SPECIAL COUNCIL MEETING MINUTES

MINUTES OF THE SPECIAL COUNCIL MEETING HELD ON WEDNESDAY, 24 AUGUST 2016 AT 10:00 IN THE COUNCIL CHAMBERS, RHENIUS STREET, SWELLENDAM

PLEASE RETAIN THIS DOCUMENT FOR RECORD PURPOSES AS IT WILL NOT BE CIRCULATED AGAIN.Yours sincerely

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BO SONQWENQWE DATE

SPEAKER

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Item number AGENDA Page

1. Opening and welcoming 3

2. Election of acting speaker, if necessary 3

3. Application for leave of absence 3

4. Disclosure of interests by councillors 5

5. Consideration of matters 6

5.1 Items submitted by officials of council 6

5.1.1 A170 ADJUSTMENT BUDGET: MEDIUM TERM REVENUE AND EXPENDITURE FRAMEWORK 2016/2017 (ROLL OVER BUDGET)

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5.2 Consideration of matters which require non-disclosure 13

5.3 Consideration of urgent matters 13

5.3.1 A171 COUNCIL RECESS 1 TO 10 OCTOBER 2016 14

6. Closure 16

1. OPENING AND WELCOMING

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Rules of Order regulating the conduct of Meetings of the Council of the Municipality of Swellendam (Provincial Gazette 6347 dated 3 March 2006)PART 3: MEETINGS4. Commencement of Meeting

The speaker must take the chair precisely at the time for which the meeting is convened and must proceed immediately with the business of the meeting subject to section 14.

14. Quorum(1) A majority of the members constitutes the quorum.(2) If there is no quorum at the time for which the meeting is scheduled, the speaker must take the chair as soon as

a quorum is present.(3) Whenever there is no quorum, the start of the meeting must be delayed for no longer than 30 minutes and if at

the end of the period, there is no quorum, the speaker must adjourn the meeting to another time, date and venue at his or her discretion and record the names of those members present.

(4) Whenever the speaker is not present and there is no quorum, the municipal manager must act in accordance with the procedure prescribed in terms of subsection 14(3).

(5) Whenever during a meeting there is no quorum, the speaker must suspend the proceedings until a quorum is again present or adjourn the meeting if a longer time has passed than the speaker has allowed and there is still no quorum.

(6) Whenever a meeting is adjourned owing to the absence of a quorum, the speaker must convene a meeting within seven (7) days where the rest of the matters on the agenda must be dealt with.

At 10h00 the Speaker called the meeting to order and welcomed everybody and call a minute of silence for individual prayer. The Speaker especially welcomes Director of Infrastructure Services, Mr Erasmus, to the meeting.

1.1 Announcement of Councillors’ birthdays

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2. ELECTION OF ACTING SPEAKER, IF NECESSARYLocal Government: Municipal Structures Act, 1998 (Act 117 of 1998)41. Acting speakers

If the speaker of a municipal council is absent or not available to perform the functions of speaker, or during a vacancy, the council must elect another councillor to act as speaker.

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3. APPLICATION FOR LEAVE OF ABSENCERules of Order regulating the conduct of Meetings of the Council of the Municipality of Swellendam (Provincial Gazette 6347 dated 3 March 2006)PART 3: MEETINGS11. Leave of Absence

A member who wishes to absent himself or herself from meetings must act in accordance with the rules relating to the leave of absence from the council as determined by council.

Item A2481: Council meeting of 21 November 2013:PROPOSED AMENDMENTS – ITEM A2446 OF 7 OCTOBER 2013: RULES OF ORDER AND PROCEDURES WITH REGARDS TO ALLEDGED TRANSGRESSION OF THE CODE OF CONDUCT FOR COUNCILLORS1. That the following procedures be reconfirmed by means of which councillors may apply for leave of absence from ’n

council meeting:LEAVE OF ABSENCE1. Application for leave of absence from a meeting of the Council must be addressed to the Speaker of Council in writing

and signed by the member who is applying for such leave.2. The Speaker of Council may only consider applications for leave of absence which are in writing. Applications for

leave of absence which are not in writing may not be considered.3. Notwithstanding Section 2 above, applications for leave of absence from a meeting are deemed to have been granted

if:3.1 the Council or Mayor delegated the relevant member to act elsewhere on behalf of the Council in a matter; or

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3.2 if the Council requests the member to leave the relevant meeting in circumstances envisaged in Item 3(b) of the code of conduct of Schedule 1 to the Systems Act, or the member recuses him/herself.

4. The Speaker may, subject to Sections 2 and 3 above, grant leave of absence to a member for the following reasons:4.1 illness of the member , a medical certificate must be handed to the office of the Speaker in this regard , within 5

working days after the Council meeting , for which leave of absence was applied by the member as proof of illness.  

4.2 essential business or personal commitments, or personal circumstances of the member.4.3 When the member is not permitted to attend the meeting due to circumstances envisaged in item 3(b) of the

Code of Conduct for Councillors in Schedule 1 to the Systems Act;4.4 Any other circumstances where the member is prevented from attending the meeting.

2. That the following revised fines are imposed in respect of situations where councilors fails to remain in attendance of council meetings: FINES IN TERMS OF PARAGRAPH 4(2)(b) OF THE CODE OF CONDUCT FOR COUNCILLORSIn the case where the accused councillor was convicted that he or she failed to remain in attendance at a meeting of the Council, the Council may impose the following penalties:

a. 1st transgression, 10 % of the Councillor’s monthly remuneration; b. 2nd transgression, 15 % of the Councillor’s monthly remuneration;c. 3rd transgression, 20 % of the Councillor’s monthly remuneration;d. 4th transgression, 25%of the Councillor’s monthly remuneration; and e. 25% for each subsequent transgression.

3. That the disciplinary committee, as established, handles complaints against councilors who are guilty of paragraph 4(2)(b) of the code of conduct Councillors as per schedule 1 of Municipal Systems Act, 2000 ( Act 32 of 2000).

3.1 A blank application for leave of absence form is enclosed

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3.2 The attendance registers will be available at the meeting

Rules of Order regulating the conduct of Meetings of the Council of the Municipality of Swellendam (Provincial Gazette 6347 dated 3 March 2006)PART 3: MEETINGS10. Attendance of meetings

(1) Every member attending a meeting of the council must sign his or her name in the attendance register kept for such purpose.

(2) A member must attend each meeting except when-(a) leave of absence is granted in terms of section 11; or(b) the member is required to withdraw in terms of law.

ANC requested a caucus at 10h04Meeting reconvened at 10h15

Cllr G. Libazi made the following decleration:

Aan: Speaker en Swellendam Munisipale Raad

Asook aan Minister van COGTA, MEC Bredell en ook aan voorsitter van portefeulje komitee belas met plaaslike regering in die Nasionale Parlement asook SALGA.

In die eerste plek sê ons dankie vir ons Hemelse Vader dat ons as Raadslede en amptenare as ’n Munisipale Raad kan afskop en ons verwelkom ook die publiek in die galery. As alle raadslede is ons hier om die gemeenskap van Swellendam te dien. Ons as ANC en DA raadslede het ’n eed afgelê om volgens die Grondwet van Suid-Afrika en ook alle munisipale wetgewing te eerbiedig en na te kom. Ons stem dus nie saam met die nuwe Speaker van Swellendam Munisipaliteit oor hoe vanoggend se raadsvergadering moet plaasvind nie. Swellendam Munisipale Raad se inhuldigings vergadering was die 17de Augustus 2016 en vandag, 7 dae later, is die eerste Raadsvergadering.

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In die eerste plek is ons ’n nuwe Raad en alle raadslede is nuwe raadslede. Hierdie raad kan nie afskop om sommer besluite oor finansies en ander belangrike sake te neem onder andere Code of Conduct en ander sake nie.

1. SALGA se induksie werkswinkel om juis raadslede op te lei om alle munisipale wetgewing te verstaan is vanaf 5 – 9 September 2016.

2. Daarna moet ons as ’n raad ’n werkswinkel het om die begroting en aansuiwerings begroting deeglik deur te gaan, want ons as ’n raad het geen aandeel gehad in die goedkeuring in die aansuiwerings begroting en begroting nie. Ons kan nie gebruik word as ’n verlengingstuk van die ou raad nie. Verder oor enige beleide moet die raad eers werkswinkels belê waar beleide deeglik bespreek kan word en dan moet dit raad toe kom om aanvaar te word. Want ons weet nie wat moontlik kan verander het nie en sodoende as raad moet ons seker maak dat alle beleide volgens die Grondwet van Suid-Afrika opgestel is. Verder is geen Portefeulje Komitees in plek nie en dit is onmoontlik dat die raad vanoggend besluite kan neem sonder dat die raad se stukture amptelik in plek is nie.

Wat die Speaker besig is om te doeen vanoggend is onwettig, onverantwoordelik en dus ook teenstrydig met die Grondwet van Suid-Afrika. En verder as ’n mens na die agenda kyk dan hou die Speaker vanoggend vergadering met homself want daar is nêrens in hierdie agenda wat verwys wie hier verteenwoordig is in hierdie raadsvergadering nie. Ons kan dus nie verder aan hierdie raadsvergadering deelneem nie as gevolg van bogenoemde belangrike redes.

Ons vra dus vir die Speaker om die raad volgens die Grondwet van Suid-Afrika te lei soos die wet bepaal.

Ek dank u.

DA requested a caucus at 10h20Meeting reconvened at 10h26

The following Councillors made certain inputs on the above decelartion of Cllr G. Libazi, of which the contents of are available on request from Administration:

Cllr N.G. MyburghCllr J.R. MatthysenCllr J.C. NortjeCllr H.F. du Rand

All the ANC Councillors left the meeting at 10h44 without permission from the Speaker.

4. DISCLOSURE OF INTERESTS BY COUNCILLORSLocal Government: Municipal Structures Act, 1998 (Act 117 of 1998)5. Disclosure of interests

(1) A councillor must-(a) disclose to the municipal council, or to any committee of which that councillor is a member, any direct or

indirect personal or private business interest that that councillor, or any spouse, partner or business associate of that councillor may have in any matter before the council or the committee; and

(b) withdraw from the proceedings of the council or committee when that matter is considered by the council or committee, unless the council or committee decides that the councillor’s direct or indirect interest in the matter is trivial or irrelevant.

(2) A councillor who, or whose spouse, partner, business associate or close family member, acquired or stands to acquire any direct benefit from a contract concluded with the municipality, must disclose full particulars of the benefit

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of which the councillor is aware at the first meeting of the municipal council at which it is possible for the councillor to make the disclosure.

(3) This section does not apply to an interest or benefit which a councillor, or a spouse, partner, business associate or close family member, has or acquires in common with other residents of the municipality.

5. MATTERS FOR CONSIDERATIONRules of Order regulating the conduct of Meetings of the Council of the Municipality of Swellendam (Provincial Gazette 6347 dated 3 March 2006)PART 4: DECISION15. Unopposed Matters

Whenever council is called upon to consider a matttter before it and there is no opposition from any member, a unanimous vote qill be recorded in the minutes.

16. Opposed Matters(1) After attempts to reach consensus on certain matters have failed, the speaker must put the matter under discussion

to the vote. Motions must be moved and seconded by members. Hereafter the speaker must call upon the members to indicate by a show of hands whether they are for such motions or against it, wherupon he or she declare the result of such vote.

(2) Upon the speaker’s declaration of the result of a vote, a member may demand for his or her vote to be recorded against the decision concerned and the municipal manager shall ensure that such vote is recorded in the minutes.

(3) If there is an equality of votes in respect of a matter on which voring takes place, the speaker must exercise his or her casting vote, in addition to his or her deliverative vote, provided that the speaker may not exercise a casting vote in terms of any matter set ou in section 160(2) of the Constitution.

PART 7: RULES OF DEBATE23. Member to address the chair

A member who speaks at a meeting must address the chair and may do so in any one of the three official languages of the Province of the Western Cape.

24. Order or priorityWhen a member wishes to address the council, he or she must first have the permission of the speaker.

25. Precedence of speakerWhenever the speaker addresses the meeting, all members must be silent so that the speaker may be heard without any interruption.

26. Relevance(1) A member who speaks must direct his speech strictly to the subject or matter under discussion or to an explanation

or to a point of order.(2) No discussion may be permitted-

(a) which will anticipate any matter on the agenda;(b) on any matter in respect of which a decision by a judicial or quasi-judicial body or a commission of enquiry is

pending.27. Right to speak

A member or non-member may speak on any matter before the council as determined by the speaker, provided that speeches of all members and non-members are allocated in a fair manner.

28. Length of speechesThe speaker determines the length of speeches.

31. Speaker’s ruling on points of order and explanation(1) The ruling of the speaker on a point of order or an explanation shall be final and not open to discussion.(2) The ruling of the speaker on any point of order raqised as to the interpretation of these rules must be entered in the

minutes.

5.1 Items submitted by officials of Council

5.1.1 Item number A170

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ADJUSTMENT BUDGET: MEDIUM TERM REVENUE AND EXPENDITURE FRAMEWORK 2016/2017 (ROLL OVER BUDGET)

Report from the Director: Financial Services: Mr H Schlebusch

Department Financial Services

Section Budget

Proposed File number 5/1/1/19

PURPOSE OF THE REPORT

The purpose of the report is to submit the 2016/2017 adjustment budget (roll-over) for approval.

FACTS AND BACKGROUND

If any grants received from National Government or Provincial Government are unspent on 30 June of a financial year the Council must apply for the rollover of that grant and reasons for the under spending must be provided.

DISCUSSION

The following grants received are unspent at 30 June 2016:

Capital Projects:

MIG R 26,437-99 The unspent amount refers to the Upgrade Gravel Roads and Stormwater Railton (MIG Project No 231618). The project is a multi-year project and the money will be used during the 2016/2017 financial year.

Library Services Conditional Grant

R 1,000,000-00 The service-provider was appointed during May 2016 and was on site in June 2016. The reason for the late appointment of the service-provider was due to delays in the finalisation of the final plans. The municipality did however receive the first payment certificate during July 2016.

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Operating Projects:

MSIG R 256,796-64 Municipalities should implement SCOA in terms of the applicable regulations by 1 July 2017. The service-provider of the financial system, Bytes, must be involved with the process for the implementation to be successful. Bytes was therefore appointed by the municipality to perform certain functions which did commence during April 2016. The roll-over of these funds are critical for the success of the project. These funds will furthermore be utilized for the attendance of training.

EPWP R 35,238-12 The contracts of EPWP workers did expire at the end of December 2015. Since then workers were appointed on an ongoing basis. The balance of the unspent funds will therefore be utilised during the 2016/2017 financial year.

Human Settlement Development Grant

R 224,939-44 (Balance of unspent funds 2014/2015 Transfer cost)

The backlog in the transfer of subsidy houses constructed since 1994 is on top of the agenda of the Department Human Settlements. There were delays in the transfers related to housing projects, but it can be confirmed that the transfer process is now well underway. Transferring attorneys have been appointed and some of the transfers have already been submitted and prepared documents submitted to the Deeds Office for registration.

Financial Management Support Grant

R 684,393-09

STEEP R 610,338-20 The 1st priority was to replace the roofs of the Chalets. This has been

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done. In terms of the agreement grant funds must be provided over 3 years and Provincial Treasury has made a contribution of R1m, well in advance and also as part of the WESGRO contribution. WESGRO has in the meantime also made a contribution. The balance will be utilised for the upgrading of the chalets (interior); control gate; fire system and fencing. The funds will be spent by 30 March 2017. The spending timeframe is dependent on the STEEP project timeline and the contra contributions from STEEP.

SCOA R 50,000-00 Municipalities should implement SCOA in terms of the applicable regulations by 1 July 2017. The service-provider of the financial system, Bytes, must be involved with the process for the implementation to be successful. Bytes was therefore appointed by the municipality to perform certain functions which did commence during April 2016. The roll-over of these funds are critical for the success of the project. These funds will furthermore be utilized for the attendance of training.

Balance of unspent funds 2014/2015. Electronic audit tool/ Risk assessment/ Annual report and SDBIP R 24,054-89

The grant were in excess of the quotations and the balance can now be utilised in the 2016- 2017 financial year for the annual report

IDP Grant

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R140,000-00 Balance of unspent funds 2014/2015 IDP

These funds were rolled over in the previous year for consultants but did not materialised. An application to utilise the funds for normal operating expenditure were approved very late in the financial year. The funds can be utilised for normal operating expenditure in

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the 2016 – 2017 financial year.

Municipal Infrastructure Support Grant

R 175,099-80 Balance of unspent funds 2014/2015 audit of meters

A meter audit was completed during June 2016. The information was compared with the system and a number of meters could not be linked to the system. The municipality will have to appoint a service-provider to investigate the differences.

Thusong Service Centre Grant

R 15,154-64 Balance of unspent funds 2014/2015 Electronic motor gate

The grant were in excess of the quotations and the balance can now be utilised in the 2016- 2017 financial year for repairs and maintenance to the building.

Municipal Infrastructure Support Grant

R 415,866-55 Repairs to CCK 15894 Bulldozer

The funds were only received in June 2016 and the Bulldozer is still at the service provider to be repaired.

WESGRO R 250,000-00 STEEP Refer to comments above on the STEEP project. The WESGRO contribution came in late in the financial year.

SETA R 370,023-88 The SETA funds are received on a regular basis through the year and it is not possible to plan properly in advance for the spending thereof.

The finance department is in a process of applying for the roll-over of the unspent grants which due date is 31 August 2016.

LEGAL IMPLICATIONS

In terms of section 16 of the MFMA (act 56 of 2003),

“Municipal adjustments budgets28. (1) A municipal may revise an approved annual budget through an adjustment budget.

(2) An adjustment budget-

(e) may authorise the spending of funds that were unspent at the end of the past financial year where the underspending could not reasonably have been foreseen at the time at the time to include projected roll overs when the annual budget for the current year was approved by Council.”

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Also in terms of the Municipal Budget and reporting Regulations: section 23(5):

“23(5) An adjustment budget referred to in section 28(2)(e)of the Act may only be tabled after the end of the financial year to which the roll-overs relate, and must be approved by the municipal council by the 25 August of the financial year following the financial year to which the roll-overs relate.

FINANCIAL IMPLICATIONS

None

PERSONEL IMPLICATIONS

None

COMMUNICATION IMPLICATIONS

None

COMMENTS FROM DEPARTMENTS

Director: Corporate Services

None

Director: Community Services

None

Director: Financial Services

None

Director: Infrastructure Services

None

Municipal Manager

None

RECOMMENDATION

1. That Council approves and adopts the following resolutions:

(a) The Council of Swellendam Municipality, acting in terms of section 28(2) of the Municipal Finance Management Act, (Act 56 of 2003) approves and adopts:

The annual adjustments budget of Swellendam Municipality for the Financial year 2016/2017, as set-out in the schedules contained in Section 4, circulated with the agenda and approved as contained in the following prescribed budget tables;

(i) Table B1: Adjustments budget summary

(ii.) Table B2: Adjustments Budget Financial Performance (expenditure by standard classification)

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(iii.) Table B3: Adjustments Budget Financial Performance (expenditure by municipal vote)

(iv.) Table B4: Adjustments Budget Financial Performance (revenue by source)

(v.) Table B5 to B10:

2. That the following adjustments permitted in terms of section 28(2) of the Municipal Finance Management Act and reflected in the tables referred to in resolution (a) above be approved.

Proposed: Cllr N.G. MyburghSeconded: Cllr A.M. Pokwas

The Municipal Manager reminded the Council that this Adjustment Budget must be approved before the 25th of August 2016 in order to comply to legal provisions.

RESOLVED A170/24/08/2016

1. That Council approves and adopts the following resolutions:

(b) The Council of Swellendam Municipality, acting in terms of section 28(2) of the Municipal Finance Management Act, (Act 56 of 2003) approves and adopts:

The annual adjustments budget of Swellendam Municipality for the Financial year 2016/2017, as set-out in the schedules contained in Section 4, circulated with the agenda and approved as contained in the following prescribed budget tables;

(i) Table B1: Adjustments budget summary

(ii.) Table B2: Adjustments Budget Financial Performance (expenditure by standard classification)

(iii.) Table B3: Adjustments Budget Financial Performance (expenditure by municipal vote)

(iv.) Table B4: Adjustments Budget Financial Performance (revenue by source)

(v.) Table B5 to B10:

2. That the following adjustments permitted in terms of section 28(2) of the Municipal Finance Management Act and reflected in the tables referred to in resolution (a) above be approved.

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5.2 Consideration of matters which require non-disclosure

Rules of Order regulating the conduct of Meetings of the Council of the Municipality of Swellendam (Provincial Gazette 6347 dated 3 March 2006)PART 3: MEETINGS6. Non-disclosure of Matters

(1) Matters which require non-disclosure, must be marked as such in the agenda.(2) When such matters are to be considered, the speaker must direct that all members of the public leave the

venue of the meeting.(3) Any member can prior to the commencement of th emeetings, request the speaker to deal with a certain

matter as a non-disclosed matter.

5.3 Consideration of urgent matters

Rules of Order regulating the conduct of Meetings of the Council of the Municipality of Swellendam (Provincial Gazette 6347 dated 3 March 2006)PART 3: MEETINGS7. Speaker may introduce urgent matters

The speaker may at any time and without notice make any statement or introduce urgent matters.

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5.3.1 Item number A171

COUNCIL RECESS FROM 1 TO 10 OCTOBER 2016

Report by the Director: Corporate Services: Mr D du Plessis

Department Corporate Services

Section Council

Proposed File number 3/3/3/2/1

PURPOSE OF REPORT

To recommend to council a recess period from 1st October to 10 October 2016.

FACTS AND BACKGROUND

Council resolved per item A2374 dated 5 June 2013:

1. That during periods of recess the Executive Mayor be delegated to exercise any power of the Council and/or its political structures, as well as designated powers, in consultation with the Municipal Manager or if the Municipal Manager is not available, the Acting Municipal Manager, Provided that:

(b) the failure to exercise such power as a matter of urgency would have a substantial detrimental impact on the municipality and/or its services; and/or its people;

(c) the delegation excludes the exercise of all powers reserved for Council in terms of Section 160 of the Constitution: Passing of By-Laws, Approval of Budget, Imposition of rates and taxes, Levies and Duties, raising of loans

(d) where the public interest so demands, this power be exercised after consultation with as many members of the Mayoral Committee as reasonably possible.

2. “Recess” means the period determined by Council resolution when all councillors shall be on official leave and such period shall commence at 17h00 and shall terminate at 08h00 on the dates determined.

3. All resolutions taken by the EM during recess must be tabled at the next meeting of the Council for ratification.

DISCUSSION

None

LEGAL IMPLICATIONS

The delegations as per resolution A2374 dated 5 June 2013

FINANCIAL IMPLICATIONS

None

PERSONNEL IMPLICATIONS

None

COMMUNICATION IMPLICATIONS

None

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COMMENTS FROM DEPARTMENTS

Director: Corporate Services

None

Director: Community Services

None

Director: Financial Services

None

Director: Infrastructure Services

None

Municipal Manager

None

RECOMMENDATION

1. That Council goes into recess from 1 October 2016 to the morning of 10 October 2016.

Proposed: Cllr N.G. MyburghSeconded: Cllr A.M. Pokwas

RESOLVED A171/24/08/2016

1. That Council goes into recess from 1 October 2016 to the morning of 10 October 2016.

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6. CLOSURE

Meeting adjourns at 10h54

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