council minutes for approval at minutes...sithole st 116. tlomatsane sp 117. tsela cd 118....

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COUNCIL MINUTES FOR APPROVAL AT THE 19th COUNCIL MEETING OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY (THIRD TERM OF THE CITY OF TSHWANE), TO BE HELD ON 28 FEBRUARY 2013 AT 10:00

Council Meeting of the City of Tshwane Metropolitan Municipality held on 31 January 2013 at 10:00.

On request, this document can be provided in another official language.

Kantoro ya Sepikara • Kantoor van die Speaker • Kantoro ya Kantoro ya Sepikara • Kantoor van die Speaker • Kantoro ya Kantoro ya Sepikara • Kantoor van die Speaker • Kantoro ya Kantoro ya Sepikara • Kantoor van die Speaker • Kantoro ya MmmusakgotlaMmmusakgotlaMmmusakgotlaMmmusakgotla

Hofisi ya Xipikara • Hofisi ya Xipikara • Hofisi ya Xipikara • Hofisi ya Xipikara • IHhovisi LikaSomlomoIHhovisi LikaSomlomoIHhovisi LikaSomlomoIHhovisi LikaSomlomo Office of the SpeakerOffice of the SpeakerOffice of the SpeakerOffice of the Speaker

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MINUTES of the Council Meeting of the

CITY OF TSHWANE METROPOLITAN MUNICIPALITY

(THIRD TERM OF THE CITY OF TSHWANE)

held in the Council Chamber, Sammy Marks Conference Centre, cnr Lilian Ngoyi and Madiba Streets, Pretoria, on THURSDAY, 31 January 2013 at 10:00.

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COUNCILLORS PRESENT: COUNCIL MEETING: 31 JANUARY 2013 ANC:

PROPORTIONAL 1. Ramokgopa, KD (Executive Mayor) 2. Mosupyoe AWMK (Speaker) 3. Mabona SJ (Chief Whip of Council) 4. Boshomane MJ 5. Buthelezi MM 6. Chauke D 7. Dlamini LB 8. Ernest T 9. Guduza TE 10. Huma SE 11. Kekana RJ 12. Kgaditse FM (Apology) 13. Khalo T (Prof) 14. Lebese OS 15. Lehobye DJ 16. Lekgema PL 17. Mabiletsa MD 18. Mabusela TE 19. Majola DE 20. Makaung AS 21. Tyobeka-Makeke NP 22. Makitla NB 23.. Mangcu P (Apology) 24. Marema MP 25. Masango JM 26. Mashaba PF 27. Mashego RT 28. Mathafa OM 29. Mathenjwa N 30. Matjila MG 31. Matsena MM 32 Maseko NE 33. Mkhize J 34. Mmoko TE 35. Modise S 36 Mohlala RJB (Apology) 37. Mojela DL

38. Moselelane SEP 39. Mosime DW 40 Mosito DB 41. Motsei MV 42. Mthethwa SD 43. Muller JD 44. Ndlovana AA 45. Ngobeni JM 46. Ngobeni SM 47. Ngonyama JJ 48. Nhlapo EN 49. Pillay S 50. Sebopa MI 51. Zitha PB

WARD 52. Aphane MJ 53. Baloyi JK 54. Baloyi RW 55. Boroto AS 56. Essop M 57. Hlatshwayo PB 58. Katake NS

95. Montlha SP 96. Morudu MGR 97. Motsepe RH 98. Musehane ME 99. Ngwenya CB 100. Ngobeni LM 101. Ngobeni MR

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59. Khoza TM 60. Komani NJ 61. Kwenda LH 62. Ledwaba DC (Apology) 63. Mabelane VP 64. Mabena MJ 65. Mabona AD 66. Mahlase CM 67. Majeng PL (Apology) 68. Makgatho JT 69. Makola MA 70. Malapane ND 71. Maluleka AM 72. Mampheko AM 73. Maredi F 74. Mareme MS 75. Marishane MS 76. Marobane MA 77. Marole LP (Apology) 78. Marotola MS 79. Maseko PL 80. Mashabela SL (Apology) 81. Mashola MS 82. Masilela JK 83. Masombuka JB 84. Masupha NR 85. Matentjie JH 86. Mathe D (Apology) 87. Matshela TP 88. Mbele FNJ 89. Mlotshwa ME 90. Mogale JM 91. Moganedi LP 92. Mogoboya NP 93. Mokgothadi RMH 94. Thobejane EM

102. Nkosi FE 103. Ntuli J 104. Phahlane AK 105. Phiri SB (Absent) 106. Rambau TV 107. Rammushi JP 108 Ringane MB 109. Sebata TA 110 Sebotsane MP 111. Sekonya MD 112. Sibanyoni JN 113. Sibaya J 114. Sindane JM 115. Sithole ST 116. Tlomatsane SP 117. Tsela CD 118. Tshabalala ES

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DA : PROPORTIONAL

1. Brink C 2. Campbell AW 3. De Goede J 4. Dzumba KY 5. Engelbrecht J 6. DJ Erasmus 7. Fleming, DL 8. Fourie S 9. Jacobs MJ 10. Jansen J 11. Joosub U 12. Lee TW 13. Maas S 14. Maila VHS 15. Mampuru MM 16. Mashego JD 17. Mathibedi LR 18. Millar PE 19. Minnie KJ 20. Mnguni DSL 21. Mokhoto NL 22. Mokonyane KR 23. Moss D (Apology)

24. Motau LG 25. Motsaneng S 26. Msimanga ST 27. Napo MM 28. Ncube AB 29. Ndlovu FC (Absent) 30. Ngwenya MA 31. Nortje HJ 32. Osman AQ 33. Peach WD 34. Pietersen IJ 35. Pretorius GC 36 Ramohoebo M 37. Van den Heever CM 38. Rens SD 39. Bosch C 40. Thobejane PTM 41. Topham BR 42. Uys R 43. Van Zyl JS 44. Weber H 45. Welmans LJ

WARD 46. Aucamp, MGW 47. Aucamp, M 48. Baker, DC Prof 49. Barendrecht, JW 50. Bekker CF 51. Bosch VA 52. Boshoff CH 53. Chapman BW 54. Coetzee JJ 55. Du Plooy J 56. Engelbrecht BA 57. Erasmus GM 58. Fourie HF 59. Fourie PJ 60. Fourie RP 61. Kruger Muller ME 62. Linde E 63. Louw E 64. Mc Donald CN

65. Meyer K 66. Middelberg AWF 67. Moimane S 68. Muller S 69. Napier CJ (Prof) 70. Pascoe NC 71. Prinsloo CD (Adv) 72. Randall AM 73. Singh I 74. Spoelstra JC 75. Strijdom CE 76. Sutherland M 77 Sutton P 78. Swanepoel DJ (Apology) 79. Van der Walt PA 80. Van Niekerk AM 81. Wannenburg DG 82. Wannenburg BJ

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FF+: PROPORTIONAL

1. Beyers, FJC Dr 2. Erasmus, BHJ 3. Uys, PD (Apology) 4. Van Staden, PA

COPE: PROPORTIONAL

1. Mathebe, RK 2. Babane, TJ

ACDP: PROPORTIONAL

1. Kissoonduth, A

AZAPO: PROPORTIONAL

1. Lesufi, ML

PAC: PROPORTIONAL

1. Montjane, ME (Apology)

APC: PROPORTIONAL

1. Mathebula, TK

REPRESENTATIVES FROM THE TRIBAL AUTHORITIES 1 Amandebele Ba Lebelo AR Kekana 2. Amandebele Nzunza Sokhulumi NS Mahlangu

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 31 JANUARY 2013 Order of business of the Council Meeting convened in terms of Section 2 (read with Section 8) of the Rules and Orders: INDEX Pages A. OPENING: PRAYER OR MEDITATION ………………………....... 16 B. APPLICATIONS FOR LEAVE OF ABSENCE …………………… 16-17 C. OFFICIAL NOTICES …………………………………………………. 18 D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER

PROPOSALS ALLOWED BY THE SPEAKER ………………….. 19-20 E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS

COUNCIL MEETINGS: ORDINARY COUNCIL: 29 NOVEMBER 2012 AND SPECIAL COUNCIL: 12 DECEMBER 2012 ………………………………………………. 21

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 31 JANUARY 2013 F. REPORTS TO THE COUNCIL (a) REPORTS OF THE EXECUTIVE MAYOR (i) RECOMMENDATIONS TO COUNCIL

PART V: FROM THE MAYORAL COMMITTEE MEETING: 18 January 2013

INDEX PAGES

(The recommendation appears on the page indicated in brackets) 1. City Strategies and Organisational Performance Department

Draft Annual Report for the City of Tshwane FY2011/12 (From the Mayoral Committee: 18 January 2013) ……………… 25-26

PART I: FROM THE MAYORAL COMMITTEE MEETING: 8 November 2012 2. Transport Department (Integrated Rapid Public Transport Network (IRPTN) Specialised Unit) / Communications Marketing and Events Department

Request for approval by the Mayoral Committee of the Tshwane Rapid Transit name voting campaign results

(From the Mayoral Committee: 19 September 2012 and 8 November 2012) ………………………………………………….. 27

PART II: FROM THE MAYORAL COMMITTEE MEETING: 21 NOVEMBER 2012 3. Corporate and Shared Services Department (Corporate Property and Logistical Services) Proposed sale of Erf 16, Kwaggasrand

(From the Alienation Cluster: 20 September 2012 and the Mayoral Committee: 21 November 2012) ……………………… 28

4. Corporate and Shared Services Department

(Corporate Property and Logistical Services) Proposed lease of Erf 4153, Nellmapius Extension 4 (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 21 November 2012) ……………………… 29-30


(Corporate Property and Logistical Services) Proposed lease of Erf 820, Hammanskraal West (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 21 November 2012) ……………………… 31-32

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(Corporate Property and Logistical Services) Proposed lease of Erf 39648, Mamelodi East X 18 (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 21 November 2012) …………………………… 33


(Corporate Property and Logistical Services) Proposed lease of Erf 4154, Nellmapius Extension 4 (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 21 November 2012) …………………………… 34


(Corporate Property and Logistical Services) Proposed lease of Erf 3307, Nellmapius Extension 4 (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 21 November 2012) …………………………… 35


(Corporate Property and Logistical Services) Proposed lease of Erf 4149, Nellmapius Extension 4 (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 21 November 2012) ………………………….… 36-37


(Corporate Property and Logistical Services) Proposed lease of Erf 253 Soshanguve Block NN (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 21 November 2012) ……………………….…… 38-39


(Corporate Property and Logistical Services) Proposed lease of Erf 402, Kwaggasrand (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 21 November 2012) …………………………… 40-41


(Corporate Property and Logistical Services) Proposed cession/assignment of rights contained in a Deed of Lease for Portion 469 a portion of Portion 433 Elandspoort known as DTI building (From the Mayoral Committee: 21 November 2012) ………….…… 42

13. Economic Development Department (Expanded Public Works Programme) Approval of the City of Tshwane Expanded Public Works

Programme Policy (From the Mayoral Committee: 21 November 2012) ………………. 43

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14. Transport Department (Infrastructure Design, Construction and Maintenance) Approval for work in the Public Road Reserve By-laws

(From the Mayoral Committee: 21 November 2012) ………… 44

PART III: FROM THE MAYORAL COMMITTEE MEETING: 9 JANUARY 2013 15. Group Financial Services Department Corporate monthly financial report for the period ended

31 October 2012 (From the Mayoral Committee: 9 January 2013) ……………… 45

16. Group Financial Services Department Grants and subsidies monthly progress report ended 30 November 2012

(From the Mayoral Committee: 9 January 2013) ……………… 46 17. Group Financial Services Department Group Financial Services Department

Corporate monthly financial report for the period ended 30 November 2012 (From the Mayoral Committee: 9 January 2013) ……………… 47

18. Corporate and Shared Services Department (Corporate Property and Logistical Services) Proposed lease of Erf 2226, Hammanskraal West

(From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) ………………………… 48-49


(Corporate Property and Logistical Services) Proposed lease of Erf 84, Hammanskraal West (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) ………………………… 50-51


(Corporate Property and Logistical Services) Proposed lease of Erf 474, Hammanskraal West (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) …………………………… 52-53


(Corporate Property and Logistical Services) Proposed sale of Erf 19428, Mamelodi East (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) ………………………….. 54-55

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(Corporate Property and Logistical Services) Proposed lease of Erf 29999, Mamelodi East Extension 10 (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) …………………………. 56-58


(Corporate Property and Logistical Services) Proposed lease of Erf 3775, Mamelodi West (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) …………………………. 59-61


(Corporate Property and Logistical Services) Proposed sale of Portion 1 of Erf 84, Jan Niemand Park (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) ………………………….. 62-63


(Corporate Property and Logistic Services) Proposed lease of Erf 9563, Atteridgeville Extension 7

(From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) …………………………… 64-65

26. Corporate Services and Shared Services (Corporate Property and Logistical Services) Proposed lease of Erf 1759, Hammanskraal West

(From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) …………………………… 66-67


(Corporate Property and Logistical Services) Proposed lease of Portion 2 of Erf 4299, Saulsville (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) …………………………. 68-70

28. Corporate and Shared Services Department (Corporate Property and Logistical Services)

Proposed sale of Erf 304, Eersterust Extension 2 (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) ………………………….. 71


(Corporate Property and Logistical Services) Proposed sale of Erf 5680, Eersterust Extension 2 (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) ………………………….. 72-73

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30. Corporate and Shared Services Department (Corporate Property and Logistical Services) Proposed sale of Erf 5683, Eersterust Extension 3

(From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) ………………………….. 74

31. Corporate and Shared Services Department (Corporate Property and Logistical Services) Proposed lease of Erf 196, Garankuwa Industrial

(From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) …………………………. 75-76





34. Corporate and Shared Services Department (Corporate Property and Logistical Services) Proposed lease of Erf 202, Garankuwa Unit 20

(From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) ………………………….. 82-84


(Corporate Property and Logistical Services) Proposed lease of Erf 4147, Nellmapius Extension 4 (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 9 January 2013) ………………………. 85-86


(Corporate Property and Logistical Services) Proposed sale of Erf 11690, Mamelodi East (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 9 January 2013) …………………………… 87

37. City Planning and Development Department (City Planning)

Approval of names to populate the geographical names bank: Small mammals (phase 2) (From the Section 79 Standing Committee: Local Geographical Names: 21 November 2012 and the Mayoral Committee: 9 January 2013) …………………………. 88

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Approval of names to populate the geographical names bank: Bird Names (phase 5) (From the Section 79 Standing Committee: Local Geographical Names: 21 November 2012 and the Mayoral Committee: 9 January 2013) ……………………………..… 89


Approval of names to populate the geographical names bank: Fish Names (phase 2) (From the Section 79 Standing Committee: Local Geographical Names: 21 November 2012 and the Mayoral Committee: 9 January 2013) …………………………..……. 90

PART IV: FROM THE MAYORAL COMMITTEE MEETING: 9 JANUARY 2013 40. Office of the Deputy City Manager: Service Delivery

Co-ordination and Transformation Management Draft Integrated Service Delivery Charter for the City of Tshwane (From the Mayoral Committee: 9 January 2013) ……………………… 91-92 PART V: FROM THE MAYORAL COMMITTEE MEETING: 18 JANUARY 2013 41. Group Financial Services Department

Municipal Finance Management Act (MFMA): In-Year Financial Report (1) Monthly and second quarter budget statement for the

period ended 31 December 2012; and (2) Mid-Year budget review (From the Mayoral Committee: 18 January 2013) ………………….. 93-94

42. Group Financial Services Department (Supply Chain Management) Deviations from quotations approved for 2nd quarter 2012/13 financial year (From the Mayoral Committee: 18 January 2013) ……………..…... 95

43. Group Financial Services Department

(Supply Chain Management) Deviations from tenders approved for 2nd quarter 2012/13 financial year (From the Mayoral Committee: 18 January 2013) ………………… 96


(Supply Chain Management) Supply Chain Management Performance Report for 2nd quarter 2012/13 financial year (From the Mayoral Committee: 18 January 2013) …………………. 97

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45. Group Financial Services Department Request to commence with a public participation process of the draft services agreement for the security of revenue project (From the Mayoral Committee: 18 January 2013) …………… 98


(Supply Chain Management) Ex facto payments approved for quotations for the 2nd quarter financial year 2012/13 (From the Mayoral Committee: 18 January 2013) ……………. 99

47. City Strategies and Organisational Performance Department

Mid-Year Organisational Performance report for FY 2012/2013 (From the Mayoral Committee: 18 January 2013) ……………. 100


(Corporate Fleet Management) Progress Report – Fleet Management Strategy (From the Mayoral Committee: 18 January 2013) ………….... 101

(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE

(ANNEXURE A, A.1 AND A.2)

A. MAYORAL COMMITTEE MEETING: 8 NOVEMBER 2012 ……. 102-103

A.1 SPECIAL MAYORAL COMMITTEE MEETING: 13 NOVEMBER 2012 ... 103

A.2 MAYORAL COMMITTEE MEETING: 21 NOVEMBER 2012 ……………… 103-105

(a)(iii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURE B, B.1 AND B.2)

B. SECTION 79 STANDING COMMITTEE: PETITIONS: INSPECTION-IN-LOCO: 16 OCTOBER 2012 …………………………… 106

B.1 SECTION 79 STANDING COMMITTEE: PETITIONS: 19 OCTOBER 2012 ………………………....………………….………..… 106 B.2 SECTION 79 STANDING COMMITTEE: PETITIONS: 23 NOVEMBER 2012 ………………………………………………….… 106 G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN …………..…. 107-121 H. MOTION OR PROPOSALS DEFERRED FROM

PREVIOUS MEETING……………………………………………………. 122

URGENT MOTION ……………………………………………….………. 123-124

I. NEW MOTIONS ……………………………….………………………….. 125-126 J. PETITIONS ……………………………………………………………….. 127

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K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF THE MEETING, AT THE DISCRETION OF THE SPEAKER …………………………………………………………… 128-130

1. Group Financial Service Department

(Financial Reporting and Assets) Request for the Amendment of Resolution number 2 taken by Council on 29 November 2012 ……………………………….. 129-130

L. CONCLUSION ……………………………………………………….. 131

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 31 JANUARY 2013

A. OPENING: PRAYER OR MEDITATION

The Speaker, Cllr AWMK Mosupyoe welcomed all present by requesting members to observe a moment of silence for prayer or meditation. She further expressed a special word of welcome to the representatives from the Office of the Auditor-General, the Chairperson of the Audit and Performance Committee as well as officials from the National Treasury, Gauteng Treasury and the Department of Local Government and Housing in Gauteng who were invited to the meeting for purposes of guiding Council through the 2011/2012 Annual Report for the City of Tshwane.

B. APPLICATIONS FOR LEAVE OF ABSENCE

The Chief Whip of Council in accordance with powers delegated to him submitted the approved leave of absence of the following Councillors:

P Mangcu

DC Ledwaba FM Kgaditse PL Majeng LP Marole SL Mashabela D Mathe RJB Mohlala D Moss DJ Swanepoel PD Uys ME Montjane

(Remarks: 1. The Chief Whip of Council also apologised on behalf of the following

Councillors for early departure: M Sutherland AW Campbell H Nortje

2. The Chief Whip of Council also apologised on behalf of the following

Councillors for late arrival:

L Mathibedi MMC MG Matjila

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3. As no approval for leave of absence was presented at this meeting for the following Councillors, they be deemed absent without leave:

SB Phiri FC Ndlovu).

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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. CONGRATULATIONS TO THE EXECUTIVE MAYOR ON HIS BIRTHDAY, 25 JANUARY 2013

The Speaker on behalf of the Council congratulated the Executive Mayor, Councillor Kgosientso Ramokgopa, on his birthday on 25 January.

2. LATE BUT URGENT REPORTS IN TERMS OF LEGISLATION

The Speaker explained that the reports contained in Parts IV and V of the Council agenda were received from the Office of the Executive Mayor, on 22 January 2013 and delivered to all Councillors. She further mentioned that these reports were all urgent and, as timeframes were legislated in the case of the majority of these reports, they must serve at the Council meeting of 31 January 2013. She furthermore mentioned that the Executive Mayor will elucidate to these items when submitting his reports to Council.

3. REVISION OF THE CITY OF TSHWANE: RULES AND ORDERS BY-LAWS, 2010;

AND PROMULGATION OF THE REVISED BY-LAWS, 2012

The Speaker announced that the City of Tshwane’s new Rules and Orders By-laws, 2012 was promulgated on 14 January 2013 and would take effect on 1 February 2013. She further thanked the Chairpersons (former Chairperson Jacob Masango and current Chairperson Joan Muller), and every Councillor and Official who participated in these efforts over the past 18 months or so. The Speaker furthermore indicated that the Strategic Executive Head: Secretariat of Council will have the new Rules and Orders in the usual A5 Book-format distributed to Councillors during this meeting. The book will again also contain the Code of Conduct for Councillors as legislated by the Municipal Systems Act. She added that Councillors will be expected to sign for the receipt of this new book when handed to them. The Speaker also mentioned that, as for the Code of Conduct for Councillors, the Office of the Speaker was embarking on a project of expansioning the Code and this will be done to simplify and explain the obligatory provisions and conditions contained therein and a report will be provided to Council when finalised. The Speaker furthermore indicated that a workshop on the new Rules and Orders will be held in the Council Chamber, Sammy Marks Conference Centre, on 22 February 2013 from approximately 10:00-16:00 and confirmation in this regard will follow.

4. DECLARATION OF INTERESTS

The Speaker explained that Item 7 of the Code of Conduct for Councillors obliges every Councillor to declare in writing to the City Manager the financial interests held by the Councillor.

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This written declaration must be done within 60 days after a Councillor’s election or appointment. A Councillor must furthermore annually declare in writing to the City Manager any change in the nature or detail of his or her financial interests. She further urged Councillors to read Item 7 of the Code of Conduct and to take due note of their obligations, especially as non-compliance was a breach of the Code and has a negative effect on the City’s Annual Report. The Speaker furthermore indicated that she would soon communicate in writing with Councillors who have not yet done so.

5. RATES AND SERVICE CHARGES OWED TO MUNICIPALITIES BY COUNCILLORS

The Speaker explained that Item 12A of the Code of Conduct for Councillors states that a Councillor may not be in arrears to the Municipality for rates and service charges for a period longer than 3 months. She added that Council also on 29 November 2012 took a resolution in this regard. The Speaker hereafter urged Councillors to comply to the legal requirements in this regard.

6. INSURANCE / RISK COVER FOR COUNCILLORS

The Speaker explained that, as resolved by Council at its Special meeting of 12 December 2012, her office embarked on a process of implementing that resolution in as far as Risk Cover for Councillors is concerned and officials will during the meeting distribute forms to all Councillors for completion. She added that these forms, once completed, must be returned by latest 8 February 2013 to the Office of the Executive Head: Council and Committees Secretariat Services, Mr JRK Thema, Seventh Floor, Room 702 South Wing, HB Phillips Building for processing.

7. WORKSHOP ON IDP PROGRAMME/ PROCEDURES FOR COUNCILLORS

The Speaker informed Council that the City of Tshwane’s IDP Office in conjunction with the Section 79 Oversight Committee: IDP was envisaging a Workshop for all Councillors during the second week of February 2013. The purpose of the workshop will be to explain new IDP Processes, Procedures and Programme and confirmation in writing in this regard will be communicated to all Councillors.

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E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS COUNCIL MEETINGS: ORDINARY COUNCIL: 29 NOVEMBER 2012 AND SPECIAL COUNCIL: 12 DECEMBER 2012

1. ORDINARY COUNCIL: 29 NOVEMBER 2012

RESOLVED: That the minutes of the Ordinary Council meeting held on 29 November 2012 be approved subject to the following amendment:

Item J “PETITIONS”, point 9-

The name of Cllr D Mathe be replaced by the name of Cllr D Moss as he (Cllr Moss) was the Councillor who submitted the Petition.

2. SPECIAL COUNCIL: 12 DECEMBER 2012

RESOLVED: That the minutes of the Special Council meeting held on 12 December 2012 be approved and confirmed.

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Immediately after item ‘E’ of the agenda, the Speaker explained that in order to accommodate guests from the Auditor-General’s Office, Gauteng Treasury and the Department of Local Government and Housing, she would bring forward the City of Tshwane Annual Report, 2011/2012, that is item 46 Part V of the agenda. She also requested Councillors to note the following two additional documents distributed at the Council meeting: - The final Audit Report, signed by the Auditor-General’s Office, replacing the draft

contained in Part V of the agenda. - The Auditor-Generals’ presentation on the Annual Report. Hereafter the Speaker gave the Executive Mayor opportunity to submit the reports of the Mayoral Committee to Council for consideration.

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F. REPORTS TO COUNCIL

The Executive Mayor welcomed all present at the Council meeting in particular the representatives of the Auditor-General’s Office, the Chairperson of the Audit and Performance Committee as well as representatives from the other spheres of Government. The Executive Mayor hereafter informed Council about the Municipality’s plans regarding the disposal of land to the previously disadvantaged communities. He further congratulated the class of 2012 matrics for their performance particularly the Gauteng students and informed Council about the plans by the Municipality in assisting in education going forward. Hereafter, the Executive Mayor submitted reports from the Mayoral Committee to Council for consideration as contained in Parts I, II, III, IV and V as well as Annexures A, A.1 and A.2, B, B.1 and B.2 for cognisance and or discussion. He further explained the urgency of the reports contained in Parts IV and V of the agenda. The Executive Mayor furthermore tabled before Council a report titled “Request for the Amendment of Resolution Number 2 taken by Council on 29 November 2012” to amend the report titled “Restructuring of the long term loan Portfolio of the City of Tshwane: Approval of Phases 2 and 3”. He explained that the report seeks to amend the second resolution of the loan restructuring as requested by the City’s lenders and to effect other amendments, which are considered significant. The Speaker hereafter gave Ms M Sedikela representative from the AG’s office opportunity to guide Council on the Auditor-General’s audit report for the CoT’s 2011/2012 financial year, whereafter Ms Sedikela requested one of her colleagues to make such presentation to Council. After the presentation by the representative from the Office of the AG, the Speaker called upon the Chairperson of the Audit and Performance Committee of the CoT, Prof Melck to respond to the AG’s audit report for 2011/2012 financial year. Following the response by Prof Melck, the Speaker allowed clarity seeking questions from Councillors and the following Councillors on behalf of their respective political parties posed such questions: J Engelbrecht AWF Middelberg RK Mathebe TJ Babane TK Mathebula AM Randall Subsequently, the Speaker gave representatives from the AG’s office opportunity to respond to the questions.

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Ms Sedikela gave a general response to questions posed and further proposed that these questions be submitted to the Public Accounts Committee to enable the Auditor-General to give comprehensive responses to these questions. Hereafter, Speaker gave the Executive Mayor opportunity to speak on the presentation. The Executive Mayor in his address welcomed the Audit opinion by the Auditor-General and further posed the following questions on behalf of the Executive: - Is the none compliance with MFMA by the Municipality regarded as a material

issue in the AG’s report. - The percentages received on, among others, leadership and Governance. - The significance of Municipal Entities and the functioning thereof. - Does the office of the AG have mandate to audit the operations of the Oversight

Committees. - Clarification of the term “clean audit” and “unqualified audit”, requesting that the

terms used in the Auditor-General’s report be defined in order to alleviate confusion in future, especially from a public perspective.

- The meaning of distribution losses on water and electricity be rectified as water provided to indigent must not be regarded as a loss by the Municipality.

- Cllr AWF Middelberg on behalf of the DA also provided the Office of the Auditor-General with a written list of questions.

Ms Sedikela proposed that these questions posed the Executive Mayor also be submitted to the Public Accounts Committee to enable the AG to give comprehensive responses thereto. Hereafter, the Speaker thanked all the guests for their efforts and excused them from the meeting.

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 31 JANUARY 2013 Mayur Maganlal (0798) COUNCIL: 31 January 2013 1. CITY STRATEGIES AND ORGANISATIONAL PERFORMANCE DEPARTMENT

DRAFT ANNUAL REPORT FOR THE CITY OF TSHWANE FY2011/12 (From the Mayoral Committee: 18 January 2013)

The purpose of the report is to submit the draft Annual Report for the City of Tshwane FY2011/12 to Council. IT WAS RECOMMENDED (TO THE COUNCIL: 31 JANUARY 2013): 1. That Mayoral Committee approves the draft Annual Report FY2011/12 for

tabling to Council by end January 2013; 2. That Mayoral Committee approves the draft Annual Report FY2011/12 for

submission to Audit Committee 3. That Mayoral Committee approves the draft Annual report FY2011/12 for

submission to the Auditor General; and 4. That all departments implement tasks as approved by Mayco on 1 August 2012

pertaining to the finalisation of the Annual Report FY2011/12 as attached in Annexure B.

After the Executive Mayor officially tabled the 2011/2012 Annual Report, Ms M Sedikela and other representatives from the Office of the Auditor-General made a presentation to Council and the Chairperson of the Audit and Performance Committee furthermore responded to the AG’s audit report. Hereafter the Speaker gave Councillors opportunity to raise clarity seeking questions, listed below: - Is the none compliance with MFMA by the Municipality regarded as a

material issue in the AG’s report. - The percentages received on, among others, leadership and Governance. - The significance of Municipal Entities and the functioning thereof. - Does the office of the AG have mandate to audit the operations of the

Oversight Committees. - Clarification of the term “clean audit” and “unqualified audit”, requesting

that the terms used in the Auditor-General’s report be defined in order to alleviate confusion in future, especially from a public perspective.

- The meaning of distribution losses on water and electricity be rectified as water provided to indigent must not be regarded as a loss by the Municipality.

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- Cllr AWF Middelberg on behalf of the DA also provided the Office of the Auditor-General with a written list of questions.

Ms Sedikela in her response to the questions, proposed that the abovementioned questions be forwarded to the Section 79 Standing Committee: Public Accounts to allow the AG’s office to provide detailed responses to the said questions and the proposal was acceded to by Council. Subsequently, Cllr OS Lebese seconded by Cllr RJ Kekana proposed the following amendment:

(Unaltered)

“1. That Council takes cognisance of Annual Report FY2011/12.

2. That the report be referred to the Section 79 Standing Committee: Public Accounts for further scrutiny, to be re-tabled at the Council meeting of March 2013.”

The Council acceded to Cllr Lebese’s proposal and it was thereafter resolved as set out below: RESOLVED: 1. That cognisance be taken of the Annual Report FY2011/12. 2. That the report be referred to the Section 79 Standing Committee: Public

Accounts for further scrutiny and be re-tabled at the Council meeting of March 2013.

(Remark:

At the Council meeting of 31 January 2013, the Speaker explained that in order to comply with the provisions of Chapter 12 of the Municipal Finance Management Act this report will be made available to members of the public who are invited to submit written comments to the municipality through the Office of the City Manager.)

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V9/2/2/3/6/10 Lungile Madlala/Nomasonto Ndlovu (4091/1750) COUNCIL: 31 January 2013 2. TRANSPORT DEPARTMENT

(INTEGRATED RAPID PUBLIC TRANSPORT NETWORK (IRPTN) SPECIALISED UNIT)/ COMMUNICATIONS MARKETING AND EVENTS DEPARTMENT REQUEST FOR APPROVAL BY THE MAYORAL COMMITTEE OF THE TSHWANE RAPID TRANSIT NAME VOTING CAMPAIGN RESULTS (From the Mayoral Committee: 19 September 2012 and 8 November 2012)

The report seeks to provide the voting campaign results of the Tshwane Rapid Transit (TRT) naming competition to Mayoral Committee as per the resolution of Mayoral Committee held on 19 September 2012. (A copy of the relevant report is filed with the Official Minutes of this meeting.)

RESOLVED: 1. That the Tshwane Rapid Transit voting campaign results be noted;

2. That the name A Re Yeng for the Tshwane Rapid Transit Service be approved.

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12/1/1 Kwaggasrand-16 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 3. CORPORATE AND SHARED SERVICES DEPARTMENT (CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED SALE OF ERF 16, KWAGGASRAND

(From the Alienation Cluster: 20 September 2012 and the Mayoral Committee: 21 November 2012)

The purpose of the report is to obtain approval to sell erf 16 Kwaggasrand in terms the

Municipal Finance Management Act (Act 56 of 2003) and MAT regulations. (A copy of the relevant report is filed with the Official Minutes of this meeting.)

During consideration of this item by Council on 31 January 2013 and after Cllr J Jansen addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That Erf 16 Kwaggasrand, measuring 1 262m² in extent as indicated in

Annexure B, is not needed to provide the minimum level of basic municipal services;

2. That the fair market value of Erf 16 Kwaggasrand, the economic and community

value to be received in exchange for the property has been determined a set out in the report;

3. That Council consent to the sale of Erf 16,Kwaggasrand measuring 1 262m² in

extent, in terms of section 14(2) of the Local Government’s Municipal Finance Management Act, 2003 (Act 56 of 2003) and the Municipal Asset Regulations 5(1)(b);

4. That Erf 16, Kwaggasrand be sold at the market value as determined by

Finance Department (Property Valuation); 5. That notice of the sale envisaged in recommendations will be given in terms of

section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should no objections and/or representations be received, the process must be proceeded with in terms of Municipality’s Alienation Policy. Should any objections to or representations in respect of the sale received, the proposed sale, together with such objections and/or representations, be submitted to the Council for consideration and final resolution; and

6. That the Municipal’s further conditions of sale usually applicable to a sale of this

nature and the condition embodied in this report be applicable.

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12/1/2 NELLMAPIUS X 4, 4153 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 4. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 4153, NELLMAPIUS EXTENSION 4 (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 21 November 2012)

The purpose of the report is to obtain approval to lease Erf 4153 Nellmapius Extension 4, in terms of the City of Tshwane’s approved Alienation Policy.

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

RESOLVED: 1. That Erf 4153, Nellmapius Extension 4, approximately 1 425 m² is not needed

to provide the minimum level of basic municipal services; 2. That the fair market value of the abovementioned property, the economic and

community value to be received in exchange for the property has been determined as set out in the report;

3. That Council consent to the lease of Erf 4153 Nellmapius Extension 4

measuring approximately 1425 m2, in terms of Local Government: Municipal Asset Transfer (MAT) Regulation 34 (1) (b);

4. That this property be offered for lease for a period of 30 years at a market rental

as determined by Finance Department (Property Valuation); 5. That notice of the lease envisaged in recommendation will be given in terms of

section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1993). Should any objections to or representation in respect of the proposed lease be received, the proposed lease together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy;

6. That any removal, moving and/or change to the existing municipal services

networks that may become necessary due to this application, will be for the applicant’s cost;

7. That the Lessee at his own cost and risk lodge site development plans, building

plans, geological or traffic reports and as required for the proposed development; and

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8. That the Group Legal Counsel be authorised to issue a Power of Attorney to the Lessees so that it can lodge the applications necessary for the development of the property.

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12/1/1 Hammanskraal West 820 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 5. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 820, HAMMANSKRAAL WEST (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 21 November 2012)

The purpose of the report is to obtain approval to lease erf 820 Hammanskraal West in terms of the Council approved alienation policy. (A copy of the relevant report is filed with the Official Minutes of this meeting.) RESOLVED: 1. That the erf 820 Hammanskraal West, measuring 1 230m² is not needed to

provide the minimum level of basic municipal services; 2. That the fair market value of the abovementioned property, the economic and


3. That Council consent to the lease of erf 820 Hammanskraal West measuring

1 230m² in extent in terms of the Municipal Asset Transfer Regulations (Regulation 34 and 36);

4. That erf 820 Hammanskraal West be leased out for Community Facility

purposes, for a period of 30 years at a market rental determined by Finance Department (Property Valuation);

5. That in accordance with section 79(18) of the Local Government Ordinance,

1939 (Ordinance 17 of 1939), notice be given to the Municipality’s intention to lease the abovementioned property. Should no objections and/or representations be received, the process must be proceeded with in terms of the approved Alienation Policy;

6. That the sewer connection THAT WILL be required for this application, at any

other point along the boundaries of the property, WILL BE FOR THE COST OF THE APPLICANT, FURTHERMORE all resulting costs to provide a sewer connection point as well as all costs incurred as a result of the protection by servitude/moving/ provision of a private or municipal sewer necessitated by such application shall be for the account of the applicant. Such sewer and connection must be designed by a Consulting Engineer and installed by a suitably qualified private plumbing contractor under the Engineer’s certified supervision;

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7. That the attention of the lessee be drawn thereto that there is a municipal sewer traversing the property and that no building or big rooted trees with a potentially large root-system may be planted within a distance still to be confirmed by the Water and Sanitation division from the sewer;

8. That the Municipality`s further conditions of lease usually applicable to

transactions of this nature and the conditions embodied in this report be applicable; and

9. That the Member of the Mayoral Committee and the Strategic Executive

Director: Corporate and Shared Services provide progress on the transfer of the property.

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12/1/2 MAMELODI EAST X 18 - 39648 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 6. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 39648, MAMELODI EAST X 18 (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 21 November 2012)

The purpose of the report is to obtain approval to lease Erf 39648 Mamelodi East Extension 18, in terms of the Municipal Finance Management Act (Act 56 of 2003).


RESOLVED: 1. That Erf 39648, Mamelodi East Extension 18 is not needed to provide the

minimum level of basic municipal services; 2. That the fair market value of the abovementioned property, the economic and


3. That Council consent to the lease of Erf 39648, Mamelodi East Extension 18





6. That the sewer connection that will be required for this application, at any other

point along the boundaries of the property, will be for the cost of the applicant; and

7. That any removal, moving and/or change to the existing electrical network that

may become necessary due to this application, will be for the applicant's cost.

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12/1/2 NELLMAPIUS X 4 - 4154 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 7. CORPORATE AND SHARED SERVICES DEPARTMENT


The purpose of the report is to obtain approval to lease Erf 4154 Nellmapius Extension 4, in terms of the City of Tshwane’s approved Alienation Policy.


RESOLVED: 1. That Erf 4154 Nellmapius Extension 4 is not needed to provide the minimum

level of basic municipal services; 2. That the fair market value of the abovementioned property, the economic and



measuring 985 m2 in extent, in terms of Municipal Asset Transfer (MAT) Regulation 34 (1) (b);

4. That Erf 4154 Nellmapius Extension 4 be offered for lease for a period of 30

years at a market rental determined by Finance Department (Property Valuation);

5. That notice of the lease envisaged in recommendation will be given in terms of

section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1993). Should any objections to or representation in respect of the proposed lease be received, the proposed lease together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy; and


may become necessary due to this application, will be for the applicants cost.

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The purpose of the report is to obtain approval to lease Erf 3307 Nellmapius Extension 4 in terms of the Municipal Finance Management Act, (Act 56 of 2003). (A copy of the relevant report is filed with the Official Minutes of this meeting.) RESOLVED: 1. That Erf 3307 Nellmapius Extension 4, measuring 1 425 m2 is not needed to




measuring 1 425 m2 in extent in terms of Local Government: Municipal Asset Transfer (MAT) Regulation 34 (1) (b);



section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1993). Should any objections to or representation in respect of the proposed lease be received, the proposed lease together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy; and



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12/1/1 Nellmapius Extension 4 - 4149 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 9. CORPORATE AND SHARED SERVICES DEPARTMENT


The purpose of the report is to obtain approval to lease Erf 4149, Nellmapius Extension 4 for Business purposes in terms of section14 of the Municipal Finance Management Act (Act 56 of 2003).


RESOLVED: 1. That Erf 4149, Nellmapius Extension 4 is not needed to provide the minimum




measuring 1425 m² in extent in terms of the Municipal Asset Transfer Regulation 34 (1) (b);

4. That Erf 4149 Nellmapius Extension 4 for be leased out for a period of 30 years

at a market value determined by Finance Department (Property Valuation Services);

5. That notice of the lease envisaged will be given in terms of section 79(18) of the

Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed lease be received, the proposed lease, together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in terms of the municipality’s Alienation Policy;

6. That the lessee at his own cost and risk lodge site development plans, building

plans, geological or traffic reports as required for the proposed development; 7. That the Group Legal Counsel be authorised to issue a Power of Attorney to the

lessee so that it can lodge the applications contemplated in the recommendations above;

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8. That access to and from the site/development be to the satisfaction of the Municipality; and



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12/1/2 SOSHANGUVE BLOCK NN - 253 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 10. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 253 SOSHANGUVE BLOCK NN (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 21 November 2012)

The purpose of the report is to obtain approval to lease Erf 253 Soshanguve Block NN in terms of the Municipal Finance Management Act (Act 56 of 2003).


RESOLVED: 1. That Erf 253, Soshanguve Block NN is not needed to provide the minimum level

of basic municipal services; 2. That the fair market rental of the abovementioned property, the economic and


3. That Council consent to the lease of Erf 253, Soshanguve Block NN measuring

1316 m2 in extent, in terms of Local Government: Municipal Asset Transfer (MAT) Regulation 5(1) b (i) and (ii);

4. That Erf 253 Soshanguve Block NN be offered for lease for a period of 30 years

at a market rental determined by Finance Department (Property Valuation); 5. That notice of the lease envisaged in recommendation will be given in terms of

Section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed lease be received, the proposed lease, together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in terms of the municipality’s Alienation Policy;

6. That building plans shall be submitted to the municipality for approval before

construction work commences; 7. That parking should be provided on the property in terms of Table G of the

Akasia/Soshanguve Town Planning Scheme, 1996; 8. That a sewer connection that will be required for this applications at any other

point along the boundaries of the property and all resulting costs to provide a sewer connection point as well as all costs incurred as a result of the protection by servitude/moving/provision of a private or municipal sewer necessitated by such application shall be for the account of the applicant; and

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12/1/1 KWAGGASRAND, ERF 402 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 11. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 402, KWAGGASRAND (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 21 November 2012)

The purpose of the report is to obtain approval to dispose Erf 402 Kwaggasrand in terms of the Municipal Finance Management Act (Act 56 of 2003) and the MAT Regulations.


RESOLVED: 1. That Erf 402 Kwaggasrand measuring approximately 2 050 m2 is not needed to

provide the minimum level of basic municipal services; 2. That the fair rental value of the abovementioned property, the economic and


3. That Council consent to the lease of Erf 402 Kwaggasrand in terms of Local

Government: Municipal Finance Management Act. Municipal Asset Transfer (MAT) Regulation 34 (I) (b);

4. That Erf 402 Kwaggasrand be offered for lease for a period of 30 years at a

market rental as determined by Finance Department (Property Valuation); 5. That notice of the lease envisaged in recommendation will be given in terms of

section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1993). That should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy;

6. That there is an existing municipal sewer pipeline on the boundary of the above

mentioned Erf. The said sewer is protected by standard three metre wide servitude in favour of Council;

7. That an engineer must be appointed before the approval of building plans, who

must design, specify and supervise structural measures for the foundations of structures, according to the soil conditions prevalent on site. On completion of structures, he must certify that all his specifications have been met;

8. That the Group Legal Counsel be authorised to issue a power of attorney to the

Lessee to submit a building plan on the said property; and

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9. That the Municipality`s further conditions of lease usually applicable to transactions of this nature and the conditions embodied in this report be applicable.

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12/1/1 ELANDSPOORT 357JR-469 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 12. CORPORATE AND SHARED SERVICES DEPARTMENT (CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED CESSION/ASSIGNMENT OF RIGHTS CONTAINED IN A DEED OF

LEASE FOR PORTION 469 A PORTION OF PORTION 433 ELANDSPOORT KNOWN AS DTI BUILDING

(From the Mayoral Committee: 21 November 2012

The purpose of the report is to obtain approval to cede the rights entered into with Messrs ATTERBURY PROPERTY HOLDINGS (PROPRIETARY) LIMITED now known as Atterbury Investment Holdings Limited Registration Number: 1997/000543/06 for the lease of Portion 469 (a portion of portion 433) Elandspoort to Hestitrix (Property) Limited, Registration Number: 2010/015274/07 in terms of clause 16 of the lease agreement and the approved alienation policy.

(A copy of the relevant report is filed with the Official Minutes of this meeting.) RESOLVED: 1. That Council consent to the cession and assignment of rights from Atterbury

Property Holdings (PTY) Limited now known as Atterbury Investment Holdings Limited Registration Number: 1997/000543/06 and Parkdev S.A. (Proprietary) Limited to Hestitrix (Proprietary) Limited, Registration Number:2010/015274/07 in respect of Portion 469 (a portion of Portion 433) Elandspoort No 357, Registration Division J.R. measuring 7 772m2 in extent for the remaining period of the lease agreement;

2. That the notarial tie of portion 469 of the farm Elandspoort 357-JR with erf 86

Trevenna for the right of access over erf 86 be protected and registered in the office of the Registrar of Deeds against the said Erf 86; and

3. That the beneficiary of the cession of rights will provide the Chief Legal Counsel

with a valid Tax Clearance Certificate or any other document that may be required to ensure that the beneficiary complies with the code of good practise relevant to their sector, upon signing of the Cession of Rights.

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Ref: 17/5/P Tembeka Mhlekwa (1355) COUNCIL: 31 January 2013 13. ECONOMIC DEVELOPMENT DEPARTMENT

(EXPANDED PUBLIC WORKS PROGRAMME) APPROVAL OF THE CITY OF TSHWANE EXPANDED PUBLIC WORKS PROGRAMME POLICY (From the Mayoral Committee: 21 November 2012)

The objective of the report is to obtain approval for the revised Expanded Public Works Programme (EPWP) policy and implementation framework for the remaining two years of EPWP Phase II. EPWP II shall be implemented by all spheres of government and state-owned enterprises in the 2009/2010 – 2014/2015 financial years.


During consideration of this item by Council on 31 January 2013 and after Cllr PA van der Walt and MMC S Pillay addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That the Expanded Public Works Programme Policy be approved; 2. That heads of departments ensure the successful implementation of this policy

in line with the implementation plan; and 3. That Departmental targets as determined annually by Mayoral Committee be

included in Performance contracts of Strategic Executive Directors.

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V9/1-P Pheko Letlonkane (1064) COUNCIL: 31 January 2013 14. TRANSPORT DEPARTMENT

(INFRASTRUCTURE DESIGN, CONSTRUCTION AND MAINTENANCE) APPROVAL FOR WORK IN THE PUBLIC ROAD RESERVE BY-LAWS

(From the Mayoral Committee: 21 November 2012)

The purpose of the report is to obtain approval for the publication of By-laws for Work in the Public Road Reserve.

(A copy of the relevant report is filed with the Official Minutes of this meeting.) During consideration of this item by Council on 31 January 2013 and after Cllr RP Fourie addressed Council on this matter, it was resolved as set out below: RESOLVED: That consideration be given to instituting penalties for the infringement of the By-Law, including among others the termination of the services of the parties at fault.

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ST – B12/15 Andile Dyakala (8100) COUNCIL: 31 January 2013 15. GROUP FINANCIAL SERVICES DEPARTMENT

CORPORATE MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDED 31 OCTOBER 2012 (From the Mayoral Committee: 9 January 2013)

The purpose of the report is: a) to provide a financial overview of the financial position of the municipality, as well

as the financial results regarding the operating and capital budgets, for the period ended 31 October 2012 in terms of Section 52(d) and Section 71 of the MFMA;

b) to provide comparative figures for the same period of the previous financial year, so as to determine whether there is a decline or an improvement in the outcomes for the current financial year versus the previous financial year;

c) to comply with Section 54 of the MFMA, regarding budgetary control and early identification of financial problems; and

d) to inform the municipal council of any impending shortfalls, overspending and overdrafts in terms of Section 70 of the MFMA.

(A copy of the relevant report is filed with the Official Minutes of this meeting.) RESOLVED: That the financial results regarding the operating and capital budgets for the first four (4) months of the 2012/13 financial year, and the financial position of the municipality, as well as the cash-flow status indicated in section 7.2 of the report as at 31 October 2012, are submitted in compliance to Section 52(d) and Section 71 of the MFMA.

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ST – B12/15 Andile Dyakala (8100/1) COUNCIL: 31 January 2013 16. GROUP FINANCIAL SERVICES DEPARTMENT

GRANTS AND SUBSIDIES MONTHLY PROGRESS REPORT ENDED 30 NOVEMBER 2012 (From the Mayoral Committee: 9 January 2013)

The purpose of the report is to inform the Mayoral Committee of the performance progress of the various Inter-governmental Grants and Subsidies for the period ended 30 November 2012. (A copy of the relevant report is filed with the Official Minutes of this meeting.) During consideration of this item by Council on 31 January 2013 and after the following Councillors addressed Council on this matter, it was resolved as set out below: BA Engelbrecht MGW Aucamp MMC J Ngonyama ST Msimanga MMC TE Mabusela RESOLVED: 1. That note is taken of the progress of the various grants and subsidies for the

period under review; 2. That cognisance is taken of the reasons for variances on Grants and Subsidies

revenue and expenditure as set out in paragraph 5 of the report; 3. That cognisance is taken of the non-receipt and/or non-recognition of

grant/subsidy funding, as set out in paragraph 5 of the report; and 4. That the responsible Strategic Executive Directors make sure that all

grant/subsidy funding due to their respective departments are collected from the transferring authorities as agreed in the respective Memoranda of Understanding/Service Level Agreements or as Gazetted.

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CORPORATE MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDED 30 NOVEMBER 2012 (From the Mayoral Committee: 9 January 2013)

The purpose of the report is: e) to provide a financial overview of the financial position of the municipality, as well

as the financial results regarding the operating and capital budgets, for the period ended 30 November 2012 in terms of Section 52(d) and Section 71 of the MFMA;

f) to provide comparative figures for the same period of the previous financial year, so as to determine whether there is a decline or an improvement in the outcomes for the current financial year versus the previous financial year;

g) to comply with Section 54 of the MFMA, regarding budgetary control and early identification of financial problems; and

h) to inform the municipal council of any impending shortfalls, overspending and overdrafts in terms of Section 70 of the MFMA.


RESOLVED: 1. That the financial results regarding the operating and capital budgets for the

first five (5) months of the 2012/13 financial year, and the financial position of the municipality, as well as the cash-flow status indicated in section 7.2 of the report as at 30 November 2012, are submitted in compliance to Section 52(d) and Section 71 of the MFMA; and

2. That the City Manager compiles a report that addresses the concerns raised by

the Mayoral Committee.

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12/1/1 Hammanskraal West 2226 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 18. CORPORATE AND SHARED SERVICES DEPARTMENT (CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 2226, HAMMANSKRAAL WEST (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee:

9 January 2013)

The purpose of the report is to obtain approval to lease of erf 2226 Hammanskraal West in terms of the Municipal Finance Management Act (Act 56 of 2003). (A copy of the relevant report is filed with the Official Minutes of this meeting.)

RESOLVED: 1. That the erf 2226 Hammanskraal West is not needed to provide the minimum



3. That Council consent to the lease of erf 2226 Hammanskraal West measuring 4

765m² in terms of the Municipal asset transfer regulations (Regulation 34 and 36);

4. That Eskom is responsible for the supply of electricity, and that application for

the supply of electricity to the portion should be made to the Eskom office; 5. That erf 2226 Hammanskraal West be leased out for a period of 30 years at a

market rental determined by Finance Department (Property Valuation); 6. That in accordance with section 79(18) of the Local Government Ordinance,



plans, geological or traffic reports and as required for the proposed development; 8. That the City Manager be authorised to issue a Power of Attorney to the Lessees

so that it can lodge the applications necessary for the development of the property;

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9. That the existing municipal services that need to be protected, so that no buildings may be erected or trees with a potentially large root system planted within the services area. Any removal, moving and/or change to the existing municipal services networks that may become necessary due to this application or development , will be for the applicant’s cost; and


transactions of this nature and the conditions embodied in this report be applicable.

(Remark: At the Council meeting of 31 January 2013, Cllr J Jansen indicated that the valuation certificate attached to the report was not signed and therefore requested that it be signed before the application is processed).

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12/1/2 HAMMANSKRAAL WEST - 84 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 19. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 84, HAMMANSKRAAL WEST (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013)

The purpose of the report is to obtain approval to lease Erf 84, Hammanskraal West, in terms of the Municipal Finance Management Act (Act 56 of 2003)

(A copy of the relevant report is filed with the Official Minutes of this meeting.) RESOLVED: 1. That Erf 84, Hammanskraal West, approximately 4 361 m2, is not needed to



3. That Council consent to the lease of Erf 84, Hammanskraal West measuring

approximately 4 361 m2, in terms of Local Government: Municipal Asset Transfer (MAT) Regulation 34 (1) (b);



section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1993). Should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy;


the supply of electricity to the portion should be made to the Eskom office; 7. That the Municipality`s further conditions of lease usually applicable to

transactions of this nature and the conditions embodied in this report be applicable;



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9. That the City Manager be authorised to issue a Power of Attorney to the Lessees so that it can lodge the applications necessary for the development of the property.

(Remark: At the Council meeting of 31 January 2013, Cllr J Jansen requested that the escalation date for rental and assessment of this property be amended to 1 January 2014 given that 1 January 2013 has already passed. He also requested that a new valuation be done for this property).

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(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 474, HAMMANSKRAAL WEST

(From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013)

The purpose of the report is to obtain approval to lease of erf 474 Hammanskraal West in terms of the Municipal Finance Management Act (Act 56 of 2003). (A copy of the relevant report is filed with the Official Minutes of this meeting.) RESOLVED: 1. That the erf 474 Hammanskraal West, measures 3 502 m² is not needed to




3 502 m² in terms of the Municipal asset transfer regulations (Regulation 34 and 36);

4. That erf 474 Hammanskraal West be leased out for a period of 30 years at a




point along the boundaries of the property, will be for the cost of the applicant, furthermore all resulting costs to provide a sewer connection point as well as all costs incurred as a result of the protection by servitude / moving / provision of a private or municipal sewer necessitated by such application shall be for the account of the applicant. Such sewer and connection must be designed by a Consulting Engineer and installed by a suitably qualified private plumbing contractor under the Engineer’s certified supervision;

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7. That the attention of the lessee be drawn thereto that there is a municipal sewer traversing the property and that no building or big rooted trees with a potentially large root-system may be planted within a distance still to be confirmed by the Water and Sanitation division from the sewer;


the supply of electricity to the portion should be made to the Eskom office; 9. That the Municipality`s further conditions of lease usually applicable to


10. That the Lessee at his own cost and risk lodge site development plans, building plans, geological or traffic reports and as required for the proposed development; and

11. That the City Manager be authorised to issue a Power of Attorney to the

Lessees so that it can lodge the applications necessary for the development of the property.

(Remark: At the Council meeting of 31 January 2013, Cllr J Jansen requested that the correct valuation certificate be attached to the report before the application is processed.)

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12/1/1 MAMELODI EAST - 19428 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 21. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED SALE OF ERF 19428, MAMELODI EAST (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013)

The purpose of the report is to obtain approval to sell Erf 19428 Mamelodi East in

terms of section 14 of the Municipal Finance Management Act (Act 56 of 2003).


RESOLVED: 1. That Erf 19428, Mamelodi East, measuring 517 m² is not needed to provide the

minimum level of basic municipal services; 2. That the fair market value of the above mentioned property, the economic and


3. That Council consent to the sale of Erf 19428, Mamelodi East measuring 517

m² in extent in terms of section 14(2) of the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003) and the Municipal Asset Transfer Regulation;

4. That Erf 19428, Mamelodi East be sold at the market value as determined by

the Finance Department (Property Valuation); 5. That the sale of the property be advertised in terms of section 79(18) of the

Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should no objections and/or representations be received, the process must be proceeded with in terms of the approved Alienation Policy. Should any objections to or representations in respect of the sale be received, the proposed sale, together with such objections and/or representations, be submitted to the Council for consideration and final resolution. That should no objection and/or representations be received, the sale of this property be proceeded with;

6. That access to and from Erf 19428, Mamelodi East be to the satisfaction of the

Municipality; 7. That any removal, moving and/or change to the existing municipal services

networks that may become necessary due to this application, will be for the applicant's cost;

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8. That the purchaser simultaneously with registration of transfer at its own cost registers a suitable sized servitude subject to such conditions as may be laid down by the Municipality in respect of the existing municipal sewer traversing the property; and

9. That the Municipal’s further conditions of sale usually applicable to sale of this

nature and the conditions embodied in the report be applicable.

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12/1/2 MAMELODI EAST EXTENSION 10 - 29999 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 22. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 29999, MAMELODI EAST EXTENSION 10 (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013)

The purpose of the report is to obtain approval to lease Mamelodi East Extension 10 Erf 29999 in terms of the Municipal Finance Management Act (Act 56 of 2003).

(A copy of the relevant report is filed with the Official Minutes of this meeting.) IT WAS RECOMMENDED (TO THE COUNCIL: 31 JANUARY 2013): 1. That Erf 29999, Mamelodi East Extension 10, approximately 1 195 m² is not

needed to provide the minimum level of basic municipal services; 2. That the fair market value of the abovementioned property, the economic and


3. That Council consent to the lease of Erf 29999 Mamelodi East Extension 10 measuring approximately 1 195 m2, in terms of Local Government: Municipal Asset Transfer (MAT) Regulation 34 and 36;


as determined by Finance Department (Property Valuation); 5. That any removal, moving and/or change to the existing electrical network that

may become necessary due to this application, will be for the applicant's cost;

6. That notice of the lease envisaged will be given in terms of Section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should no objections and/or representations be received, the process be proceeded with in terms of the municipality’s Alienation Policy;




During consideration of this item by Council on 31 January 2013, Cllr J Jansen seconded by Cllr LR Mathibedi proposed the following amendment:

57

(Unaltered)

“That the report be referred back and be resubmitted to Council after the residential shacks had been removed from this property.”

Following an address by MMC RT Mashego and Cllr CN McDonald on this matter, the Speaker put the proposal by Cllr Jansen to a vote and declared the results as follows: For the proposal by Cllr Jansen: 79 Against the proposal by Cllr Jansen: 105 Abstained: 5 In view of the above voting result, it was resolved as set out below: RESOLVED: 1. That Erf 29999, Mamelodi East Extension 10, approximately 1 195 m² is not

needed to provide the minimum level of basic municipal services; 2. That the fair market value of the abovementioned property, the economic and


3. That Council consent to the lease of Erf 29999 Mamelodi East Extension 10 measuring approximately 1 195 m2, in terms of Local Government: Municipal Asset Transfer (MAT) Regulation 34 and 36;


as determined by Finance Department (Property Valuation); 5. That any removal, moving and/or change to the existing electrical network that

may become necessary due to this application, will be for the applicant's cost; 6. That notice of the lease envisaged will be given in terms of Section 79(18) of the

Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should no objections and/or representations be received, the process be proceeded with in terms of the municipality’s Alienation Policy;



8. That the City Manager be authorised to issue a Power of Attorney to the Lessees

so that it can lodge the applications necessary for the development of the property.

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(Remark: At the Council meeting of 31 January 2013, Cllr M Aucamp on behalf of the DA requested that their dissenting vote against this report be recorded.)

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12/1/1 MAMELODI WEST - 3775 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 23. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 3775, MAMELODI WEST (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013)

The purpose of the report is to obtain approval to lease erf 3775 Mamelodi West in terms of the Municipal Finance Management Act (Act 56 of 2003) (A copy of the relevant report is filed with the Official Minutes of this meeting.) IT WAS RECOMMENDED (TO THE COUNCIL: 31 JANUARY 2013): 1. That Erf 3775 Mamelodi West, measuring 1 532 m² is not needed to provide the

minimum level of basic municipal services; 2. That the market value of the abovementioned property, the economic and


3. That Council consent to the lease of erf 3775 Mamelodi West measuring

1532m² in extent in terms of Municipal Asset Transfer (MAT) Regulations, Regulation 34 and 36;

4. That Erf 3775 Mamelodi West be leased out for a period of 30 years at a market

rental determined by Finance Department (Property Valuation Services); 5. That notice of the lease envisaged in recommendation will be given in terms of

section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1993). Should any objections to or representation in respect of the proposed lease be received, the proposed lease together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the approved Alienation Policy;

6. That access to and from Erf 3775 Mamelodi West be to the satisfaction of the

Municipality; 7. That the following recommendations be included as conditions in the Lease

Agreement and be authorised by Council: 7.1 That any removal, moving and/or change to the existing municipal services


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7.2. That the Lessee at his own cost and risk lodge site development plans, building


7.3 That the City Manager be authorised to issue a Power of Attorney to the Lessee


During consideration of this item by Council on 31 January 2013, Cllr J Jansen seconded by Cllr LR Mathibedi proposed the following amendment:

(Unaltered)

“that the report be referred back and be resubmitted to Council after the illegal occupation of this property had been resolved.”

Since there was opposition to the proposed amendment by Cllr Jansen, the Speaker put the proposed amendment to a vote and declared the results as follows: For the proposed amendment by Cllr Jansen: 78 Against the proposed amendment by Cllr Jansen: 109 Abstained: 4 In view of the above voting results, it was resolved as set out below: RESOLVED: 1. That Erf 3775 Mamelodi West, measuring 1 532 m² is not needed to provide the

minimum level of basic municipal services; 2. That the market value of the abovementioned property, the economic and


3. That Council consent to the lease of erf 3775 Mamelodi West measuring

1532m² in extent in terms of Municipal Asset Transfer (MAT) Regulations, Regulation 34 and 36;

4. That Erf 3775 Mamelodi West be leased out for a period of 30 years at a market

rental determined by Finance Department (Property Valuation Services); 5. That notice of the lease envisaged in recommendation will be given in terms of

section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1993). Should any objections to or representation in respect of the proposed lease be received, the proposed lease together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the approved Alienation Policy;

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6. That access to and from Erf 3775 Mamelodi West be to the satisfaction of the

Municipality; 7. That the following recommendations be included as conditions in the Lease

Agreement and be authorised by Council: 7.1 That any removal, moving and/or change to the existing municipal services


7.2. That the Lessee at his own cost and risk lodge site development plans, building


7.3 That the City Manager be authorised to issue a Power of Attorney to the Lessee


(Remark: At the Council meeting of 31 January 2013, Cllr M Aucamp on behalf of the DA requested that their dissenting vote against this report be recorded.)

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12/1/1 Jan Niemand Park – 84/1 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 24. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED SALE OF PORTION 1 OF ERF 84, JAN NIEMAND PARK (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013) The purpose of the report is to obtain approval to sell Portion 1 of Erf 84 Jan Niemand Park for residential purposes in terms of City of Tshwane Alienation Policy.

(A copy of the relevant report is filed with the Official Minutes of this meeting.) During consideration of this item by Council on 31 January 2013, and after Cllr J Mkhize and CH Boshoff addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That Portion 1 of Erf 84, Jan Niemand Park, approximately 1 487 m² is not

needed to provide the minimum level of basic municipal services; 2. That the fair market value of Portion 1 of Erf 84 Jan Niemand Park, the

economic and community value to be received in exchange of the property has been determined as set out in the report;

3. That Council consent to the sale of Portion 1 of Erf 84, Jan Niemand Park in

terms of section 14(2) of the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003);

4. That the property be sold at the market value determined by Finance

Department (Property valuation); 5. That in accordance with section 79(18) of the Local Government Ordinance,

1939 (Ordinance 17 of 1939), notice be given of the Municipality’s intention to sell the abovementioned property. Should no objections and/or representations be received, the process must be proceeded with in terms of the Municipality’s Alienation Policy; and

6. That in the event that any services are affected the re-location of the said

services shall form part of the said departmental consent but is not limited thereto. The cost of the re-location of such services, where applicable, shall not be for the account of the City of Tshwane and shall be at the cost and risk of the Purchaser.

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(Remark: At the Council meeting of 31 January 2013, Cllr J Jansen explained that the purpose of the report was for a sale of this particular property, however, the attached valuation certificate was for rental. Based on the explanation, he requested that the appropriate valuation certificate be done in this regard before processing).

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12/1/1 Atteridgeville X7- 9563 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 25. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTIC SERVICES) PROPOSED LEASE OF ERF 9563, ATTERIDGEVILLE EXTENSION 7 (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9

January 2013) The purpose of the report is to obtain approval to lease Erf 9563, Atteridgeville

Extension 7, in terms of the Municipal Finance Management Act and Regulations (Act 56 of 2003). (A copy of the relevant report is filed with the Official Minutes of this meeting.)

RESOLVED: 1. That the Erf 9563 Atteridgeville x7, measuring 1 532 m² is not needed to

provide the minimum level of basic municipal services; 2. That the fair market rental of Erf 9563 Atteridgeville x7, the economic and


3. That Council consent to the lease of Erf 9563 Atteridgeville x7 in terms of

Regulation 34(1) of the Municipal Assets Transfer (MAT), Regulations; 4. That Erf 9563, Atteridgeville x7 be leased for a period of thirty (30) years at the

market rental determined by Finance Department (Property Valuation); 5. That notice of the proposed lease be given in terms of section 79(18) of the

Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should no objections and/or representations be received, the process be proceeded with in terms of the approved Alienation Policy;

6. That a complete Site Development Plan must be submitted before any building

construction may commence, at the applicant’s costs; 7. That no structures be allowed over any Municipal services situated on the

proposed lease premises; 8. That the Lessee at its own risk and cost apply for a geological survey of the

proposed lease premises within 3 months of signing of the Lease Agreement subject thereto that if any such geological survey indicates that the leases premises cannot be developed the lease agreement be cancelled;

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9. That the Lessee at his own cost and risk lodge site development plans, building plans, geological or traffic reports and as required for the proposed development;


Lessees so that it can lodge the applications necessary for the development of the property;

11. That the Department proceeds to advertise its intension to lease the property

for a further 30 years for a similar use to its current one; and 12. That during the review of the Alienation Policy provision must be made for the

consideration of a closed tender or administrative extension of lease in the case of the expiration of a current lease agreement.

(Remark: At the Council meeting of 31 January 2013, Cllr J Jansen explained that the valuation certificate was for a sale of this particular property, however, the recommendation was for a lease of the property. Based on the explanation he requested that a new valuation be done before processing).

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(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 1759, HAMMANSKRAAL WEST (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013)

The purpose of the report is to obtain approval to lease erf 1759 Hammanskraal West in terms of the Council approved alienation policy. (A copy of the relevant report is filed with the Official Minutes of this meeting.)

RESOLVED: 1. That the erf 1759 Hammanskraal West, measuring 6 545m² is not needed to




6 545m² in terms of the Municipal asset transfer regulations (Regulation 34 and 36);

4. That erf 1759 Hammanskraal West be leased out for a period of 30 years at a



6. That there ARE VARIOUS municipal sewer pipes traversing the property that

must be protected by suitably sized servitudes in favour of the City of Tshwane at the cost of the applicant;

7. That the attention of the lessee be drawn thereto that there is a municipal sewer

traversing the property and that no building or big rooted trees with a potentially large root-system may be planted within a distance still to be confirmed by the Water and Sanitation division from the sewer;

8. That the property lies within Eskom Distribution for supply of electricity and

application must be lodged by the applicant to Eskom, Northern distribution;

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9. That the Municipality`s further conditions of lease usually applicable to transactions of this nature and the conditions embodied in this report be applicable;



11. That the City Manager be authorised to issue a Power of Attorney to the Lessees


(Remark: At the Council meeting of 31 January 2013, Cllr J Jansen requested that the escalation date for the rental and assessment of this property be amended to 1 January 2014 given that 1 January 2013 has already passed).

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12/1/1 Saulsville – 4299 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 27. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF PORTION 2 OF ERF 4299, SAULSVILLE (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013)

The purpose of the report is to obtain approval to lease portion 2 of Erf 4299 Saulsville, in terms of the City of Tshwane’s approved Alienation Policy. (A copy of the relevant report is filed with the Official Minutes of this meeting.)

IT WAS RECOMMENDED (TO THE COUNCIL: 31 JANUARY 2013): 1. That portion 2 of Erf 4299 Saulsville, approximately 5,520 m² is not required to

provide the minimum basic needs of the municipal services; 2. That the fair market value of portion 2 of Erf 4299 Saulsville, the economic

value and community value to be received in exchange for the property has been determined as set out in the report;

3. That Council consent to the lease of portion 2 of erf 4299 Saulsville in terms of

Regulation 34 and 36 of the Municipal Asset Transfer Regulation (MAT); 4. That the above property be leased out for a period of 30 years at a market

related rental determined by the Finance Department (Property Valuation); 5. That in accordance with section 79(18) of the Local Government Ordinance,

1939 (Ordinance 17 of 1939), notice be given to the Municipality’s intention to lease the abovementioned property. Should no objections and/or representations be received, the process be proceeded with in terms of the approved Alienation Policy;

6. That the lessee adheres to all departmental terms and conditions as set in this

report; 7. That the Lessee at his own cost and risk lodge site development plans, building




69

During consideration of this item by Council on 31 January 2013, the following Councillors participated in a debate: LG Motau J Ntuli Subsequently, Cllr WD Peach seconded by Cllr J Jansen proposed the following amendment:

(Unaltered)

“That this report be referred back until the question of Leamogetswe

Safety Home has been resolved.” Since the consensus could not be reached on the proposed amendment by Cllr Peach, the Speaker put the proposed amendment to a vote and declared the results as follows: For the proposed amendment by Cllr Peach: 79 Against the proposed amendment by Cllr Peach: 109 Abstained: 0 In view of the above voting results, it was resolved as set out below: RESOLVED: 1. That portion 2 of Erf 4299 Saulsville, approximately 5,520 m² is not required to

provide the minimum basic needs of the municipal services; 2. That the fair market value of portion 2 of Erf 4299 Saulsville, the economic

value and community value to be received in exchange for the property has been determined as set out in the report;

3. That Council consent to the lease of portion 2 of erf 4299 Saulsville in terms of

Regulation 34 and 36 of the Municipal Asset Transfer Regulation (MAT); 4. That the above property be leased out for a period of 30 years at a market

related rental determined by the Finance Department (Property Valuation); 5. That in accordance with section 79(18) of the Local Government Ordinance,

1939 (Ordinance 17 of 1939), notice be given to the Municipality’s intention to lease the abovementioned property. Should no objections and/or representations be received, the process be proceeded with in terms of the approved Alienation Policy;

6. That the lessee adheres to all departmental terms and conditions as set in this

report;

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(Remark: At the Council meeting of 31 January 2013, Cllr M Aucamp on behalf of the DA requested that their dissenting vote on this report be recorded.)

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12/1/1/ Eersterust X2 - 304 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 28. CORPORATE AND SHARED SERVICES DEPARTMENT (CORPORATE PROPERTY AND LOGISTICAL SERVICES)

PROPOSED SALE OF ERF 304, EERSTERUST EXTENSION 2 (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013)

The purpose of the report is to obtain approval to sell Erf 304 Eersterust Extension 2, in terms of the Municipal Finance Management Act (Act 56 of 2003) and MAT.


During consideration of this item by Council on 31 January 2013, and after Cllr I Singh addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That Erf 304, Eersterust Extension 2, approximately 377 m² is not needed to

provide the minimum level of basic municipal services; 2. That the fair market value of Erf 304, Eersterust Extension 2 the economic and

community value to be received in exchange for the properties has been determined as set out in the report;

3. That Council consent to the sale of the property in terms of section 14(2) of the

Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003); 4. That the property be sold at the market value determined by Finance

Department (Property Valuation); 5. That notice of the proposed sale be given in terms of section 79(18) of the Local

Government Ordinance, 1939 (Ordinance 17 of 1939). Should no objections and/or representations be received, the process must be proceeded with in terms of the Municipality’s Alienation Policy; and

6. That the sewer connection THAT WILL be required for this application, at any

other point along the boundaries of the property WILL BE FOR THE COST OF THE APPLICANT, FURTHERMORE all resulting costs to provide a sewer connection point as well all costs incurred as a result of the protection by servitude/moving/ provision of a private or municipal sewer necessitated by such application shall be for the account of the applicant. Such sewer and connection must be designed by a Consulting Engineer and installed by a suitably qualified private plumbing contractor under the Engineer’s certified supervision.

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12/1/1/ EERSTERUST X2 - 5680 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 29. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED SALE OF ERF 5680, EERSTERUST EXTENSION 2 (From the Alienation Cluster: 13 December 2012 and the Mayoral Committee: 9 January 2013)

The purpose of the report is to obtain approval to sell Erf 5680, Eersterust Extension 2, in terms of the Municipal Finance Management Act (Act 56 of 2003) and MAT. (A copy of the relevant report is filed with the Official Minutes of this meeting.)

RESOLVED: 1. That Erf 5680, Eersterust Extension 2, approximately 1 828 m², is not needed to



3. That Council consent to the sale of Erf 5680, Eersterust Extension 2 measuring

approximately 1 828 m2, in terms of the Municipal Finance Management Act (Act 56 of 2003);

4. That this property be offered for sale at a market value determined by Finance

Department (Property Valuation); 5. That notice of the sale envisaged in recommendation will be given in terms of

section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1993). Should any objections to or representation in respect of the proposed sale be received, the proposed sale together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in terms of the municipality’s Alienation Policy;


point along the boundaries of the property, will be for the cost of the applicant; 7. That any removal, moving and/or change to the existing electrical network that

may become necessary due to this application, will be for the applicants’ cost; and

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8. That any future structure, buildings being erected on the above-mentioned premises, must conform with the provisions of the National Building Regulations, SABS 0400, Part T.

(Remark: At the Council meeting of 31 January 2013, Cllr J Jansen indicated that the valuation certificate attached to this report was not signed and requested that it be signed before this application is processed.)

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12/1/1 EERSTERUST EXTENSION 3 -5683 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 30. CORPORATE AND SHARED SERVICES DEPARTMENT (CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED SALE OF ERF 5683, EERSTERUST EXTENSION 3


The purpose of the report is to obtain approval to sell Erf 5683, Eersterust Extension 3 in terms of the Municipal Finance Management Act (Act 56 of 2003). (A copy of the relevant report is filed with the Official Minutes of this meeting.) RESOLVED: 1. That Erf 5683, Eersterust Extension 3, approximately 1 486 m² is not required

to provide the minimum basic needs of the municipal services;

2. That the fair market value, the economic and community value to be received in exchange of the property have been determined as set out in the report;

3. That Council consent the sale of Erf 5683, Eersterust Extension 3,

approximately 1 486 m² in extent in terms of section 14(2) of the Municipal Finance Management Act (Act 56 0f 2003);

4. That the above mentioned property be sold at the market value determined by

Finance Department (Property Valuation);

5. That in accordance with section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939), notice be given to the Municipality’s intention to sell the abovementioned property. Should no objections and/or representations be received, the process must be proceeded with in terms of the Municipality’s Alienation Policy; and

6. That the property be utilized for residential purposes only and no rezoning or

consent use will be permitted. (Remark: At the Council meeting of 31 January 2013, Cllr J Jansen indicated that the valuation certificate attached to this report was not signed and requested that it be signed before this application is processed).

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12/1/2 Ga-Rankuwa Industrial - Erf 196 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 31. CORPORATE AND SHARED SERVICES DEPARTMENT (CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 196, GARANKUWA INDUSTRIAL


The purpose of the report is to obtain approval to lease Erf 196 Ga-Rankuwa Industrial

in terms of the approved City of Tshwane’s Alienation Policy. (A copy of the relevant report is filed with the Official Minutes of this meeting.)

RESOLVED: 1. That Erf 196 Ga-Rankuwa Industrial, approximately 2 400 m² is not needed to



3. That Council consent to the lease of Erf 196, Ga-Rankuwa Industrial measuring

approximately 2400 m2, in terms of Local Government: Municipal Asset Transfer (MAT) Regulation 34 (1) (b);

4. That this property be offered for lease for a period of 30 years at a market

rental as determined by Finance Department (Property Valuation); 5. That notice of the lease envisaged in recommendation will be given in terms of


6. That should a sewer connection be required for this application at any other

point along the boundaries of the property all resulting costs to provide a sewer connection point as well as all costs incurred as a result of the protection by servitude/moving/provision of a private or municipal sewer necessitated by such application shall be for the account of the applicant;

7. That property lies within Eskom Distribution for supply of electricity, therefore,

we wish to advice that you lodge your application through Eskom Northern Distribution;

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8. That any noise abatement, air pollution control measures as well as other

health requirements that the Strategic Executive Director: Health and Social Development may impose, shall be complied with, to the satisfaction of the said officer without any costs to the City of Tshwane;




plans, geological or traffic reports and as required for the proposed development;


Lessees so that it can lodge the applications necessary for the development of the property; and

12. That the application be approved on condition that the purpose for the lease is

in line with the provisions of the zoning certificate of Industrial 1. (Remark: At the Council meeting of 31 January 2013, Cllr J Jansen indicated that the valuation certificate attached to this report was not signed and requested that it be signed before this application is processed).

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12/1/2 GA-RANKUWA INDUSTRIAL- ERF 199 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 32. CORPORATE AND SHARED SERVICES DEPARTMENT (CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 199, GARANKUWA INDUSTRIAL



in terms of the approved City of Tshwane’s Alienation Policy.


RESOLVED: 1. That Erf 199, Ga-Rankuwa Industrial, approximately 2 382 m2, is not needed to










7. That Erf 199, Ga-Rankuwa Industrial lies within Eskom Distribution for supply of

electricity and that an application must be submitted to the Eskom Northern Distribution for the supply to this property;

78

8. That any noise abatement, air pollution control measures as well as other health requirements that the Strategic Executive Director: Health and Social Development;




Lessees so that it can lodge the applications necessary for the development of the property; and

11. That the application be approved on condition that the purpose for the lease is

in line with the provisions of the zoning certificate of Industrial 1.

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12/1/2 GA-RANKUWA INDUSTRIAL, ERF 221 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 33. CORPORATE AND SHARED SERVICES DEPARTMENT (CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 221, GARANKUWA INDUSTRIAL



in terms of the approved City of Tshwane’s Alienation Policy. (A copy of the relevant report is filed with the Official Minutes of this meeting.)

IT WAS RECOMMENDED (TO THE COUNCIL: 31 JANUARY 2013): 1. That Erf 221, Ga-Rankuwa Industrial, approximately 2 062 m2, is not needed to






rental as determined by Finance Department (Property Valuation); 5. That notice of the lease envisaged in recommendation will be given in terms of






80


health requirements that the Strategic Executive Director: Health and Social Development;





11. That, in the condition of lease, the following be included: “That the final rental agreement would only be determined once the rezoning

has taken place.” 12. That the application be approved on condition that the purpose for the lease is

in line with the provisions of the zoning certificate of Industrial 1. During consideration of this item by Council on 31 January 2013, Cllr J Jansen seconded by Cllr JS van Zyl proposed the following amendment:

(Unaltered)

“That the Municipality’s further conditions of lease usually applicable to transactions of this nature and the conditions embodied in this report be applicable.

That all subsequent recommendations be renumbered.” The Council acceded to Cllr Jansen’s proposal and it was thereafter resolved as set out below: RESOLVED: 1. That Erf 221, Ga-Rankuwa Industrial, approximately 2 062 m2, is not needed to






rental as determined by Finance Department (Property Valuation);

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5. That notice of the lease envisaged in recommendation will be given in terms of section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1993). Should any objections to or representation in respect of the proposed lease be received, the proposed lease together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy;






health requirements that the Strategic Executive Director: Health and Social Development;





11. That, in the condition of lease, the following be included: “That the final rental agreement would only be determined once the rezoning

has taken place.” 12. That the application be approved on condition that the purpose for the lease is

in line with the provisions of the zoning certificate of Industrial 1. 13. That the Municipality’s further conditions of lease usually applicable to

transactions of this nature and the conditions embodied in this report be applicable.

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12/1/1 GARANKUWA UNIT 20 - 202 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 34. CORPORATE AND SHARED SERVICES DEPARTMENT (CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 202, GARANKUWA UNIT 20


The purpose of the report is to obtain approval to lease Erf 202 Ga-Rankuwa Unit 20 in terms of the Municipal Finance Management Act (Act 56 of 2003). (A copy of the relevant report is filed with the Official Minutes of this meeting.) IT WAS RECOMMENDED (TO THE COUNCIL: 31 JANUARY 2013): 1. That Erf 202 Garankuwa unit 20, approximately 894 m² is not required to

provide the minimum basic needs of the municipal services; 2. That the fair market rental, the economic and community value to be received in

exchange of the property has been determined as set out in the report; 3. That Council consent to the lease of Erf 202 Ga-Rankuwa in terms of section

14(2) of the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003) and Municipal Asset Transfer (MAT) Regulation 34(1) (b);

4. That the leasing of the property will only be allowed on a temporary basis and

no Permanent structures will be allowed to be constructed on the property; 5. That the sewer connection point is not available, a sewer connection that will be

required for this application, at any other point along the boundaries of the property, will be for the cost of the applicant;


the supply of electricity to the portion should be made to the Eskom office; 7. That limited water is available. Water supply will be problematic. The existing

water services are insufficient for this development and therefore the applicants consulting engineer must investigate the required water network services improvements that might have to be installed at the cost of the applicant to ensure sufficient water supply from local water supply from the local water network for day to day uses as well for possible fire brigade services division section fire safety;

8. That any future structures/buildings being erected on the above-mentioned

premises, must conform with the provisions of the National Building Regulations, SABS 0400 - Part T;

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During consideration of this item by Council on 31 January 2013, Cllr J Jansen seconded by Cllr JS van Zyl proposed the following amendment:

(Unaltered)

“That this report be referred back and be resubmitted to Council after conflicting recommendations had been corrected / removed.”

Following an address by Cllr PJ Fourie on this matter, and since consensus could not be reached, the Speaker put the proposed amendment to a vote and declared the results as follows: For the proposed amendment by Cllr Jansen: 80 Against the proposed amendment by Cllr Jansen: 105 Abstained: 2 In view of the above voting results, the proposed amendment by Cllr Jansen was not accepted by Council. Subsequently, Cllr J Mkhize seconded by Cllr J Muller proposed the following:

(Unaltered)

“Delete recommendation 4.” The Council acceded to Cllr Mkhize’s proposal. After an address by Cllr TK Mathebula on the quality of reports received from Corporate and Shared Service Department, it was resolved as set out below: RESOLVED: 1. That Erf 202 Garankuwa unit 20, approximately 894 m² is not required to

provide the minimum basic needs of the municipal services; 2. That the fair market rental, the economic and community value to be received in

exchange of the property has been determined as set out in the report; 3. That Council consent to the lease of Erf 202 Ga-Rankuwa in terms of section

14(2) of the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003) and Municipal Asset Transfer (MAT) Regulation 34(1) (b);

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4. That the sewer connection point is not available, a sewer connection that will be

required for this application, at any other point along the boundaries of the property, will be for the cost of the applicant;


the supply of electricity to the portion should be made to the Eskom office; 6. That limited water is available. Water supply will be problematic. The existing

water services are insufficient for this development and therefore the applicants consulting engineer must investigate the required water network services improvements that might have to be installed at the cost of the applicant to ensure sufficient water supply from local water supply from the local water network for day to day uses as well for possible fire brigade services division section fire safety;

7. That any future structures/buildings being erected on the above-mentioned

premises, must conform with the provisions of the National Building Regulations, SABS 0400 - Part T;





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(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 4147, NELLMAPIUS EXTENSION 4 (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 9 January 2013)

The purpose of the report is to obtain approval to lease Erf 4147, Nellmapius Extension 4 in terms of the City of Tshwane Approved Alienation Policy. (A copy of the relevant report is filed with the Official Minutes of this meeting.) RESOLVED: 1. That Erf 4147, Nellmapius Extension 4, approximately 2430 m2, is not needed

to provide the minimum level of basic municipal services; 2. That the fair market value of the abovementioned property, the economic and


3. That Council consent to the lease of Erf 4147, Nellmapius Extension 4






point along the boundaries of the property, will be for the cost of the applicant, furthermore all resulting costs to provide a sewer connection point as well as all costs incurred as a result of the protection by servitude/moving;


may become necessary due to this application, will be for the applicants cost;

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9. That any future structures/buildings being erected on the abovementioned

premises, must conform with the provisions of the National Building Regulations, SABS 0400, Part T.

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12/1/1 MAMELODI EAST - 11690 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 36. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED SALE OF ERF 11690, MAMELODI EAST (From the Alienation Cluster: 31 October 2012 and the Mayoral Committee: 9 January 2013)

The purpose of the report is to obtain approval to sell Mamelodi East Erf 11690 in terms of the Municipal Finance Management Act, (Act 56 of 2003). (A copy of the relevant report is filed with the Official Minutes of this meeting.) RESOLVED: 1. That Erf 11690 Mamelodi East, approximately 535 m2, is not needed to provide

the minimum level of basic municipal services; 2. That the fair market value of the abovementioned property, the economic and


3. That Council consent to the sale of Erf 11690 Mamelodi East measuring

approximately 535 m2, in terms of Local Government: Municipal Finance Management Act, Municipal Asset Transfer (MAT) Regulation 5(1) b (i) and (ii);

4. That this property be offered for sale at a market value as determined by

Finance Department (Property Valuation); 5. That notice of the sale envisaged in recommendation will be given in terms of

section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1993). That should any objections to or representation in respect of the proposed sale be received, the proposed sale together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. That should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy;


may become necessary due to this application, will be for the applicant’s cost; and

7. That the Power of Attorney be granted to the Group Legal Counsel to allow the

buyer to conduct the required Environmental Impact Study before the property is transferred.

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CPD 8/2/2/14 Augustine Makgata (0975) COUNCIL: 31 January 2013 37. CITY PLANNING AND DEVELOPMENT DEPARTMENT

(CITY PLANNING) APPROVAL OF NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: SMALL MAMMALS (PHASE 2) (From the Section 79 Standing Committee: Local Geographical Names: 21 November 2012 and the Mayoral Committee: 9 January 2013) The purpose of this report is to obtain approval for the proposed names to populate the geographical names bank of the City of Tshwane. (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.

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(CITY PLANNING) APPROVAL OF NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: BIRD NAMES (PHASE 5) (From the Section 79 Standing Committee: Local Geographical Names: 21 November 2012 and the Mayoral Committee: 9 January 2013)

The purpose of this report is to obtain approval for the proposed names to populate the geographical names bank of the City of Tshwane. (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.

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(CITY PLANNING) APPROVAL OF NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: FISH NAMES (PHASE 2) (From the Section 79 Standing Committee: Local Geographical Names: 21 November 2012 and the Mayoral Committee: 9 January 2013)

The purpose of the report is to obtain approval for the proposed names to populate the geographical names bank of the City of Tshwane.


RESOLVED: That the proposed names, as indicated in Annexure A, be approved for the geographical names bank.

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Ndivho Lukhwareni (4040) COUNCIL: 31 January 2013 40. OFFICE OF THE DEPUTY CITY MANAGER: SERVICE DELIVERY CO-

ORDINATION AND TRANSFORMATION MANAGEMENT DRAFT INTEGRATED SERVICE DELIVERY CHARTER FOR THE CITY OF TSHWANE (From the Mayoral Committee: 9 January 2013)

The purpose of this report is one of the key game changers for the new city of Tshwane is regionalization. In this context, a need to develop Services Charter for the new City of Tshwane, covering all the seven regions, has been identified. The Service Delivery Coordination and Transformation Manager has been tasked to develop integrated services charter for the new city. The Mayoral Committee of 9 January 2013 discussed the Charter, and approved that a process of public consultation commences. Without public participation process, the Charter will become an “internally focused” document and will omit the perspectives, views and interests of the Tshwane community. The purpose of this document, thus, is to table the proposed/draft service delivery charter norms for City of Tshwane.


IT WAS RECOMMENDED (TO THE COUNCIL: 31 JANUARY 2013): That the process of public consultation on the Draft Integrated Service Delivery Charter commences and be approved; During consideration of this item by Council on 31 January 2013, Cllr J De Goede seconded by Cllr Prof CJ Napier proposed the following amendments:

(Unaltered)

“1. That the process of Public Consultation on the Draft Integrated Service Delivery Charter commences and be approved.

2. That the report serve before all Section 79 Committees of Council.” Hereafter, MMC RT Mashego in support of the proposed amendment by Cllr De Goede, proposed that all inputs by respective Section 79 Committees, be consolidated by the Section 79 Oversight Committee: IDP for onwards submission to Council. Council acceded to the proposals by Cllr De Goede and MMC Mashego, and it was therefore resolved as set out below:

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RESOLVED: 1. That the process of Public Consultation on the Draft Integrated Service Delivery

Charter commences and be approved. 2. That the report serve before all Section 79 Committees of Council. 3. That the inputs from all Section 79 Committees on the Draft Integrated Service

Delivery Charter for the City of Tshwane be consolidated by the Section 79 Committee: IDP for onwards submission to Council.

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ST – B12/15 Andile Dyakala (8100/1) COUNCIL: 31 January 2013 41. GROUP FINANCIAL SERVICES DEPARTMENT

MUNICIPAL FINANCE MANAGEMENT ACT (MFMA): IN-YEAR FINANCIAL REPORT (1) MONTHLY AND SECOND QUARTER BUDGET STATEMENT FOR THE

PERIOD ENDED 31 DECEMBER 2012; AND (2) MID-YEAR BUDGET REVIEW (From the Mayoral Committee: 18 January 2013)

The purpose of the report is to comply with sections 52(d), 71 and 72 of the MFMA and the requirements as promulgated in the Government Gazette No 32141 of 17 April 2009. (A copy of the relevant report is filed with the Official Minutes of this meeting.) IT WAS RECOMMENDED (TO THE COUNCIL: 31 JANUARY 2013): 1. That, in compliance with, Section 52(d) and Section 71 of the Municipal Finance

Management Act (MFMA) and in terms of Government Notice 32141 dated 17 April 2009, regarding the “Local Government: Municipal Finance Management Act 2003 Municipal Budget and Reporting Regulations” the financial results regarding the operating and capital budgets for the second quarter of the 2012/13 financial year, and supporting documents as required by National Treasury (Schedule C) as at 31 December 2012, be submitted to the Executive Mayor and be noted by Council;

2. That, in order to comply with Section 31(1) of the Government Gazette No

32141 of 17 April 2009, this report be submitted to the National Treasury and the relevant Provincial Treasury within five (5) days of tabling of the report in the Council, in both a Council approved document and in electronic format;

3. That, in compliance to Section 72 of the MFMA, the ‘In-year’ report also serves

as the mid-year budget review for the period ending 31 December 2012; and 4. That an Adjustments Budget for the 2012/13 financial year is necessary in lieu

of inter alia, the following:

• Adjust the revenue estimates downward owing to a declining trend in certain operating revenue sources, such as “Service charges: Electricity Revenue”;

• Authorise the utilization of projected savings in one vote towards spending under another vote;

• Facilitate the inclusion of rolled over/transfer grant funding;

• Correct errors, which can be attributed to ie the regionalisation process.

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During consideration of this item by Council on 31 January 2013, Cllr AM Randall seconded by Cllr AWF Middelberg proposed the following additional recommendation:

(Unaltered)

“That the following recommendation be added. That this item be referred to the Section 79 Committee for MPAC” The Council acceded to Cllr Randal’s proposal and it was thereafter resolved as set out below: RESOLVED: 1. That, in compliance with, Section 52(d) and Section 71 of the Municipal Finance

Management Act (MFMA) and in terms of Government Notice 32141 dated 17 April 2009, regarding the “Local Government: Municipal Finance Management Act 2003 Municipal Budget and Reporting Regulations” the financial results regarding the operating and capital budgets for the second quarter of the 2012/13 financial year, and supporting documents as required by National Treasury (Schedule C) as at 31 December 2012, be submitted to the Executive Mayor and be noted by Council;

2. That, in order to comply with Section 31(1) of the Government Gazette No

32141 of 17 April 2009, this report be submitted to the National Treasury and the relevant Provincial Treasury within five (5) days of tabling of the report in the Council, in both a Council approved document and in electronic format;

3. That, in compliance to Section 72 of the MFMA, the ‘In-year’ report also serves

as the mid-year budget review for the period ending 31 December 2012; and 4. That an Adjustments Budget for the 2012/13 financial year is necessary in lieu

of inter alia, the following:

• Adjust the revenue estimates downward owing to a declining trend in certain operating revenue sources, such as “Service charges: Electricity Revenue”;

• Authorise the utilization of projected savings in one vote towards spending under another vote;

• Facilitate the inclusion of rolled over/transfer grant funding;

• Correct errors, which can be attributed to ie the regionalisation process.

4. That this item be referred to the Section 79 Standing Committee: Public Accounts for oversight purposes.

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SCM QUOTATION REPORT Andile Dyakala (8100) COUNCIL: 31 January 2013 42. GROUP FINANCIAL SERVICES DEPARTMENT

(SUPPLY CHAIN MANAGEMENT) DEVIATIONS FROM QUOTATIONS APPROVED FOR 2ND QUARTER 2012/13 FINANCIAL YEAR (From the Mayoral Committee: 18 January 2013)

The purpose of the report is to inform Council of the deviations from quotations below the threshold of R200 000.00 approved for the 2nd quarter 12/13 Financial Year. (A copy of the relevant report is filed with the Official Minutes of this meeting.) RESOLVED: 1. That in terms of Section 36 (2) 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 17(1)(a) cognisance be taken of the deviations from the official procurement process of tenders; and

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

deviations as a note to the financial statements.

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SCM TENDER DEVIATION REPORT Andile Dyakala (8100) COUNCIL: 31 January 2013 43. GROUP FINANCIAL SERVICES DEPARTMENT

(SUPPLY CHAIN MANAGEMENT) DEVIATIONS FROM TENDERS APPROVED FOR 2ND QUARTER 2012/13 FINANCIAL YEAR (From the Mayoral Committee: 18 January 2013)

The purpose of the report is to inform Council of the deviations from Tenders above the threshold of R200 000.00 approved for the 2nd quarter 12/13 Financial Year.


RESOLVED: 1. That in terms of Section 36 (2) 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 17(1)(a) cognisance be taken of the deviations from the official procurement process of tenders; and

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

deviations as a note to the financial statements.

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SCM MONTHLY REPORT Andile Dyakala (8100) COUNCIL: 31 January 2013 44. GROUP FINANCIAL SERVICES DEPARTMENT

(SUPPLY CHAIN MANAGEMENT) SUPPLY CHAIN MANAGEMENT PERFORMANCE REPORT FOR 2ND QUARTER 12/13 FINANCIAL YEAR (From the Mayoral Committee: 18 January 2013)

The purpose of the report is to inform Council of all bids awarded by the Bid Adjudication Committee (above R200 000 Threshold) and those awarded by the Supply Chain Management Section (below R200 000 Threshold), Logistics and Disposal Statistics for 2nd Quarter 12/13 Financial Year. (A copy of the relevant report is filed with the Official Minutes of this meeting.) RESOLVED: 1. That cognisance is taken of the figures for 2nd Quarter 12/13 FY; 2. That continuous monitoring of the progress and the empowering of Black

Economic Empowerment (BEE) be monitored by the respective Strategic Executive Director; and

3. That the BEEE 2nd Quarter declined and more amount was spent on non BEEE.

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REQUEST TO COMMENCE WITH A PUBLIC PARTICIPATION PROCESS OF THE DRAFT SERVICES AGREEMENT FOR THE SECURITY OF REVENUE PROJECT (From the Mayoral Committee: 18 January 2013)

The purpose of the report is to obtain approval to commence with the Public Participation Process of the Draft Services Agreement for the Security of Revenue Project. (A copy of the relevant report is filed with the Official Minutes of this meeting.)

RESOLVED: 1. That the Draft Service Agreement is approved for public participation in line with

Section 33 of the Municipal Finance Management Act; and 2. That the necessary arrangements be made for Public Participation to take place

during February 2013.

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(A Andile Dyakala (358 8100)

COUNCIL: 31 January 2013 46. GROUP FINANCIAL SERVICES DEPARTMENT

(SUPPLY CHAIN MANAGEMENT) EX FACTO PAYMENTS APPROVED FOR QUOTATIONS FOR THE 2ND QUARTER FINANCIAL YEAR 2012/13 (From the Mayoral Committee: 18 January 2013) The purpose of the report is to inform Council of the Ex Facto Payments approved by the Accounting Officer for the 2nd Quarter 2012/13 Financial Year. (A copy of the relevant report is filed with the Official Minutes of this meeting.) During consideration of this item by Council on 31 January 2013, and after the Executive Mayor addressed Council on this matter, it was resolved as set out below:

RESOLVED: 1. That Council condone the approvals by the Accounting Officer of all ex facto

payments made by the departments, and

2. That the Municipal Manager as Accounting Officer takes steps to prevent future occurrences of such expenditure.

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Mayur Maganlal (0798) COUNCIL: 31 January 2013 47. CITY STRATEGIES AND ORGANISATIONAL PERFORMANCE DEPARTMENT

MID-YEAR ORGANISATIONAL PERFORMANCE REPORT FOR FY 2012/2013 (From the Mayoral Committee: 18 January 2013)

The purpose of the report is to submit to Council the City of Tshwane unaudited mid-year quarter performance report for FY2012/13. (A copy of the relevant report is filed with the Official Minutes of this meeting.)

During consideration of this item by Council on 31 January 2013, and after Cllr NC Pascoe and MMC RT Mashego addressed Council on this matter, it was resolved as set out below:

RESOLVED: 1. That cognisance be taken of the mid-year performance of the City against the

approved Integrated Development Plan (IDP) and Service Delivery and Budget Implementation Plan (SDBIP);

2. That the draft mid-year report for submission to Council by end of January 2013

be approved; 3. That the submission of the draft mid-year performance report to the Audit

Committee be approved; and 4. That the submission of the draft mid-year performance report to National

Treasury and Gauteng Provincial Treasury be approved.

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CFM – DIV – 01-07012013 Zukiswa Ntsikeni (8150) COUNCIL: 31 January 2013 48. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE FLEET MANAGEMENT) PROGRESS REPORT – FLEET MANAGEMENT STRATEGY (From the Mayoral Committee: 18 January 2013)

The purpose of the report is to provide the Mayoral Committee with progress regards the implementation of the Fleet Management Strategy. (A copy of the relevant report is filed with the Official Minutes of this meeting.)

RESOLVED: 1. That cognisance be taken of the progress made thus far towards the

implementation of the new Fleet Management strategy; and 2. That the Mayoral Committee recommends to the Council the adoption of the

Treasury Views and Recommendations on this project.

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(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURE A, A.1 AND A.2)

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 meetings held on 8, 13 and 21 November 2012, for discussion / cognisance in terms of Section 13(7) of the Rules and Orders. ANNEXURE A (MAYORAL COMMITTEE MEETING: 8 NOVEMBER 2012) Item 4 : APPROVAL FOR THE ECONOMIC DEVELOPMENT DEPARTMENT TO

ENTER INTO A STRATEGIC PARTNERSHIP AGREEMENT WITH THE SUPPLIER PARK DEVELOPMENT COMPANY (SPDC) AND THE CENTRE FOR SCIENTIFIC AND INDUSTRIAL RESEARCH (CSIR) TOWARDS THE DEVELOPMENT OF A PRE-FEASIBILITY STUDY TO ACCESS THE POTENTIAL OF CONVERTING THE AUTOMOTIVE SUPPLIER PARK INTO A SPECIAL ECONOMIC ZONE

Among other things- Cllr J de Goede mentioned that in his opinion there is no advantage in proceeding with the feasibility study proposed in this report and this would only be a duplication. He therefore in terms of Section 13(7)(c) of the Rules and Orders requested the Mayoral Committee to reconsider its resolutions in this regard. Following an assurance by MMC S Pillay that there was no duplication on these initiatives, Cllr De Goede withdrew his request. Item 5: DROWNING OF CHILDREN AT THE BAVIAANSPOORT WASTE WATER

TREATMENT WORKS

Among other things- Cllr M Napo mentioned in her opinion the passing away of the four children at Baviaansport Waste Water Treatment Works Dam could have been prevented only if preventative measures had been taken in time by the Municipality.

Item 8 : TRANSFER OF FUNDS BETWEEN INTEGRATED DEVELOPMENT PLAN

(IDP) PROJECTS

Among other things-

Cllr B Chapman stated that the DA welcomes the need to equip ambulances with essential medical equipments. He further commended the positive contribution by members of the Section 79 Oversight Committee: Community Safety in this regard.

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Item 9: PAYMENT OF A STIPEND TO RESERVISTS FOR THE IMPLEMENTATION OF EXPANDED PUBLIC WORKS PROGRAMME

Among other things- Cllr PJ Fourie supported by Cllr PA van der Walt and Cllr CH Boshoff expressed concern about the recruitment process of reservists as well as the financial implications of this initiative. Cllr Van der Walt hereafter requested that the Mayoral Committee reconsider its resolution in this regard in terms of Section 13(7)(c) of the Rules and Orders. Based on the input / explanation by MMC RT Mashego, the Speaker indicated that the proposal by Cllr Van der Walt can only be minuted in terms of Section 13(7)(d) of the Rules and Orders. Subsequently Cllr Van der Walt on behalf of the DA requested that their opposition to the resolution of the Mayoral Committee be recorded. Item 10: PROGRESS ON FUNDING OF EARLY CHILDHOOD DEVELOPMENT

CENTRES FOR THE 2011/12 FINANCIAL YEAR

Among other things-

Cllr R Mokonyane on behalf of the DA expressed disappointment that funding will not be available for early Childhood Development Centres in the City for this financial year. In response, Cllr AA Ndlovana supported by MMC TE Mabusela assured Council that in future this programme will be budget for adequately as necessary funding has been acquired from the Provincial Government.

ANNEXURE A.1 (SPECIAL MAYORAL COMMITTEE MEETING: 13 NOVEMBER 2012) There were no discussions. ANNEXURE A.2 (SPECIAL MAYORAL COMMITTEE MEETING: 21 NOVEMBER 2012) Item 5: TALENT AND LEARNING MANAGEMENT: AWARDING OF FULL-TIME

BURSARIES FOR SOUTH AFRICAN MILITARY VETERANS (SAMVA) AND THEIR CHILDREN FOR 2013

Among other things- Cllr T Motau on behalf of the DA commented the Municipality in awarding members of the community as well as the military veterans bursaries.

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Item 10: PROPOSED PROCESS OUTLINE FOR THE CONCEPT PRESENTED BY MESSRS OSHO VENTURES WITH REGARDS TO A WASTE RECYCLING PLANT (INCLUDING ACCESS TO THE CITY’S LANDFILL SITES); A PYROLYSIS PLANT AND CEMENT MANUFACTURING PLANT)

Among other things- Cllr S Muller mentioned that the DA welcomes Economic Development and investment as a result of job creation. She however expressed concern about the proposed tyre recycling which might have negative effect to the health of resident. She further requested that this report be referred to the Section 79 Oversight Committee: Economic Development and Spatial Planning for consideration in terms of Section 13(7)(c) of the Rules and Orders. Item 11: CITY OF TSHWANE RESPONSE TO GAUTENG PROVINCE REQUEST

FOR PUBLIC COMMENT ON THE 5-YEAR TRANSPORT IMPLEMENTATION PLAN (5YTIP) AND THE GAUTENG 24 YEAR INTEGRATED TRANSPORT MASTER PLAN (ITMP25)

Among other things- Cllr Lee on behalf of the DA welcomed the report, however, expressed concern that no comments were received from the City Planning or Economic Development Departments in this regard. Item 12 : WONDERBOOM AIRPORT: PROGRESS WITH THE INTERNATIONAL

STATUS APPLICATION FOR WONDERBOOM AIRPORT Among other things- Cllr BJ Wannenburg on behalf of the DA welcomed this initiative by the Municipality and further mentioned that the Municipality will have to strategise its priority towards the International Airport. Item 20 : TSHWANE RAPID TRANSIT (PTY) LTD: BUSINESS PLAN OF TSHWANE

RAPID TRANSIT (PTY) LTD

Among other things-

Cllr PE Millar welcomed the progress done in relation to the Tshwane Rapid Transport as well as its proposed Business Plan. He further urged the municipality to take this plan and use it to establish a proper working company to run the Tshwane Bus Service.

Item 21 : TSHWANE RAPID TRANSIT (PTY) LTD: OPERATIONAL PLAN 2012/2013

Among other things-

Cllr J Berendrecht mentioned that the DA was in favour of an integrated transport system to increase the mobility of passengers and commuters.

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Item 25 : TSHWANE RAPID TRANSIT (TRT) PROJECT: PROGRESS REPORT ON

THE DETERMINATION OF TSHWANE RAPID TRANSIT ROUTES AND STATIONS AS WELL AS APPROVAL OF STREET CLOSURES

Among other things-

Cllr RP Fourie indicated that the road closures in the CBD would have profound effect on the traffic flow and more information and discussions are needed in this regard.

Item 26: MEMORANDUM OF UNDERSTANDING FOR TWEESPRUIT LANDGOED,

ZITHOBENI HEIGHTS AND RIAMARPARK EXT 6 INTEGRATED HOUSING DEVELOPMENTS Among other things-

Cllr H Weber welcomed the intended building of houses in Ward 102 which will in her opinion relieve the housing backlog in that area.

Cllr T Ernest also welcomed this report.

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(a)(iii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURE B, B.1 AND B.2)

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 meetings held on 16 and 19 October 2012 and 23 November 2012 respectively, for discussion / cognisance in terms of Section 13(7) of the Rules and Orders. ANNEXURE B (PETITIONS COMMITTEE MEETING: 16 OCTOBER 2012)

There were no discussion.

ANNEXURE B.1 (PETITIONS COMMITTEE MEETING: 19 OCTOBER 2012)

There were no discussion. ANNEXURE B.2 (PETITIONS COMMITTEE MEETING: 23 NOVEMBER 2012)

Item 1: PETITION SUBMITTED BY NTHABISENG: REQUEST FOR TRANSFER

OF ERF 4445, BLOCK B, TO JESUS CHRIST CHRISTIAN CHURCH, WARD 21

Among other things-

Cllr S Rens commended the Chairperson of the Petitions Committee for his efforts in speeding up the turnaround time of Petitions as well as his un-prejudice and professional approach in handling the Committee meetings. He, however, expressed concern about the Departments failure to submit efficient reports on time and to send representatives to Petitions Committee meetings when summoned to do so.

Item 18:

Among other things-

Cllr AB Ncube expressed concern about officials in the Speaker’s Office for not notifying petitioners or effected Ward Councillors about the Committee meetings on time.

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G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN

QUESTIONS SUBMITTED IN TERMS OF SECTION 10 OF THE RULES AND ORDERS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY: COUNCIL: 31 JANUARY 2013 The Speaker indicated that the Office of the Executive Mayor had received a number of questions from Councillors and in terms of the Rules and Orders answers to the questions will be handed directly to the relevant Councillors or their respective Whips. Hereafter, Cllr M Aucamp handed in a list of questions submitted by DA Councillors, for which responses were outstanding, for the attention of Governance Executive Services.

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1. QUESTIONS OF CLLR B CHAPMAN

Forensic Investigation into allegations of procurement irregularities perpetrated by officials in various departments ( Community Safety, Economic Development and Corporate Fleet) – Investigation done by PSMA Holdings (Pty) Ltd with progress report dated 25 October 2010.

According to the progress report recommendations required quicker action as the rot is setting far and wide through the City, and places City funds at great risk of abuse by officials outside and within Supply Chain Management.

Question 1.

Please confirm if the ED – SCM determined the SCM and BBBEE strategic objectives of the City, and that a structure was developed that is geared at facilitating the delivery on this strategy? Please attach a copy of the strategic objectives and the structure to the answer set?

Question 2.

Please confirm and attach proof that all positions created to carry out distinct SCM functions are well defined and that person- and job specifications were determined?

Question 3.

Please confirm if the City implemented a procurement policy that provides for the categories of preference in the allocation of contracts, and the protection or advancement of persons or categories of persons, disadvantaged by unfair discrimination? Please attach a copy of such policy?

Question 4.

Demand management – Please supply latest copies of analysis done of the key issues that might influence the City’s requirement for assets in the medium term, analysis done of the appropriateness of existing assets in relation to the City’s strategic plan and the needs of its clients and analysis of the need for new assets and the development of new strategies to meet this need?

Question 5.

Please confirm if the City has a Code of Ethics for SCM officials and indicate when last was this Code signed by SCM officials? If no Code please explain why not?

Question 6:

Please confirm if Acquisition consultants are appointed in terms of National Treasury instructions, and attach proof?

Question 7;

Please confirm if the City has an updated list of prospective suppliers to be used to procure goods and services below R200,000-00 in terms of thresholds and when last the list was updated?

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Question 8:

Please confirm the steps followed for establishing demand in this City? Please provide steps to be followed?

Question 9:

Please confirm that there is a formal contract or service level agreement for all contracts with service providers – Please attach a copy of such contract/service level agreement?

Question 10:

Please provide evidence of the City’s supplier rotation system, and how it is applied?

Question 11:

Please indicate how many contracts were cancelled in the 2011/12 financial year due to non-performance/ financial difficulty experienced by the contractor / contractor not able to issue an original and valid tax clearance certificate? Please also indicate the R-value linked to the cancelled contracts?

Question 12:

Please confirm if a SCM performance function does exist within the City’s SCM function. Please attach a copy to the set of answers?

Question 13:

Please confirm what the current average skills levels are among SCM practitioners in the City, by listing qualifications per practitioner?

Question 14:

Please indicate how accesses to prospective suppliers are limited for officials from various council departments, and if regular audits are conducted to identify unlimited and unlawful access?

Question 15:

Please confirm if an audit trail for all SCM activities exists to guide the process of reporting, detection of incorrect application of procedure and for ensuring cost-effectiveness of SCM practices for the City’s benefit? Please provide proof?

Question 16:

Please confirm if cases investigated in the PSMA report were finalized, and indicate if any criminal or civil charges were laid against the officials involved to recover the losses suffered by Council?

Question 17:

Please indicate how many cases were referred by the CFO to the SIU unit for further investigation where the City suffered financial losses due to

• Failure to disclose interest/ conflict of interest by officials,

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• Fraud by officials,

• Possible self-enrichment by officials and non-compliance with SCM policy by

officials?

Question 18:

Please confirm when the City of Tshwane’s public website was last updated with info on tenders awarded and minutes of the BAC?

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2. QUESTIONS OF CLLR C VAN DEN HEEVER

News Body The Executive Mayor, Cllr Kgosientso Ramokgopa delivered the welcome speech at the International Solidarity Conference. He was joined on stage by Joaquim Chissano, former president of the Republic of Mozambique, President Jacob Zuma and Deputy President Kgalema Motlanthe. The City of Tshwane hosted the 3rd International Solidarity Conference from 25 to 28 October 2012 at the University of Pretoria. The conference objective was to recognize the contribution of the international community to liberating South Africa. Under the banner of the theme United for a Progressive, Better World € , the conference also sought to highlight the legacy of OR Tambo and his contribution to world peace, solidarity and democracy. In addition, it sought to facilitate international dialogue on the hundred years of the freedom struggle and on building a progressive South Africa for a better Africa and the world. Question 1: Please indicate if the 3rd International Solidarity Conference was financed by the City of Tshwane Metro? Question 2: If answer to question 1 is “Yes” - Please indicate amounts paid towards the Conference and provide proof of approved budget allocated to the conference? Question 3: If answer to question 1 is "No" - Please indicate when Council approved of such a Conference to be hosted by the City of Tshwane Metro?

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3. QUESTIONS OF CLLR PROF CJ NAPIER

QUESTION 1.

I refer to motion number 128 concerning inaccurate municipal services accounts accepted by council on 25 November 2010. I refer further to resolutions 1 and 2 of council resolving that: “1. That the municipality as a matter of urgency issue clear instructions to front desk staff at the Centurion office to direct aggrieved taxpayers to a senior qualified Finance Department official located in the Centurion Council complex, with the authority to assist them in explaining certain charges and effecting correction; 2. … the facility referred to in (1) above be extended to the entire area of jurisdiction of the municipality.”

i) How many officials and what are the names of those Finance Department officials located for this purpose in the Centurion Council complex?

ii) To what extent has this resolution been implemented in the greater Tshwane municipal area?

QUESTION 2.

i) What is the name of the contractor/s who in the past have been employed to repair sink holes in the Centurion area?

ii) What was the term for the contract/s concluded for the repair of sinkholes in the Centurion area?

iii) Should these contracts have expired, have new tenders been called for and are contracts in place for the repair of sinkholes in the Centurion area? If not, why not?

If new contractor/s are in place, when will a contractor begin work on repairing the sink hole located in Pretorius street, Lyttelton?

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4. QUESTIONS OF CLLR D MOSS REGION 7 CREDIT CONTROL In September 2012 an instruction was sent out to suspend all credit control actions in Region 7, including delivery of final demands, pending a follow up meeting between Council top management and the residents. Please advise: 1. What was the reason for such a step being taken?

2. Is this suspension still in force? 3. If not, when was it lifted? 4. Has a follow up meeting between Council top management and the residents

been held? 5. If so, when was it held? 6. If not, when is it planned to be held? 7. What was the total amount owed by consumers in region 7 at the beginning of

September 2012? 8. What was the total amount owed by consumers in region 7 at the beginning of

October 21012? 9. What was the total amount owed by consumers in Region 7 at the beginning of

November 2012? 10. What was the total amount owed by consumers in Region 7 at the beginning of

December 2012?

11. What was the total amount owed by consumers in Region 7 at the beginning of January 2013?

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5. QUESTIONS OF CLLR J WELMANS BACKGROUND On the Council Meeting of the 25th October 2012, deviations from tenders already approved served before Council under the Council agenda Part III item No 21 that reed as follows: “To appoint GSC International to manage all travel logistical arrangements for the MMC Sport and Recreation and the SED Sport and Recreation of the City of Tshwane to join the MEC Sport, Arts, Culture and Recreation delegation to attend the Summer Olympic Games in London and study tours on Sport Village and Academies from 03 to 14 August 2012 “. The approved amount of R852, 945 was mentioned in the report. QUESTION 1 Could the Mayor please indicate if the MMC and the SED for Sport and Recreation did attend this trip to the Summer Olympic Games as approved? QUESTION 2 If not who attended? QUESTION 3 Could the Executive Mayor also indicate if the service provider GSC International did manage all travel logistical arrangements for this trip? QUESTION 4 Please indicate the final budget that was spend on this trip, including all payments made and to whom?

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6. QUESTIONS OF CLLR J DE GOEDE Set 1 The city’s Strategic Land Development Tribunal meets regularly to consider inter

alia land-use and zoning matters. Could the Mayor indicate :

1. In terms of which national legislation and municipal bylaws is the Tribunal

constituted?

2. Is the Tribunal a Committee of Council, as described in the Municipal

Structures Act? If it is, are meetings open to the public, as laid down in the

Systems Act?

3. To whom does the Tribunal report? To whom are minutes of Tribunal meetings

circulated?

4. Who chairs the Tribunal and how is membership of the Tribunal determined?

5. Which bodies and individuals are invited to attend Tribunal meetings and how

is notice given of meetings?

6. Are members of the Economic Development and Spatial Planning Section 79

Committee informed of Tribunal meetings?

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Set 2 Subsequent to Council’s decision in March 2012 to proceed with street name changes in Pretoria, could the Mayor indicate.

(1) What the total cost to the city has been in respect of the name changes?

(2) From which budget program or programs was the expenditure made?

(3) Whether the expenditure was budgeted for in either the 2011/12 MTREF or the

2012 Adjustment Budget? If not, was Treasury informed of the irregular expenditure?

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7. QUESTIONS OF CLLR M RAMOHOEBO

Set 1 Regiments Capital – Possible service to the City of Tshwane

Question 1.

Precisely what financial services, if any does Regiments Capital render to the Tshwane municipality?

Question 2.

Please provide, in tabular form, the description of each service rendered and the fee for rendering the service, expressed as a percentage. Please include any fees payable for “outperformance”.

Question 3.

Was Regiments Capital appointed to render financial services to the municipality as the result of a tender process? If so, please provide the date and number of the tender awarded and the commencement and expiry date of the tender.

Question 4.

Please provide, in tabular form, the names of service providers who competed for the tender and the comparative fees structure offered by them.

Question 5.

If Regiments Capital was not appointed as a result of a tender process, please provide the reason for supply chain management deviation and when any such deviation was approved and by whom it was approved.

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Set 2 Gautrain trips for Tshwane Metro Officials. Question 1: Please indicate if a shuttle service exists for officials, in the employ of the City of Tshwane to make use of the Gautrain to travel to and from work? Question 2: Please indicate who of the officials qualify for making use of the shuttle service – If such service exists? Please list names including their job level and job title? Please also indicate who of these officials receive a travel allowance from the City of Tshwane? Question 3: Please indicate at what times daily trips are made to and from the Gautrain station? Please indicate exact time for morning – and afternoon trips? Question 4: Please provide detailed list of all expenses associated with the daily Gautrain shuttle service? 1. Salary of driver allocated to drive officials to and from the station per month?

2. Overtime payable to driver mentioned in 1 above on a monthly basis? 3. Fuel expenses per month for having this service? 4. Maintenance on vehicle used for the daily trips? If no maintenance thus far,

please indicate if a budget has been approved for maintenance expenses in the future?

5. Train tickets bought for officials making use of the service?

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8. QUESTIONS OF CLLR P MILLAR Vehicle repair and maintenance tender. Ikano CB 342/2011 1. Where are Ikano’s premises situated? 2. What is the size of the premises (square meters)? 3. Does Ikano have the necessary security at its premises to safeguard the

Council’s equipment and vehicles? 4. Has Ikano taken out insurance as required in the tender? 5. Does Ikano have a valid ISO certificate? If yes, please supply a copy. 6. Labour rate: (a) What was the amount Ikano quoted in the tender? (b) What is the market rate for this type of work? (c) What is the minimum legal wage? 7. Ikano employees: (a) How many artisans are employed by Ikano? (b) What are their names and qualifications? 8. How many years experience does Ikano have for repairing tractors, lifting

equipment and hydraulics? 9. Does Ikano work for other municipalities? If so, which ones? 10. Spare parts: (a) What is Ikano’s handling fee (mark-up) on spare parts (percentage)? (b) Is there a limit to the handling fee? 11. Does Ikano have the facilities to test cylinders and pumps? 12. Does Ikano collect and deliver vehicles for the Council? If not, whose

responsibility is it?

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9. QUESTIONS OF CLLR D MNGUNI Numerous problems are evident and experienced at Tshwane Licensing offices, including the following:

• Illegal drivers licences

• Shortage of staff

• Shortage of stationery

• Poor Maintenance of buildings

• Management does not respond to the problems / complains by officials

• Rotation of officials

Therefore the following questions. 1. For the department to be effective and efficient there is a need for enough staff

to do the work. Please indicate the current number of staff, the vacancies that

needs to be filled and when they will be filled at all licensing offices in

Tshwane.

2. Please indicate if Tshwane Council is aware of illegal drivers’ licenses being

sold at their various offices?

If yes, where and how many and what correctional measures have been put in place to eradicate this? If not, has it ever been investigated?

3. Punitive measures must be implemented to those caught selling drivers

licence.

Please indicate how many officials have been caught in the last 2 years selling drivers licenses?

4. If officials have been caught, what is the different steps Council takes to take

action against them?

5. How many office equipment, including computers, have been stolen at

licensing offices in Tshwane in the last 2 years?

6. Please indicate how many incidents and where and when this happened?

7. Please indicate what security measures (including security guards) were in

place at the time of the incidents?

8. Please indicate what security measures were put in place after these

incidents?

9. Please indicate what investigations were done after these incidents?

10. Please indicate if any arrests were made after any of these incidents?

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11. Please indicate what happened to these cases since the incidents?

12. Please indicate what stationary are supplied to the licensing offices per year

and how many times a year this is done?

13. Please indicate why the driver’s license section at the Saambou Building

at Andries Street are closed and what has been done to alleviate

the overcrowding at Watloo as a result hereof?

14. Please indicate the process that officials must follow for queries/complaints?

15. Please indicate the process Senior Management must follow on

queries/complaints from officials at licensing offices as well as the time frame

of response.

16. Please indicate the process officials must follow to inform Council of Building

Maintenance issues as well as the time frame of response?

17. All licensing offices in Tshwane are in serious need of maintenance and

convey a very poor message to residents. This includes broken toilets; tiles;

chairs; desks; very dirty and dusty floors; equipment and general impression of

licensing offices. Who is responsible for general up-keep and maintenance of

all licensing offices including general cleaning?

18. Is Council aware that a Council directive indicated a few years ago that all

officials at licensing offices must wear nametags?

19. Is Council aware that not all officials comply with this?

If yes, why is this allowed and what will be done to rectify this?

20. Is Council aware that when residents are required to do eye-tests, the

equipment is not sterilized after each use?

If yes, why not and does Council understand the possible consequences hereof? If yes, when will Council rectify this?

21. Please indicate why officials are rotated at licensing offices and if and when

this will stop.

22. Please indicate who is responsible to ensure if officials working with the public

at licensing offices are friendly and helpful at all times?

23. Please indicate how many times a year this is done as well as how this is done?

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H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS MEETING OF 29 NOVEMBER 2012

There were none.

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URGENT MOTION: MOTION IN TERMS OF SECTION 7(2) OF THE RULES AND ORDERS: CLLR CF BEKKER The Speaker explained that she had on 29 January 2013 received a motion from Cllr CF Bekker seconded by Cllr C McDonald, which motion was intended by Cllr Bekker as an urgent motion. She further indicated that for Council’s convenience, she had agreed that a copy of the said motion be distributed at the Council meeting. The Speaker furthermore explained that Section 7(2) and 7(3) of the Rules and Orders provide for a “written proposal to suspend subsection (1) and the motion on a matter of urgency”, with emphasis on “and”, to be handed to her. She indicated that she only received the written motion and no “written proposal to suspend subsection (1)”. The Speaker therefore disallowed this motion as an urgent motion based on its procedural incorrectness. RESOLVED: That this motion be disallowed.

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URGENT MOTION IN TERMS OF SECTION 7 OF THE RULES AND ORDERS OF THE TSHWANE METROPOLITAN COUNCIL SUBMITTED BY CLLR C F BEKKER AT THE JANUARY 2013 COUNCIL MEETING There is general agreement that the Tshwane Bus Service is under immense pressure and struggles to render a proper and reliable public transport service to commuters in Tshwane. The recent labour dispute between bus drivers and the Tshwane Metro that paralyzed the bus service for a few days leaving commuters stranded, illustrated the vulnerability of the Tshwane Bus Service. Urgent intervention is required to address this situation. The Tshwane Metro Council resolves that: A thorough assessment must be conducted to determine the exact service capacity of the bus service. This would then enable the Tshwane Metro to give a clear indication regarding the scope of service that can be rendered to commuters in Tshwane at present and the foreseeable future; A needs assessment be conducted to determine what will have to be done to reach a more desirable situation where a better and more reliable service can be rendered to commuters in Tshwane and that; A roadmap and timetable be tabled at Council within sixty days indicating how the Tshwane Bus Service will be addressed to obtain the desired outcome.

Proposer: Cllr CF Bekker

Seconder: Cllr C McDonald

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I. NEW MOTIONS

A. MOTION 31: REMOVAL OF SPEAKER FROM OFFICE IN TERMS OF SECTION 40 OF THE LOCAL GOVERNMENT: MUNICIPAL STRUCTURES ACT, 1998 (ACT 117 OF 1998)

MOTION IN TERMS OF SECTION 18 OF THE RULES AND ORDERS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY At the Council meeting of 31 January 2013, the Speaker indicated that she had received the following motion from Cllr M Aucamp, seconded by Cllr CF Bekker:

(Unaltered) Council notes the role and responsibility of a Speaker according to the Municipal Structures Act 117 of 1998 as amended. The Speaker as custodian of Council is mainly responsible for 1. Public Participation;

2. Council oversight;

3. Secretariat Services; and

4. Strategic Support

Furthermore these responsibilities lead to the proper managing of public participation through ward committees, promoting transparent governance through proper secretariat services of Section 79 Committees and Council meetings. A Speaker, presiding over Council meetings should 1. Safeguard the independence of the Council and maintain the authority thereof;

2. Protect freedom of speech and debate in Council and its Committees by

building, promoting and protecting democracy, facilitating debate and arrival at

consensus;

3. Discharge responsibilities in an impartial way.

Council is mindful of the divided opinion about the manner in which Cllr. Audrey Mosupyoe conducts herself as Speaker of Council and presides over Council meetings. Council furthermore notes the disarray in which ward committees were elected and are conducted and the lack of proper public participation on issues concerning tax paying residents of the city.

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Council therefore resolves that: 1. The incumbent Speaker be and is hereby relieved with immediate effect from

her position in terms of Section 40 of the Municipal Structures Act 117 of 1998,

as amended; and

2. The Municipal Manager shall convene and preside over a special meeting of Council to elect a new Speaker.

The Speaker further explained the provisions of Section 19(1)(b) of the Rules and Orders following which she indicated that after studying the motion, she was of the view that this motion, among others, expresses opinion and therefore ruled that this motion be disallowed in terms of Section 19(1)(b) of the Rules and Orders. On a point of order, Cllr M Aucamp on behalf of the DA stated that in their opinion and in terms of Item 5(1)(b) of the Municipal Structures Act (Code of Conduct for Councillors), the Speaker should recuse herself during consideration of this motion as she was implicated in this motion, failing which the DA would refer this matter to the MEC for Local Government and Housing to consider a breach of Code of Conduct of Councillors in terms of Item 14(4) of the Code of Conduct. The Speaker responded that this will be minuted and it was thereafter resolved as set out below: RESOLVED: That Motion 31 be disallowed in terms of Section 19(1)(b) of the Rules and Orders.

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J. PETITIONS

The following Petitions were submitted at the Council meeting of 31 January 2013 in terms of Section 16(1) of the Rules and Orders:

1. Petition for traffic calming control in Willem Botha Ave, Eldoraigne, Centurion by

(Cllr M Kruger-Muller).

2. Petition regarding the Motulube oil renewing processing by (Cllr M Kruger-Muller).

3. Petition regarding the state of wiring, electricity supply system, Pretoria Gardens

by (Cllr PJ Fourie).

4. Petition on the removal of squatters in Booysens Nursery by (Cllr PJ Fourie).

(Remark: Immediately after disposing of the previous item at the Council meeting of 31 January 2013, i.e. “I. NEW MOTIONS, Motion 31: Removal of the Speaker in terms of Section 40 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998)”, as the Speaker was putting to Council the next item on the agenda, i.e. “J. PETITIONS”, members of the DA turned their seats around so as to have their backs to the Speaker. When the Speaker requested Councillors to submit their Petitions in terms of Section 16(1) of the Rules and Orders, the Chief Whip of Council expressed concern about the manner in which the DA Councillors were sitting (the majority of DA Councillors having their backs to the Speaker) and requested the Speaker’s intervention in this regard. In support of the Chief Whip of Council, MMC RT Mashego indicated that in his opinion the conduct by DA Councillors was inappropriate in the Council Chamber and requested the Speaker to make a ruling in this regard. Hereafter the Speaker, after consulting the Rules and Orders requested the DA to sit appropriately. Cllr M Aucamp on behalf of the DA, in opposing the Speaker’s order, stated that there was no specific section in the Rules and Orders that requires Councillors to seat in a particular manner. Since consensus could not be reached, the Speaker indicated that the conduct by DA Councillors would be referred to the Rules and Ethics Committee and thereafter requested those DA Councillors who have refused her request to sit properly appropriately, to leave the Council Chamber. The DA Councillors concerned at that stage, left the Council Chamber.

It should be noted, however, that Cllr BR Topham at this stage was the only DA Councillor who remained in the Council Chamber. Hundred and Eleven (111) Councillors remained in the Council Chamber and the Speaker proceeded with the meeting as there was a quorum present at that stage).

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K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF THE MEETING, AT THE DISCRETION OF THE SPEAKER The Speaker explained that the Executive Mayor has requested her for permission to table the following urgent report at the Council, a copy of which was distributed to all Councilors during the meeting.

1. GROUP FINANCIAL SERVICE DEPARTMENT (FINANCIAL REPORTING

AND ASSETS) REQUEST FOR THE AMENDMENT OF RESOLUTION NUMBER 2 TAKEN BY COUNCIL ON 29 NOVEMBER 2012

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ST B12/23 – ST/F/9/8/2 Andile Dyakala – (358-8100) COUNCIL: 31JANUARY 2013 1. GROUP FINANCIAL SERVICE DEPARTMENT (FINANCIAL REPORTING

AND ASSETS) REQUEST FOR THE AMENDMENT OF RESOLUTION NUMBER 2 TAKEN BY COUNCIL ON 29 NOVEMBER 2012

The purpose of this report is to seek permission to amend Council resolution dated 29 November 2012 in order to meet the requirements of the concerned lenders, and take the City’s cost saving loan optimization strategy forward.

RESOLVED: 1. That Council resolution number 2 approved on 29 November 2012 be

amended as follows:

"That Council approve that the present external long term loans indicated in Table 5 below be repaid and refinanced, with the acknowledgement that the refinancing of the loans will introduce new lenders and new terms and conditions as compared to the original loans; provided that any new terms and conditions are not unreasonably onerous on the City of Tshwane; and provided further that the provisions of Section 46(5) of the Municipal Finance Management Act 56 of 2003 are complied with.”

Table 5: List of Loans Confirmed for Restructuring – New Agreements

BEFORE RESTRUCTURING AFTER PROPOSED

RESTRUCTURING

Existing

Lender

& Loan

Ref. No.

R

Loan Balance

as at 29

February 2012

Maturity

date

Interest

Rate

Profile

Original Interest

Rate Prime % or

Jibar % +(-) Basis

Points

Equivalent

rate Jibar %

+(-) Basis

Points

Interest

Rate

Profile

Interest Rate Jibar %

+(-) Basis Points

DBSA 14 641 334 385 30-Jun-29 Floating (8.5 - 16) = 8.34 (5.075 + 334)

= 8.415 Floating (5.075 + 255) = 7.625

DBSA 15 349 323 570 01-Dec-25 Floating (8.5 + 118) = 9.68 (5.075 + 468)

= 9.755 Floating (5.075 + 285) = 7.925

DBSA 20 500 000 000 30-Jun-27 Floating (5.075 + 325) =

8.325

(5.075 + 325)

= 8.325 Floating (5.075 + 254) = 7.615

Standar

d Bank 2 500 000 000 30-Jun-22 Floating

(5.075 + 280) =

7.875

(5.075 + 280)

= 7.875 Floating (5.075 + 247) = 7.545

Total 1 990 657 955

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2 That the City Manager be empowered to decide whether any new terms and conditions imposed by new lenders are too onerous for the City of Tshwane; as well as sign all relevant documentation or agreements to give effect to all Council resolutions in relation to this refinancing exercise and the loan optimisation strategy already approved.

3. That Council be provided with the information statement contemplated in

Section 46(3)(b) of the Municipal Finance Management Act 56 of 2003; as well as particulars of the essential repayment terms , including the anticipated debt repayment schedules and the anticipated total cost in connection with such debt over the repayment period; at the next Council sitting.

(Remark: At the Council meeting of 31 January 2013- 1. The Speaker requested that it be noted that for purposes of consideration of

this report, a quorum of the Council was indeed present as 111 Councillors were in the Council Chamber at the time.

2. Cllr BR Topham registered his personal vote against this resolution of

Council. 3. Cllr PA van Staden on behalf of FF+ registered their dissenting vote against

this resolution of Council).

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L. CONCLUSION

The Speaker thanked all Councillors for their valuable inputs during the meeting and declared the meeting closed at 17:35.

council minutes for approval at minutes...sithole st 116. tlomatsane sp 117. tsela cd 118....

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