ETHEKWINI MUNICIPAL COUNCIL - ETHEKWINI MUNICIPALITY

 
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No. 82                              MINUTES
                                              OF
              ETHEKWINI MUNICIPAL COUNCIL
                          Meeting held on Monday, 2020-11-13T10:00,
              Hall 3A, Inkosi Albert Luthuli International Convention Centre, Durban

PRESENT   :       Councillors WG Thusi (Speaker), TM Kaunda (Mayor), A Beetge, VNR Bhana,
                  MPN Bhengu, MC Bhengu, M Billy, NC Biyela, T Biyela, NJ Bollman,
                  M Brauteseth, WJD Burne, SS Butelezi, H Cele, NT Cele, J Chetty, CO Clayton,
                  TP Collins, M David, SV De Boer, MAK Dladla, CB Dlamini, JA Dlamini,
                  SB Dlamini, MP Dlomo, J Essop, BA Fortein, VE Gebashe, G Govender,
                  S Govender, NL Graham, PJC Graham, NP Gumede, TR Gumede, ZD Gushu,
                  MS Gwala, MH Haniff, PL Hlengwa, QL Hlengwa, RC Hlophe, NB Hoosman,
                  NB Iyir, JA Johnson, M Johnson, SA Kaunda, DM Khanyile, KNN Khubone,
                  JS Khuboni,    PZ Khumalo,     HL Khubisa,    S Khuzwayo,    ZW Khuzwayo,
                  SNC Khwela, CJ Laing, CB Langa, M Lutchmen, P Luthuli, TJ Luthuli,
                  MT Mabaso, NI Madlala, ZP Makhanya, TZ Mathe, PM Mbambo, V Mbanjwa,
                  AM Mbele, RD Macpherson, P Mfeka, K Mhlaba, DM Mhlanzi, GN Mhlongo,
                  SE Mhlongo, MB Mjadu, AZ Mkhize, HGB Mkhize, KV Mkhize, ME Mkhize,
                  MM Mkhize, MP Mkhize, S Mkhize, SM Mkhize, X, Mkhize, SM Mkhwanazi,
                  PS Mncube, SB Mngadi, SV Mngadi, NE Mnguni, S Mnguni, BV Mngwengwe,
                  SR Moodley, B Mpanza, SB Mpanza, B Msomi, NP Msomi, LG Mthembu,
                  M Mthembu, ON Mthembu, TM Mthethwa, TT Mthiyane, N Munien, AB Mvubu,
                  RM Mzobe, BD Naidoo, M Nair, X Nala, PL Ncayiyana, BP Ndlela, PB Ndlovu,
                  AS Ngcobo, S Ngema, TT Ngubane, BE Nhlangulela, SJM Nhlapho, MS Nkosi,
                  M Nojiyeza, PC Ntshangase, BT Ntuli, PB Ntuli, PH Nxumalo, W Nyaba,
                  NN Nyanisa, TT Nzuza, F Peer, JP Phewa, TK Phohlo, D Pillay, DR Pillay,
                  KR Pillay, GDA Pullan, BR Qhantsi, A Ramkissoon, S Sewshankar, B Shabane,
                  MG Shange, SG Shange-Dlamini, MT Shelembe, MC Shezi, VH Shezi, DM Shozi,
                  KS Sibisi, M Sibisi, PN Sikhosana, EL Singh, Sagar Singh, Samier Singh,
                  PS Sishange, NI Sithole, EG Smith, AD Snyman, ZR Sokhabase, M Tembe,
                  S Thango, JC Van den Berg, PA Vedan, MC Xulu, TV Xulu, NY Young, BM Zulu,
                  TM Zuma, and there being seven (7) vacancies.

ABSENT    :       Councillors BF Scott (Deputy Mayor) (Leave-Personal Commitments),
                  S Bhanprakash, (Leave–Personal Commitments), S Brijmohan, R Cloete,
                  SR Dlamini, GT De Lange, HD Goge (Leave-Personal Commitments), R Gokool,
                  Y Govender (Leave - Personal Commitments), BR Gumede, NC Gumede,
                  GJ Hegter (Leave-Indisposed), NP Hlomuka, MH Khan (Leave-Personal
                  Commitments), ES Khanyile, NL Khuzwayo, TN Mabanga, A Maharajh
                  (Leave - Personal Commitments), B Majola, TG Makhanya (Leave-Personal
                  Commitments), MW Manqele, WL Mapena (Leave - Personal Commitments),
                  FW Mdletshe (Leave - Personal Commitments), BA Mkhize, E Mngadi,
                  LN Mngwengwe,       S Moonsamy      (Leave-Indisposed),     MM Mthembu,
                  MGF Mthembu, J Naidoo, SB Ngcongo (Leave–Indisposed), AB Ndlovu (Leave-
                  Personal    Commitments),  MK Ndzimbomvu,      ZS Ndzoyiya,   MM Ngiba,
                  DR Nowbuth (Leave-Personal Commitments), SC Ntshangase, MS Nyawose,
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                                                                 Council Minutes – 2020-11-13)

                   BW Phewa (Leave-Personal Commitments), P Pillay (Leave - Indisposed),
                   MD Qwabe, A Rampersad (Leave- Municipal Business), T Sabelo, S Sewshanker
                   (Leave – Indisposed), AN Shabalala, A Shaheed (Leave-Personal Commitments),
                   N Sibiya, ES Shezi, JB Thabethe, SM Windvogel (Leave-Personal Commitments),
                   C Xesibe (Leave-Personal Commitments), T Xuma, TG Zungu, GB Zulu,
                   MH Zwane.

OFFICIALS
PRESENT   :        Messrs/Mesdames S Nzuza (City Manager), S Cele (Deputy City Manager:
                   Governance and Intergovernmental Relations), B Khanyile ( Deputy City Manager:
                   Human Settlements, Engineering Services and Transport), S Makhanya
                   (Deputy City Manager: Trading Services), M Mhlongo (Head: Legal Services),
                   A Peters (Chief Strategy Officer), E Apelgren (Head: Intergovernmental Relations),
                   BM Mhlongo (Deputy Head: Office of the Speaker), M Lelosa (Manager: Council
                   Committees).

(At the commencement of the meeting 176 Councillors were present, comprising ANC – 113 , DA - 45 ,
IFP – 5, EFF – 5, INDEPENDENT - 3, AIC - 2, ACDP – 1, MF - 1, DLC - 0, TA- 0, MOSA – 1, APC -
0 and AL JAMA-AH - 0).

                                       _________________

1.           NOTICE CONVENING THE MEETING

             The Acting City Manager read the Notice convening the meeting as per the statutory
             requirement.

2.           OPENING

             The Speaker declared the meeting open and extended a warm welcome to the Deputy
             Mayor; Members of the Executive Committee; Honourable Councillors and Traditional
             Leaders; the City Manager; Deputy City Managers and Unit Heads; Head: Legal Services
             and Compliance; Media; Members of the Public streaming the meeting on social media
             and Members of the Administration.

3.           AFRICAN UNION AND NATIONAL ANTHEM

             At the request of the Speaker the meeting stood to sing the African Union Anthem and
             the National Anthem of the Republic of South Africa.

4.           OPPORTUNITY FOR PRAYER/MEDITATION

             The Speaker requested Council to observe a moment’s silence for all those
             who had passed on.
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                                                            Council Minutes – 2020-11-13)

5.   OFFICIAL ANNOUNCEMENTS

     The Speaker started by wishing all Matriculants good luck for their exams in the hope
     that they would persevere and be blessed with the wisdom and the courage necessary to
     be successful.

     She then expressed the City’s condolences to King Zwelithini KaBhekuzulu and the
     Royal Household following the passing of His Majesty’s eldest son Prince Lethukuthula
     Zulu; the family and relatives for the loss of the following key public figures, Inkosi
     Mkhize of Esmahleni area; the Deputy Speaker of the KZN Legislature, Honourable
     Mluleki Ndobe; the outgoing Auditor-General, Mr Kimi Makwetu; and the former Mayor
     of Nelson Mandela Bay, Mr Mongameli Bobani.

     Condolences were also expressed to families which have lost their loved ones due to road
     accidents. The City joined the Province in expressing great shock following the two
     major accidents, the first involving the loss of 16 people in a crash between taxi and truck
     in R66 between Ulundi and Melmoth in October and the second crash occurring in
     November, on the N3 near Escourt where 14 people lost their lives.

     The Speaker continued and expressed condolences to the City Administration Unit on the
     passing of their Colleague, Ms Zonke Mavundla. It was noted that the eThekwini
     Municipal leadership team led by the Speaker and DCM Cele attended Zonke’s funeral in
     Port Shepstone.

     On the issue of COVID-19, the Speaker highlighted that this pandemic was still prevalent
     and thus, leadership was therefore requested to play a pivotal role to promote compliance
     with safety protocols in a bid to limit number of infections. She expressed condolences
     to families which have lost their loved ones as a result of COVID-19.

     The Secretariat Department requests Council to join in bidding farewell to its seasoned
     Chief Committee Officer, Mr Vishnu Ramsunder, who has retired in October after having
     been in the employ of the Municipality for 29 years. He has been servicing EXCO and
     Council and we wish him all the best in his future endeavours.

     The Speaker extended birthday greetings to all Councillors who celebrated their birthdays
     in the month of October.

     Councillors were referred to Rule of Order By-law (16) and as per these Rules,
     Councillors were requested to conduct themselves in a respectful manner, to refrain from
     interrupting the proceedings and are encouraged to conduct business with the highest
     decorum and integrity that the occasion and the residents of the Municipality deserve.

6.   SPEAKER’S REPORT

     The Speaker reported on the following activities that the Municipal Council has
     undertaken, during October 2020.

     In providing the Back-to Basics report, she highlighted that, while a total of 70 meetings
     were held of which 28 committees have submitted evidence related thereto, she was
     encouraged that Ward Committees continued to meet monthly and submitted monthly as
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                                                      Council Minutes – 2020-11-13)

required. She informed members that from the beginning of the 2020/2021 financial year,
there was a total of 21 Wards that had not held 3 consecutive meetings.

That she would be engaging with Ward Councillors in those particular Wards and
interventions made in Wards 8, 73 and 88 in an effort to resolve operational issues that
were hindering the functionality of these structures.

An update of changes to the Council membership was given with the Speaker providing
feedback on the By-elections that were held on 11 November 2020 in Wards 32, 36, 81
and 84. She reported that the ANC had retained three (3) Wards and the DA had retained
Ward 36, with By-elections still outstanding in Ward 66. That two resignations have been
received from two PR Councillors from the MF and the DA and formally welcomed
Councillor VNR Bhana from the Minority Front who would be replacing erstwhile
Councillor J Annipen.

(At this stage of the proceedings Councillor T. Mthethwa recused himself from
the meeting)

Members were also advised of the proposed change by the Democratic Party (DA) to the
membership of the Ethics Committee, with the inclusion of Councillor Thabani
Mthethwa, it being noted that the change is to be approved by Council.

In noting that Cllr Mthethwa currently serves as a member of the Executive Committee
(EXCO), Councillor S.A. Kaunda enquired whether a member of the Executive
Committee could also serve on a Statutory Committee, legal advice was sought in this
regard. Head: Legal and Compliance requested for opportunity to consult with the
Municipality’s Terms of Reference to ascertain whether there was any conflict of interest
with a member of the Executive Committee serving on Ethics Committee. An opportunity
was offered to Head: Legal and Compliance Unit whilst the Speaker continued presenting
her report.

She reflected on the oversight visit by the National Parliament COGTA Portfolio
Committee on 16 October 2020 where separate engagements were held by its
Chairperson Honourable Faith Muthambi with Amakhosi of eThekwini, Councillors and
community members from Ward 52 and different stakeholders from the Inanda, Ntuzuma
and KwaMashu (INK) area on service delivery matters.

In closing, the Speaker advised members that due to the COVID-19 Regulations around
gatherings and the high-risk status of senior citizens in terms of infections, it has been
accepted that it would not be feasible to hold the normal Senior Citizens Programme and
that incentives would be given to elders in the form of food vouchers, the details of which
will
be communicated with Councillors once they had been finalized.

Head: Legal and Compliance Unit was then given an opportunity to advise on Councillor
S.A. Kaunda’s query re the Executive Committee Member also serving on Ethics where
he indicated that the Terms of Reference were silent on whether such was prohibited.
He indicated that since the Terms of Reference are silent, there is no breach in appointing
an EXCO Member to Ethics Committee.

It was then,
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                                                        Council Minutes – 2020-11-13)

                                     RESOLVED:

     That the Democratic Alliance (DA) membership in the Ethics Committee be amended by
     the inclusion of Councillor Thabani Mthethwa as a main member replacing Councillor
     Sharmaine Sewshanker, and Councillor Sharmaine Sewshanker serving as an alternate
     member replacing erstwhile Councillor Ryley on the Committee.

7.   APPLICATIONS FOR LEAVE OF ABSENCE

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

     COUNCILLORS

     Councillor N Bhanprakash    :      2020-11-13 (Personal Commitments)
     Councillor BA Fortein       :      2020-11-13 Until 13:00 (Personal Commitments)
     Councillor NB Iyir          :      2020-11-13 (Personal Commitments)
     Councillor FW Mdletshe      :      2020-11-13 (Personal Commitments)
     Councillor CJ Hegter        :      2020-11-13 to 2020-11-19 (Indisposed)
     Councillor TG Makhanya      :      2020-11-10 to 2020-11-16 (Personal Commitments)
     Councillor WL Mapena        :      2020-11-12 to 2020-11-13 (Personal Commitments)
     Councillor BW Phewa         :      2020-11-13 (Personal Commitments)
     Councillor SB Ngcongo       :      2020-11-10 to 2020-11-14 (Indisposed)
     Councillor AB Ndlovu        :      2020-11-13 to 2020-11-16 (Personal Commitments)
     Councillor S Moonsamy       :      2020-11-13 (Indisposed)
     Councillor A Rampersad      :      2020-11-13 (Municipal Business)
     Councillor D Nowbuth        :      2020-11-13 (Personal Commitments)
     Councillor S Windvogel      :      2020-11-13 (Personal Commitments)
     Councillor A Maharajh       :      2020-11-12 to 2020-11-16 (Personal Commitments)
     Councillor S Sewshanker     :      2020-11-13 to 2020-11-14 (Indisposed)
     Councillor C Xesibe         :      2020-11-13 (Personal Commitments)
     Councillor P Pillay         :      2020-11-13 (Personal Commitments)
     Councillor HP Shozi         :      2020-11-13 (Personal Commitments)
     Councillor BF Scott         :      2020-11-13 (Personal Commitments)
     Councillor HD Goge          :      2020-11-13 (Personal Commitments)
     Councillor Y Govender       :      2020-11-13 (Personal Commitments)
     Councillor A Shaheed        :      2020-11-13 (Personal Commitments)
     Councillor MH Khan          :      2020-11-13 (Personal Commitments)

8.   CONFIRMATION OF MINUTES: Meetings held on 2020-09-30 and In-committee
     meeting held on 2020-09-30.

                                RESOLVED:
     That the minutes of the meetings of the eThekwini Municipal Council held
     on 2020-09-30 and the minutes of the In-Committee meeting held on 2020-09-30,
     as circulated and taken as read, be and they are hereby confirmed.
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9.    QUESTIONS IN TERMS OF SECTION 27 OF THE RULES OF ORDER

      The following Questions in terms of Section 27 of the Rules of Order were submitted:

9.1   Questions submitted by Councillor R Gokool : Bad Workmanship on High Street,
      New Germany (25/4/2):

      The Municipality is aware of the numerous road issues on High Street in New Germany.
      A retainer wall was installed to solve the issue. However the road, the wall and bank is
      collapsing due to bad workmanship. Water pipes are exposed. It is a safety issue.

      In light of the above I pose the following questions:

      1.    Who was the Contractor responsible for installing the gabions on High Street?

      2.    Between the Roads and Water Department which department was responsible
            for appointing the Contractor?

      3.    Between the Roads and Water Department which department will resolve this
            issue?

      4.    What is the process once a Contractor is done with a job?

      5.    Who signed off on the job being complete and with all requirements
            being met?

      6.    What action steps are being taken to remedy the situation?

      7.    When will the situation be remedied?

      8.    What is the long term solution for this issue?

      9.    What action steps have been taken against the Contractor?

      10.   Will this Contractor be allocated to continue to do business with
            the Municipality?

      It was agreed that the questions listed not be responded to since Councillor R Gokool had
      tendered a leave of absence for the meeting and had not authorised in writing another
      Councillor to receive responses as per section 27(16) of the Rules of Order By-Law.

9.2   Questions submitted by Councillor N Bollman: Closure of Umhlanga Library (34/7)

      At the end of May this year, with very little notice to the Umhlanga Community,
      the Municipal public library, situated in Chartwell Drive, Umhlanga, was closed. It was
      initially advised that this would be a temporary situation whilst new premises were
      sought, however 5 months later and several queries to the relevant department, both the
      community and I are very much in the dark as to if and when the Umhlanga Library
      will re-open.
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       It is important to note that this facility is the corner-stone of the community, not only
       catering for the residential community of Umhlanga but to a vast amount of tourist who
       frequent the coastal suburb whilst on holiday as well as a number of leaners from
       neighbouring suburbs and informal areas.

       In light of the above, I request that the following questions be answered:

       1.    What is the current position regarding the Umhlanga Library?

       2.    When is the Umhlanga Library expected to be re-opened to the public?

       3.    If not soon, what are the current constraints being experienced by the city, in
             having the facility re-opened?

      Councillor BT Ntuli provided the following respective responses:

       1.    Umhlanga library is temporally closed at the moment the Tender process has started,
             the Specification is done and submitted to SCM . the report to BSC is also done and it
             has been signed by the Head of the unit, now it is with SCM for two more signatures
             from the Senior manager and Deputy Head and the last signature will be the Head
             expenditure.

       2.    The Umhlanga Library will be opened to the public once the tender process is finalised
             and the service provider is appointed as the position of where we are is explained in
             question 1.

       3.    Things are moving a little better now that we are on level 1 and staff are no longer
             rotating. COVID- 19 and its consequences is the major constraint that we are faced
             with, and it is beyond our call of duty. The backlog that some departments are
             experiencing forces us to understand that things are no longer normal and our approach
             to things needs to change. The department is trying so hard to get Umhlanga re-opened
             by early next year.

9.3    Questions submitted by Councillor E Smith: Walking of Dogs in Jameson Park (30/2/3):

       Public spaces are generally open to members of the public, which, per eThekwini
       Municipal By-laws allows dogs, as long as they are on a leash. The Municipality has
       allowed people to walk their dogs in Jameson Park for years. This decision was
       unilaterally revoked without notice in August 2020.

       It is on this background that I pose the following questions:
       1.    Under what authority (list section and subsection) is the Head of Parks
             authorised to unilaterally, close a public space to leashed dogs such a Jameson
             Park?
       2.    Under which section of the Municipal By-laws was it allowed previously?

       3.    Was stakeholder engagement done and the surrounding community
             consulted? If so, where was this advertised and how long before the event?
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 4.    How much was the emergency budget that was made available for signage?

 5.    Why was this deemed an emergency?

 6.    To whom in treasury was this motivation for emergency directed?

 7.    Why was this item not sent to the Community Services Committee for
       approval?

 8.    How many written complaints, pertaining to dogs, in the Jameson Park, were
       reported to the Municipality over the last 7 years? Are the records available
       for public viewing? If not, why not?

 9.    If available, kindly provide copies?

Councillor M Nojiyeza provided the following respective responses:

 1.    The Head is tasked with the responsibility to manage the public parks efficiently. In
       this case he acted correctly to stop the practice that was creating conflict amongst
       park users and could also be defined as nuisance.

 2.    Nuisance Bylaws

 3.    Stakeholders were not engaged however the practice walking dogs that are not on
       leech could not be condoned. It required immediate action before anyone could be
       bitten. This was also done to protect Council from being sued incase a member of
       the public is bitten while at the park.

       Soon after banning the dog walk a meeting was held with the Councillor and
       representatives of dog walkers on Friday 16 October 2020 to further look at this
       matter.

 4.    We have a vote called emergency budget instead we use our operating budget to put
       up the stick on signage and therefor the cost was minimal.

 5.    It was necessary to prevent dogs biting members of the public and to also protect
       Council from being sued should members be bitten by dogs

 6.    There was no need for any motivation in this regard.

 7.    There was no need to send this matter to Council as we were dealing with
       operational issues.

 8.    There were no written complaints however we had verbal and telephonic
       complaints

 9.    It is not a standard practice to do this as other complainants wants to remain
       anonymous.
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                                                                Council Minutes – 2020-11-13)

9.4    Questions submitted by Councillor A Maharajh: Weed Eradication in the Municipality
       (31/4/1):

       Weed eradication is not consistent throughout the Municipality

       In light of the above, I pose the following questions:

       1.    Why has the contract for weed eradication not been renewed?

       2.    Between the Parks and Roads and Stormwater Department who has the
             mandate to clean out the weeds on the road and pavements?

       3.    Which Department will be responsible for fixing the damage done to
             infrastructure because of over-grown weeds?

       4.    With the rainy season upon us what is the Park’s Department action steps to
             deal with over-grown weeds on pavements and stormwater drains?

      Councillor PS Mncube provided the following respective responses:

       1.    The Parks, Recreation & Culture Unit is reliant on the Supply Chain Management
             (SCM) Division to advertise and adjudicate the new Contract for both the grass
             cutting and the weed spraying functions throughout the City. The Parks Department
             is in constant contact with SCM to ascertain the status of the new contracts. The
             response is that the schedule of applicants is sitting with the Compliance section.
       2.    The weed spraying of the Roads falls under the Roads & Stormwater’s function
             whilst the parks department is responsible for spraying the verges and pavements.
             The Roads and Stormwater division should be shoveling up and clearing the weeds
             from the road gutters and servitudes.
       3.    The damaged infrastructure to the roads would fall under their domain.

       4.    The parks department has established two (2) teams per area who have been trained
             to mix the herbicides and chemicals correctly and the teams carry out the weed
             spraying function over the weekends as overtime .This is a temporary solution to
             tide the City over till the weed spraying Contract has been awarded .
             The Parks, Recreation & Culture Unit has proactively implemented these Weed
             spraying Teams in every District throughout the 110 Wards in an effort to avoid
             unnecessary impairments to the road and sidewalk infrastructure as well as to
             ensure a more pleasing aesthetic for the City.
             The recent rains have not assisted in this process but it is under control.

9.5    Questions submitted by Councillor GDA Pullan: Illegal Connections of Electricity in the
       Informal Settlements (30/2/3):
       The number of electricity outages in the city has been increasing. As we know, electricity
       is almost a basic need. Virtually every informal settlement has a connection to our
       electricity supply. The consequence of these illegal connections is that the supply
       regularly fails, both for the formal and informal residents.
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                                                          Council Minutes – 2020-11-13)

 There is a huge cost to the Municipality in replacing burnt out substations, cabling etc.
 In light of the above, I pose the following questions:
 1.    What is the cost of sending out teams to restore power where an illegal
       connection has interfered withs supply?
 2.    What is the cost of replacement equipment in these instances?
 3.    How many lives have been lost through electrocutions in the last five years?
 4.    Would it be more cost effective to supply informal settlements with power?
 5.    Would the Department investigate and report back to Council on their
       professional solutions to the problem?
 6.    What is the cost of replacing a substation and how many have we replaced
       since 2016?
 7.    Is there a comprehensive plan to deal with illegal connections, If so, please
       provide details?

Councillor BV Mngwengwe provided the following respective responses:

 1.    This can vary depending on extent of fault. A simple resetting of a breaker can cost
       approx. R650 an hour. This team will consist of an electrician, an assistant and cost
       of vehicle per hour.
 2.    The cost of a pole transformer/mini-sub can range anywhere from R 71 082.40 –
       and R 268 057.18 depending on the associated equipment that is damaged.
 3.    We have 51 reported inadvertent contacts with electricity over the last 5 years of
       members of the public and 12 reported deaths in the last 3 years.
 4.    It is not a matter of mitigating costs associated with theft but more of a provision of
       need to our citizens. Our electricity losses through theft is estimated at approx.
       R360 m per annum. Informal settlements are currently being electrified through
       electrification projects, however illegal connections are still rife within electrified
       settlements.
 5.    Numerous strategies have been studied internationally over the years and
       eThekwini has adopted a strategy supplying informal households a 20A connection.
 6.    Approx. R 250 000 depending on size. Our newer 500 kVA mini-subs cost R550k.
       It is difficult to quantify the number lost due to illegal connections as illegal
       connections are usually connected downstream and not on the Mini-Substation
 7.    The City has adopted a multi-pronged approach viz, electrify 10 000 to 15 000
       households per annum; unblock barriers to electrification viz, settlements on private
       land, green spaces, servitudes, flood -plains; social housing projects; spatial
       planning; reduction of theft by disconnections and removal of unpaid services etc.
       There is also a Branch dedicated to preventing theft /damage of our infrastructure.
                               _____________
 (His Worship the Mayor, Councillor TM Kaunda presented the First Report of the
 Executive Committee)
                           __________
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                                                                 Council Minutes – 2020-11-13)

              FIRST REPORT OF THE EXECUTIVE COMMITTEE
                                  (Meeting held 2020-10-20)

PRESENT   :     Executive Committee Members TM Kaunda (Mayor and Chairperson), BF Scott
                (Deputy Mayor), Y Govender, NL Graham, SA Kaunda, TM Mthethwa, MS Nkosi
                and NI Sithole.

ABSENT    :     Executive Committee Members T Sabelo (Leave - Municipal Business)
                and N Sibiya (Leave -Personal Commitment).

                                        _____________

1.        REPORT OF THE COMMUNITY SERVICES COMMITTEE: MEETING HELD
          2020-10-15

          (Page R3)

1.1       Request for Approval: Outbreak of Rabies in the South Sub District Area (30/2/3/1):
          (Page 30: Community Services Committee - Agenda 2020-10-15)

          The Community Services Committee was informed of the rabies outbreak with the
          Umlazi and Umbumbulu areas being mostly affected. Four (4) human rabies cases, all
          children under the age of 10, were reported thus far with the first case reported in
          July 2020 and the last confirmed case reported in September 2020. All four (4) cases
          have unfortunately succumbed to the endemic.

          Support was requested from Councillors to mobilise communities and raise awareness in
          as far as rabies prevention and control is concerned; and that adequate police visibility is
          provided for vaccination teams during the animal vaccination campaigns in the affected
          areas. The Deputy City Manager: Community and Emergency Services was requested to
          confirm that the Committee would not bear financial implications that would be incurred
          in respect of overtime payment for Metro Police Officers.

          It was requested that the Committee be provided with the schedule of the rabies
          vaccination and awareness programmes taking place with Ward information and dates in
          order for Councillors to ensure the programme is accessed by all communities.

          At the Executive Committee Level, it was reiterated that the schedule of vaccination and
          the awareness programmes had to be circulated in advance to enable Councillors to
          accordingly disseminate the information to their constituencies.

          In this regard;

                               COMMITTEE RECOMMENDS:

1.1.1     That authority be granted for the Deputy City Manager; Community and Emergency
          Services to deploy Metro Police to accompany the vaccination teams during the rabies
          vaccination campaigns within the eThekwini Municipal District to prevent vehicle
          hijacking as experienced in the past.
- 3032 -                   (eThekwini Municipality
                                                             Council Minutes – 2020-11-13)

1.1.2   That authority be granted to the Head: Health to ensure the following:

        (a)     Active involvement and participation from Civil Society;
        (b)     Ongoing rabies education to raise community awareness; and
        (c)     Upscaling the animal vaccination campaign in the Metro area and ensure that
                anti-rabies vaccines are available in all health care facilities.
        ADOPTED.

1.2     Request for Approval: Update on Food Security Programme and Planned Activities for
        Agro-Ecology Unit for 2020/2021 Financial Year (20/1/7/5):
        (Page 35: Community Services Committee - Agenda 2020-10-15)

        The Community Services Committee was updated on the Food Security programmes and
        requested that the Head: Agro-Ecology provides a detailed presentation at the next
        meeting. The presentation should state figures regarding food security programmes being
        provided for the youth, women, people with disabilities and learners category.

        Thereafter;

                            COMMITTEE RECOMMENDS:

1.2.1   That the update provided by the Head: Agro-Ecology in respect of the Food Security
        Programme being implemented under the Agro-Ecology Unit, be noted.

1.2.2   That authority be granted to the Head: Agro-Ecology to implement the following
        programmes during the 2020/2021 financial year, it being noted that no financial
        implications were to be incurred:

        •      Livestock and poultry farming;
        •      Smart farming;
        •      Sustainable Agriculture;
        •      Environmental protection;
        •      Public health improvement
        •      Economic and social equity; and
        •      One Home One Garden Project;
        ADOPTED.

1.3     Request for Approval: Revised Capital Budget for Agro-Ecology Unit for 2020/2021
        Financial Year (7/1/2/1):
        (Page 50: Community Services Committee - Agenda 2020-10-15)

        The list of various Gardens and Agriculture Hubs proposed by the Agro-Ecology Unit in
        the report, was noted. The Community Services Committee was informed that the Unit
        was looking into making Hubs become food centres for the production, sorting and
        accessing of produce and food. In addition, it was stated that the converting of gardens
        from subsistence to commercial farming should be explored by the Unit.

        Accordingly;
- 3033 -                   (eThekwini Municipality
                                                            Council Minutes – 2020-11-13)

                            COMMITTEE RECOMMENDS:

1.3.1   That authority be granted to the Head: Agro-Ecology to coordinate and implement the
        Gardens Projects during the 2020/2021 financial year in the amount of R6 820 000.00
        (Six Million Eight Hundred and Twenty Thousand Rand).

1.3.2   That subject to the approval of .1 above, authority be granted to the Head: Agro-Ecology
        to proceed with the completion of the project commenced at the Marianridge
        Agro-Ecology Hub with the transferring of R 1 000 000.00 (One Million Rand) from the
        Inchanga Agro-Ecology Hub to the Marianridge Agro-Ecology Hub.

1.3.3   That subject to the approval of .1 and .2 above, authority be granted to the Head:
        Agro-Ecology to proceed with the completion of the project commenced at the Northdene
        Agro-Ecology Hub Fencing with funds available from the Capital Gardens Budget in the
        amount of R650 000.00 (Six Hundred and Fifty Thousand Rand).

1.3.4   That subject to the approval of .1, .2 and .3 above, authority be granted to the Head:
        Agro-Ecology in incur expenditure in line with the schedule of programmes and ensure
        that continuous feedback is provided to the Committee for oversight.

1.3.5   That subject to the approval of .1-.4 above, authority be granted to the Head:
        Agro-Ecology to report the revised budget transfers in the amounts of R6 820 000.00
        (Six Million Eight Hundred and Twenty Thousand Rand) and R2 450 000.00
        (Two Million Four Hundred and Fifty Thousand Rand) respectively, on the Adjustment
        Budget for the 2020/2021 financial year.
        ADOPTED.

1.4     Request for Authority to Conclude a Memorandum of Understanding with the Verulam
        Historical Society with Regards TCO the Verulam Heritage Centre (35/2/R):
        (Page L96: Community Services Committee - Agenda 2020-10-15)

        It was noted that Council had took a decision on 2018-08-30 to transfer the Verulam
        Heritage Centre from the Economic Development Unit to the Parks, Recreation and
        Culture Unit.

        On this basis;

                            COMMITTEE RECOMMENDS:

1.4.1   That authority be granted to the Head: Parks, Recreation and Culture to enter into a
        Memorandum of Understanding with the Verulam Historical Society for the general
        management of the Verulam Heritage Centre which is Municipal property.

1.4.2   That authority be granted to the Head: Parks, Recreation and Culture to engage with the
        Verulam Historical Society, it being recorded that the Verulam Historical Society plays
        an important link between the eThekwini Municipality and the community of Verulam.
        ADOPTED.
- 3034 -                   (eThekwini Municipality
                                                           Council Minutes – 2020-11-13)

1.5   Request for Project Authority to Install the 1860 Indentured Labourers’ Commemorative
      Wall in Verulam (35/2/R):
      (Page L97: Community Services Committee - Agenda 2020-10-15)

      At the Executive Committee Level, His Worship the Mayor clarified that the
      Municipality had successfully facilitated this project and that delays were being
      experienced on the side of the development of specification.

      Thereafter with the Committee being in agreement,

                          COMMITTEE RECOMMENDS:

      That project authority be granted to the Head: Parks, Recreation and Culture, in liaison
      with the 1860 Indentured Indian Labourers Foundation of Verulam, to identify a suitable
      portion of land to install and erect the 1860 Indentured Indian Labourers Commemorative
      Wall in Verulam as requested by the Foundation.
      ADOPTED.

1.6   Request for Approval to Implement Interactive Public and Cultural Museum Programmes
      in Line with the UNESCO City of Literature Award (2020/2021 Financial Year):
      (Page L98: Community Services Committee - Agenda 2020-10-15)

      The schedule of interactive, cultural and educational programmes to be implemented
      through the Local History Museums was noted. Due to the COVID-19 pandemic, most
      of the programmes would be hosted virtually and it would be ensured that all Wards have
      access to the programmes. Committee requested timely invitations to Committee
      members and implementation dates of all programmes.

      At the Support Committee, the Democratic Alliance abstained on the matter pending
      submission of report with breakdown of all programmes and details on Ward locations

      At the Executive Committee, the Democratic Alliance acknowledged the significance of
      the UNESCO Award and the opportunity associated therewith to put the City on the
      roadmap. However, concerns were expressed that important details pertaining to the
      programme had not been submitted as well as the financial breakdown thereof.

      In providing a response, the Deputy City Manager: Community and Emergency Services
      advised that the initial report presented at the Support Committee had only lacked details
      in terms of the list for the Wards allocation. He then stated that the programmes will be
      implemented both in a physical format and online as the Country had moved to Alert
      level one (01).

      Thereafter, His Worship, the Mayor emphasised that Parks, Recreation & Culture Unit
      had to be vigilant in terms of the budget allocated for awareness campaigns as more funds
      had to be assigned to programmes and/or projects that have significant impact on the
      ground in terms of service delivery

      Consequently, with the three (03) Executive Committee Members of the DA abstaining
      and with four (04) Executive Committee Members of the ANC and one (01) Executive
      Committee Member of the IFP being in support,
- 3035 -                  (eThekwini Municipality
                                                             Council Minutes – 2020-11-13)

                                  COMMITTEE RECOMMENDS:
1.6.1   That authority be granted to the Head: Parks, Recreation and Culture to coordinate and
        implement various interactive public and cultural programmes through the Local History
        Museums during the 2020/2021 financial year.

1.6.2   That subject to the approval of .1 above, authority be granted to the Head: Parks,
        Recreation and Culture to incur expenditure in the amount of R2 980 000.00
        (Two Million Nine Hundred and Eighty Thousand Rand) to coordinate and implement
        the programmes in various cultural spaces.

1.6.3   That subject to the approval of .1 and .2 above, all procurement of goods and services be
        undertaken strictly in accordance with the Supply Chain Management Policy and the
        Municipal Finance Management Act, 2003, Circular 82, regarding Cost Containment
        Measures.

1.6.4   That subject to the approval of .1, .2 and .3 above, a close-out report be submitted after
        the implementation of all programmes facilitated through the Local History Museums
        during the 2020/2021 financial year.

        Financial Implications:
        Vote No.: VARIOUS.VARIOUS.12120.0000.VARIOUS.W028
                 15522.VARIOUS.75150.0000.VARIOUS.W028
        FC No.: 34/387

        Some Councillors were not in support of the above-mentioned recommendations
        of the Executive Committee contending that the placement of the programmes and
        the associated talks would not be of benefit to citizens as they were of the view that
        the programme would be aligned with the rhetoric of one political party.

        In view of divergent views expressed, with some Councillors supporting the
        programme given the benefits that would accrue to the residents of the
        Municipality, the matter was put to the vote.

        With 176 Councillors present, 126 Councillors (ANC – 113, IFP – 5, IND – 3,
        AIC – 2, ACDP – 1, MF – 1, MOSA - 1) voted in favour, and 45 Councillors
        (DA – 45) voted against. There were 5 abstentions recorded from the EFF.

        The above recommendations of the Executive Committee were, by the majority vote,
        ADOPTED.

2.      REVISION OF AN APPROVED ANNUAL BUDGET FOR 2020/2021: COVID-19
        SPECIAL RATES RELIEF (7/1/2/1 & 7/2/2)

        (Page 14)

                                  COMMITTEE RECOMMENDS:

2.1     That Council approves the granting of a COVID-19 Special Rates Relief
        from 01 July 2020 and ending on 30 June 2021, to property owners catergorised as Bed &
        Breakfast Establishment and Guesthouses that have and continue to suffer financial losses
        in the tourism industry.
- 3036 -                    (eThekwini Municipality
                                                               Council Minutes – 2020-11-13)

2.2     That the rates relief for Bed & Breakfast Establishment and Guesthouses be set at an
        additional rebate of 14% and 39%, respectively and totaling to 64% for each property
        category.

2.3     That subject to the adoption of .1 above, the Council grant a relief to all qualifying
        applicants who submitted their applications after 30 June 2020.

2.4     That the rates rebate relief application be made in the prescribed application form to the
        Chief Financial Officer of his delegated representatives on or before 30 June 2020.

2.5     That, if granted, the qualifying conditions be as follows:

2.5.1   In the case of multiple use properties, rates relief will apply only to the applicable rates
        categories allocated to the qualifying uses in question, as reflected in the valuation roll.

2.5.2   Properties registered in the name of or owned by the organ of the State, either partially or
        wholly, will not qualify for the rates relief.

2.5.3   A property owner must be able to demonstrate by means of supporting documents to the
        satisfactory of the Chief Financial Officer or his delegate in terms of the approved
        System of Delegations that it has suffered and continues to suffer financial loss of more
        than 60% revenue.

2.6     That subject to the adoption of .1 to .2 above, the rates relief be effective retrospectively
        from 01 July 2020 until 30 June 2021.

2.7     That subject to the adoption of .1 to .5 above, revenue foregone for the period
        between 01 July 2020 and 30 June 2021, be included in the 2020/2021 Annual Budget
        Adjustment.
        ADOPTED.

3.      RECISSION OF COUNCIL RESOLUTION DATED 12/12/2019 AND ADOPTION OF
        RESOLUTION RE: LEASE OF ERVEN 12380 AND 11727 DURBAN TO DURBAN
        ICC SOC LTD

        (Page 18)

        With the Democratic Alliance not being satisfied with the approach being implemented
        and therefore suggesting an option of entering into an addendum or drawing up a new
        contract, the Head Legal confirmed that the approach of rescinding Council resolution
        was also not regarded as unlawful.

        Further, the Deputy City Manager: Finance advised that the lease agreement had expired
        in June 2019. However, a decision was taken in December 2019 which had left a gap of
        six (06) months without an agreement in place. It being noted that the new Council
        resolution will be aligned with the agreement.

        Thereafter, with the three (03) Executive Committee Members of the DA abstaining and
        with four (04) Executive Committee Members of the ANC and one (01) Executive
        Committee Member of the IFP being in support,
- 3037 -                    (eThekwini Municipality
                                                            Council Minutes – 2020-11-13)

                           COMMITTEE RECOMMENDS:

3.1   That the following resolution relative to Lease of Erf 12380 Durban, as adopted by
      Council on 12 December 2019, be rescinded:

      “17.1   That in terms of Section 110 (2) of the Local Government: Municipal Finance
              Management Act 56 of 2003, Council approves the lease of the properties
              described as Erf 12380 in extent 5,7856m2 and Erf 11727 Durban in extent
              4,6577m2 for a period of (twenty) 20 years to the Durban ICC SOC LTD with
              company Registration details 1992/008887/30.
      17.2    That the rental for the lease period be assessed at R1-50
      17.3    That subject to the adoption of .1 and .2 above, the Head Real Estate
              be authorized to sign all documents necessary to conclude the agreement.”

3.2   That in terms of Section 110 (2) of the Local Government: Municipal Finance
      Management Act 56 of 2003, Council approves the lease of the properties described as
      Erf 12380 in extent 5,7856m2 and Erf 11727 Durban in extent 4,6577m2 for a period of
      (twenty) 20 years to the Durban ICC SOC LTD with company Registration details
      1992/008887/30.

3.3   That the rental for the lease period be assessed at R1-50 inclusive of VAT.

3.4   That Council ratify the effective date to be 27 June 2019.

3.5   That the building and improvements remain with the Durban ICC as a continuation of the
      former lease.

3.6   That subject to the adoption of .1 to .5 above, the Head Real Estate be authorized to sign
      all documents necessary to conclude the agreement.

      Some Members were not in support of the matter and, accordingly, with
      177 Councillors present, 126 Councillors (ANC – 113, IFP – 5, IND – 3, AIC – 2,
      ACDP – 1, MF – 1, MOSA - 1 ) voted in favour, and no Councillors voted against.
      There were 51 abstentions recorded (DA – 46 and EFF – 5).

      The above recommendations of the Executive Committee were, by the majority vote,
      ADOPTED.

4.    FINAL INTEGRATED DEVELOPMENT PROCESS PLAN – 2021/2022 (2/1/6/1)
      (Page 26)
                           COMMITTEE RECOMMENDS:

4.1   That the final 2021/22 Integrated Development Plan (IDP) Process Plan as contained in
      the report of the City Manager dated 2020-09-18 developed in line with the requirements
      of the Local Government: Municipal Systems Act, No. 32 of 2000, to guide the planning,
      drafting, adoption and the review of the Integrated Development Plan of the eThekwini
      Municipality, be adopted, it being recorded that the Process Plan outlines the following:

      (i)     Defines steps for the process of review
      (ii)    Outlines roles and responsibilities
- 3038 -                   (eThekwini Municipality
                                                           Council Minutes – 2020-11-13)

      (iii)   Outlines public participation process
      (iv)    Provides cost estimate for facilitating the review process
      (v)     Incorporates new processes such as the City Planning Commission and Durban
              Resilient Strategy as strategic inputs into the development of the 5-year IDP.

4.2   That upon obtaining Council approval, a copy of the Process Plan be submitted to the
      Honourable MEC for Co-operative Governance and Traditional Affairs to ensure that the
      Municipality meets statutory obligations in this regard.
      ADOPTED.

5.    APPROVAL OF CUSTOMER RELATIONS MANAGEMENT POLICY & THE
      CONTACT CENTRE PROJECT PROGRESS APPRAISAL

      (Page 65)

      The Democratic Alliance expressed concern making the point that the Municipal
      interaction with its customer was poor, particularly at the water and electricity Contact
      Centres as queries were not resolved timeously. It was highlighted that Council was
      working with an outdated system, with insufficient staff members which had led to the
      WhatsApp line not being managed properly.

      As a result, repeat calls were being received due to breakdown of communication
      between the Call Centre staff members and the Technicians resolving queries on the
      ground. It was proposed that an SMS system to alert customers on the progress of their
      queries be developed as well as establishment of Parks, Recreation & Culture (PRC) Unit
      at all Sizakala Centres.

      In providing a response, Management advised that the available systems were designed
      for customer relations and Call Centres, however they were stand alone, which had posed
      a challenge. Confirmation was given that there would be collaboration between the
      Governance and International Relations Cluster and other Units such as Parks, Recreation
      and Culture to ensure incorporation of services at Sizakala Centres,

      Thereafter;

                          COMMITTEE RECOMMENDS:

5.1   That the Customer Relations Management Policy as per Annexure “A” of the report of
      the City Manager dated 2020-09-25, be approved.

5.2   That Council notes the Municipal Contact Centre project progress with further progress
      to be provided after a period of three (3) months.

      Some Members were not in support of the matter and, accordingly, with
      171 Councillors present, 127 Councillors (ANC – 110, IFP – 5, EFF – 5, IND – 3,
      AIC – 1, ACDP – 1, MF – 1, MOSA - 1 ) voted in favour, and 44 Councillors
      (DA – 44) voted against. There were no abstentions recorded.

      The above recommendations of the Executive Committee were, by the majority vote,
      ADOPTED.
- 3039 -                    (eThekwini Municipality
                                                              Council Minutes – 2020-11-13)

6.      PUBLIC CONSULTATION: ENERGY STRATEGIC ROADMAP (ESR) AND
        ETHEKWINI INTEGRATED RESOURCE PLAN (EIRP) (27/1/2/P)
        (Page 202)
                            COMMITTEE RECOMMENDS:
6.1     That Council notes the update on the stakeholder engagement process and key issues that
        emerged in relation to the changing energy landscape.
6.2     That authority be granted for the Energy Office to embark on public consultation
        for the Energy Strategic Roadmap and EThekwini Integrated Resource Plan as informed
        by Section 195(1)(e) of the Constitution of the Republic of South Africa
        (Act No. 108 of 1996).
        ADOPTED.

7.      APPLICATION FOR AN AMENDMENT TO A COUNCIL RESOLUTION TAKEN
        ON 31 MARCH 2016 (17/2/1/2/3)
        (Page 208)
                            COMMITTEE RECOMMENDS:
7.1     That in order to ensure the correct property is transferred to the Provincial Department of
        Human Settlements, Council approves the following amendment of the resolutions
        relative to “Application to Sell Various Portions of Land to the KwaZulu-Natal
        Department of Human Settlements for the Re-settlement of the Inanda Displaced Trader
        Groups”, as adopted by Council on 31 March 2016:
7.1.1   That the Municipality declares in terms of Section 14(6) of the Municipal Finance
        Management Act, Act 56 of 2003, read together with Regulation 20 of the MFMA Asset
        Transfer Regulations that Erf 798 Trenance Manor, Ptn 1 of Erf 1 Redfern, Erven 74-77
        and 85-87 Lenham and Erf 2009 Caneside be transferred to the KwaZulu-Natal
        Department of Human Settlements for the onward sale and transfer to the Inanda
        Displaced Traders groups at an amount of R30.00 (Thirty Rand) per square meter in
        terms of the existing Displaced Trader Programme.
7.1.2   That a suitably worded condition in favour of the Municipality be included as a
        restriction in title in respect of all the sale agreements and that this condition is to be
        carried forward in title when transfer takes place from the Department to the various
        displaced Traders groups.
7.1.3   That Council notes all costs of survey are to be for the account of the KwaZulu-Natal
        Department of Housing.
7.1.4   That authority be granted to the Head: Real Estate to sign all documents necessary to
        conclude the various agreements in this regard.
        Some Members were not in support of the matter and, accordingly, with
        174 Councillors present, 124 Councillors (ANC – 111, IFP – 5, IND – 2, AIC – 2,
        ACDP – 1, MF – 1, MOSA – 1, APC – 1) voted in favour, and no Councillors voted
        against. There were 50 (DA – 45 and EFF – 5) abstentions recorded.
        The above recommendations of the Executive Committee were, by the majority vote,
        ADOPTED.
                               _______________
- 3040 -                   (eThekwini Municipality
                                                               Council Minutes – 2020-11-13)

          (His Worship the Mayor, Councillor TM Kaunda presented the Second Report of
          the Executive Committee)

                                      _______________

          SECOND REPORT OF THE EXECUTIVE COMMITTEE
                                  (Meeting held 2020-10-27)

PRESENT   :    Executive Committee Members TM Kaunda (Mayor and Chairperson), BF Scott
               (Deputy Mayor), Y Govender, NL Graham, SA Kaunda, TM Mthethwa, T Sabelo
               and NI Sithole.

ABSENT    :    Executive Committee Member M                   Nkosi    (Personal    Commitments),
               N Sibiya (Municipal Business Leave).

                                      _______________

1.        REPORT OF ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE:
          MEETING HELD 2020-10-21

          (Page R1)

1.1       Motivation for eThekwini Municipality to Enter into Second Memorandum
          of Understanding with C40 Cities Climate Leadership Group Inc and Deutsche
          Gesellschaft Fur Internationale Zusammenarbeit (GIZ)(32/2/2):
          (Page 1: Economic Development and Planning Committee - Agenda 2020-10-21)

          Authority is being sought for the City Manager to enter into a second Memorandum of
          Understanding (MOU) with C40 Cities Climate Leadership Group Inc.
          and Deutsche Gesellschaft Fur Internationale Zusammenarbeit (GIZ) in order
          to facilitate ongoing support for the C40 Cities Finance Facility for it eThekwini
          Municipality to continue developing a business case and exploring financing options for
          the expansion of the existing Sihlanzimvelo program and River management process in
          the eThekwini Municipal area.

          The program and other river management programmes demonstrate the importance of
          investing in ecological infrastructure in a way that enhances the natural environment,
          supports the effective functioning of existing “grey” infrastructure, and advances climate
          adaptation and improves human wellbeing.

          The current MOU expires on 19 September 2020, and therefore a second MOU, which
          will remain substantively unchanged from the first needs to be entered
          into between the parties to facilitate the completion of work under this partnership.

                              COMMITTEE RECOMMENDS:
1.1.1     That authority be granted to eThekwini Municipality to enter into a second Memorandum
          of Understanding (MOU), to be valid until 31 March 2021, with C40 Cities Climate
          Leadership Group Inc and Deutsche Gesellschaft Fur Internationale Zusammenarbeit
          (GIZ) in order to facilitate continued support for the finalisation of business case, and
          identification of financing options for Sihlanzimvelo Programme and river management.
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                                                                         Council Minutes – 2020-11-13)

1.1.2   That authority be granted to the City Manager to sign a Memorandum
        of Understanding alluded to in .1 above on behalf of the eThekwini Municipality.
        ADOPTED.

1.2     Renewal of Memorandum of Agreement with Inanda, Ntuzuma and KwaMashu National
        Construction Incubator – 2020/21 to 2022/23 (20/1/6/3):
        (Page 6: Economic Development and Planning Committee - Agenda 2020-10-21)

        Authority is being sought for the City Manager to enter into a three-year Memorandum
        of Agreement with Inanda, Ntuzuma and KwaMashu (INK) National Construction
        Incubator and authorise transfer of funds for three years starting from 2020 to 2023
        in terms of Section 67 of the Municipal Finance Management Act of 56 of 2003 in order
        to facilitate and support enterprise development, investment and economic inclusion
        of SMME’s in townships and rural areas.

        Renewal of the program will provide financial support toward the incubation program
        which aims to enhance the capacity of construction SMMEs through the structured
        transfer of business and technical knowledge that leads to sustainable business practices,
        job creation and positive contribution to the City's economy.
                                  COMMITTEE RECOMMENDS:
1.2.1   That authority be granted for the City Manager to enter into a Memorandum
        of Agreement with Inanda, Ntuzuma and KwaMashu (INK) National Construction
        Incubator for a period of three (3) years, 2020/21 to 2022/23 to provide financial support
        towards the incubation programme which aims to enhance the capacity
        of construction SMMEs through the structured transfer of business and technical
        knowledge that leads to sustainable business practices, job creation and positive
        contribution to the City’s economy.

1.2.2   That subject to the approval of .1 above, authority be granted to the Head : Business
        Support, Tourism and Markets to transfer the sum of R3 500 000.00 (Three Million Five
        Hundred Thousand Rand), excl. VAT, in the 2020/21 financial year R3 700 000.00
        (Three Million Seven Hundred Thousand Rand), excl. VAT, in the 2021/22 financial
        year, and R3 800 000 (Three Million Eight Hundred Thousand Rand), excl. VAT,
        in the 2022/23 financial year to the National Construction Incubator for the
        implementation of the INK Construction Incubation Programme in terms of Section 67
        of the Municipal Finance Management Act No. 56 of 2003.

1.2.3   That subject to the approval of .1 and .2 above, the Head: Business Support, Tourism and
        Markets be granted authority to monitor work and report back to the Economic
        Development and Planning Committee in terms of the Memorandum of Agreement and
        Section 67 of the Municipal Finance Management Act No. 56 of 2003.

        Financial Implications:
        A total amount of R11 000 000 (Eleven Million Rand) has been provided over the next three years

        •      Year 1 : R3 500 000.00 (excl VAT) to be provided in 2020/2021 financial year
        •      Year 2 : R3 700 000.00 (excl VAT) to be provided in 2021/2022 financial year
        •      Year 3 : R3 800 000.00 (excl VAT) to be provided in 2022/2023 financial year

        Vote Number : 26540.25445.170.12120.0000.38830.0010       FC NO. 2021/32/01
        ADOPTED.
- 3042 -                    (eThekwini Municipality
                                                              Council Minutes – 2020-11-13)

1.3     Request for Approval: Durban Film Office Production Hub Incentive Programme
        (20/2/1):
        (Page 35: Economic Development and Planning Committee - Agenda 2020-10-21)

        Authority is being sought to establish the Durban Film Office Production Hub Incentive
        Program as part of eThekwini Municipality Film Sector Recovery Plan,
        and to seek approval for the Head: Economic Development to proceed with policy
        development to establish the Durban Film Office Production Hub Incentive Programme.

        The proposed Production Hub Incentive Program is geared towards increasing skills,
        creativity and employment opportunities within the local film industry by attracting
        funded, serialised content to be based in eThekwini Municipality.

        Having noted that once the incentive program is approved, the Durban Film Office will
        work with the eThekwini Municipality’s Legal team, and Treasury to finalise
        the legal and financial process to establish and manage the program,

                            COMMITTEE RECOMMENDS:

1.3.1   That authority be granted for the Head: Economic Development to establish
        the Durban Film Office Production Hub Incentive Programme, which aims
        to increase skills, creativity and employment opportunities within the local film industry
        by attracting funded serialised content to be based within the Municipality, as part of the
        eThekwini Municipality Film Sector Recovery Plan.

1.3.2   That subject to the approval of .1 above, the Head: Economic Development
        be authorised to proceed with the development of the Durban Film Office Production
        Hub Incentive Policy.
        ADOPTED.

1.4     Request for Approval: Durban Film Office Production Development Programme
        (20/2/1):
        (Page 42: Economic Development and Planning Committee - Agenda 2020-10-21)

        Authority is being sought to extend the Durban Film Office development programs and to
        outline plans and seek authority for the next cycle of projects of the Durban form office
        development programs. The Durban Film Office has three development programs
        targeting film makers at different levels in the industry Development Fund grant a
        microbudget grant and festivals and markets support grant.

        The development programs have played a pivotal role in increasing Durban’s market
        share, skills development and attraction of productions of films in eThekwini
        Municipality, and continued support of these programs will play a key role
        in maintaining this project positive trajectory, for the next three years.
                            COMMITTEE RECOMMENDS:
1.4.1   That authority be granted for the Head: Economic Development and Investment
        Promotion to continue supporting the Durban Film Office Development Programs and
        Festivals And Markets support policy for the development, growth,
        and competitiveness of the sector, and to implement the recommended changes set out in
        the report by the City Manager dated 2020-09-09.
- 3043 -                     (eThekwini Municipality
                                                               Council Minutes – 2020-11-13)

1.4.2   That subject to the approval of .1 above, authority be granted to the Durban Film Office
        to increase Micro Budget Films Production grant of R150 000.00
        (One Hundred and Fifty Thousand Rand) per project to R250 000.00 (Two Hundred and
        Fifty Thousand Rand) to align with best practice and ensure market integration and
        penetration and to accommodate budget increase the number of projects supported per
        annum will be reduced from five to three projects.
1.4.3   That subject to the approval of .1 above, authority be granted to the Durban Film Office
        to increase the Festivals and Markets grant of R25 000.00 (Twenty Five Thousand Rand)
        to R30 000.00 (Thirty Thousand Rand) to accommodate increased costs.

1.4.4   That subject to the approval of items .1 .2 and .3 above, authority be granted to the City
        Manager to conclude the necessary contractual agreements with successful applicants for
        the Durban Film Office Development Programs and for festivals and market support.

1.4.5   That subject to the conclusion of processes outlined in item .4 above,
        the Head: Economic Development be duly authorised to disburse funding in accordance
        with the approved contractual agreements.

        Development Programmes:
        FC No. 2021/18/20
         Business Item        Fund    Costing     Project   Region   Expenditure   Financial
         Unit                                                        proposed      Year(s)

         26106     25030.17   12120   0000        63330     0010     R 1,450,000   2020/21

         26106     25030.17   12120   0000        63330     0010     R 1,450,000   2021/22
         26106     25030.17   12120   0000        63330     0010     R 1,450,000   2022/23

        ADOPTED.

1.5     Development of Rural and Township Tourism Interventions (20/1/4/3):
        (Page 49: Economic Development and Planning Committee - Agenda 2020-10-21)
        Authority is being sought for the Economic Development Unit to pursue development
        and enhancement of various tourism opportunities and tourism routes present within the
        various regions of eThekwini Municipality, in collaboration with the Local History
        Museums, Durban Tourism and external stakeholders, with the intention being to build
        on the existing tourism assets in order to enhance the growth of rural and township
        tourism and SMME businesses.

        This will have a positive impact on rural and township economy, and the diversification
        of tourism products along the route will emerge thus supporting the approach of
        community-based tourism, which is an approach aligned to the development of township
        and rural economies.

                              COMMITTEE RECOMMENDS:

1.5.1   That authority be granted to the Deputy City Manager: Economic Development and
        Planning to implement the development and enhancement of tourism opportunities and
        tourism routes within the various regions of the eThekwini Municipality, in collaboration
        with the Local History Museums, Durban Tourism and external stakeholders.
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