SPECIAL MAYORAL COMMITTEE MEETING - Date: 18 AUGUST 2021 Time: 9h00 - Bitou Municipality

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SPECIAL MAYORAL COMMITTEE MEETING - Date: 18 AUGUST 2021 Time: 9h00 - Bitou Municipality
Bitou Local Municipality
           Bitou Plaaslike Munisipaliteit
               Umasipala WeBitou

   SPECIAL MAYORAL
      COMMITTEE
       MEETING
Venue: Council Chambers, Municipal Offices,
       Sewell Street, Plettenberg Bay

   Date: 18 AUGUST 2021
                Time: 9h00
BITOU LOCAL MUNICIPALITY
                                                                    16 August 2021

Members of the Mayoral Committee
Acting Municipal Manager and Directors

SPECIAL MAYORAL COMMITTEE MEETING: WEDNESDAY, 18 AUGUST
2021 AT 09h00

NOTICE is hereby given that a Special Mayoral Committee Meeting will be held in the
Council Chamber, Municipal Offices, Sewell Street, Plettenberg Bay on
WEDNESDAY, 18 AUGUST 2021 AT 09h00, to consider the business set forth in the
Agenda.

Yours faithfully

pp.
S E GCABAYI
Executive Mayor (Acting)

Constitution of the Mayoral Committee:

The Acting Executive Mayor, Councillor S E Gcabayi
Member of the Mayoral Committee, Councillor MM Mbali
Member of the Mayoral Committee, Councillor L M Seyisi
Bitou Local Municipality

                Special Mayoral Committee Agenda
                                    18 August 2021

                              Order of Business

1.   OPENING

2.   ATTENDANCE

     The Attendance registers will be circulated at the meeting.

3.   APPLICATION FOR LEAVE OF ABSENCE

     Application for leave of absence, if necessary, will be considered.

4.   CONFIRMATION OF MINUTES

     No Minutes for consideration

5.   COMMUNICATION BY THE ACTING EXECUTIVE MAYOR

6.   PRESENTATION

     None

7.   CONSIDERATION OF REPORTS (OPEN)

     Section 1: Office of the Municipal Manager

     No Items for consideration

     Section 2: Directorate Financial Services

     Schedule of Items attached
Order of Business: Special Mayoral Committee Meeting:            18 August 2021

      Section 3: Directorate Corporate Services

      No Items for consideration

      Section 4: Directorate Community Services

      No Items for consideration

      Section 5: Directorate Engineering Services

      No Items for consideration

      Section 6: Directorate Economic Development and Planning

      Schedule of Item attached

8.    IN – COMMITTEE ITEMS

      No In-Committee Items for consideration

9.    CLOSURE
7. CONSIDERATION OF
 REPORTS
PORTFOLIO INDEX
                                     CONSIDERATION OF REPORTS

                         SPECIAL MAYORAL COMMITTEE MEETING (OPEN)

                                          18 AUGUST 2021

                         SECTION 1: OFFICE OF THE MUNICIPAL MANAGER

   ITEM NO                             SUBJECT                      FILE REF   PAGE NO

                               No Items for consideration

                                         SECTION 2: FINANCE

   ITEM NO                             SUBJECT                      FILE REF   PAGE NO

                PROVINCIAL TREASURY REVIEW AND FEEDBACK: FINAL
M/2/248/08/21
                BUDGETS - 2021/22
                                                                     9/1/3/4   8-17
                SPECIAL ADJUSTMENT BUDGET FOR 2021/22 IN TERMS OF
C/2/249/08/21   SECTION 28(C) OF THE MUNICIPAL FINANCE MANAGEMENT    5/15/6    18-21
                ACT 56 OF 2003 (MFMA)
                                SECTION 3: CORPORATE SERVICES

   ITEM NO                             SUBJECT                      FILE REF   PAGE NO

                               No Items for consideration

                                SECTION 4: COMMUNITY SERVICES

   ITEM NO                             SUBJECT                      FILE REF   PAGE NO

                               No Items for consideration

                                SECTION 5: ENGINEERING SERVICES

   ITEM NO                             SUBJECT                      FILE REF   PAGE NO

                               No Items for consideration

                        SECTION 6: ECONOMIC DEVELOPMENT & PLANNING

   ITEM NO                             SUBJECT                      FILE REF   PAGE NO

C/6/141/08/21   AIRPORT: STATUS QUO AND WAY FORWARD                  17/12/2   23-24
SECTION 2
 FINANCE
Section 2: Finance

 ITEM M/2/248/08/21

 PROVINCIAL TREASURY REVIEW AND FEEDBACK: FINAL BUDGETS -
 2021/22
Directorate:         Finance                             Demarcation: All Wards
File Ref:            9/1/3/4                             Delegation: MayCo

Attachment:          Annexure “A” – Provincial Treasury Review and Feedback:
                     Final Budgets - 2021/22

Report from:         CFO- Budget Office

Date:                16 August 2021

PURPOSE OF THE REPORT

The purpose of the report is to present the review and feedback performed by Provincial
Treasury on 2021/22 Annual budget for noting.

BACKGROUND/DISCUSSION

In the council that was held on the 08 June 2021, the budget was presented and approved
by the council. The final budget that was approved was inclusive of the Provincial and
National Treasury inputs as mandated by MFMA, to provide submission and these
submission must be considered by the municipality.

MFMA Section 24 (3) states that, the accounting officer of a municipality must submit
the approved annual budget to the National Treasury (NT) and the relevant provincial
treasury (PT). The budget was submitted to both NT and PT.

The review of the final budgets of municipalities are mainly conducted to ensure the
comments of the WCG have been taken into account, and was tabled in council by the
mayor as required by the MFMA. The review focuses on key main areas and the
feedback on the final budget is provided under each of main areas.

In a letter to the Minister of Local Government and Environmental Affairs, Mr Anton
Bredell, dated 27 July 2021, the Executive Mayor confirmed that the 2021/22 budget and
IDP was approved at a council meeting on 8 June 2021. The documents that served
before council that day was submitted to Provincial Treasury on 22 June 2021 and will
form the basis of this assessment.

Provincial Treasury’s assessment on the 2021/22 final budget was received. The
approved 2020/21 MTREF budget is funded in accordance with section 18 of the MFMA,
from realistically anticipated revenues to be collected; cash-backed accumulated funds
from previous years’ surpluses not committed for other purposes; borrowed long term
funds, for the capital budget; and short-term funds for operational budget.

                                                                                          8
Section 2: Finance

LEGAL REQUIREMENTS

MFMA section 62

FINANCIAL IMPLICATIONS

N/A

RECOMMENDED BY MUNICIPAL MANAGER

That that Mayoral Committee take note of the report.

                                                       9
Annexure "A"

                                                                                                  Mr K Roman
                                                                             Local Government Budget Office
                                                                   E-mail: Keith.Roman@westerncape.gov.za
                                                                                        Tel: +27 021 483-5434

                                                                                              Private Bag X9165
Reference number: PTR 13/5/2/25
                                                                                              CAPE TOWN
                                                                                              8000

The Municipal Manager
Bitou Municipality
Private Bag X1002
PLETTENBERG BAY
6600

For attention: Adv. L Ngoqo

PROVINCIAL TREASURY REVIEW AND FEEDBACK: FINAL BUDGETS - 2021/22

1.     INTRODUCTION

       a) Section 5(3) of the Municipal Finance Management Act (Act 56 of 2003) (MFMA) requires
          Provincial Treasury (PT) to fulfil its monitoring role over the financial affairs of municipalities and to
          promote the objectives as encapsulated in section 5(2) of the Act. In this regard a provincial
          treasury must monitor the preparation by municipalities in the province of their budgets.

       b) When preparing the annual budget, the mayor of a municipality must consult the relevant
          provincial treasury, and when requested, the National Treasury (NT) and any national or
          provincial organs of state, as may be prescribed.

       c) During April/May of this year, the Western Cape Government (WCG) conducted the Strategic
          Integrated Municipal Engagements (SIME/LGMTEC) engagements with the municipalities in the
          Province during which our comments on the tabled 2021/22 MTEF budget and associated
          documents were presented to yourself and the management team of the Municipality.

       d) The municipal council is obliged to consider any views of the local community; National Treasury,
          the relevant provincial treasury and any provincial or national organs of state or municipalities
          which made submissions on the budget.

       e) The feedback on the final budget of the Municipality is intended to facilitate and close the
          SIME process.

                                               www.westerncape.gov.za                                            1
                                Provincial Treasury | Local Government Budget Office                     10
2.      STRUCTURE OF THE REVIEW AND FEEDBACK

        The review of the final budgets of municipalities are mainly conducted to ensure the comments of
        the WCG have been taken into account, and was tabled in council by the mayor as required by
        the MFMA. The review focuses on key main areas and the feedback on the final budget is provided
        under each of these main areas.

        In a letter to the Minister of Local Government and Environmental Affairs, Mr Anton Bredell, dated
        27 July 2021, the Executive Mayor confirmed that the 2021/22 budget and IDP was approved at a
        council meeting on 8 June 2021. The documents that served before council that day was submitted
        to Provincial Treasury on 22 June 2021 and will form the basis of this assessment.

2.1     Conformance

        The conformance assessment highlights compliance by the Bitou Municipality with the MFMA and
        Municipal Budgeting and Reporting Regulations (MBRR) as follows:

          Compliance                                                                                                                                         Yes/No
          The final budget was considered for approval by Council at least 30 days before the start                                                            Yes
          of the budget year and subsequently approved before the start of the budget year in
          accordance with sections 16 and 24 of the MFMA. The Municipality approved the final
          budget on 8 June 2021.
          All the relevant A-Schedules and supporting schedules were fully completed.                                                                          Yes
          The approved budget and supporting documents were placed on the municipal website                                                                    Yes
          in accordance with section 75 of the MFMA.
          The Municipality adopted all of its policies in council.                                                                                             Yes
          The Municipality submitted its budget schedule in the required mSCOA format version 6.5.                                                             Yes

        a) The data strings submission status for the Municipality as at 31 May 2021 is as follows:

        Financial Year 2019              2020                                                                   2021
        Financial Data RAUD      PAUD      AUDA     ORGB    PROR     ADJB     PRAD     M01     M02     M03     M04     M05     M06     M07     M08     M09     M10     M11
        Bitou                G     G            G     G        Y        G        Y       G       G       G       G       G       G       G       G       G       G       G

                                  BMQ1      BMQ2     BMQ3     IMQ1     IMQ2     IMQ3    CR01    CR02    CR03    CR04    CR05    CR06    CR07    CR08    CR09    CR10    CR10
        Non-Financial Data
                                                                                         G       G       G       G       G       G       G       G       G       G       G

                                                                                        DB01    DB02    DB03    DB04    DB05    DB06    DB07    DB08    DB09    DB10    DB10
        Bitou                      G            G     G        G        G        O
                                                                                         G       G       G       G       G       G       G       G       G       G       G

        Source: NT LG Database May 2021

        The mSCOA data string compliance indicates that the Municipality submitted all the financial and
        non-financial data strings for the period to-date. The Municipality however submitted the 2021 PROR
        and PRAD with Stage 2 errors, as well as 2021 IMQ3 submitted with Stage 1 errors.

2.2     Economic Sustainability

2.2.1   Responsiveness

        a) A comparison of the strategic allocations in the tabled and approved operational budget, as
           per support schedule SA5, indicates that the priorities remain largely unchanged. Some minor
           increases and reductions in the allocations to the strategic objectives were noted, despite an
           overall reduction to the operational budget.

SIME FINAL BUDGET ASSESSMENT 2021/22: BITOU MUNICIPALITY                                                                                                                     2
                                                                                                                                                                11
The biggest priority in the operating budget is basic services as underlined by the strategic
               objective “Universal access to decent quality of services” and constitutes 54.6 per cent of the
               total operational expenditure, which were allocated an additional R19.623 million with the
               approved budget. The second highest priority “Eradicate poverty and uplift previously
               disadvantage communities, promote social cohesion” was conversely reduced by
               R25.796 million whereas the third highest priority, “Build a capable corruption-fee administration
               that is able to deliver on the developmental mandate” was allocated an additional
               R4.518 million.

               The Municipality did not complete support schedule SA6 (strategic capital budget allocations)
               in the tabled budget. The schedule was however completed in the approved budget. The
               completed support schedule SA6 reflects the same priorities as in the operational budget with
               “Universal access to decent quality of services” constituting 86.5 per cent of the capital budget.
               The other two strategic objectives, “Eradicate poverty and uplift previously disadvantaged
               communities, promote social cohesion” and “Build a capable, corruption-free administration
               that is able to deliver on developmental mandate” represent 8.1 per cent and 5.2 per cent
               respectively of the capital expenditure. The changes between the tabled and final operating
               and capital budgets enhances the responsiveness and allocative efficiency of the budget by
               addressing quality of life, employment, economic growth and environmental and planning
               issues. I

        b) It is noted that budget schedule SA9, which is used for social, economic and demographic
           statistics and assumptions, as well as budget schedule A10 which outlines basic service
           estimations, has not been completed in the adopted budget. These serve as an important point
           of reference which links the budget to the strategic plan represented by the Integrated
           Development Plan.

        c) Provincial Treasury received the Service Delivery and Budget Implementation plan (SDBIP) on
           16 July 2021 after it has been approved by the Mayor on 6 July 2021. Provincial Treasury will assess
           the approved SDBIP and will provide feedback to the Municipality shortly.

2.3     Financial Sustainability

2.3.1   Revenue and Expenditure Management

        Table 1                Summary of the 2021/22 Approved Budget
                                                                                                                      TABLED 2021/22 Medium Term Revenue            ADOPTED 2021/22 Medium Term
        Description                                 2017/18      2018/19      2019/20      Current Year 2020/21
                                                                                                                            & Expenditure Framework                Revenue & Expenditure Framework
                                                    Audited      Audited      Audited      Original     Adjusted      Budget Year Budget Year Budget Year Budget Year Budget Year Budget Year
        R thousands
                                                    Outcome      Outcome      Outcome      Budget       Budget          2021/22      +1 2022/23     +2 2023/24     2021/22      +1 2022/23     +2 2023/24
        Total Operating Revenue                       616 145      714 103      663 945      757 406      755 076         789 057       877 392        955 717       785 441       870 265        947 522

        Total Operating Expenditure                   608 710      800 577      649 042      755 626      753 603         782 560       851 402        928 447       720 763       785 665        858 788
        Surplus/(Deficit)                               7 435      (86 475)      14 903        1 780         1 473          6 497        25 990         27 270        64 679        84 600         88 734
        Surplus/(Deficit) after capital transfers      62 842       25 526       41 140       32 381       35 019          54 388        73 984         40 605       112 569       132 593        123 081

        Surplus/(Deficit) for the year                 62 842       25 526       41 140       32 381       35 019          54 388        73 984         40 605       112 569       132 593        123 081
        Capital expenditure & funds sources
        Capital expenditure                           117 360       83 321       51 982       73 578       84 763          83 509        79 770         42 751        90 316        80 022         43 291
          Transfers recognised - capital               30 179       51 125       22 575       27 432       28 781          44 317        38 773         25 461        44 817        38 773         25 461
          Borrow ing                                    8 508           –            –            –        11 805              –             –              –            –              –              –
          Internally generated funds                   23 113       41 616       29 406       46 146       44 177          39 192        40 997         17 290        45 499        41 249         17 830
        Total sources of capital funds                 61 800       92 741       51 982       73 578       84 763          83 509        79 770         42 751        90 316        80 022         43 291
        Cash/cash equivalents at the year end            967       177 701       96 375       31 553       40 276          19 462        27 263         68 121       163 017       213 167        261 220
        Cash back reconciliation(surplus/deficit)    (227 271)    (289 988)    (414 879)    (261 662)     (243 467)      (313 022)      (323 480)      (371 488)    (297 409)      (303 672)      (318 812)

        Source: Bitou Municipality: A1- Data strings - 2021/22 MTREF Adopted Budget

SIME FINAL BUDGET ASSESSMENT 2021/22: BITOU MUNICIPALITY                                                                                                                                               3
                                                                                                                                                                                        12
a) The approved 2020/21 MTREF budget is funded in accordance with section 18 of the MFMA, from
           realistically anticipated revenues to be collected; cash-backed accumulated funds from
           previous years’ surpluses not committed for other purposes; borrowed long term funds, for the
           capital budget; and short-term funds for operational budget.

        b) The budget provides for R785.44 million operating revenue, R720.76 million operating
           expenditures whilst the capital budget of R90.32 million will be funded from internally generated
           funds amounting to R45.50 million and R44.82 million from grants.

        c) The Municipality is commended for adopting an operating surplus budget over the
           2021/22 MTREF period. The operating surplus in the final 2021/22 MTREF budget increased
           substantially by R58.18 million in 2021/22 from the tabled budget in March 2021. For the outer
           years the Municipality adopted operating surplus budgets of R84.60 million and R88.73 million for
           2022/23 and 2023/24 respectively.

        d) While the revenue sources remain under strain, the Municipality revised most of the tariff
           increases for services to be within the headline CPI of 3 to 6 per cent as well as according to the
           recommended guide per MFMA Circular No. 108. The following changes were noted in the
           adopted 2021/22 MTREF budget when compared to the tabled budget:

                The proposed electricity tariff remained unchanged and is aligned with the NERSA tariff
                guideline of 14.6 per cent.

                Property rates tariffs remains the same at 4.1 per cent in the adopted budget.

                Water and Sewerage charges remains at 4.1 per cent in the adopted budget.

                Refuse services tariff increase remained unchanged at 4.1 per cent as per the tabled.

                Employee related cost changed to 4.5 per cent in the adopted budget from the 6.4 per cent
                in the tabled budget.

        e) Marginal amendments are noted from the draft to the final budget revenue budget of
           R3.62 million, mainly due to a decrease projected in electricity services chargers of R6.10 million.

        f)   Concern is raised as the Municipality projects a collection rate of 85 per cent over the
             2021/22 MTREF budget which is below the NT norm of 95 per cent and will have a negative
             impact on the municipalities cashflow. Taking into consideration that the National and Provincial
             grants will decrease over the MTREF, Bitou Municipality should ensure that it collects the projected
             85 per cent from the municipal services and other revenue streams as well as strive towards
             meeting the National Treasury norm collection rate of 95 per cent in the future.

        g) A significant decline in operating expenditure is projected for the 2021/22 financial year from the
           tabled budget mainly due to major decrease of R55 million for debt impairment. The Municipality
           is commended for taking the LGMTEC comments into account however these projections are
           still not considered to be realistic, as it does not align with past audit outcomes and not
           accounting for the low collection rates anticipated by the Municipality which is further
           exacerbated by the economic effects ensuing the COVID-19 pandemic. The Municipality should
           monitor collection rates during the year and make the necessary adjustments during the
           mid-year.

SIME FINAL BUDGET ASSESSMENT 2021/22: BITOU MUNICIPALITY                                                      4
                                                                                                       13
h) Employee related costs projections for the 2021/22 financial year are based on 4.51 per cent
           salary increase, which is the 3 per cent as proposed by SALGA and 1.5 per cent increase for
           medical aid. It is projected to decrease by R8.57 million or 3 per cent from the March 2021 tabled
           budget however still comprises 38.2 per cent of the adopted 2021 budget. Thus, the Municipality
           is reminded to ensure that compensation demands are balanced with the broader needs of the
           community and curb against runaway expenditure as the wage bill is bordering on the upper
           limit of the 25 - 40 per cent National norm. The Municipality continues to be encouraged to
           monitor employee related costs closely to ensure the expenditure item is within the affordable
           limits as increases should correspond with adequate revenue provisions as to not adversely
           impact the financial health of the Municipality.

        i)   The adopted capital budget increased to R90.32 million from R83.51 million per the March 2021
             tabled budget. The revision was mainly due to capital projects relating to Trading Services
             increasing by R4.94 million, community and public safety increasing by R1.60 million and an
             increase of R6.31 million for internally generated funds. Furthermore, the Municipality is
             commended for aligning the data strings for capital expenditure to capital funding sources.

        j)   The Municipality has projected not to take up any new borrowings over the 2021/22 MTREF and
             is reliant on own funding to the proportion of 50.4 per cent and grants of 49.6 per cent to fund
             the capital program.

        k) The National and Provincial fiscus remains under pressure given the COVID-19 third wave the
           country entered in June 2021. Effective implementation of the budget and continuous
           implementation of the cost containment regulation is required to manage vulnerability to any
           further fluctuations in the economy. The maximum benefit of grants must further be derived by
           implementing these funds within the required timeframes.

2.3.2   Cash and Liabilities Management

        After assessing the cash and liabilities of the final annual budget, Provincial Treasury would hereby
        wish to draw the Municipality’s attention to the following:

        a) The current ratios of 1.65:1 (2021/22), 1.35:1 (2022/23) and 1.75:1 (2023/24) indicates that the
           liquidity of the Municipality increases over the MTREF period. The ratio is above the NT acceptable
           norm of 1.5 to 2:1.

        b) The liquidity ratios of 0.86:1 (2021/22), 0.72:1(2022/23) and 1.02:1 (2023/24) are below the
           NT acceptable norm of 1:1, indicating that the Municipality may not have adequate cash/cash
           equivalents to settle its short-term debts over the MTREF period.

        c) The current and liquidity ratios outcomes are based on the data string’s budget tables, as
           submitted to NT (NT LG Database).

        d) The Municipality does not intend to take up borrowings over the MTREF. The Municipality still has
           the capacity to increase funding from borrowings, however, this should be considered within the
           cash flow requirements. The anticipated debt ratio (total borrowings to total operating revenue)
           is within the NT norm of below 45 per cent.

        e) The Municipality reported positive closing cash/cash equivalents balances and anticipate
           decreases over the MTREF.

SIME FINAL BUDGET ASSESSMENT 2021/22: BITOU MUNICIPALITY                                                   5
                                                                                                    14
f)   With the COVID-19 pandemic, it is recommended that Municipality adopts an active cash
             management approach in order to maintain sound liquidity for sustainable service delivery.

2.4     Budget Verification

        National Treasury annually publishes all approved municipal budgets on its website. Before publishing
        the budgets, NT verifies the correctness of the information submitted by municipalities by comparing
        the following sources of information, namely:

        a) Hard and electronic copies of the approved A-Schedules and B-Schedules.

        b) Database generated A and B-Schedules based on submitted ORGB, PROR, ADJB and
           PRAD data strings respectively.

        c) The Municipality is also reminded of MFMA Circular No. 93 which indicates that from 2019/20
           financial year onwards, municipalities will no longer be required to continue with the use of the
           Budget Reform Returns to upload budget and monthly expenditure to the NT Local Government
           Database for publication purposes. National Treasury will use only the mSCOA data strings
           required for submission as prescribed and all publications will use the data collected from the
           mSCOA data strings. This places the responsibility on the Municipality to ensure that budgets are
           accurately locked into the financial system; each transaction is accurately recorded on a daily
           base; data collected from sub-systems is accurately represented in the General Ledger (GL); at
           the end of the reporting period, all reconciliations are done, sub-systems are in balance and the
           Municipal Manager and CFO agrees with the figures as presented in the Schedule C and other
           management reports or dashboards; the reporting period is CLOSED for further transactions; and
           he data string for the period is produced directly out of the financial system and uploaded using
           the LG Upload Portal.

        Also, the verification process before each quarterly Section 71 publication will fall away as the
        responsibility now lies with the Municipality BEFORE submitting the data strings to ensure that the data
        is an accurate reflection of the state of municipal finances.

        Upon performing the ORGB analysis, it was noted that the Municipality made progress with the
        overall implementation of the mSCOA reform. The following was however noted:

             The Municipality complied with COVID-19 Reporting in terms of mSCOA Circular No. 9. However,
             the Municipality only budget for one-line item for covid-19 expenditure (Contracted Services:
             Pest Control and Fumigation).

             The Municipality has not fully implemented balance sheet budgeting & movement accounting
             in accordance with mSCOA Circular No. 10&11.

        With the above in mind, the Municipality is encouraged to consider the guidance provided by NT
        and address misalignments accordingly in their respective adjustment budgets to ensure that the
        budget is perfectly aligned.

SIME FINAL BUDGET ASSESSMENT 2021/22: BITOU MUNICIPALITY                                                     6
                                                                                                      15
3.      CONCLUSION

        The Municipality adhered to the timeframes provided in the MFMA and the MBRR with regard to the
        approval of the budget, which was also timeously placed on the municipal website and submitted
        to PT. The Municipality is commended for the full completion of its main and supporting schedules.

        The final budget is not a significantly different version of the tabled budget and hence our comments
        provided during the SIME engagement with the Municipality remains the main point of reference.

MR ML BOOYSEN
pp HEAD OFFICIAL: PROVINCIAL TREASURY
DATE: 6 August 2021

Cc: Chief Financial Officer, Bitou Municipality

SIME FINAL BUDGET ASSESSMENT 2021/22: BITOU MUNICIPALITY                                                  7
                                                                                                   16
Section 2: Finance

 ITEM C/2/249/08/21

 SPECIAL ADJUSTMENT BUDGET FOR 2021/22 IN TERMS OF SECTION 28(C)
 OF THE MUNICIPAL FINANCE MANAGEMENT ACT 56 OF 2003 (MFMA)

Directorate:          Finance                                     Demarcation: All wards
                                                                  Delegation: Council

File Ref:             5/15/6

Attachments:          None

Report from:          Chief Financial Officer

Date:                 16 August 2021

PURPOSE OF THE REPORT

To request a special adjustment in terms of MFMA section 28 (c) to fund the fire disaster at that
broke at Qolweni and Kurland.

MFMA section 28 stipulates that;
  (1) A municipality may revise an approved annual budget through an adjustment budget.

   (2) (c ) An Adjustment budget may, within a prescribed framework, authorize unforeseen and
       unavoidable expenditure recommended by the mayor of the municipality.

BACKGROUND/DISCUSSION

Bitou Municipal Council has approved an annual budget for the 2021/22 financial year on 8 June
2021 in terms of , Section 17 of the MFMA. A total budget of R866,079 million was approved
by the municipal council.

Employee related cost budget is amounting to R274,973 million for the 2021/22 financial year.
The amount includes the estimated annual salary adjustment 4.5% increase for employees and
notch progression for qualifying employees. The increase is still subject to SALGA Bargaining
council, hence is not yet implemented by Council as it was due from the 1st July 2021. Also
included in the budgeted amount is R16.9 million to fund critical vacant positions to enhance
service delivery. The employee related cost budget includes EPWP which takes the employee
cost to 35%.

The purpose of this report is to request council to utilize funds that was earmarked for critical
vacant to fund unforeseenable and unavoidable expenditure that has occurred in Qolweni and
Kurland as a results of fires.

                                                                                                    17
Section 2: Finance
Qolweni and Kurland has been affected by fires and more families were left destitute. The amount
is needed for restoration of electricity and emergency housing.

   1. Qolweni Fire 2 – R 564 480 for electrification restoration
   2. Kurland Fire – R 253 230 for electrification restoration
   3. Qolweni Electrification – R 2 584 700 for electrification of new houses to be built by the
      Department of Human Settlement
   4. Kurland Electrification – R 1 450 000 for TRA
   5. Ablution facilities- R 1 690 246.54
   6. Temporary Structure - R 2 753 235.40
   7. Integrated Sustainable Human Settlements Plan - R 1 063 000.00
   8. Informal Settlement Upgrading Plans – R 2 493 518.06

A grant allocation for 2021/22 financial year amounting R11.2 million to fund 169 Qolweni
housing project will not be transferred to the municipality. The project will now be implemented
by the provincial department. Operating expenditure will be reduced also with the same amount.

The total budget budget will be decreased to an amount of R854,869 million for 2021/22
financial year.

Legal requirements

Section 28 of the MFMA - Municipal adjustments budgets

(1) A municipality may revise an approved annual budget through an adjustments budget.
(2) An adjustments budget—
       (a) must adjust the revenue and expenditure estimates downwards if there is material
       under-collection of revenue during the current year;
       (b) may appropriate additional revenues that have become available over and above those
       anticipated in the annual budget, but only to revise or accelerate spending programmes
       already budgeted for;
       (c) may, within a prescribed framework, authorise unforeseeable and unavoidable
       expenditure recommended by the mayor of the municipality;
       (d) may authorise the utilisation of projected savings in one vote towards spending under
       another vote;
       (e) may authorise the spending of funds that were unspent at the end of the past financial
       year where the under-spending could not reasonably have been foreseen at the time to
       include projected roll-overs when the annual budget for the current year was approved by
       the council;
       (f) may correct any errors in the annual budget; and
       (g) may provide for any other expenditure within a prescribed framework.

3) An adjustment budget must be in a prescribed form.
4) Only the mayor may table an adjustments budget in the municipal council, but an adjustments
budget in terms of subsection (2) (b ) to (g ) may only be tabled within prescribed limitation as to
timing or frequency
5) When an adjustments budget is tabled, it must be accompanied by
       a) an explanation how the adjustments budget affects the annual budget;
       (b) motivation of any material changes to the annual budget
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Section 2: Finance
        (c) an explanation of the impact of any increased spending on the annual budget and the
        annual budget for the next two financial years; and
        d) any other supporting documentation that may be prescribed
6) Municipal tax and tariffs may not be increased during a financial year
7) Section 22(b), 23 (3) and 24(3) apply in respect of an adjustment budget , and in such
application a reference in those sections to an annual budget must be read as a reference to an
adjustment budget.

MFMA Municipal Budget and Reporting Regulations (MBRR) states:

Section 22(1), An adjustments budget of a municipality must be appropriately funded.

Section 23(4), An adjustments budget referred to in section 28(2)(c ) of the Act may only be
tabled in the municipal council at the first available opportunity after the unforeseeable and
unavoidable expenditure contemeplated in that section was incurred and within the time period
set in section 29(3) of the Act.

Explanations on how the adjustment budget will affect the annual budget in terms of
MFMA 28 (5) (a) – (d)

Discussions were held at Executive Management Team to respond to this disaster. As much as the
response should come from the District and Provincial Human Settlement department, it was
agreed that the municipality would not wait for Human Settlement to provide funding for
emergency. The situation was so dire that management had to make a call to assist the destitute
families in this regard. The decision was then taken to freeze all new funded vacant position and
utilise the budget from Employee Related Cost to fund these projects.

This will affect the Employee Related Cost, Contracted Services and other materials budget.

There will be reduction on the operational budget due to reduction on the operational revenue and
operational expenditure. Also the movement of funds from employee related cost to consultants,
contrated services and materials budget.

Financial Implications

R11.2 million housing grant reduction on operating revenue and related expenditure
R13.8 million funded from Employee related Cost to operating budget.

COMMENTS BY CHIEF FINANCIAL OFFICER

1.   That the item will be implemented upon approval by council
2.   That the moratorium be circulated to freeze all vacant positions
3.   That Budget allocated for vacant positions be utilised for the above request
4.   Austerity measures must be implemented in terms of Council Cost Containment Policy

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Section 2: Finance
COMMENTS BY DIRECTOR COMMUNITY SERVICES

The Emergency Housing project is geared towards provision of urgent relief to disaster affected
victims throughout the Bitou Municipality. These disaster incidents occur in a form of fire and
natural causes, wherein community members loose their homes and belongings. The municipality
is then expected to provide alternative accommodation with interim services. Also, the provision
of such adequate informal shelter enhances efforts to curb the spread of covid 19 virus.

The Human Settlements planning projects are a requirement from the Provincial Department of
Human Settlements to access the grant made available to municipalities. The funding applications
for the grant are due on 16 August 2021, and therefore the draft Plans and funding applications
should be completed by 13 August 2021.

Due to the urgent need for the budget adjustment it should be noted that the Executive Mayor has
powers to approve this proposed adjustment and expedndituer to be incurred, as enshrined in
Section 29 of the MFMA, which states that “The Mayor of a municipality may in emergency or
other expectional circumstances authorize unforseable and unavoidable expenditure for which no
provision was made in an approved budget. Section 29 (c) futher states that any such expenditure
must be reported by the Mayor to the municipal Council at its next meeting.

The necessary budget preparation should be urgently implemented by creating the necessary u-
keys for the identified projects.

COMMENTS BY DIRECTOR ENGINEERING SERVICES

Supported.

COMMENTS BY DIRECTOR ECONOMIC PLANNING AND DEVELOPMENT
SERVICES

Supported if the freezing of positions is the direct result of the need to address (fire) emergencies,
and more specifically to fund matters of (mostly) a capital nature.

However, I cannot support the notion that the filling of essential positions has to be sacrificed to
fund operational activities that should have been budgeted for. If there is a need for an ‘Integrated
Human Settlement Plan’ this should have been on the budget – it cannot be regarded as an
emergency (I may be stepping into the territory of another Department, but I am in any event not
convinced that consultants were/are required to do this). Depending on what is meant by
‘Informal Settlement Upgrading Plans’ the same comment applies to this initiative as well.

RECOMMENDED BY THE MUNICIPAL MANAGER

1. That Council approves the special adjustment budget based on the following adjustments
      a. R11.2 million housing grant reduction on operating revenue and related expenditure
      b. R13.8 million funded from Employee related Cost to operating budget.

2. That the SDBIP be amended accordingly.

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Section 2: Finance
3. That a moratorium be placed on the filling of vacancies as a result of the re-alloaction of
   funding.

4. That austerity measures must be implemented in terms of Council’s Cost Containment Policy.

                                                                                            21
SECTION 6
ECONOMIC DEVELOPMENT AND
       PLANNING
Section 6: Economic Development and Planning

 ITEM C/6/141/08/21

 AIRPORT: STATUS QUO AND WAY FORWARD

Directorate:           Economic Development & Planning             Demarcation: Ward 2
Portfolio Comm:        Strategic Services                          Delegation: Council

File Ref:              17/12/2

Report from:           Director: Economic Development & Planning

Author:                Director: Economic Development & Planning

Date:                  16 August 2021

PURPOSE OF THE REPORT

To inform the Council of the current status and the way forward in relation to the use and
management of the airport.

EXECUTIVE SUMMARY

The airport has been downgraded due to the failure to address certain outstanding issues that have
been raised during SACAA inspections over a number of years. One of the direct effects of this
downgrading was the immediate suspension of all flights of CemAir to and from Plettenberg Bay.
An internal meeting was held on 12 August to discuss these matters, and will be followed up by a
meeting with representatives of CemAir, VRST (the fuel supplier) and the local airport users /
hangers association on 17 August. Feedback regarding the outcome of these meetings and
suggestions on the way forward will be provided at the meeting.

BACKGROUND /DISCUSSION

A Category 2 classification allows the airport to operate as a small facility that allows use by small
private planes, and have only basic management and safety requirements. A Category 4
classification, which is required to allow commercial operations (such as CemAir) requires certain
substantial additional management and safety standards.

Inspections are carried out from time to time by the South African Civil Aviation Authority
(SACAA), during which the monitor compliance with the prescribed requirements. It appears that
the SACAA has over a number of years identified a number of issues that had to be addressed, but
that it was not done (or at least not done to their satisfaction). The direct result of this failure is
that the airport has been (or will be) downgraded from a Category 4 to a Category 2 facility.

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Section 6: Economic Development and Planning

In addition to the above, the Council has previously (during 2018/2019) adopted a resolution that
the Municipality should initiate a ‘call for proposals’ process with the aim to appoint a service
provider to manage the airport facility on behalf of the Municipality. It is not known why this
decision has not yet been implemented.

An internal meeting to discuss the matter was held on 12 August. It was agreed that a two-phased
approach will be adopted. First, attempts will be made to address the outstanding issues identified
by the SACAA (in conjunction with other stakeholders such as CemAir) as a matter of urgency
(although it needs to be mentioned that the cost implications to the Municipality was identified as
a serious concern). Second, and in parallel to this, the outstanding ‘call for proposals’ process
should be initiated without further delays.

A further meeting to discuss the abovementioned matters with CemAir, VRST (the fuel supplier)
and the local airport users / hanger owners association will be held on 17 August. A ‘feedback
report’ of the outcome of these discussions will be given at the meeting.

FINANCIAL IMPLICATION

The financial implications are an unknown at this stage, and will largely be dependent on ‘the way
forward’ model to be determined.

RELEVANT LEGISLATION

Civil Aviation Act, 2009 (Act 9 of 2009)
Municipal Systems Act, 2000 (Act 32 of 200)
Municipal Finance Management Act, 2003 (Act 56 of 2003)

Comments: Director Financial Services

The recommendation of the Acting Municipal Manager is supported.

Comments Manager: Legal Services

The recommendation of the Acting Municipal Manager is supported.

RECOMMENDED BY THE ACTING MUNICIPAL MANAGER

1.   That the current status of the Plettenberg Bay airport in relation to the use by commercial
     aircraft be noted.

2.   That it be noted that a meeting with the relevant stakeholders, and in particular with CemAir,
     will be held on 17 August 2021.

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