Minutes Council 27 July 2017 - tshwane.gov.za · 1. Chauke SR 2. Chilwana NM 3. Disoloane KB 4. Kgwedi DI 5. Lekgothoane JL 6. Letlonkoene TK 7. Maboa PP 8. Mabogwana MO 9. Machaba

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COUNCIL MINUTES FOR APPROVAL AT THE 7TH COUNCIL MEETING OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY (FOURTH TERM OF THE CITY OF TSHWANE), TO BE HELD ON 31 AUGUST 2017 AT 10:00

Council Meeting of the City of Tshwane Metropolitan Municipality held on 27 JULY 2017 at 10:00

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MINUTES of the Council Meeting of the

CITY OF TSHWANE METROPOLITAN MUNICIPALITY

(FOURTH TERM OF THE CITY OF TSHWANE)

held in the Council Chamber, Sammy Marks Conference Centre, cnr Lilian Ngoyi and Madiba Streets, Pretoria, on THURSDAY, 27 JULY 2017 at 10:00

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COUNCILLORS PRESENT: COUNCIL MEETING: 27 JULY 2017

DA :

PROPORTIONAL 1. Msimanga ST (Executive Mayor) 2. Mathebe RK (Speaker) 3. Van den Heever CM (Chief Whip of

Council) 4. Barendrecht JW 5. Bosch C 6. Brink C 7. De Jager LJ 8. Dhlamini SO 9. Ditabo DD 10. Fourie M (Apology) 11. Griffiths JL 12. Helfrich WP 13. Jansen J 14. Kgobane T (Absent) 15. Khumalo ZC 16. Lee TW 17. Louw E 18. Maake MR 19. Maas S 20. Mabena TW 21. Mabunda L 22. Maimane SS 23. Makgaleng KG (Apology) 24. Makhafula MA 25. Meyer K 26. Meyer CA 27. Millar PE 28. Mkhari M

29. Moheta RB 30. Mohlamme T 31. Mokhotho NL 32. Molapo N 33. Moreriane OT 34. Moss D 35. Mostert W 36. Motau LG 37. Motsaneng S 38. Mtimkulu M (Apology) 39. Napier CJ (Prof) 40. Ndlovu JZ 41. Nkomo TM 42. Nkosi K 43. Nortje HJ 44. Peach WD 45. Pretorius GC 46. Roos AC 47. Selowa D 48. Senkubuge SL 49. Shackleton MS 50. Thwala DS 51. Vilakazi TC 52. Wannenburg DG 53. Weber H (Apology) 54. Williams RM (Apology)

WARD 55. Aucamp, MGW 56. Bekker CF 57. Billson C 58. Botha EAL 59. Breytenbach AS 60. Chapman B 61. Coetzee JJ 62. De Bruin C 63. Du Plooy J 64. Duvenage Y 65. Farquharson DJ 66. Fourie RP 67. Kruger-Muller M 68. Lawrence BW 69. Linde E 70. McDonald CN (Apology)

81. Sutherland M 82. Sutton P 83. Tau AM 84. Uys J 85. Uys R 86. Van Buuren JG 87. Van Heerden PW 88. Van Niekerk AM 89. Van Wyk FW 90. Visser GP 91. Wakelin KH 92. Welmans LJ 93. Wilkinson S

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71. Middelberg LR 72. Muller S 73. Nel E 74. Nel PA 75. Pienaar CF 76. Pietersen IJ 77. Prinsloo CD (Adv) 78. Smith FJ 79. Strange MI 80. Strijdom CE

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ANC:

PROPORTIONAL

1. Boshomane MJ 2. Kekana RJ 3. Ledwaba DC (Absent) 4. Lekgema PL 5. Mabitsela MM 6. Mabona SJ 7. Mabusela TE (Apology) 8. Makgatho JT 9. Makhubela LE 10. Mashego RT 11. Matlala LS 12. Mathafa OM 13. Matjila MG 14. Matsena MD 15. Matshiyane MMS 16. Mojela DL (Apology) 17. Morudu MGR 18. Mosupyoe-Letsholo AWMK 19. Ndlovana AA 20. Nhlapo EN (Absent) 21. Tyobeka-Makeke NP (Absent)

WARD

22. Aphane IM 23. Baloyi JK 24. Baloyi JJ 25. Boroto AS 26. Celiphile M 27. Chiloane EP 28. Dinale AL 29. Dhlamini SF 30. Essop M 31. Hlatshwayo PB 32. Kgatle TF 33. Lehobye DJ (Absent) 34. Mabelane VP (Absent) 35. Magodielo TK 36. Mahlangu TF 37. Mahwayi MM 38. Maila ST 39. Maja SD 40. Makola MA 41. Maleka RR 42. Maluleka AM 43. Mampuru SF 44. Mantjane MA 45. Marishane MS 46. Masango V

71. Ngobeni JM 72. Nkosi FE 73. Ntlatleng WT 74. Phahlane AK 75. Qebelu SN 76. Rallele M 77. Rammushi JP 78. Rangako TM 79. Rasegoete MM 80. Ringane MB 81. Sedibeng SL 82. Sebotsane MP 83. Skhosana MN 84. Sindane JM (Apology) 85. Siphutuma BT 86. Thema FM 87. Tsela CD (Absent) 88. Tshabalala ES 89. Zitha PB

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47. Maselane SE (Absent) 48. Maseko PL 49. Masemola CS 50. Masemola VI 51. Mashapa MA 52. Mashola MS 53. Masilela JK 54. Masilela JW (Apology) 55. Masupha NR 56. Mathe DM 57. Mathenjwa NL 58. Matjene MH 59. Meme MN 60. Mlotshwa EM 61. Mokgalotsi NA 62. Mokhare JN 63. Molaba PF 64. Moloi ED 65. Montlha SP 66. Motaung TB 67. Mphaga IS 68. Mulaudzi LG 69. Mutumane ED 70. Ndlovu NGJ

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EFF:

PROPORTIONAL

1. Chauke SR 2. Chilwana NM 3. Disoloane KB 4. Kgwedi DI 5. Lekgothoane JL 6. Letlonkoene TK 7. Maboa PP 8. Mabogwana MO 9. Machaba NE (Absent) 10. Mafole K 11. Manaka PN (Apology) 12. Masemola AT 13. Masilela L 14. Masoleng MA 15. Matjie LA 16. Mathebula HN 17. Mazwi KC 18. Mnguni NP 19. Monchusi RGM

20. Moyana MM 21. Phukuile B 22. Ramabodu OS 23. Silaule GV 24. Tshabane SB 25. Tuwani T

FF +:

PROPORTIONAL 1. Erasmus, LA 2. Erasmus, BHJ 3. Du Plooy IP 4. Uys, PD

ACDP:

PROPORTIONAL 1. Kissoonduth, A

COPE:

PROPORTIONAL 1. Nkwane, S

PAC:

PROPORTIONAL 1. Lekgoathi, LJ

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REPRESENTATIVES FROM THE TRIBAL AUTHORITIES 1. AmaNdebele Ba Lebelo

KH Swandle

2. AmaNdebele wakwa Ndzundza Sokhulumi

E Nakedi

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MINUTES: SPECIAL COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 27 JULY 2017 Order of business of the Council Meeting convened in terms of Section 2.C(1) of the Rules and Orders: INDEX Pages A. OPENING: PRAYER OR MEDITATION ………………………… 14 B. APPLICATIONS FOR LEAVE OF ABSENCE ……………………. 15 C. OFFICIAL NOTICES …………………………………………………. 16 D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER

PROPOSALS ALLOWED BY THE SPEAKER ……………………… 17-18 E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS

COUNCIL MEETINGS: …………………………………………….. 19

• Special Council: 25 April 2017 (In Committee minutes)

• Special Council: 25 May 2017 (Approval of the IDP and MTREF 2017/18):

• Ordinary Council: 25 May 2017

• Special Council: 29 June 2017

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F. REPORTS TO THE COUNCIL

(a) REPORTS OF THE EXECUTIVE MAYOR (i) RECOMMENDATIONS TO COUNCIL

PART I: FROM THE MAYORAL COMMITTEE MEETING: 17 MAY 2017

INDEX PAGES (The recommendation appears on the page indicated in brackets) 1. Health Department Request for the approval of subdivision, consolidation and

rezoning of various pieces of land used for the upgrading and construction of Primary Health Care Centres (Clinics) and Multipurpose Social Development Centres (From the Executive Committee: 3 April 2017 and the Mayoral Committee: 17 May 2017) …………………………..…………………...... 20

2. Roads and Transport Department Proposed registration of right-of-way servitudes in favour of the general public over Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52 (both Municipal properties)

(From the Executive Committee: 3 May 2017 and the Mayoral Committee: 17 May 2017) …………………………………..…………..… 21-22

PART II: FROM THE MAYORAL COMMITTEE MEETING: 30 MAY 2017 3. Health Department Report on the Promulgation of the Reviewed Health By-Law for the Keeping of Animals, Birds and Poultry

(From the Executive Committee: 5 December 2016, the Mayoral Committee: 1 February 2017, Council: 30 March 2017 and Special Mayoral Committee: 30 May 2017)…………………..…. 23-24

4. Roads and Transport Department Application for the closure of a portion of road in Zithobeni Township for the purpose of consolidating the land over which the Zithobeni Stadium has been developed

(From the Executive Committee: 13 February 2017 and the Special Mayoral Committee: 30 May 2017)…………………….……..…. 25

5. Group Financial Services Department Write-off of Rates and Taxes debt for RC Technical (Pty) Ltd accounts and to enable registration of erven back to the City of Tshwane

(From the Executive Committee: 11 May 2017 and the Special Mayoral Committee: 30 May 2017)……………………………. 26

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PART III: FROM THE MAYORAL COMMITTEE MEETING: 21 JUNE 2017 6. Group Audit and Risk Department

Forensic investigation report into invoices submitted to the Office of the Speaker by various suppliers (From the Executive Committee: 12 June 2017 and the Mayoral Committee: 21 June 2017) …………………………………….. 27

PART IV: FROM THE MAYORAL COMMITTEE MEETING: 5 JULY 2017 7. Annual Salary and Wage increase: 2017/2018

(From the Executive Committee: 12 June 2017 and the Mayoral Committee: 5 July 2017) …………………………………….. 28

PART V: FROM THE MAYORAL COMMITTEE MEETING: 17 JULY 2017 8. City Strategy and Organisational Performance Department

Fourth quarter non-financial performance report on the implementation o f the Service Delivery and Budget Implementation Plan (SDBIP) in terms of Section 52(d) of the Municipal Finance Management Act, and interim annual performance report in terms of Section 46 of the Municipal Systems Act (From the Special Executive Committee: 17 July 2017 and the Mayoral Committee: 19 July 2017)……………………………………….. 29-30

9. Group Financial Services Department

Municipal Finance Management Act (MFMA) In-year financial report (monthly and fourth quarter budget statement) for the period ending 30 June 2017 (Preliminary Results) (From the Special Executive Committee: 17 July 2017 and the Mayoral Committee: 19 July 2017)…………………………………….…. 31-32


Grants and subsidies progress report for the period ended 30 June 2017 (Preliminary Results) (From the Special Executive Committee: 17 July 2017 and the Mayoral Committee: 19 July 2017)……………………………………….. 33

11. Group Financial Services Department (Supply Chain Management Division)

Supply Chain Management performance report for the 2016/17 financial year (July 2016 – June 2017) (From the Special Executive Committee: 17 July 2017 and the Mayoral Committee: 19 July 2017)……………………………………...… 34-35

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PART VI: FROM THE MAYORAL COMMITTEE MEETING: 29 JUNE 2017 12. Roads and Transport Department (Integrated Rapid Public Transport Network (IRPTN))

Permanent compensation to be paid to the affected operators on Line 1A and Line 2A of the Tshwane Rapid Transit System (From the Executive Committee: 29 May 2017, the Mayoral Committee: 21 June 2017, the Special Mayoral Committee: 28 June 2017 and the Special Council: 29 June 2017)………………… 36-37

PART VII: FROM THE MAYORAL COMMITTEE MEETING: 24 JULY 2017 13. Shared Services Department

(Corporate Fleet Management) Approval for the extension of the supply, installation and configuration of an integrated fleet management, fuel management and vehicle tracking contract (CB71/2013) for a period of 6 months after expiry of the current contract (From the Special Mayoral Committee: 24 July 2017)……………….. 38

PART VIII: FROM THE EXECUTIVE MAYOR 14. Office of the City Manager

Report on the extension of the contract of the acting Chief of Police in Terms of Section 56(1)(A)(Ii) and (C) of the Municipal Systems Act (Act 32 Of 2000 as Amended) ……………………………………..………... 39

(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE

(ANNEXURES A, A.1, A.2, A.3 AND A.4) …………………………………. 40 (b) REPORTS OF OVERSIGHT AND STANDING COMMITTEES

REPORTING DIRECTLY TO THE COUNCIL

(i) RECOMMENDATIONS TO THE COUNCIL ……………………………… 41-81 (b)(ii) RESOLUTIONS BY OVERSIGHT AND STANDING COMMITTEES REPORTING TO THE COUNCIL

(ANNEXURES B AND B.1) 81 B. SECTION 79 STANDING COMMITTEE: PETITIONS:

17 MAY 2017 ………………………..…………….……………………….. 82

B.1 SECTION 79 STANDING COMMITTEE: PETITIONS: 22 JUNE 2017 ………………………………………….……….……….…. 82

G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN ……………………. 83 H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS

MEETING ………………………………………………………………….….… 84 I. NEW MOTIONS ……………………………………………………….............. 85

J. PETITIONS ………………………………………………………….……..…… 86-87

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K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF THE MEETING, AT THE DISCRETION OF THE SPEAKER ………….. 88-92

SNAP DEBATE ………………………………………………………………. 93 L. CONCLUSION ………………………………………………………………. 94

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 27 JULY 2017 A. OPENING: PRAYER OR MEDITATION

The Speaker, Cllr RK Mathebe welcomed all present by requesting members to observe a moment of silence for prayer or meditation. The Speaker hereafter informed Council about the demise of the following three icons who contributed immensely in their own respective ways in the development of South Africa:

• Mrs Emma Mashinini, one of South Africa’s most formidable Trade Unionists, who was a recipient of the Order of the Baobab and the Order of Luthuli. She served on the Executive of the National Union of Clothing Workers (NUCUS) for 12 years, and in 1975 helped found the South African Commercial, Catering and Allied Workers Union (SACCAWU), at a time of increased militancy on the labour front. She passed on 10 July 2017, at the age of 87 and was buried on 15 July 2017.

• Mr Raymond Chikapa Enock Phiri, music legend born in Mpumalanga. Mr Phiri, among others, was a member of the music group named Stimela and also collaborated with Paul Simon and Ladysmith Black Mambaso on Simon’s Graceland project in 1985. Mr Phiri passed on 12 July 2017, at the age of 70 and was buried on 22 July 2017 in Mpumalanga.

• Mr Ronnie Mamoepa, the Spokesperson for the Deputy President of South Africa who passed away at the age of 56 on 22 July 2017 at Pretoria’s Unitas Hospital in Centurion. Mr Mamoepa was buried on 29 July 2017.

The Speaker hereafter indicated that, a book of condolences was made available for Councillors to write their condolences messages to the family of Mr Mamoepa and such book would be circulated to Councillors. Subsequently the Speaker requested Councillors to rise and observe a moment of silence in remembrance of the mentioned legends.

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B. APPLICATIONS FOR LEAVE OF ABSENCE

The Chief Whip of Council, Cllr CM van den Heever, in accordance with powers delegated to him submitted the approved leave of absence of the following Councillors: M Fourie KG Makgaleng CN Mc Donald M Mtimkulu H Weber RM Williams TE Mabusela JW Masilela DL Mojela JM Sindane PN Manaka (Remarks: 1. The following Councillors have apologised for late arrival:

NA Mokgalotsi: 12:20 LA Matjie: 12:00 LJ Lekgoathi: 11:30 A Kissoonduth: 12:00

2. The following Councillors have arranged for early departure:

LJ De Jager: 17:00 FJ Smith: 18:00 MN Skhosana: 12:30

3. As no leave of absence was presented for the following Councillors, they

be deemed absent without leave:

T Kgobane DC Ledwaba DJ Lehobye VP Mabelane SE Maselane EN Nhlapo CD Tsela NP Tyobeka-Makeke NE Machaba.)

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C. OFFICIAL NOTICES There were none.

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D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER PROPOSALS ALLOWED BY THE SPEAKER

1. LATE BUT URGENT REPORTS IN TERMS OF LEGISLATION

The Speaker explained that the reports contained in Parts V, VI, VII and VIII of the agenda were received from the Executive Mayor on 21 and 26 July 2017 respectively and delivered to Councillors on SharePoint on 21 and 26 July 2017. These reports were urgent and as timeframes are legislated, must serve in this Council meeting.

2. REPORTS ALLOWED BY THE SPEAKER AT HER DISCRETION IN TERMS OF SECTION 8(1) (K) OF THE RULES AND ORDERS The Speaker explained that Section 8(1)(k) of the Rules and Orders provides for reports / matters not contained in the notice of the meeting to be allowed at the discretion of the Speaker.

She further indicated that she had allowed the following reports and snap debate under Section 8(1)(k) of the Rules and Orders: 1. Office of the Speaker

Approval of the City of Tshwane By-Law on Ward Committees

2. Office of the Chief Whip Request for an Establishment of a City of Tshwane Women Caucus commencing in the 2017/18 FY

3. Office of the Chief Whip

Report on the Implementation of the Councillor Performance Management System and the Assessment of Councillors for Quarter 4 (April – June) of the 2016/17 Financial Year


Amendments to the policy on the capacitation of party caucus 5. Snap Debate on Colonialism The Speaker furthermore indicated that these reports and snap debate would be dealt with towards the end of the agenda.

3. BRINGING FORWARD ITEM 6, PART III TO BE COMMENCED WITH AS THE FIRST ITEM

The Speaker explained that she had decided in terms of Section 8(2) of the Rules and Orders to bring forward Item 6, Part III, “Forensic investigation report into invoices submitted to the Office of the Speaker by various suppliers”. This meant that Council would commence with Item 6, Part III just after the Executive Mayor had submitted his reports to Council and thereafter the original Item 1, Part I, and the rest of the items would follow.

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4. SASRIA COVER FOR COUNCILLORS

The Speaker informed Council that the City of Tshwane through Group Audit and Risk (Insurance Management) Department places various types of insurances annually on the 1st of July. One of the insurances applicable was SASRIA cover in respect of Councillors. The Municipality have been advised by SASRIA that they no longer provide blanket cover and municipalities are required to provide a full list of the Councillors, their addresses, the value of their buildings at inception of cover and the Group Head in the Office of the Speaker should take necessary steps to notify all Councillors in this regard. The Speaker hereafter requested that the details of all Councillors should be forwarded to Deputy Director of Insurance (Riaz Cassim) for onward transmission to SASRIA on or before Friday 28 July 2017, Email: [email protected].

5. LEGISLATIVE SECTOR BILL

The Speaker explained that during the Programming Committee meeting of 25 July 2017 it was agreed that all Political Party Caucuses in the City of Tshwane shall have the opportunity to study, participate and make input on the Legislative Sector Bill. For this purpose sessions would be arranged for the first week of August 2017, by the Secretariat in the Office of the Speaker, for the various parties to discuss the Bill to enable them to submit their respective inputs through the Secretariat to a Task Team/Steering Committee. Dates and related particulars for these sessions and meetings would soon be communicated to Councillors by the Secretariat.

6. CONGRATULATORY REMARKS: CLLR MO MABOGWANA

With the permission of the Speaker, Cllr MO Mabogwana on behalf of the EFF congratulated the EFF for their fourth birthday. The Speaker hereafter, on behalf of Council also congratulated EFF in this regard.

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E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS COUNCIL MEETINGS: 1. SPECIAL COUNCIL: 25 APRIL 2017 (In Committee minutes)

The Speaker explained that the Minutes posted on SharePoint, and in particular on page 36 of the Minutes, contained only the heading of the report that was discussed and disposed of by Council in Committee, followed by a remark stating that the report was considered in Committee and that, in terms of Section 9(3) of the Rules and Orders, the Minutes relating to a matter considered in Committee, must be approved by Council in Committee. Hereafter in terms of Section 9(3)(b) read with Section 42 thereof, the Speaker ruled that Council resolve itself into Committee for consideration of that portion of the minutes of the Council in Committee. The Speaker further ruled that all members of the public, the media, Traditional Leaders, service providers, translators, interpreters and officials except for the City Manager, Group Head: Secretariat of Council and Executive Head: Council and Committees Secretariat Services, leave the Council Chamber and that they must only return once the item was disposed of. The Speaker, hereafter announced that Council was in Committee and after putting to Council the minutes of the Council in Committee meeting of 25 April 2017, Cllr Matsena indicated that the resolutions in the minutes were not entirely captured as per the Executive Mayor’s amendment and submissions. Following confirmation by the Executive Mayor on the correct capturing of what transpired in Council, it was resolved as set out below: RESOLVED:

That the Minutes of the Special Council meeting of 25 April 2017 (In Committee minutes) be approved and confirmed.

2. SPECIAL COUNCIL: 25 MAY 2017 (Approval of the IDP and MTREF 2017/18):

RESOLVED: That the Minutes of the Special Council meeting of 25 May 2017 (Approval of the IDP and MTREF 2017/18) be approved and confirmed.

3. ORDINARY COUNCIL: 25 MAY 2017

RESOLVED: That the Minutes of the Ordinary Council meeting of 25 May 2017 be approved and confirmed.

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4. SPECIAL COUNCIL: 29 JUNE 2017

RESOLVED: That the Minutes of the Special Council meeting of 29 June 2017 be approved and confirmed.

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 27 JULY 2017

F. REPORTS TO THE COUNCIL (a) Reports of the Executive Mayor (i) Recommendations to Council Seoketsa Kekana (4586) COUNCIL: 27 July 2017 1. HEALTH DEPARTMENT

REQUEST FOR THE APPROVAL OF SUBDIVISION, CONSOLIDATION AND REZONING OF VARIOUS PIECES OF LAND USED FOR THE UPGRADING AND CONSTRUCTION OF PRIMARY HEALTH CARE CENTRES (CLINICS) AND MULTIPURPOSE SOCIAL DEVELOPMENT CENTRES (From the Executive Committee: 3 April 2017 and the Mayoral Committee: 17 May 2017) The purpose of the report is to request approval for subdivision, consolidation and rezoning of various pieces of land used for the upgrading and construction of Primary Health Care Centres (clinics) and Multipurpose Social Development Centres. (A copy of the relevant report is filed with the official Minutes of this meeting) During consideration of this item by Council on 27 July 2017, and after Cllr AM Maluleka, MMC IP Du Plooy and Executive Mayor addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That Council approves the subdivision, consolidation and rezoning of

properties as listed below for the upgrading and construction of Primary Health Care Centres (clinics) and Multipurpose Social Development Centres: • Erf 2652 Stinkwater Extension 1 • Erf 10409 Mabopane-R • Erf 622 and 624 Malabe Street • Erf 19619, Mamelodi East • Erf 9848, Atteridgeville Extension 7 • Erf 626, Winterveldt Agricultural Holding

2. That the Health Department be authorised to finalise all town planning application and related studies to ensure that the land use is consistent with the intended purpose;

3. That the City Manager be authorised to issue and sign a power of attorney(s)

to bring into effect the above recommendation; and 4. That in the event of an acquisition by purchase or land swap a report be

submitted for approval to the Mayoral Committee.

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Reference No 33006/2 Pheko Letlonkane (1068) COUNCIL: 27 July 2017 2. ROADS AND TRANSPORT DEPARTMENT

PROPOSED REGISTRATION OF RIGHT-OF-WAY SERVITUDES IN FAVOUR OF THE GENERAL PUBLIC OVER ERF 754, WINGATE PARK EXTENSION 1 AND ERF 6037, MORELETA PARK EXTENSION 52 (BOTH MUNICIPAL PROPERTIES) (From the Executive Committee: 3 May 2017 and the Mayoral Committee: 17 May 2017)

The purpose of the report is to obtain approval for the acquiring and registration of right-of-way servitudes for the general public over Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52, which are both Municipal owned properties (“park” erven). (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That Council consent to the granting of the right-of-way servitude over Erf 754,

Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52, in favour of the general public in terms of the Local Government Ordinance 1939 (Ordinance 17 of 1939) section 79(18)(a)(ii) at no cost for the City of Tshwane. The right-of-way servitudes measures a total area of 6 409 m² over Erf 754, Wingate Park Extension 1 and a total area of 50 m² over Erf 6037, Moreleta Park Extension 52. The servitude diagram is attached to the report, marked Annexure C.

2. That Council authorises the Group Head: Roads and Transport, in

collaboration with the Group Head: Group Legal and Secretariat Services, to enter into a Service Agreement with the land owner and developer of Erf 740 and Erven 746 to 753, Wingate Park Extension 1, which is Messrs Thumos Properties 4 (Pty) Ltd, for the construction of the proposed public link road on this proposed servitude area, at the cost of the said land owner.

3. That the cost of the registry in the Land Surveyors Office and Deeds Office of

the public servitude as set out above, as well as the cost of the construction of the public link road, will be for the account of the owner of Erf 740 and Erven 746 to 753, Wingate Park Extension 1, which is Messrs Thumos Properties 4 (Pty) Ltd. This also includes any possible consequential damage claims due to the construction of the proposed link road.

4. That Council authorises the permanent park closure in terms of Section 67 of

the Local Government Ordinance, 1939 (Ordinance 17 of 1939) of the parts of the park erven to be utilized for the right-of-way servitude, a total area of 6 409 m² over Erf 754, Wingate Park Extension 1 and a total area of 50 m² over Erf 6037, Moreleta Park Extension 52, according to the servitude diagram attached to the report, marked Annexure C.

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5. That the owner of Erf 740 and Erven 746 to 753, Wingate Park Extension 1, be authorised to comply on behalf of the Municipality for a Environmental Impact Assessment and acquisition of Environmental Authorisation in terms of the National Environmental Management Act (NEMA) from the Gauteng Department of Agriculture and Rural Development.

6. That the granting of the right-of-way servitudes be registered by way of a

Notarial Deed, including the conditions set out in this report and also including conditions normally applicable to municipal servitudes.

7. That notice of the granting of the right-of-way servitudes be given in terms of

Section 79(18)(b) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should no objections and/or representations be received, the process must be proceeded with. That should there be any objections to or representatives in respect of the granting of the right-of-way servitudes, the granting of servitudes together with such objections and/or representations, be submitted to the Council for consideration and a final resolution.

8. That the servitudes as described in paragraph 1 above be carried out:

a) The Surveyor General and the Registrar of Deeds, in accordance with Section 67(9)(a) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939), be informed in writing of the servitudes, as described in paragraph 1 above; and

b) The alteration of the general plans of the affected townships be

authorised by virtue of the delegation of such power to Council in accordance with Section 30(2) of the Survey Act, 1927 (Act 9 of 1927).

9. That the owner (and developer) of Erf 740 and Erven 746 to 753, Wingate Park

Extension 1, maintains and develops the park erf in exchange for obtaining the required right-of-way servitudes over the existing “park” erven.

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Reference No 67874/1 Seoketsa Kekana (4586) COUNCIL: 27 July 2017 3. HEALTH DEPARTMENT REPORT ON THE PROMULGATION OF THE REVIEWED HEALTH BY-LAW FOR

THE KEEPING OF ANIMALS, BIRDS AND POULTRY (From the Executive Committee: 5 December 2016, the Mayoral Committee: 1 February 2017, Council: 30 March 2017 and the Special Mayoral Committee: 30 May 2017)

The purpose of the report is to seek approval for the promulgation of the reviewed Health Bylaws for the Keeping of Animals, Birds and Poultry and publication in the Provincial Gazette Extraordinary, to effect promulgation in terms of legislation.

IT WAS RECOMMENDED (TO THE COUNCIL: 27 JULY 2017): 1. That the Reviewed Health By-Laws on the Keeping of Animals, Birds and Poultry

be approved by Council; and 2. That the City Manager places a notice in the Provincial Gazette publishing the

promulgation of the by-laws, after final approval by Council. During consideration of this item by Council on 27 July 2017, MMC IP Du Plooy seconded by MMC NL Mokhotho proposed the following additional recommendation:

(Unaltered)

“That the comment of Head: Economic Development and Spatial Planning be amended as follows: Replace second paragraph to read as follows:

The Section: Land Use Legislation and Applications engaged with the author of the report during October 2016. All negative comments from this Section were discussed. The report was amended to bring the Draft By-law in line with the Tshwane Town Planning Scheme 2008 (Revised 2014) The Report and attached Draft Health By-law for the keeping of animals, birds and poultry is from a Town-planning Scheme point of view, therefore in order.”

The Council acceded to MMC Du Plooy’s proposal and it was thereafter resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the Reviewed Health By-Laws on the Keeping of Animals, Birds and

Poultry be approved by Council.

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2. That the City Manager places a notice in the Provincial Gazette publishing the promulgation of the by-laws, after final approval by Council.

(Remarks: 1. At the Council meeting of 27 July 2017, 135 Councillors voted in favour of

the By-law in accordance with Section 160(3)(b) of the Constitution.

2. The comments of Head: Economic Development and Spatial Planning are amended and replaced on paragraph 5.5 of the report as per the proposal by MMC Du Plooy).

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Reference No 89265/1 Pheko Letlonkane (1068) COUNCIL: 27 July 2017 4. ROADS AND TRANSPORT DEPARTMENT

APPLICATION FOR THE CLOSURE OF A PORTION OF ROAD IN ZITHOBENI TOWNSHIP FOR THE PURPOSE OF CONSOLIDATING THE LAND OVER WHICH THE ZITHOBENI STADIUM HAS BEEN DEVELOPED (From the Executive Committee: 13 February 2017 and the Special Mayoral Committee: 30 May 2017) The purpose of the report is to obtain approval for the closure of a portion of a road in Zithobeni Township, north of Bronkhorstspruit. The closure is required in order to allow for the consolidation of the erven over which the existing Zithobeni Stadium has been developed. (See Annexure B). During consideration of this item by Council on 27 July 2017, and after Cllr JT Mahlangu addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the proposed closure of a portion of the road between Erven 3236 and

2278 in Zithobeni Township for the purpose of consolidating the land over which the Zithobeni Stadium has been develop be approved.

2. That in accordance with Section 67(3) of the Local Government Ordinance

1939 (Ordinance 17 of 1939), notice be given of the Municipality’s intention to close the portion of road as shown in Annexure A.

3. That the permanent closures as described in paragraph 2 above be carried

out:

a) The Surveyor General and the Registrar of Deeds, in accordance with Section 67(9)(a) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939), be informed in writing of the permanent closure, as described in paragraph 2 above.

b) The alteration of the cadastral plan of the affected area be authorised

by virtue of the Premier’s delegation of such power to Council in accordance with Section 30(2) of the Survey Act, 1927 (Act 9 of 1927).

4. That the Group Head: Shared Services or his/her nominee make the

necessary arrangements for the advertisements of the proposed closure.

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Reference No 56071/1 Umar Banda (8110) COUNCIL: 27 July 2017 5. GROUP FINANCIAL SERVICES DEPARTMENT

WRITE OFF OF RATES AND TAXES DEBT FOR RC TECHNICAL (PTY) LTD ACCOUNTS AND TO ENABLE REGISTRATION OF ERVEN BACK TO THE CITY OF TSHWANE (From the Executive Committee: 11 May 2017 and the Special Mayoral Committee: 30 May 2017) The purpose of the report is to obtain approval for the writing off of Property Rates and municipal service charges debt for properties previously owned by RC TECHNICAL (PTY) LTD, to enable the re-transfer of erven to the City.

During consideration of this item by Council on 27 July 2017, and after Cllr AM Maluleka and B Phukuile addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the total amount of R64, 228, 215.12 (VAT included) in respect of

municipal accounts affected by the transfer and registration of the above erven be written off against the Provision for Bad Debt.

GL Account number: 90400 and 17500. 2. That preapproval be granted for subsequent write off of any amount that might

arise as a result of current billing/adjustment which might be effected upon approval and execution of this report. This will ensure that no further delays are encountered during the transfer of the properties.

3. That Group Head: Group Property determine the faith (future use) of the erven

and submit a report in this regard to Council.

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Reference No 24911/1 Jafta Mhlongo (2250) COUNCIL: 27 July 2017 (COUNCIL IN COMMITTEE) 6. GROUP AUDIT AND RISK DEPARTMENT

FORENSIC INVESTIGATION REPORT INTO INVOICES SUBMITTED TO THE OFFICE OF THE SPEAKER BY VARIOUS SUPPLIERS (From the Executive Committee: 12 June 2017 and the Mayoral Committee: 21 June 2017) (Remark: At the Council meeting of 27 July 2017, it was in terms of Section 42 of the Rules and Orders proposed that the Council resolve itself into Committee for purposes of consideration of this item and Council acceded to the proposal. In terms of Section 9(3) of the Rules and Orders By-law the minutes in relation to an item relating to a staffing matter considered by the Council in Committee must be kept separately from other minutes of the Council, and must be approved by the Council in Committee not later than the second ordinary meeting after the meeting to which the minutes relate).

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Reference No 56269/1 Gerald Shingange (4052) COUNCIL: 27 July 2017 7. GROUP HUMAN CAPITAL MANAGEMENT DEPARTMENT

ANNUAL SALARY AND WAGE INCREASE: 2017/2018 (From the Executive Committee: 12 June 2017 and the Mayoral Committee: 5 July 2017)

The purpose of the report is to:

1. Inform Council about the new salary and wage collective agreement for permanent and non-permanent employees for the financial years 2017/2018; and

2. Obtain approval from Council to implement the salary and wage collective agreement.

During consideration of this item by Council on 27 July 2017, and after Cllr TK Letlonkoane addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the annual salary and wage increase collective agreement, be noted. 2. That the salary increases and minimum salaries be implemented as

determined by the salary and wage collective agreement. 3. That the medical threshold be implemented as determined by the salary and

wage collective agreement. 4. That the salaries of all non-permanent employees be adjusted in terms of the

salary and wage collective agreement. 5. That cognisance be taken that employees can only become members of a

defined contribution retirement fund. 6. That a contribution rate of eighteen percent (18%) toward defined contribution

retirement funds be retained. 7. That the home owners allowance be implemented as determined by the salary

and wage collective agreement.

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Reference No 12028/1 Nosipho Hlatshwayo (4749) COUNCIL: 27 July 2017 8. CITY STRATEGY AND ORGANISATIONAL PERFORMANCE DEPARTMENT

FOURTH QUARTER NON-FINANCIAL PERFORMANCE REPORT ON THE IMPLEMENTATION OF THE SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN (SDBIP) IN TERMS OF SECTION 52(D) OF THE MUNICIPAL FINANCE MANAGEMENT ACT, AND INTERIM ANNUAL PERFORMANCE REPORT IN TERMS OF SECTION 46 OF THE MUNICIPAL SYSTEMS ACT (From the Special Executive Committee: 17 July 2017 and the Mayoral Committee: 19 July 2017)

The purpose of the report is to report to Council:

1. fourth quarter performance results on the implementation of the Service Delivery

and Budget Implementation Plan (SDBIP), in terms of Section 52(d) of the Municipal Finance Management Act (MFMA);

2. fourth quarter performance results on the implementation of municipal entity multi-

year business plans; and

3. interim annual performance results on the Integrated Development Plan (IDP) and adjusted Service Delivery and Budget Implementation Plan (SDBIP) 2016/17 targets in terms of Section 46 of the Municipal Systems Act (MSA).

IT WAS RECOMMENDED (TO THE COUNCIL: 27 JULY 2017): That the fourth quarter non-financial performance report on the implementation of the Service Delivery and Budget Implementation Plan (SDBIP) in terms of Section 52(d) of the Municipal Finance Management Act (MFMA) and the interim Annual Performance Report in terms of Section 46 of the Municipal Systems Act (MSA) be approved. During consideration of this item by Council on 27 July 2017, Cllr T Tuwani participated in a debate. Subsequently Cllr Prof CJ Napier seconded by Cllr P Sutton proposed the following additional recommendation:

(Unaltered)

“2. That the Fourth Quarter Non-Financial report on the Implementation of the Service Deliver and Budget Implementation Plan (SDBIP) be referred to the Section 79 IDP Standing Committee for further scrutiny.”

The Council acceded to Cllr Prof Napier’s proposal and it was thereafter resolved as set out below:

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(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the fourth quarter non-financial performance report on the implementation

of the Service Delivery and Budget Implementation Plan (SDBIP) in terms of Section 52(d) of the Municipal Finance Management Act (MFMA) and the interim Annual Performance Report in terms of Section 46 of the Municipal Systems Act (MSA) be approved.

2. That the Fourth Quarter Non-Financial report on the Implementation of the Service Deliver and Budget Implementation Plan (SDBIP) be referred to the Section 79 Oversight Committee: IDP for further scrutiny.

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F1/5/2 Umar Banda (8110) COUNCIL: 27 July 2017 9. GROUP FINANCIAL SERVICES DEPARTMENT

MUNICIPAL FINANCE MANAGEMENT ACT (MFMA) IN-YEAR FINANCIAL REPORT (MONTHLY AND FOURTH QUARTER BUDGET STATEMENT) FOR THE PERIOD ENDING 30 JUNE 2017 (PRELIMINARY RESULTS) (From the Special Executive Committee: 17 July 2017 and the Mayoral Committee: 19 July 2017)

The purpose of the report is to provide information on progress with the financial performance of the City of Tshwane against the budget for the period ended 30 June 2017, in compliance with Section 52(d) and 71 of the Municipal Finance Management Act (MFMA).

IT WAS RECOMMENDED (TO THE COUNCIL: 27 JULY 2017): 1. That the contents of the report, as per Annexure A, be noted; 2. That it be noted that the report has been set up in compliance with Section

52(d) and 71 of the Municipal Finance Management Act (MFMA) and the Municipal Budget and Reporting Regulations;

3. That the impending shortfall on revenue and overspending on the budget, as

highlighted in the report, be addressed in terms of Section 70(1) (a-b) of the Municipal Finance Management Act (MFMA);

4. That the Departments that incurred an overspending on their allocated budget

submit a report to Council on unauthorised expenditure, and such reports be dealt with in terms of section 29, 32 and Circular 68 of the Municipal Finance Management Act (MFMA); and

5. That this statement be submitted to the National Treasury and the Provincial

Treasury in both signed-document and electronic format.

During consideration of this item by Council on 27 July 2017, the following Councillors participated in a debate: P Sutton AM Maluleka RT Mashego ZC Khumalo Subsequently Cllr TK Magodielo seconded by Cllr MS Marishane proposed the following additional recommendation:

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(Unaltered)

“That the report be referred to the Section 79 MPAC for further scrutiny” The Council acceded to Cllr Magodielo’s proposal and it was thereafter resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That the contents of the report, as per Annexure A, be noted. 2. That it be noted that the report has been set up in compliance with Section

52(d) and 71 of the Municipal Finance Management Act (MFMA) and the Municipal Budget and Reporting Regulations.

3. That the impending shortfall on revenue and overspending on the budget, as

highlighted in the report, be addressed in terms of Section 70(1) (a-b) of the Municipal Finance Management Act (MFMA).

4. That the Departments that incurred an overspending on their allocated budget

submit a report to Council on unauthorised expenditure, and such reports be dealt with in terms of section 29, 32 and Circular 68 of the Municipal Finance Management Act (MFMA).

5. That this statement be submitted to the National Treasury and the Provincial

Treasury in both signed-document and electronic format. 6. That this report be referred to the Section 79 Standing Committee: Public Accounts for further scrutiny.

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F-9/4/1 Umar CA(SA) (8100/1) COUNCIL: 27 July 2017 10. GROUP FINANCIAL SERVICES DEPARTMENT

GRANTS AND SUBSIDIES PROGRESS REPORT FOR THE PERIOD ENDED 30 JUNE 2017 (PRELIMINARY RESULTS) (From the Special Executive Committee: 17 July 2017 and the Mayoral Committee: 19 July 2017)

The purpose of the report is to provide information on the progress in respect of performance of the various Inter-governmental Transfers and Grants for the period ended 30 June 2017. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED:

1. That the financial progress of the various grants and subsidies for the period under review, as set out in section 7 of the report, be noted.

2. That the receipt of transfers and grants, as set out in Table 5.1.1 of the

report, be noted.

3. That the unspent transfers and grants, as set out in Table 6.3 of the report, be noted and that the recipient Head of Departments of all transfers and grants must ensure that the spending be effected as planned, and that the reporting conditions and requirements as set out in the Division of Revenue Act (DoRA) be adhered to.

4. That roll-over requests on unspent balance should be done in terms of

section 22(2) of the Division of Revenue Act (DoRA) and Circular 86 of the Municipal Finance Management Act (MFMA) before 31 August 2017.

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SUPPLY CHAIN MANAGEMENT IMPLEMENTATION REPORT Umar Banda (8110) COUNCIL: 27 July 2017 11. GROUP FINANCIAL SERVICES DEPARTMENT (SUPPLY CHAIN MANAGEMENT)

SUPPLY CHAIN MANAGEMENT PERFORMANCE REPORT FOR 2016/17 FINANCIAL YEAR (JULY 2016 – JUNE 2017) (From the Mayoral Committee: 19 July 2017)

The purpose of the report is to provide information, as per Supply Chain Management

Regulation 6 issued in terms of the Municipal Finance Management Act (MFMA), on the performance of the Supply Chain Management Division for 2016/17 financial year.

IT WAS RECOMMENDED (TO THE COUNCIL: 27 JULY 2017): 1. That cognisance be taken of continuous monitoring of the progress of bids and

implementation of policy within Supply Chain Management (SCM); 2. That in terms of Regulation 36 of the Supply Chain Management Regulations,

promulgated in terms of the Local Government Municipal Finance Management Act, Act 56 of 2003 and the approved Supply Chain Management Policy section 35 cognisance be taken of the reasons for the deviations from the official procurement process of tenders;

3. That the Chief Financial Officer includes the information regarding the

deviations as a note to the financial statement; 4. That the Bid Adjudication Committee adheres to principles contained in the

Municipal Finance Management Act (MFMA) and the Supply Chain Management Policy when considering deviations;

5. That Group Audit and Risk finalise investigations on irregular expenditure and

report back on a case by case basis the outcome of the investigation to identify any official or councillor liable for recovery in terms of Section 32 of the Municipal Finance Management Act; and

5. That the Member of the Executive Council for Local Government (MEC) and

Auditor General of South Africa be informed of the irregular expenditure and action to be taken.

During consideration of this item by Council on 27 July 2017, Cllr RJ Kekana seconded by Cllr MS Marishane proposed the following amendment:

(Unaltered)

“Delete the second recommendation 5 to read as recommendation 6 and add the following additional recommendation 7: That this report be referred to MPAC for further scrutiny”

The Council acceded to Cllr Kekana’s proposal.

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Following inputs by Councillors KH Wakelin, P Sutton and RT Mashego on the contents of this report, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED:

1. That cognisance be taken of continuous monitoring of the progress of bids and

implementation of policy within Supply Chain Management (SCM). 2. That in terms of Regulation 36 of the Supply Chain Management Regulations,

promulgated in terms of the Local Government Municipal Finance Management Act, Act 56 of 2003 and the approved Supply Chain Management Policy section 35 cognisance be taken of the reasons for the deviations from the official procurement process of tenders.

3. That the Chief Financial Officer includes the information regarding the

deviations as a note to the financial statement. 4. That the Bid Adjudication Committee adheres to principles contained in the

Municipal Finance Management Act (MFMA) and the Supply Chain Management Policy when considering deviations.

5. That Group Audit and Risk finalise investigations on irregular expenditure and

report back on a case by case basis the outcome of the investigation to identify any official or councillor liable for recovery in terms of Section 32 of the Municipal Finance Management Act.

6. That the Member of the Executive Council for Local Government (MEC) and

Auditor General of South Africa be informed of the irregular expenditure and action to be taken.

7. That this report be referred to the Section 79 Standing Committee: Public

Accounts for further scrutiny.

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Pheko Letlonkane (1064) COUNCIL: 27 July 2017 12. ROADS AND TRANSPORT DEPARTMENT (INTEGRATED RAPID PUBLIC TRANSPORT NETWORK (IRPTN))

PERMANENT COMPENSATION TO BE PAID TO THE AFFECTED OPERATORS ON LINE 1A AND LINE 2A OF THE TSHWANE RAPID TRANSIT SYSTEM (From the Executive Committee: 29 May 2017, the Mayoral Committee: 21 June 2017, the Special Mayoral Committee: 28 June 2017 and the Special Council: 29 June 2017)

The purpose of the report is to seek approval for the payment of Permanent Compensation to the minibus taxi operators whose businesses are affected by the implementation of Line 1A and Line 2A of the Tshwane Rapid Transit system.

During consideration of this item by Council on 27 July 2017, and after Cllr AM Maluleka and MMC SL Senkubuge addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That a permanent compensation to the affected operators in Line 1A and 2A

be approved. 2. That the Permanent Compensation amount for the Line 1A affected operators,

comprising of the following:

i) R 112 500 000 (one hundred and twelve million and five- hundred thousand rand only) be paid into an Tshwane Rapid Transit (TRT) Pty Ltd Trust account.

ii) Lumpsum payments for the amount of R 300 000,00 (three hundred

thousand rand only) to the legitimate owners of the 375 (three hundred and seventy five) affected vehicles.

3. That the Permanent Compensation amount for the Line 2 A affected operators,

comprising of the following:

i) The total payment to the Line 2 A operators adds up to R 232 817 274.00 (two hundred and thirty-two million eight hundred and seventeen thousand and two hundred and seventy four rand).

ii) Lumpsum payments for the amount of R 363 951.00 (three hundred and

sixty three thousand nine hundred and fifty one thousand rand) to each of the fifty four (54) individual public transport operators belonging to Elardus Park Taxi Association, totaling an amount of R 19 653 354.00 (nineteen million six hundred and fifty three thousand and three hundred and fifty four rand).

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iii) Three equal down payments for the amount of R 407 868,05 (four hundred and seven thousand eight hundred and sixty eight rand and five cents) over a period of three years to the one hundred and twenty four (124) individual public transport operators belonging to Menlyn Taxi Association, and the balance payments to follow in the remaining two years financial years. Totaling an amount of R151 726 896 (one hundred and fifty-one million seven hundred- and- twenty six thousand and eight hundred and ninety six rand).

iv) Three equal down payments over a period of three years to the forty eight

(48) individual public transport operators belonging to the Pretoria Station Taxi Associations for R 426 645.80 (four hundred and twenty six thousand six hundred and forty-five rand and eighty cents), and the balance payments follow for the remaining two years. Totaling an amount of R61 437 024 (sixty one million four hundred and thirty seven thousand and twenty four rand).

4. That the Compensation Buy-Out Agreement as discussed, a copy of which is

attached as Annexure “A” to this report, be approved. 5. That the City Manager be authorised to sign the Compensation Buy-Out

Agreement on behalf of the City. 6. That the City Manager be authorised to dispense the compensation amounts

to affected operators on behalf of the City. 7. That the Compensation amount be paid to Tshwane Rapid Transit (TRT) (Pty)

Ltd Trust Account from which payments to affected operators shall be administored following compliance with all City processes.

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Mayur Maganlal (3832) COUNCIL: 27 July 2017 13. SHARED SERVICES DEPARTMENT

(CORPORATE FLEET MANAGEMENT) APPROVAL FOR THE EXTENSION OF THE SUPPLY, INSTALLATION AND CONFIGURATION OF AN INTEGRATED FLEET MANAGEMENT, FUEL MANAGEMENT AND VEHICLE TRACKING CONTRACT (CB71/2013) FOR A PERIOD OF 6 MONTHS AFTER EXPIRY OF THE CURRENT CONTRACT (From the Special Mayoral Committee: 24 July 2017)

The purpose of the report is to: Seek approval for the extension of the supply, installation and configuration of an integrated fleet management, fuel management and vehicle tracking system contract (CB 71/2013) be extended for a period of 6 months after the current contract expires on 31 July 2017. During consideration of this item by Council on 27 July 2017, and after Cllr RT Mashego and MMC C Brink addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the AfriRent contract (CB 71/2013) be extended for a period of 6 months

in compliance with section 116 (3) of the MFMA and noting that no public comments were received.

2. That the revised rates and conditions of the extended contract with AfriRent

be applicable as of 01 August 2017. 3. That the new service provider(s) be contracted within the 6 months of the

extended contract.

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Moeketsi Mosola (4901/4) COUNCIL: 27 July 2017 14. OFFICE OF THE CITY MANAGER

REPORT ON THE EXTENSION OF THE CONTRACT OF THE ACTING CHIEF OF POLICE IN TERMS OF SECTION 56(1)(A)(II) AND (C) OF THE MUNICIPAL SYSTEMS ACT (ACT 32 OF 2000 AS AMENDED)

The purpose of the report is to obtain Councils’ approval in terms of Section 56(1)(a)(ii) and (c) of the Municipal Systems Act (Act 32 of 2000 as amended) to extend the acting of Ms J Malan as Chief of Metro Police. Latter extension will be on a month to month basis for a period not exceeding 3 months, commencing on 1 August 2017 whilst the recruitment processes relating to the vacant position of Chief of Police are finalised.

(A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That Council further approves the acting of Ms J Malan in the post of Chief of

Police on a month to month basis for a period not exceeding 3 months, commencing on 1 August 2017.

2. That in terms of the Municipal Systems Act (Act 32 of 2000 as amended),

Section 56(1)(c), the CoT apply in writing to the MEC for Local Government to extent said acting of Ms J Malan for a further period not exceeding 3 months.

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(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURES A, A.1, A.3 AND A.4)

In terms of Section 56(5) of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) as amended, the resolutions by the Mayoral Committee from its meeting held on 19 April 2017, 17 and 30 May 2017, 15 and 21 June were submitted to Council for discussion / cognisance in terms of Section 13(7) of the Rules and Orders. During the debate on Annexures A, A.1, A.3 and A.4 at the Council meeting of 27 July 2017, no proposal was made that the Executive Mayor be requested to reconsider any resolution, and no request was made to record any opposition to any resolution contained in these annexures.

However, during consideration of Annexure A.2, item 7 ‘Report on visit by the Speaker of Council, Cllr Rachel Mathebe to Basel Switzerland to attend the International Human Rights and Inter-Faith Summit on 30 May to 6 June 2017’ following a debate between Councillors AM Maluleka, RT Mashego and the Executive Mayor on this matter, it was agreed that this item be withdrawn from the agenda.

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(b)(i) REPORTS OF OVERSIGHT AND STANDING COMMITTEES REPORTING DIRECTLY TO THE COUNCIL The Chair of Chairs submitted to Council the following reports emanating from the Section 79 Standing Committee: Public Accounts of 12 May 2017 and 9 June 2017, Section 79 Standing Committee: Local Geographical Names of 9 June 2017, Section 79 Standing Committee: Civilian Oversight of 11 April 2017, Section 79 Standing Committee: Rules and Ethics of 22 March 2017 and 23 June 2017 respectively for consideration, as well as Annexure B and B.1 for cognizance and or discussion. He further explained that the submission of the reports contained in the Council agenda from the Section 79 Public Accounts of 12 May 2017 were deferred from the Council agenda of 29 June 2017 and were resubmitted for consideration.

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A. FROM THE SECTION 79 STANDING COMMITTEE: PUBLIC ACCOUNTS: 12 MAY 2017

1. Tshwane Metro Police Department

Unavailability of and Turnaround Times for Repairing Vehicles of the Metro Police (From the Section 79 Standing Committee: Public Accounts: 17 March 2017 and the Section 79 Standing Committee: Public Accounts: 12 May 2017) ………………………….…………………. 47

2. Group Human Capital Management Department

(Human Capital Management) Report on Vacancies in the City of Tshwane (From the Section 79 Standing Committee: Public Accounts: 12 May 2017) …………………………………………………………………... 48

3. Group Human Capital Management

Pending Suspensions and Cost to the City, inclusive of Disciplinary Hearings and Processes (From the Section 79 Standing Committee: Public Accounts: 12 May 2017) …………………………………..…………………………....... 49 (Due to the confidential nature of this report, it will be distributed in hard copy format to Councillors only and will therefore not be loaded on SharePoint)

B. FROM THE SECTION 79 STANDING COMMITTEE:

LOCAL GEOGRAPHICAL NAMES: 9 JUNE 2017

4. Economic Development and Spatial Planning Department (City Planning Division) Approval of names to populate the geographical names bank: South African surnames (Phase 6) (From the Section 79 Standing Committee: Local Geographical Names: 9 June 2017)………………………………………… 50

5. Economic Development and Spatial Planning Department (City Planning Division) Names to populate the geographical names bank: South African phrases: Phase 21 (Sepedi) (From the Section 79 Standing Committee: Local Geographical Names: 9 June 2017)…………….……………..………….… 51 6. Economic Development and Spatial Planning Department (City Planning Division) Names to populate the geographical Names Bank: South African Phrases: Phase 17 (Tshivenda) (From the Section 79 Standing Committee: Local Geographical Names: 9 June 2017) .………………………………………… 52

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7. Economic Development and Spatial Planning Department (City Planning Division) Names to Populate the Geographical Names Bank: South African Phrases: Phase 14 (IsiZulu) (From the Section 79 Standing Committee: Local Geographical Names: 9 June 2017) ……………………………………….. 53

8. Economic Development and Spatial Planning Department

(City Planning Division) Names to populate the geographical Names bank: Grammar and Punctuation marks (From the Section 79 Standing Committee: Local Geographical Names: 9 June 2017) ……………………………….………. 54

C. FROM THE SECTION 79 STANDING COMMITTEE: CIVILIAN OVERSIGHT

11 APRIL 2017 9. Office of the Speaker

Terms of Reference: Section 79 Standing Committee: Civilian Oversight (Tshwane Metropolitan Police Department) (From the Section 79 Standing Committee: Civilian Oversight: 11 April 2017) …………………………………………………………….……. 55

D. FROM THE SECTION 79 STANDING COMMITTEE:

RULES AND ETHICS: 22 MARCH 2017 10. Office of the Speaker

Referral of the Speaker’s ruling of not excusing Councillor MN Mhlongo during discussions on Item B(I): Reports of Oversight and Standing Committees reporting directly to the Council (From the Section 79 Standing Committee: Rules and Ethics: 22 March ……………………………..…………………………………………. 56

11. Office of the Speaker

Referral of the Speaker’s ruling of not allowing the Executive Mayor’s guidance on the snap debate by Cllr AM Maluleka (From the Section 79 Standing Committee: Rules and Ethics: March 2017) …………………..……………………………………………….. 57


Referral of the conduct of Alderwoman CD Prinsloo (Adv), Councillor S Maas and MMC C Brink to Rules and Ethics Committee by Councillor MD Matsena (From the Section 79 Standing Committee: Rules and Ethics: 22 March ………………………….……………………………………………. 58-59


Referral of the ruling by the Speaker to establish a committee to investigate the conduct of Councillors to Rules and Ethics Committee by Councillor MD Matsena (From the Section 79 Standing Committee: Rules and Ethics: 22 March 2017) …………………..…………………………………………… 60

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14. Office of the Speaker Referral of sexual assault allegation made by Cllr EAL Botha against Cllr JK Masilela (From the Section 79 Standing Committee: Rules and Ethics: 22 March 2017) …………………..………………………………………… 61

E. FROM THE SPECIAL SECTION 79 STANDING COMMITTEE:

RULES AND ETHICS: 19 APRIL 2017 15. Office of the Speaker

Referral of Councillor EAL Botha for refusing to accede to the Speaker’s order by the Chief Whip of Council (From the Special Section 79 Standing Committee: Rules and Ethics: 19 April 2017) ……………………………………………………… 62


Referral of the Speaker’s ruling to disallow a motion tabled by Councillor MD Matsena pertaining to allegations that MMC M Fourie was involved in the clandestine operation of diversion of the insurance claim paid to ook into the rebuilding of Munitoria (From the Special Section 79 Standing Committee: Rules and Ethics: 19 April 2017) …………..………………………………………….. 63


Referral of remarks by Councillor SP Montlha that the Speaker’s attitude renders her useless by Councillor K Meyer (From the Special Section 79 Standing Committee: Rules an Ethics: 19 April 2017) ………………………………………………….. 64

F. FROM THE SECTION 79 STANDING COMMITTEE:

RULES AND ETHICS: 23 JUNE 2017 18. Office of the Speaker

Referral of remarks by Councillor MD Matsena that the Council will be chaotic (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017) ………………………….………………………….….. 65


Referral by Alderwoman AWMK Mosupyoe-Letsholo regarding the manner in which the Speaker was presiding over Council (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017) …………………..………………………………………… 66


Referral of accounts in arrears for more than 90 days allegedly belonging to the Executive Mayor, Councillor S Msimanga, Councillor ZC Khumalo, Councillor GP Visser and Councillor C Brink (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017) ………………………….……………………………… 67-68

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21. Office of the Speaker Referral of the Speaker for not allowing Councillor AM Maluleka to address Council on a point of information (during discussion of the demise of Fidel Castro under unopposed proposals by the Speaker) (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017) …………………..……………………………………………. 69


Referral of remarks by Councillor LE Makhubela that the Speaker is perpetuating mediocrity (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017) …………………..……………………………………….……. 70


Referral of lack of matric remarks made by Councillor RT Mashego towards Councillor MO Mabogwana by Councillor OS Ramabodu (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017) …………………..……………………………………………… 71


Referral by Councillor MGR Morudu against the DA Councillor who brought a child inside Council (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017) …………………..………………………………….………… 72


Referral of the Speaker’s alleged conduct of actively participating in debates and of impartially applying the Rules and Orders By-laws by Councillors MD Matsena and RJ Kekana (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017) …………………..…………………………………………… 73

G. FROM THE SECTION 79 STANDING COMMITTEE: PUBLIC ACCOUNTS:

9 JUNE 2017 26. Group Legal Services Department

Quarterly performance report regarding cases pursued, successes and loss rate (From the Section 79 Standing Committee: Public Accounts: 9 June 2017) ………………………………………………………………….… 74

27. Group Financial Services Department (Financial Reporting and Assets) Creditors age analysis as at 31 March 2017 for the City (From the Section 79 Standing Committee: Public Accounts: 9 June) …………………………………………………………………………... 75


Revenue report to municipal public account committee (MPAC) (From the Section 79 Standing Committee: Public Accounts: 9 June 2017) ……………………………………………………………………. 76

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29. Group Audit and Risk Department

Staff establishment of the Department Group Audit and Risk (From the Section 79 Standing Committee: Public Accounts: 9 June 2017) ……………………………………………………………………… 77

30. Legal and Secretariat Services Department

Contingency liabilities for the 2015/2016 and 2016/17 financial years up to 31 March 2017 (From the Section 79 Standing Committee: Public Accounts: 9 June 2017) ……………………………………………………………………… 78


(Financial Reporting and Assets) Creditors age analysis as at 30 April 2017 for the City (From the Section 79 Standing Committee: Public Accounts: 9 June 2017) ………………………………………………………………….…… 79


Oversight report on Group Financial Services Department Municipal Finance Management Act (MFMA) in-year financial report (monthly budget statement) for the period ending 30 April 2017 (From the Section 79 Standing Committee: Public Accounts: 9 June 2017) ………………………………………………………………………. 80


Oversight report on Group Financial Services Department Municipal Finance Management Act in-year financial report (monthly and third Quarter Budget Statement) for the period ending 31 March 2017 (From the Section 79 Standing Committee: Public Accounts: 9 June 2017) ………………………………………………………………………. 81

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MP5/2/1/2 KS NGOBENI (012 358 0156) COUNCIL: 27 July 2017 1. TSHWANE METRO POLICE DEPARTMENT

UNAVAILABILITY OF AND TURNAROUND TIMES FOR REPAIRING VEHICLES OF THE METRO POLICE (From the Section 79 Standing Committee: Public Accounts: 17 March 2017 and the Section 79 Standing Committee: Public Accounts: 12 May 2017) The purpose of this report is to provide feedback to the Section 79 Standing Committee: Municipal Public Accounts (MPAC) on the unavailability of and turnaround times for repairing vehicles of the Tshwane Metro Police Department (TMPD) and measures to address the shortage of vehicles. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: That cognisance be taken of the contents and importance of the report.

49

HA ZAAYMAN (012 358 4363) COUNCIL: 27 July 2017 2. GROUP HUMAN CAPITAL MANAGEMENT DEPARTMENT

(HUMAN CAPITAL MANAGEMENT) REPORT ON VACANCIES IN THE CITY OF TSHWANE (From the Section 79 Standing Committee: Public Accounts: 12 May 2017)

The purpose of this report is to provide information regarding vacancies in the City of Tshwane (CoT). (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of the contents of the report. 2. That a quarterly report be submitted to the Section 79 Standing Committee:

Public Accounts highlighting the vacancies per department.

3. That a quarterly report from the Workforce Planning Committee be submitted to the Section 79 Standing Committee: Public Accounts highlighting the progress made in terms of the identification of priority positions as well as the filling of these positions.

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GM SHINGANGE (012 358 4018) COUNCIL: 27 July 2017 (COUNCIL IN COMMITTEE)

3. GROUP HUMAN CAPITAL MANAGEMENT PENDING SUSPENSIONS AND COST TO THE CITY, INCLUSIVE OF DISCIPLINARY HEARINGS AND PROCESSES (From the Section 79 Standing Committee: Public Accounts: 12 May 2017)

(Remark: At the Council meeting of 27 July 2017, the Chair of Chairs in terms of Section 42 of the Rules and Orders proposed that the Council resolve itself into Committee for purposes of consideration of this item and Council acceded to the proposal by the Chair of Chairs. In terms of Section 9(3) of the Rules and Orders By-law the minutes in relation to an item relating to a staffing matter considered by the Council in Committee must be kept separately from other minutes of the Council, and must be approved by the Council in Committee not later than the second ordinary meeting after the meeting to which the minutes relate).

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Makgorometje Makgata/Marike Brown (012 358 4571) COUNCIL: 27 July 2017 4. ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT

(CITY PLANNING) APPROVAL OF NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: SOUTH AFRICAN SURNAMES (PHASE 6) (From the Section 79 Standing Committee: Local Geographical Names: 9 June 2017)

The purpose of this report is to obtain approval for proposed names to populate the City of Tshwane’s Geographical Names Bank. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: That the proposed names, as indicated in Annexure A, be approved for the Geographical Names Bank.

52

Makgorometje Makgata/Marike Brown (012 358 4571) COUNCIL: 27 July 2017

5. ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT

(CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: SOUTH AFRICAN PHRASES: PHASE 21 (SEPEDI) (From the Section 79 Standing Committee: Local Geographical Names: 9 June 2017)

The purpose of this report is to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That the proposed names, as indicated in Annexure A, be approved for inclusion in the Geographical Names Bank.

53



(CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: SOUTH AFRICAN PHRASES: PHASE 17 (TSHIVENDA) (From the Section 79 Standing Committee: Local Geographical Names: 9 June 2017)

The purpose of this report is to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That the proposed names, as indicated in Annexure A, be approved for inclusion in the Geographical Names Bank.

54



(CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: SOUTH AFRICAN PHRASES: PHASE 14 (ISIZULU) (From the Section 79 Standing Committee: Local Geographical Names: 9 June 2017)

The purpose of this report is to obtain approval for proposed names to populate the City of Tshwane’s Geographical Names Bank. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That the proposed names, as indicated in Annexure A, be approved for inclusion in the Geographical Names Bank.

55



(CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: GRAMMAR AND PUNCTUATION MARKS (From the Section 79 Standing Committee: Local Geographical Names: 9 June 2017)

The purpose of this report is to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That the proposed names, as indicated in Annexure A, be approved for inclusion in the Geographical Names Bank.

56

JRK Thema (012 358 1723) COUNCIL: 26 May 2017 9. OFFICE OF THE SPEAKER

TERMS OF REFERENCE: SECTION 79 STANDING COMMITTEE: CIVILIAN OVERSIGHT (TSHWANE METROPOLITAN POLICE DEPARTMENT) (From the Section 79 Standing Committee: Civilian Oversight: 11 April 2017)

The purpose of the report is to submit the attached Terms of Reference of the Section 79 Standing Committee: Civilian Oversight (Tshwane Metropolitan Police Department), confirmed by Council at its meeting of 11 June 2011 and endorsed by Council on 31 August 2016, for cognisance and deliberation, with a view to confirm or amend the Terms of Reference of this Committee, if necessary. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That the Terms of Reference of the Section 79 Standing Committee: Civilian Oversight (Tshwane Metropolitan Police Department), confirmed.by the Council on 11 June 2011 and endorsed by the Council on 31 August 2016, be amended to read as follows: That the words “Portfolio Committee Community Safety” in the bullets 1 and 2 under the heading “What a Civilian Oversight Committee cannot do”, be replaced with the words “Section 79 Oversight Committee: Community Safety.

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JRK THEMA (012 358 1723) COUNCIL: 27 July 2017 10. OFFICE OF THE SPEAKER

REFERRAL OF THE SPEAKER’S RULING OF NOT EXCUSING COUNCILLOR MN MHLONGO DURING DISCUSSIONS ON ITEM B(I): REPORTS OF OVERSIGHGHT AND STANDING COMMITEES REPORTING DIRECTLY TO THE COUNCIL (From the Section 79 Standing Committee: Rules and Ethics: 22 March 2017)

The purpose of this report is for the Rules and Ethics Committee to determine whether the Speaker’s ruling of not excusing Councillor MN Mhlongo during the discussion of the said item contravened the provisions of the Rules and Orders By-laws. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of the contents of this report.

2. That the Speaker’s ruling for allowing Councillor MN Mhlongo to be part of the

discussions on the above item was correct.

3. That the Speaker’s ruling did not contravene any provision of the Rules and Orders and Code of Conduct for Councillors.

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JRK THEMA (012 358 1723) COUNCIL: 27 June 2017 11. OFFICE OF THE SPEAKER

REFERRAL OF THE SPEAKER’S RULING OF NOT ALLOWING THE EXECUTIVE MAYOR’S GUIDANCE ON THE SNAP DEBATE BY CLLR AM MALULEKA (From the Section 79 Standing Committee: Rules and Ethics: 22 March 2017) The purpose of this report is for the Rules and Ethics Committee to determine whether the Speaker’s ruling of not allowing the Executive Mayor’s guidance on a snap debate contravened the provisions of the Rules and Orders By-law. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED:

1. That cognisance be taken of the contents of this report.

2. That the Speaker’s ruling of not allowing the guidance and/or sustain the point

of order by the Executive Mayor on the basis that 30 minutes allocated for the snap debate had lapsed was correct.

3. That the ruling of the Speaker did not contravene the Rules and Orders By-

Laws.

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REFERRAL OF THE CONDUCT OF ALDERWOMAN CD PRINSLOO (ADV), COUNCILLOR S MAAS AND MMC C BRINK TO RULES AND ETHICS COMMITTEE BY COUNCILLOR MD MATSENA (From the Section 79 Standing Committee: Rules and Ethics: 22 March 2017)

The purpose of this report is for the Rules and Ethics Committee to determine whether the conduct of Ald CD Prinsloo (Adv.), Councillor S Maas and MMC C Brink contravened the provisions of the Rules and Orders By-law. IT WAS RECOMMENDED (TO THE COUNCIL: 27 JULY 2017): That the report regarding the referral by Councillor MD Matsena of the conduct of Alderwoman Adv CD Prinsloo, Councillor S Maas and MMC C Brink during the Council meeting of 27 September 2016, be withdrawn as it was found to be a baseless allegation due thereto that the recording system was not working at the time Councillor MD Matsena referred the matter to the Section 79 Standing Committee: Rules and Ethics and no proof of the incident could therefore be provided to properly address the allegation. During consideration of this item by Council on 27 July 2017, Cllr S Maas seconded by Cllr CF Bekker proposed the following amendments:

(Unaltered)

“That recommendation one be reworded to read:

1. “That cognisance be taken of the report regarding the referral by Councillor MD Matsena of the conduct of Alderwoman Adv CD Prinsloo, Councillor S Maas and MMC C Brink during the Council meeting of 27 September 2016, as it was found to be a baseless allegation due to the fact that no proof of the incident could be provided to properly address the allegation.”

2. “That Cllr MD Matsena be ordered to apologize for the allegations

he has made against Alderwoman CD Prinsloo (Adv), Councillor S Maas and MMC C Brink in terms of Section 36(2), failing which, Council should invoke item 14(2)(a) or (b) or (c) or (d) or (e) of the Code of Conduct.”

Hereafter the following Councillors participated in a debate: AM Maluleka RJ Kekana JP Rammushi RT Mashego Ald AWMK Mosupyoe-Letsholo

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Since consensus could not be reached on the proposed amendments, the Speaker indicated that the matter would be subjected to a vote. Before a vote could be conducted, the Chief Whip of Council (Cllr CH Van den Heever) requested a caucus for consultation in this regard. After the caucus, Cllr Maas explained that he was withdrawing his proposed amendments following the discussion during the caucus. The Chair of Chairs (Ald GC Pretorius) subsequently addressed the Council and thereafter, in terms of Section 13(5) of the Rules and Orders referred this report back to the Section 79 Standing Committee: Rules and Ethics. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That this report be referred back to the Section 79 Standing Committee: Rules and Ethics.

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REFERRAL OF THE RULING BY THE SPEAKER TO ESTABLISH A COMMITTEE TO INVESTIGATE THE CONDUCT OF COUNCILLORS TO RULES AND ETHICS COMMITTEE BY COUNCILLOR MD MATSENA (From the Section 79 Standing Committee: Rules and Ethics: 22 March 2017)

The purpose of this report is for the Rules and Ethics Committee to determine whether the ruling by the Speaker to establish a committee to investigate the conduct of councillors contravened the provisions of the Rules and Orders By-law. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognizance be taken of the contents of this report. 2. That the Speaker’s ruling to have a special committee established to

investigate the conduct of Councillors during the Council meeting of 27 September 2017, was correct.

3. That the Speaker’s ruling did not contravene any provision of the Rules and

Orders and/or Code of Conduct for Councillors.

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REFERRAL OF SEXUAL ASSAULT ALLEGATION MADE BY CLLR EAL BOTHA AGAINST CLLR JK MASILELA (From the Section 79 Standing Committee: Rules and Ethics: 22 March 2017) The purpose of this report is for the Rules and Ethics Committee to determine whether the sexual assault allegation made by Councillor EAL Botha against Councillor JK Masilela violated the provisions of the Rules and Orders By-laws.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognizance be taken of this report. 2. That the Speaker was correct by ruling Councillor EAL Botha as being out of

order for the allegations he made against Councillor JK Masilela.

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JRK THEMA (012 358 1723) Council: 27 July 2017 15. OFFICE OF THE SPEAKER

REFERRAL OF COUNCILLOR EAL BOTHA FOR REFUSING TO ACCEDE TO THE SPEAKER’S ORDER BY THE CHIEF WHIP OF COUNCIL (From the Special Section 79 Standing Committee: Rules and Ethics: 19 April 2017) The purpose of this report is for the Rules and Ethics Committee to determine

whether refusal by Councillor EAL Botha to accede to the Speaker’s order amounts

to a contravention of the Rules and Orders By-laws.


RESOLVED: 1. That cognisance be takenof the content of this report. 2. That, based on the verbatim that Councillor EAL Botha did not use the word

rapist, he does not need to withdraw it.

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REFERRAL OF THE SPEAKER’S RULING TO DISALLOW A MOTION TABLED BY COUNCILLOR MD MATSENA PERTAINING TO ALLEGATIONS THAT MMC M FOURIE WAS INVOLVED IN THE CLANDESTINE OPERATION OF DIVERSION OF THE INSURANCE CLAIM PAID TO LOOK INTO THE REBUILDING OF MUNITORIA (From the Special Section 79 Standing Committee: Rules and Ethics: 19 April 2017)

The purpose of this report is for the Rules and Ethics committee to determine whether

the ruling made by the speaker to disallow Cllr MD Matsena’s Motion pertaining to

allegations that MMC M Fourie was involved in the clandestine operation of diversion

of the insurance claim paid to look into the rebuilding of Munitoria constitutes a

contravention of the Rules and Orders By-Laws.


RESOLVED: 1. That cognisance be taken of the contents of this report. 2. That the Speaker’s ruling to disallow the motion was in order and in line with

the Rules and Orders By-Laws.

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JRK THEMA (358 1723) COUNCIL: 27 July 2017 17. OFFICE OF THE SPEAKER

REFERRAL OF REMARKS BY COUNCILLOR SP MONTLHA THAT THE SPEAKER’S ATTITUDE RENDERS HER USELESS BY COUNCILLOR K MEYER (From the Special Section 79 Standing Committee: Rules and Ethics: 19 April 2017) The purpose of this report is for the Rules and Ethics Committee to determine whether the remarks your attitude renders you useless made by Councillor SP Montlha towards the Speaker of Council, amounts to the contravention of the Rules and Orders By-Laws.


RESOLVED: 1. That cognisance be taken of the contents of this report. 2. That Councillor SP Montlha allegedly contravened Sections 36(1) and 41(3) of

the Rules and Orders By-Laws.

3. That Councillor SP Montlha be ordered to withdraw his statement and apologises to the Speaker for impairing the dignity of Council.

4. That, should Councillor SP Montlha fail to withdraw and apologise, item 13 and

14 of the Code of Conduct for Councillors be invoked.

(Remark:

At the Council meeting of 27 July 2017, Cllr SP Montlha was not ordered to withdraw his statement and apologize to the Speaker for impairing the dignity of Council in line with resolution 3 of this report, hence Cllr Montlha has not done so.)

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REFERRAL OF REMARKS BY COUNCILLOR MD MATSENA THAT THE COUNCIL WILL BE CHAOTIC (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017)

The purpose of this report is for the Rules and Ethics Committee to determine whether the remarks made by Councillor MD Matsena towards the Speaker of Council, amounts to the contravention of the Rules and Orders By-Laws and Code of Conduct for Councillors.


RESOLVED: That cognisance be taken of the contents of this report.

67


REFERRAL BY ALDERWOMAN AWMK MOSUPYOE-LETSHOLO REGARDING THE MANNER IN WHICH THE SPEAKER WAS PRESIDING OVER COUNCIL (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017) The purpose of this report is for the Rules and Ethics Committee to determine whether the manner in which the Speaker was presiding over Council contravenes the provisions of the Rules and Orders By-laws.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of this report. 2. That the Speaker must apply the provisions of the Rules and Orders By-laws

consistently and equally. 3. That it be noted that the Speaker is not in a position in terms of Section 38(1)

and (2) to refuse an opportunity to rise on points of order or information.

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REFERRAL OF ACCOUNTS IN ARREARS FOR MORE THAN 90 DAYS ALLEGEDLY BELONGING TO THE EXECUTIVE MAYOR COUNCILLOR S MSIMANGA, COUNCILLOR ZC KHUMALO, COUNCILLOR GP VISSER AND COUNCILLOR C BRINK (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017)

The purpose of this report is for the Rules and Ethics Committee to determine whether accounts in arrears for more than 90 days allegedly belonging to Executive Mayor Cllr S Msimanga, Cllr ZC Khumalo, Cllr GP Visser and Cllr C Brink constitute contravention of the provisions of the Rules and Orders By-law by the aforementioned Councillors, as per the referral by Councillor Refilwe Kekana. (A copy of the relevant report is filed with the official Minutes of this meeting) IT WAS RECOMMENDED (TO THE COUNCIL: 27 JULY 2017): 1. That cognisance be taken of the contents of this report.

2. That it be noted that the Code of Conduct for Councillors and relevant Council

policies prescribe as to how Councillors, in case of arrear amounts for municipal services, must be dealt with.

During consideration of this item by Council on 27 July 2017, Cllr C Bosch seconded by Cllr P Sutton proposed the following additional recommendations:

(Unaltered)

“3. That Cllr Marishane apologises unreservedly in this Council sitting, in terms of Section 36 of the Rules and Orders to the Executive Mayor Msimanga, MMC Brink, Chairperson Khumalo and Cllr Visser for the defamatory accusations he made during the Council sitting of September 2016.

4. That a Forensic investigation be launched to determine whether

any municipal officials are complicit in sharing private account information of Councillors with Cllr Marishane and if Cllr Marishane acted unlawful in obtaining such information as he alleged to have in his possession during his speech of the September 2016 Council Meeting.”

Hereafter the following Councillors participated in a debate on the proposed amendments, in particular recommendation 4: AM Maluleka P Sutton Ald AWMK Mosupyoe-Letsholo

69

RT Mashego Following deliberations on the matter, Cllr Bosch indicated that she was withdrawing the proposed recommendation 4, whereafter it was resolved as set out below: RESOLVED: 1. That cognisance be taken of the contents of this report.

2. That it be noted that the Code of Conduct for Councillors and relevant Council

policies prescribe as to how Councillors, in case of arrear amounts for municipal services, must be dealt with.

3. That Cllr Marishane apologises unreservedly in the Council sitting, in terms of

Section 36 of the Rules and Orders to the Executive Mayor Msimanga, MMC Brink, Chairperson Khumalo and Cllr Visser for the defamatory accusations he made during the Council sitting of September 2016.

(Remark: At the Council meeting of 27 July 2017, Cllr MS Marishane apologized to the affected Councillors for the accusations he made during the Council sitting of September 2016 in line with resolution 3 of this report.)

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REFERRAL OF THE SPEAKER FOR NOT ALLOWING COUNCILLOR AM MALULEKA TO ADDRESS COUNCIL ON A POINT OF INFORMATION (DURING DISCUSSION OF THE DEMISE OF FIDEL CASTRO UNDER UNOPPOSED PROPOSALS BY THE SPEAKER) (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017) The purpose of this report is for the Rules and Ethics Committee to determine whether the Speaker contravened the provisions of the Rules and Orders By-law, by not allowing Councillor AM Maluleka to address Council on a point of information. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That cognisance be taken of the contents of this report.

2. That the Speaker’s ruling of not allowing Councillor AM Maluleka to address

Council on a point of information was correct and in line with the Rules and Orders By-laws.

3. That the Speaker must always apply the Rules and Orders By-laws

consistently as prescribed in Section 38(3).

71


REFERRAL OF REMARKS BY COUNCILLOR LE MAKHUBELA THAT THE SPEAKER IS PERPETUATING MEDIOCRITY (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017)

The purpose of this report is for the Rules and Ethics Committee to determine whether the remark “mediocrity” made by Councillor LE Makhubela towards the Speaker of Council, amounts to the contravention of the Rules and Orders By-Laws. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That the referral of the remarks by Councillor LE Makhubela, namely, that the Speaker is perpetuating mediocrity, be withdrawn.

72


REFERRAL OF LACK OF MATRIC REMARKS MADE BY COUNCILLOR RT MASHEGO TOWARDS COUNCILLOR MO MABOGWANA BY COUNCILLOR OS RAMABODU (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017) The purpose of this report is for the Rules and Ethics Committee to determine whether the allegation made by Councillor RT Mashego that Councillor MO Mabogwana does not have matric contravenes the provisions of the Rules and Orders By-laws and Code of Conduct for Councillors. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That cognisance be taken of this report. 2. That it be noted that Councillor RT Mashego at this Council meeting withdrew

his remarks in terms of Section 36(2) of the Rules and Orders By-Laws.

73


REFERRAL BY COUNCILLOR MGR MORUDU AGAINST THE DA COUNCILLOR WHO BROUGHT A CHILD INSIDE COUNCIL (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017) The purpose of this report is for the Rules and Ethics Committee to determine whether the Councillor, by bringing a child inside Council, contravened the provisions of the Rules and Orders By-laws.

(A copy of the relevant report is filed with the official Minutes of this meeting) During consideration of this item by Council on 27 July 2017, the following Councillors participated in a debate: AM Maluleka J Uys C Bosch Ald AWMK Mosupyoe-Letsholo M Sutherland It was thereafter resolved as set out below: RESOLVED: That the referral by Councillor MGR Morudu against the DA Councillor who brought a child inside Council, be withdrawn.

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REFERRAL OF THE SPEAKER’S ALLEGED CONDUCT OF ACTIVELY PARTICIPATING IN DEBATES AND OF IMPARTIALLY APPLYING THE RULES AND ORDERS BY-LAWS BY COUNCILLORS MD MATSENA AND RJ KEKANA (From the Section 79 Standing Committee: Rules and Ethics: 23 June 2017)

The purpose of this report is for the Rules and Ethics Committee to determine whether Speaker’s alleged conduct of actively participating in debates and impartially applying the Rules and Orders By-Laws contravened the provisions of the Rules and Orders By-laws.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of the contents of this report.

2. That Speaker’s ruling was consistent with the provisions Section 37 of the

Municipal Structures Act and the Rules and Orders.

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Priza Mantsena (358 7029) COUNCIL: 27 July 2017 26. GROUP LEGAL SERVICES DEPARTMENT

QUARTERLY PERFORMANCE REPORT REGARDING CASES PURSUED, SUCCESSES AND LOSS RATE (From the Section 79 Standing Committee: Public Accounts: 9 June 2017)

The Section 79 Oversight Committee: Public Accounts requested a comprehensive quarterly reports on its performance in the 2016/17 financial year with statistical breakdown of cases pursued, successes and loss rate.


RESOLVED: 1. That the Committee takes cognisance of the report. 2. That, going forward, the City of Tshwane respect the rule of law with specific

reference to the Labour Relations Act and the Basic Conditions of Employment Act.

3. That Departmental Heads working with labour related matters be properly educated and/or advised in this regard to ensure a fair system and conducive relationship for both employer and employee.

76

8/3 U Banda (012 358-8100) COUNCIL: 27 July 2017

27. GROUP FINANCIAL SERVICES DEPARTMENT (FINANCIAL REPORTING AND ASSETS) CREDITORS AGE ANALYSIS AS AT 31 MARCH 2017 FOR THE CITY (From the Section 79 Standing Committee: Public Accounts: 9 June)

The purpose of this report is to update the Municipal Public Accounts Committee (MPAC) of the creditor’s age analysis for the City. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED:

That cognizance is taken of the creditor’s age analysis as at 31 March 2017.

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U BANDA (012 358 8100) COUNCIL: 27 July 2017 28. GROUP FINANCIAL SERVICES DEPARTMENT

REVENUE REPORT TO MUNICIPAL PUBLIC ACCOUNT COMMITTEE (MPAC) (From the Section 79 Standing Committee: Public Accounts: 9 June 2017)

The purpose of the report is to present the billing vs payment, percentage collected for financial year 2015/2016 and from July 2016 to October 2016 as requested by the Municipal Public Account Committee.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That cognisance be taken of the content of this report.

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Mr Jafta Mhlongo (012 358 2250)

COUNCIL: 27 July 2017

29. GROUP AUDIT AND RISK DEPARTMENT

STAFF ESTABLISHMENT OF THE DEPARTMENT GROUP AUDIT AND RISK

(From the Section 79 Standing Committee: Public Accounts: 9 June 2017)

The purpose of this report is to inform the Section 79 Standing Committee: Municipal Public Accounts on how many staff Group Audit and Risk currently have and also how many staff are needed to perform optimally, to ensure internal controls are maintained, improved and audited. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the Municipal Public Accounts Committee takes cognizance of the

contents of the report. 2. That, in the City’s aim for a clean audit outcome, and given the budgetary

constraints, that the vacancy rate be reviewed bi-annually in the form of a report, to ensure that the City of Tshwane capacitate this Department over a period at time in terms of the micro structure.

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Priza Mantsena (012 358 7029) COUNCIL: 27 July 2017 30. LEGAL AND SECRETARIAT SERVICES DEPARTMENT

CONTINGENCY LIABILITIES FOR THE 2015/2016 AND 2016/17 FINANCIAL YEARS UP TO 31 MARCH 2017 (From the Section 79 Standing Committee: Public Accounts: 9 June 2017) The purpose of this report is to provide the Municipal Public Accounts Standing Committee with a report that the Committee requested stating that, since provisions were not made for contingent legal liabilities in the financial statements, the executive drafts a comprehensive report on the number of legal cases pending, inclusive of the potential outcome of said cases. This report should further break down the contingent liabilities by:

a. Potential outcome and settlements; and b. Legal costs.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That the cognisance be taken of this report.

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8/3 U Banda (012 358 8100) COUNCIL: 27 July 2017 31. GROUP FINANCIAL SERVICES DEPARTMENT

(FINANCIAL REPORTING AND ASSETS) CREDITORS AGE ANALYSIS AS AT 30 APRIL 2017 FOR THE CITY (From the Section 79 Standing Committee: Public Accounts: 9 June 2017)

The purpose of this report is to update the Municipal Public Accounts Committee (MPAC) of the creditor’s age analysis for the City.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That cognizance is taken of the creditor’s age analysis as at 30 April 2017.

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JRK THEMA (012) 358-1723 COUNCIL: 27 July 2017 32. OFFICE OF THE SPEAKER

OVERSIGHT REPORT ON GROUP FINANCIAL SERVICES DEPARTMENT MUNICIPAL FINANCE MANAGEMENT ACT (MFMA) IN-YEAR FINANCIAL REPORT (MONTHLY BUDGET STATEMENT) FOR THE PERIOD ENDING 30 APRIL 2017 (From the Section 79 Standing Committee: Public Accounts: 9 June 2017)

This report provides oversight findings on the In-year Financial Report (Monthly Budget Statement) for the period ending 30 April 2017 as submitted to Council on 25 May 2017, in compliance with Sections 71 of the Municipal Finance Management Act (MFMA) Number 56 of 2003, read together with the Municipal Budget and Reporting Regulations (Government Notice: 32141 of 17 April 2009). (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the Accounting Officer present a report to MPAC in the oversight meeting

of July 2017, outlining reasons for shortfalls experienced during April 2017 and remedial actions implemented to rectify these.

2. That the Accounting Officer submit evidence to MPAC in July 2017, confirming

that necessary documentation was submitted to the Executive Mayor, National and Provincial Treasury in line with legislative imperatives.

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JRK THEMA (012) 358-1723 COUNCIL: 27 July 2017 33. OFFICE OF THE SPEAKER

OVERSIGHT REPORT ON GROUP FINANCIAL SERVICES DEPARTMENT MUNICIPAL FINANCE MANAGEMENT ACT IN-YEAR FINANCIAL REPORT (MONTHLY AND THIRD QUARTER BUDGET STATEMENT) FOR THE PERIOD ENDING 31 MARCH 2017 (From the Section 79 Standing Committee: Public Accounts: 9 June 2017) This report provides oversight findings on the In-year Financial Report (Monthly and Third Quarter Budget Statement) for the period ending 31 March 2017. The report under review was submitted to Council on 25 April 2017 in compliance with Sections 52 (d) and 71 of the Municipal Finance Management Act (MFMA) read together with the Municipal Budget and Reporting Regulations (Government Notice: 32141-17 April 2009).

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That remedial actions implemented to curb or rectify shortfalls highlighted in

the report, be submitted by the Accounting Officer in the MPAC meeting of August 2017, consistent with Council resolution 3 (Annexure A of this report) and legislative provisions.

2. That proof of the In-year Financial Report (Monthly and Third Quarter Budget

Statement) for period ending 31 March 2017 submitted to National Treasury and the Provincial Treasury, be circulated by the City Manager, for the MPAC meeting of July 2017.

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((b)(ii) RESOLUTIONS BY OVERSIGHT AND STANDING COMMITTEES

REPORTING TO COUNCIL (ANNEXURES B AND B.1)

During the debate of Annexures B and B.1 at the Council meeting of 27 July

2017, no proposal was made for the Section 79 Standing Committee: Petitions to reconsider any resolution.

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G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN

There were none.

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H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS MEETING OF COUNCIL: 25 MAY 2017 There were none.

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I. NEW MOTIONS

There were none.

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J. PETITIONS

The following Petitions were submitted at the Council meeting of 27 July 2017 in terms of Section 16(1) of the Rules and Orders:

1. Petition regarding renovation and re-opening of the car wash facility located at the

corner of Tsamaya and Kgomo roads, Mamelodi, Ward 28. (by Cllr P Zitha)

2. Petition submitted by residents of Sections O and Tsakane, regarding maintenance of Bridges, Ward 28. (by Cllr P Zitha)

3. Petition submitted by the residents of Extension 20, Mamelodi East at Abia Khoza and

Maluleke Streets regarding a request for the upgrade of the Transformer at 15656 pole and 12B, Ward 40. (by Cllr SD Maja)

4. Petition submitted by residents of Mamelodi regarding service delivery at Tima, Ward

93. (by Cllr NR Masupha) 5. Petition regarding rehabilitation and construction of the road at Mabona Street,

replacement and repair of the street light at Mabona Street and traffic calming measures (speed humps), Ward 102. (by Cllr NR Mathenjwa)

6. Petition regarding a request for the upgrade of Road and Storm Water at Block E,

Soshanguve, Region 1, Ward 29. (by Cllr FE Nkosi) 7. Petition submitted by Letlotlo residents regarding the development of Letlotlo Informal

Settlement, Mabopane, Ward 12. (by Cllr F Dlamini) 8. Petition submitted by J Khoza regarding the maintenance of Tsakane, Khalambazo

and S&S parks in Ward 23. (by Cllr JN Mokhare) 9. Petition submitted by P Mavundla regarding the installation of traffic lights at Mveledco

and Tlakulani Primary Schools in Ward 23. (by Cllr JN Mokhare)

10. Petition submitted by P Mavundla regarding the upgrade of internal roads, sidewalks and drainage system in Ward 23. (by Cllr JN Mokhare)

11. Petition submitted by D Mashimbye regarding the fixing of high mast lights in at Tsomo

Street (Sindowanye Primary School), Phanama Street (Monaco Shop) Somo and Ledwaba (Lompec) 12498 Tsakani Section (Tlakukani Primary School), Ward 23. (by Cllr JN Mokhare)

12. Petition submitted by T Makhubela regarding the cleaning of the storm water channel

at Tsakani Section and the one at Tsomo and Tsamaya Road in Ward 23. (by Cllr JN Mokhare)

13. Petition submitted by R Mtshweni regarding traffic culming measures/speed humps at

David Lukhele, Vilakazi Dumehlezi Streets and Sibande Avenue in Ward 23. (by Cllr JN Mokhare)

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14. Petition submitted by R Mtshweni regarding the upgrade of internal roads, sidewalks and drainage system at Ringane, Mokhondo and Dumehlezi Streets in Ward 23. (by Cllr JN Mokhare)

15. Petition submitted by L Matlala regarding traffic culming measures at Fifth Avenue and

Eighth Avenue in Ward 23. (by Cllr JN Mokhare) RESOLVED:

That the abovementioned Petitions be referred to the Section 79 Standing Committee: Petitions to be dealt with in terms of Section 16(2) of the Rules and Orders.

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K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF THE MEETING, AT THE DISCRETION OF THE SPEAKER


Approval of the City of Tshwane By-Law on Ward Committees ……….. 89

2. Office of the Chief Whip Request for an Establishment of a City of Tshwane Women Caucus commencing in the 2017/18 FY ………………………………….. 90


Report on the Implementation of the Councillor Performance Management System and the Assessment of Councillors for Quarter 4 (April – June) of the 2016/17 Financial Year ………………………….... 91


Amendments to the policy on the capacitation of party caucus ………… 92

5. Snap Debate on Colonialism ……………………………………………….. 93

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TJ BABANE (012) 358 8065 COUNCIL: 27 July 2017 1. OFFICE OF THE SPEAKER

APPROVAL OF THE CITY OF TSHWANE BY-LAW ON WARD COMMITTEES The purpose of this report is in twofold:

• To provide feedback on the inputs from public consultation on the City of Tshwane Draft By-law on Ward Committees as approved in principle by Council on 30 March 2017.

During consideration of this item by Council on 27 July 2017, and after Cllr AM Maluleka addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED:

1. That cognisance be taken of the contents of this report and its Annexures. 2. That the proposed City of Tshwane Draft By-Law on Ward Committees, 2017.

(attached as Annexure “A” hereto) be approved and accordingly adopted as a by-law for the City of Tshwane.

3. That the effective date for the enactment of the abovementioned by-law be the

date of promulgation in the Provincial Gazette (Remark: At the Council meeting of 27 July 2017, 154 Councillors voted in favour of the Ward Committee By-law in accordance with Section 160(3)(b) of the Constitution).

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NASIPHI MOYA (012 358 6246) COUNCIL: 27 JULY 2017 2. OFFICE OF THE CHIEF WHIP OF COUNCIL

REQUEST FOR AN ESTABLISHMENT OF A CITY OF TSHWANE WOMEN CAUCUS COMMENCING IN THE 2017/18 FY. The purpose of this report is to request an establishment a City of Tshwane Women Caucus commencing in the 2017/18 Financial Year.


During consideration of this item by Council on 27 July 2017, and after Councillors C Bosch, AA Ndlovana and NP Mnguni addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That the Multiparty Whippery takes cognizance of the contents of this report.

2. Approves the establishment of a City of Tshwane Women Caucus as one of the

platforms to ensure welfare and capacity building of women councilors.

3. That the office of the Chief Whip of Council provides the necessary support.

4. That representative of City of Tshwane Women Caucus be awarded an observer and advisory status at the Multiparty Whippery.

5. That Annexure A: 2017/18 Multiparty Women Caucus be approved.

6. That the framework of the City of Tshwane Multiparty Women Caucus Programme, taking into consideration the inclusion of other “vulnerable” groups, be reviewed annually.

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NASIPHI MOYA (012 358 6246) COUNCIL: 27 JULY 2017 3. OFFICE OF THE CHIEF WHIP OF COUNCIL

REPORT ON THE IMPLEMENTATION OF THE COUNCILLOR PERFORMANCE MANAGEMENT SYSTEM AND THE ASSESSMENT OF COUNCILLORS FOR QUARTER 4 (APRIL – JUNE) OF THE 2016/17 FINANCIAL YEAR

The purpose of the report is provide a progress report to the Council on the implementation of the councillor performance management system and the assessment of councillors for quarter 4 of the 2016/17 financial year.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of the contents of the report.

2. That cognisance be taken of the quarter 4 (April – June 2017) results of the

councillor performance assessment conducted by the Office of the Chief Whip.

3. That the Chief Whip of Council together with party whips ensures greater enforcement of councillors attendance of Council, committee and party caucus meetings.

4. That the Chief Whip of Council applies the provisions of the Council-approved

leave policy where necessary.

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NASIPHI MOYA (012 358 6246) COUNCIL 27 JULY 2017 4. AMENDMENTS TO THE POLICY ON THE CAPACITATION OF PARTY CAUCUS

The report aims to submit amendments to the policy governing utilisation of the Caucus Management Fund GL Account No. 412209 in the Office of the Chief Whip. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED:

1. That the Multiparty Whippery takes cognizance of the contents of this report.

2. That the Multiparty Whippery approves the 6% increase in the 2017/18 FY

Caucus Management Fund allocation.

3. That the Caucus Management Fund expenditure commence upon approval of

the revised Policy on Caucus Management Fund.

4. That the Multiparty Whippery approves the allocation of the R25 970 remainder

to minority parties as was resolved for the 2016/17 FY on 28 March 2017.

5. That the Office of the Chief Whip communicates the allocations to individual

caucuses.

6. That the Office of the Chief Whip submits the revised policy to Council on 27

July 2017.

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SNAP DEBATE ON COLONIALISM The Speaker in terms of Section 8(1)(k)(ii) and (iii) gave the following Councillors opportunity to participate in the abovementioned Snap Debate: Cllr JL Griffiths (DA) Cllr K Mafole (EFF) Cllr LE Makhubela (ANC) Cllr D Selowa (DA) Cllr BHJ Erasmus (FF+) Cllr A Kissoonduth (ACDP) Cllr PB Hlatshwayo (ANC) Cllr S Nkwane (COPE) Cllr LJ Lekgoathi (PAC) Cllr SB Tshabane (EFF) Cllr TT Mohlamme (DA) Following the debate, the Speaker enquired as to whether there was a written proposal from the floor that would serve as the City of Tshwane’s resolution, or pledge in this regard. In response, Cllr AM Maluleka indicated that there was none at that stage, however, he would write something to the Office of the Speaker through the multiparty caucus.

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L. CONCLUSION

The Speaker thanked all Councillors for their valuable inputs during the meeting and concluded the meeting at 19:00.

Documents

Minutes Council 27 July 2017 - tshwane.gov.za · 1. Chauke SR 2. Chilwana NM 3. Disoloane KB 4. Kgwedi DI 5. Lekgothoane JL 6. Letlonkoene TK 7. Maboa PP 8. Mabogwana MO 9. Machaba