MINUTES VIRTUAL SPECIAL COUNCIL MEETING 9 JUNE 2021 - Saldanha Bay Municipality
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MINUTES
OF THE
SALDANHA BAY MUNICIPALITY
VIRTUAL
SPECIAL COUNCIL MEETING
ON
9 JUNE 2021
AT
14:15
1SALDANHA BAY MUNICIPALITY
MINUTES OF A VIRTUAL SPECIAL COUNCIL MEETING HELD ON
WEDNESDAY, 9 JUNE 2021 AT 14:15
PRESENT
Alderman M Koen Executive Mayor
Councillor E Vaughan Executive Deputy Mayor
Alderman O Daniels Speaker
Councillor W America
Councillor N G Girimane
Councillor T Khulu
Councillor J Kotzé
Councillor G Kordom
Alderman A Kruger
Councillor E Mankay
Councillor S Mafenuka
Councillor L Mitchell
Councillor T Rossouw
Councillor M Schaffers
Alderman JF Schippers
Councillor S Scholtz
Councillor M Schrader
Councillor G Siphole
Alderman SJE Steyn
Councillor A Truter
Councillor A Venter
Councillor S Vries
Councillor A Williams
OFFICIALS
H Mettler Municipal Manager
P Mbaliswana Director: Corporate Services & Public Safety
S Vorster Director: Finance
L Volschenk Director: Community & Operational Services
C de Kock Director: Economic Development & Strategic Services
G Smith Director: Infrastructure & Planning Services
J Du Plessis Senior Manager: Electrotechnical Services
T Williams Senior Manager: Financial Operations
M Hermanus Coordinator: Enterprise & Risk Management
Q Jordaan IDP / PMS Administrator
D Smit Manager: Customer Care & Communication
E Lawrence Communication and Public Relations Officer
T Burger Communication Officer
A Meyer Manager: Administrative & Support Services
A van Schalkwyk Committee Officer
2OTHER
Dr Martin Carstens Representative of Kropz Elandsfontein
Mark Maynard Representative of Kropz Elandsfontein
Michelle Lawrence Representative of Kropz Elandsfontein
INDEX
ITEM NR SUBJECT PAGE
R1/6-21 OPENING 4
R2/6-21 OFFICIAL ANNOUNCEMENTS 5
R3/6-21 LEAVE OF ABSENCE 5
R4/6-21 CONFIRMATION OF MINUTES: VIRTUAL COUNCIL MEETING OF 4 MAY 2021 5
AND VIRTUAL SPECIAL COUNCIL MEETINGS 29 APRIL 2021 AND 27 MAY
2021
R5/6-21 DECLARATION OF INTEREST WITH REGARDS TO MATTERS FOR 5
CONSIDERATION IN THIS AGENDA
R5 (a)/6-21 MOTION OF EXIGENCY: DISPLAYING OF POSTERS EIGHT WEEKS BEFORE 5
ELECTION DATE
R6/6-21 APPROVAL OF COMMUNICATION POLICY AND ANNEXURES 6
R7/6-21 APPROVAL OF SBM CUSTOMER CARE STRATEGY 7
R8/6-21 APPROVAL OF THE REVIEWED CORPORATE WEAR POLICY 8
R9/6-21 APPROVAL OF RISK MANAGEMENT POLICY AND RISK MANAGEMENT 9
STRATEGY
R10/6-21 FINANCE: 2021/22 FINANCIAL YEAR: CAPITAL BUDGET: IDENTIFICATION & 9
TRANSFER OF FUNDING ACROSS DIRECTORATES INFRASTRUCTURE
SERVICES AND COMMUNITY & OPERATIONAL SERVICES: SEWERAGE
SUCTION SERVICES 295
R11/6-21 INTEGRATED DEVELOPMENT PLAN (IDP) 4TH REVIEW OF THE 4TH 9
GENERATION IDP: 2021/2022
R12/6-21 REVIEW OF ICT POLICIES 10
R13/6-21 SECTION 116(3): AMENDMENTS OF CONTRACTS: TENDER SBM 46/17/18: 10
PROVISIONING OF TRAFFIC LAW ENFORCEMENT EQUIPMENT, BACK-
OFFICE SYSTEMS AND RELATED SERVICES
R14/6-21 AMENDMENT OF CONTRACT IN TERMS OF SECTION 116(3) OF MFMA: 10
TENDER SBM 17/16 SUPPLY AND CONFIGURATION OF ENTERPRISE
RESOURCE PLANNING / FINANCIAL MANAGEMENT SYSTEM
R15/6-21 SECTION 116(3) OF MFMA: AMENDMENTS OF CONTRACTS: TENDER SBM 11
35/18/19 APPOINTMENT OF CONTRACTORS FOR LABOUR AND
INSTALLATION WORK WITHIN THE ELECTRICAL FIELD OF SALDANHA BAY
MUNICIPALITY FOR A 2-YEAR PERIOD
R16/6-21 SECTION 33 OF THE MFMA – TENDER 22/20/21: APPOINTMENT OF AN 11
EXTERNAL MUNICIPAL VALUER FOR THE COMPILATION AND
MAINTENANCE OF THE VALUATION ROLLS
R17/6-21 SECTION 33 OF MFMA – TENDER 15/20/21: SUPPLY OF BANKING 12
SERVICES TO SBM
REPORTS FROM THE MPAC COMMITTEE MEETINGS HELD ON 25 MAY 2021
(REFER TO MPAC AGENDA AND MINUTES INCLUDED IN VIRTUAL SPECIAL COUNCIL AGENDA
OF 27 MAY 2021 FOR REPORTS)
R18/6-21 MPAC 13/5-21: OVERSIGHT REPORT ON THE TABLED 2019/2020 DRAFT 12
ANNUAL REPORT
R19/6-21 MPAC 14/5-21: IRREGULAR EXPENDITURE: WATER QUALITY MONITORING 13
ADDENDUM 1 – ITEMS:
R20/6-21 ACCESS TO INFORMATION: INTERNAL APPEAL – G RICHARDS 13
3The Speaker, Alderman O Daniels welcomed everyone present especially Dr Martin
Carstens and his team from Kropz Elandsfontein. She informed the meeting that
connectivity problems would be experienced due to the scheduled Eskom Load
shedding and requested everyone’s patience in this regard. She further informed the
meeting that the presentation by Kropz Elandsfontein will be dealt with first where after
the Special Council Meeting would continue.
The presentation was conducted by Mrs Michelle Lawrence and Mr Mark Maynard
representatives from Kropz followed by answering questions raised by Council.
The following was discussed:
• Alderman FJ Schippers urged Council and officials to facilitate any part of the
project with which assistance was required from the municipality;
• Councillor B Mankay requested that a social labour plan be submitted on the
project and stated that she would discuss the other questions directly with the
representatives from Kropz;
• Alderman A Truter stated that the site visit attended by him provided reassurance
that the project was environmentally friendly;
• Councillor S Mafenuka requested feedback on why Hopefield was highlighted as
priority in respect of employment opportunities;
• Councillor G Sipholi referred to the low local labour component and stated that
Councillors were excluded from the recruitment process;
The Speaker, Alderman O Daniels stated that the information related to the recruitment
process was made available to her and that it had been distributed to full Council. She
also stated that Hopefield was given first priority, but that the recruitment process would
include the broader community. She requested that the presentation (attached as
Annexure “A” to the minutes) be made available to Council and that a site visit be
arranged.
Dr Martin Carstens and his team were thanked by the Speaker, Alderman O Daniels and
the Municipal Manager, Mr H Mettler for availing themselves for the presentation. Kropz
was congratulated on the progress made and their commitment to the project.
Alderman O Daniels requested that advertisements/notices regarding the recruitment
process of Kropz be channeled via the ward committee system as well as the Public
Participation Office of the Economic Development and Strategic Services office.
The representatives from Kropz left the meeting virtually and the Special Council
meeting continued at 14:55.
R1/6-21 OPENING
The Chairperson, Alderman O Daniels opened the meeting by welcoming
everyone present. She requested the meeting to keep Councillors S
Mamabolo and C van Nooi in their thoughts and prayers.
4R2/6-21 OFFICIAL ANNOUNCEMENTS
The Municipal Manager, Mr H Mettler informed the meeting that SBM was
assisting Matzikama Municipality with the water crises. SBM’s pumps
were used with redirecting water from the water channels.
Alderman A Kruger announced that a Smart Cleaning Committee meeting
would be held on Monday, 14 June 2021 at 14:00 in the White City
Multipurpose Center, Saldanha. All the Area Engineers, Ward Councillors
and the Waste Management Department would be discussing possible
solutions to curb illegal dumping and the cleanliness of the municipal area.
R3/6-21 LEAVE OF ABSENCE
Councillor S Mamabolo
Councillor C Van Nooi
Councillor T Salman
R4/6-21 CONFIRMATION OF MINUTES: VIRTUAL COUNCIL MEETING OF 4
MAY 2021 AND VIRTUAL SPECIAL COUNCIL MEETINGS 29 APRIL
2021 AND 27 MAY 2021
RESOLVED
That the Minutes of the Virtual Council Meeting of 4 May 2021 and Virtual
Special Council Meetings of 29 April 2021 and 27 May 2021 be confirmed.
R5/6-21 DECLARATION OF INTEREST WITH REGARDS TO MATTERS FOR
CONSIDERATION IN THIS AGENDA
None
R5(a)/6-21 MOTION OF EXIGENCY: DISPLAYING OF POSTERS EIGHT WEEKS
BEFORE ELECTION DATE
(3/2/1/3)
(Report of the Office of the Executive Mayor)
(Alderman A Kruger)
The attached motion of exigency was read by Alderman A Kruger at the
meeting. It was unanimously agreed that the motion, attached as
Annexure “B” to the minutes, may serve.
RESOLVED
i) that the motion of exigency be noted;
5ii) that in terms of Section 23 of the Advertising and Signage By-law,
political parties are allowed to erect their election posters eight (8)
weeks prior the election date;
iii) that it be re-affirmed that political parties be exempted from paying
the applicable advertising deposit; and
iv) that in the event of any political party not removing their election
posters and banners within 14 days after the election, Council will
remove such posters and banners and the responsible party will
pay for the costs.
R6/6-21 APPROVAL OF COMMUNICATION POLICY AND ANNEXURES
(10/4/B)
(Report of the Office of the Municipal Manager)
(E Lawrence)
The Executive Mayor, Alderman M Koen stated that the policy did not
include a provision that the Mayor and the Municipal Manager had to be
consulted and sign off on all communication. Councillor A Venter
proposed that an additional point iii) & iv) be added to the
recommendations indicating that all communication and press statements
had to be forwarded to ward Councillors prior to publication in the public
domain in order to be informed and prepared to respond to questions from
the community. He also requested that ward councillors be informed when
any tender process commenced within a ward. Councillor B Mankay stated
that she supported Councillor A Venter’s comment, but that all councillors
should be notified instead of restricting communication to the ward
councillors.
The Municipal Manager, Mr. H Mettler highlighted the fact that councillors
may not be involved in any aspect of supply chain processes and
cautioned Council in this respect.
Councillor B Mankay requested a point of order via the Speaker stating
that all Councillors were aware that they were not supposed to be involved
in supply chain processes. The Speaker, Alderman O Daniels responded
by stating the Municipal Manager’s comment related to the earlier request
of Councillor A Venter and was not related to her statement.
Mr. H Mettler continued by informing the meeting that care should be taken
with any communication to Councillors regarding supply chain processes.
He also informed Council of a specific incident relating to an error with the
publication of a notice in the Weslander by one of SBM’s service providers.
He stated that this was an unfortunate error, but an effort had been made
to rectify the error.
An opportunity was given for Councillor J Kotzé to speak, but he initially
inaudible. Once audible he stated that paragraph 5.2 of the Social Media
6Policy was an attempt to silence politicians and prevent them from
criticizing the ruling party. He referred to the Mayor’s recent video clip on
social media and stated that Council’s resources were being abused by
the Mayor. The Executive Mayor, Alderman M Koen requested a point of
order via the Speaker. He responded by stating that the platform on which
the video was published was created for the Office of the Mayor.
The Speaker, Alderman O Daniels clarified the reference to paragraph 5.2
of the Social Media Policy by stating this referred to a Councillor in his/her
personal capacity.
Councillor T Khulu’s voice was initially inaudible. The latter part of his
comment was audible which related to the request that press statements
be made available to all Councillors and not only the relevant Councillors
as initially discussed.
RESOLVED
i) that the report, Communication Policy and Annexure A, B and C to
the report be noted by Council; and
ii) that the Communication Policy, Communication Action Plan, Crisis
Communication Procedure and Social Media Policy be adopted and
implemented;
iii) that Councillors be informed in respect of all decisions that that may
impact on the community in order to enhance communication;
iv) that all press statements be made available to all Councillors prior
to the issuing thereof;
v) that the Executive Mayor be consulted on all communication prior to
publication in the public domain.
R7/6-21 APPROVAL OF SBM CUSTOMER CARE STRATEGY
(4/1/3/1)
(Report of the Office of the Municipal Manager)
(F Smit)
Alderman A Kruger proposed that the oversight of the Customer Care
Strategy be centralised in the office of the Municipal Manager. He further
stated that aspects of SALGA’s version of a municipal service charter
could be incorporated in future.
The Executive Mayor, Alderman M Koen requested that regular feedback
be given to Council via the Portfolio Committee meetings regarding the
monitoring of the service charter.
7Councillor A Venter reiterated the Mayor’s request for regular feedback
and highlighted the importance of feedback on any deviation from the
standards.
Councillor J Kotzé stated that he submitted formal communication to SBM
months ago on which no feedback had been received.
RESOLVED
i) that the report be noted;
ii) that the Customer Care Strategy be approved;
iii) that the oversight of the Customer Care Strategy be centralized in
the Office of the Municipal Manager;
iv) that the Municipal Manager provide feedback to the Portfolio
Committee on the implementation of the Customer Care Strategy
and that it includes deviations from the standards.
R8/6-21 APPROVAL OF THE REVIEWED CORPORATE WEAR POLICY
(4/3/3)
(Report of the Office of the Municipal Manager)
(F Smit)
Alderman A Kruger proposed that the oversight of the Customer Care
Strategy be centralised at the office of the Municipal Manager.
RESOLVED
i) that the report and reviewed policy be noted;
ii) that main colors nautical navy and white remain;
iii) that additional colors, grey, light blue, emerald and mint green be
incorporated for blouses, shirts, jerseys and cardigans;
iv) that an increase of allowance be considered in the 2022/2023
financial year;
v) that identified frontline staff who receive a corporate wear allowance
and do not wear the uniform / corporate wear during office hours,
will automatically forfeit the allowance;
vi) that the Directors ensure that funds be made available;
vii) that proof of payment be submitted to the Office of the respective
Director;
viii) that the reviewed Corporate Wear Policy be accepted and
implemented;
8ix) that the oversight of the implementation of the Corporate Wear
Policy be centralised in the Office of the Municipal Manager.
R9/6-21 APPROVAL OF RISK MANAGEMENT POLICY AND RISK
MANAGEMENT STRATEGY
(Report of the Directorate Economic Development & Strategic Services)
(M Hermanus)
RESOLVED
i) that the report be noted;
ii) that the Risk Management Policy and Risk Management Strategy,
attached as Annexure A and Annexure B to the report, be
approved.
R10/6-21 FINANCE: 2021/22 FINANCIAL YEAR: CAPITAL BUDGET:
IDENTIFICATION & TRANSFER OF FUNDING ACROSS
DIRECTORATES INFRASTRUCTURE SERVICES AND COMMUNITY &
OPERATIONAL SERVICES: SEWERAGE SUCTION SERVICES 295
This item was withdrawn from the Agenda.
R11/6-21 INTEGRATED DEVELOPMENT PLAN (IDP) 4TH REVIEW OF THE 4TH
GENERATION IDP: 2021/2022
(5/8/1/6 & 12/1/1/6)
(Report of the Directorate Economic Development & Strategic Services)
(QR Jordaan)
The Whip of SIA, Councillor J Kotzé raised his concern in respect of the
proposed lost cost housing development for Langebaan. He requested that
his vote be tabled against the recommendation.
The Whip of the ANC, Councillor B Mankay informed the meeting that the
ANC did not support the recommendation and was voting against the IDP.
The Speaker, Alderman O Daniels explained that the IDP had to be
reviewed to include the recommendations received from the Western Cape
Department of Environmental Affairs and Development Planning.
The Speaker, Alderman O Daniels requested that it be noted that the ANC
and SIA did not support the recommendation.
RESOLVED
i) that the report be noted;
ii) that the draft amended 2021/2022 IDP and 2021 Spatial
Development Framework, as part of the Amended IDP, be adopted
9by Council, subject to 21 days for public comment during June 2021
and final approval in July 2021.
R12/6-21 REVIEW OF ICT POLICIES
(5/1/R)
(Report of the Directorate Economic Development & Strategic Services)
(C de Kock)
RESOLVED
i) that the following policies be approved by Council:
a) ICT Security Policy
b) ICT Disaster Recovery Policy
c) ICT Data Backup and Recovery Policy
d) ICT Operating System Policy
e) ICT Change Management Policy
f) ICT User Management Policy
ii) that Council approve the ICT Strategy.
R13/6-21 SECTION 116(3): AMENDMENTS OF CONTRACTS: TENDER SBM
46/17/18: PROVISIONING OF TRAFFIC LAW ENFORCEMENT
EQUIPMENT, BACK-OFFICE SYSTEMS AND RELATED SERVICES
(Report of the Directorate Corporate Services & Public Safety)
(M Jacobs)
RESOLVED
i) that the report be noted;
ii) that approval be given to extend the contract as per section 116(3);
iii) that the contract be extended on a month-to-month basis, until date
of award for the new service provider for no longer than 12 months
until 30 June 2022;
iv) that Council authorizes the Municipal Manager to proceed with the
extension of the contract if no representations were received;
v) that a follow-up report to Council be submitted if representations are
received for consideration before that contract is extended.
R14/6-21 AMENDMENT OF CONTRACT IN TERMS OF SECTION 116(3) OF
MFMA: TENDER SBM 17/16 SUPPLY AND CONFIGURATION OF
ENTERPRISE RESOURCE PLANNING / FINANCIAL MANAGEMENT
SYSTEM
(8/2-2016/9)
(Report of the Directorate Economic Development & Strategic Services)
(C de Kock)
10RESOLVED
i) that the content of the report be noted;
ii) that approval be granted for the extension of tender SBM17/16
supply and configuration of an enterprise resource planning /
financial management system;
iii) that the extended services (for hosting of the SBM website) be
added as an Addendum to the current Munsoft SLA;
iv) that Council authorizes the Municipal Manager to proceed with the
extension of the contract if no representations were received;
v) that a follow-up report to Council be submitted if representations are
received for consideration before that contract is extended.
R15/6-21 SECTION 116(3) OF MFMA: AMENDMENTS OF CONTRACTS: TENDER
SBM 35/18/19 APPOINTMENT OF CONTRACTORS FOR LABOUR AND
INSTALLATION WORK WITHIN THE ELECTRICAL FIELD OF
SALDANHA BAY MUNICIPALITY FOR A 2-YEAR PERIOD
(8/2-2019/9)
(Report of the Directorate Infrastructure & Planning Services)
(C du Preez)
RESOLVED
i) that the report be noted;
ii) that approval be granted for the extension of tender SBM 35/18/19
appointment of contractors for labour and installation work within the
electrical field of Saldanha Bay Municipality;
iii) that the contract be extended on a month-to-month basis, until date
of new tender contract award for the new service provider;
iv) that Council authorizes the Municipal Manager to proceed with the
extension of the contract if no representations were received;
v) that a follow-up report to Council be submitted if representations are
received for consideration before that contract is extended.
R16/6-21 SECTION 33 OF THE MFMA – TENDER 22/20/21: APPOINTMENT OF
AN EXTERNAL MUNICIPAL VALUER FOR THE COMPILATION AND
MAINTENANCE OF THE VALUATION ROLLS
(5/3/2)
(Report of the Directorate Finance Services)
(T Williams)
RESOLVED
11i) that the contents of the report be noted;
ii) that Council acknowledges that the municipality will secure a
significant financial economic benefit from the contract;
iii) that Council approves the entire contract, SBM 22/20/21
Compilation and maintenance of the valuation rolls for the financial
years 1 July 2022 to 30 June 2026 exactly as it is to be executed;
and
iv) that Council authorizes the Municipal Manager to sign the contract
on behalf of the municipality.
R17/6-21 SECTION 33 OF MFMA – TENDER 15/20/21: SUPPLY OF BANKING
SERVICES TO SBM
(5/19/5)
(Report of the Directorate Finance Services)
(T Williams)
RESOLVED
i) that the contents of the report be noted;
ii) that Council acknowledges that the municipality will secure a
significant financial economic benefit from the contract;
iii) that Council approves the entire contract, Tender 15/20/21: The
Supply of Banking Services to Saldanha Bay Municipality for the
period 01 July 2021 to 30 June 2026 exactly as it is to be executed;
and
iv) that Council authorizes the Municipal Manager to sign the contract
on behalf of the municipality.
REPORT OF THE MPAC METING HELD ON 25 MAY 2021
The MPAC Agenda and Minutes of the meeting dated 25 May 2021 related to the
recommendations below, are attached hereto:
R18/6-21 MPAC 13/5-21: OVERSIGHT REPORT ON THE TABLED 2019/2020
DRAFT ANNUAL REPORT
(9/1/1-2019/2020)
(Report of the Directorate Economic Development & Strategic Services)
(QR Jordaan)
RESOLVED
i) that the report from the Audit Committee as included as Annexure
“B” to the report, be noted and that it be noted that this report has
also been included as Annexure “C” to the draft 18/19 Annual report
as published on 01 April 2021 for comment;
12ii) that the oversight report on the draft 2019/20 Annual Report as well
as the final Annual Report (taking the amendments/comments
referred to in i) – v) above be adopted and approved by Council
without reservations;
iii) that the oversight report be made public by the Municipal Manager
in accordance with section 129(3) of the Local Government
Municipal Finance Management Act of 2003;
iv) that the corrective action that will be implemented as reflected in the
Audit findings (Annexure “C” to the report), be noted;
v) that the oversight report and the 2019/20 Annual Report be
submitted to the provincial legislature by the Municipal Manager in
accordance with section 132(2) of the Local Government Municipal
Finance Management Act of 2003.
R19/6-21 MPAC 14/5-21: IRREGULAR EXPENDITURE: WATER QUALITY
MONITORING
(8/2-2013/52)
(Report of the Directorate Infrastructure & Planning Services)
(Q Williams)
RESOLVED
i) that the report be noted;
ii) that it be noted that the irregular expenditure was caused by the
technicalities surrounding the adjudication of the new tender;
iii) that irregular expenditure was not caused by negligence on the part
of any employees involved;
iv) that it be noted that an essential service was rendered to the
Municipality in order to comply with the legislative requirements of
the National Water Act; to ensure the safety of drinking water and to
ensure operational efficiency of the WWTW;
v) that Council consider the writing off the irregular expenditure
amounting to R206 126 (incl. VAT) in terms of section 32(2)(b) of
the MFMA;
vi) that the MEC of local government and the Auditor General be
informed in writing of the irregular expenditure as required by the
MFMA section 32(4).
R20/6-21 ACCESS TO INFORMATION: INTERNAL APPEAL – G RICHARDS
(1/1/1/10)
(Report of the Directorate Corporate Services & Public Safety)
(A Meyer)
13RESOLVED
That Council condones the appointment of Advocate Nic de Jager from the
Cape Bar Society of Advocates as external party who is independent and
knowledgeable regarding the appeal process.
The meeting adjourned at 15:40.
Confirmed.
____________________________ _________________
SPEAKER DATE
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