minutes 36 council meeting of stellenbosch municipality 2015-11-25

Transcription

Ref no.3/4/1/5
2015-12-04
MINUTES
36TH COUNCIL MEETING OF
STELLENBOSCH MUNICIPALITY
2015-11-25
MINUTES.36TH MEETING OF COUNCIL.2015-11-25/TS
MINUTES
36TH MEETING OF THE COUNCIL
OF STELLENBOSCH MUNICIPALITY
2015-11-25
TABLE OF CONTENTS
ITEM
SUBJECT
PAGE
1.
APPLICATION FOR LEAVE OF ABSENCE
2
2.1
DECLARATION OF INTEREST
2
2.2
PRESENTATION
2.2.1
NONE
2.3
COMMUNICATION
2.3.1
COMMUNICATION BY THE SPEAKER
2
2.3.2
COMMUNICATION BY THE EXECUTIVE MAYOR
3
2.3.3
COMMUNICATION BY THE MUNICIPAL MANAGER
4
2
3.
CONFIRMATION OF THE MINUTES
3.1
CONFIRMATION OF THE MINUTES OF THE 35TH MEETING OF THE COUNCIL OF STELLENBOSCH
MUNICIPALITY HELD ON 2015-10-28
4.
INTERVIEWS WITH DEPUTATIONS
4
2
NONE
5.
5
STATUTORY BUSINESS
NONE
5
6.
REPORTS BY THE MUNICIPAL MANAGER RE OUTSTANDING RESOLUTIONS TAKEN AT PREVIOUS
MEETINGS OF COUNCIL
5
7.
7.1
CONSIDERATION OF MATTERS REFERRED TO COUNCIL VIA THE MAYORAL COMMITTEE AND MPAC
MEETING/S
PLANKENBRUG RIVER RESTORER: DEMONSTRATION PROJECT
7.2
WATER RESTRICTION MEASURES: WC024
11
7.3
PROPOSED DISPOSAL OF CHURCH AND CRECHE SITES IN WATERGANG, KAYAMANDI
15
7.4
RECOMMENDATIONS AND FINDING REGARDING THE APPOINTMENT OF EXTERNAL MUNICIPAL PLANNING
TRIBUNAL MEMBERS AS DETERMINED BY THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT,
2013 (ACT 16 OF 2013) AND ITS REGULATIONS
22
7.5
APPOINTMENT OF TEMPORARY PROJECT MANAGERS: VARIOUS GOVERNANCE PROJECTS
31
7.6
CLOSURE OF OFFICES: FESTIVE SEASON
38
7.7
PROPOSED WRITE-OFF OF IRRECOVERABLE DEBT IN RESPECT OF INDIGENT CONSUMERS
42
7.8
MONTHLY FINANCIAL STATUTORY REPORTING: DEVIATIONS AND RATIFICATIONS
47
7.9
MONT ROCHELLE NATURE RESERVE ADVISORY BOARD APPLICATION FOR EXTENSION
49
8.
CONSIDERATION OF REPORTS, COMMUNICATIONS, PETITIONS AND APPLICATIONS SUBMITTED BY THE
MUNICIPAL MANAGER
8.1
LIQUOR TRADING HOURS BY-LAW
54
8.2
PRESIDENTIAL BACK TO BASICS PROGRAMME
58
8.3
COUNCIL TO CONSIDER AND APPROVE TIMETABLE FOR ACTING MAYOR DURING RECESS 4 DECEMBER
2015 – 17 JANUARY 2016
60
8.4
ADJUSTMENTS BUDGET FOR 2015/2016
62
9.
CONSIDERATION OF NOTICES OF QUESTIONS AND NOTICES OF MOTIONS RECEIVED BY THE SPEAKER
9.1
QUESTION BY CLLR DA HENDRICKSE: REVISED STAFF ESTABLISHMENT
9.2
QUESTION BY CLLR DA HENDRICKSE: MINIMUM COMPETENCY QUALIFICATIONS: SENIOR MANAGERS
66
9.3
QUESTION BY CLLR DA HENDRICKSE: PROCEDURAL MOTIONS BROUGHT BY DA COUNCILLORS
68
9.4
QUESTION BY CLLR DA HENDRICKSE: FAILURE OF THE ADMINISTRATION TO, FOR THE PAST 4 YEARS,
BRING REPORTS BEFORE COUNCIL IN TERMS OF SECTION 116(2)(d) OF THE MFMA
69
9.5
MOTION BY COUNCILLOR F ADAMS: DISPOSAL OF CERTAIN ASSETS BENEFITING MAINLY WHITE PEOPLE,
BECAUSE OF APARTHEID DECISIONS
70
9.6
MOTION BY COUNCILLOR F ADAMS: ENQUIRY INTO THE DISCREPANCIES OF ADMISSION TO MODEL C
SCHOOLS BETWEEN LOCAL PUPILS AND THOSE OUTSIDE OUR TOWN
71
9.7
MOTION BY COUNCILLOR N NTSUNGUZI (MS): TRANSPORT PLAN FOR FRANSCHHOEK RESIDENCE AND 24
HOUR SERVICES
72
7
64
9.8
MOTION BY COUNCILLOR N MANANGA-GUGUSHE (MS): APPOINTMENT OF SERVICE PROVIDERS TO
MAINTAIN AND CLEAN PUBLIC ABLUTION FACILITIES IN KAYAMANDI AND LANGRUG
73
9.9
MOTION BY COUNCILLOR JA DAVIDS: CLARITY ON THE TASK PROCESS AND THE FINANCIAL ON THE TASK
EVALUATION SYSTEM
74
9.10
MOTION BY COUNCILLOR C MOSES (MS): BLOCKING OF ELECTRICITY
75
9.11
MOTION BY COUNCILLOR S JOOSTE (MS): REVIEW AND RESCIND COUNCIL RESOLUTION ITEM 8.5 OF
30 APRIL 2015, 29TH MEETING OF THE COUNCIL OF STELLENBOSCH MUNICIPALITY
76
9.12
MOTION BY COUNCILLOR RS NALUMANGO (MS): AWARDING OF TENDERS/REQUEST FOR FORMAL
QUOTATIONS
77
9.13
MOTION BY COUNCILLOR LN SIWAKAMISA (MS): WRITING-OFF OF INDIGENT IRRECOVERABLE DEBT
78
9.14
MOTION BY COUNCILLOR R DU TOIT (MS): ADJUSTMENT OF SASSA BENEFICIARIES AND SENIOR CITIZENS’
RENT OF MUNICIPAL PROPERTY
79
10.
CONSIDERATION OF MOTIONS OF EXIGENCY
10.1
COUNCILLOR AR FRAZENBURG: CHANGING THE NAME OF THE PLANNING AND ECONOMIC DEVELOPMENT
COMMITTEE
80
11.
MATTERS FOR INFORMATION
11.1
REPORT BY THE EXECUTIVE MAYOR ON DECISIONS TAKEN BY THE MAYORAL COMMITTEE AND STANDING
COMMITTEES FOR THE PERIOD OCTOBER 2015
81
11.2
NONE
82
12
OTHER URGENT MATTERS SUBMITTED BY THE MUNICIPAL MANAGER
NONE
82
13.1
CONSIDERATION OF REPORTS SUBMITTED BY THE SPEAKER
13.1.1
INVESTIGATION INTO ALLEGATION OF BREACH OF THE CODE OF CONDUCT FOR COUNCILORS:
COUNCILOR F ADAMS
82
13.1.2
INVESTIGATION INTO ALEGATION OF BREACH OF THE CODE OF CONDUCT FOR COUNCILORS:
COUNCILOR DD JOUBERT
85
13.1.3
COUNCILORS A VAN DER WALT AND N JINDELA
88
13.1.4
COUNCILOR D HENDRICKSE
90
13.2
CONSIDERATION OF REPORTS SUBMITTED BY THE EXECUTIVE MAYOR
13.2.1
RECONSTITUTION OF DISCIPLINARY COMMITTEE IN RELATION TO DISCIPLINARY HEARING OF CLLR
JOOSTE
14.
MATTERS TO BE CONSIDERED IN-COMMITTEE
SEE PINK DOCUMENTATION
94
101
1
MINUTES OF THE 36TH MEETING OF STELLENBOSCH COUNCIL HELD ON
2015-11-25 AT 15:00 IN THE COUNCIL CHAMBER, TOWN HOUSE, PLEIN STREET,
STELLENBOSCH
PRESENT
The Speaker, Councillor CP Jooste [Chairperson]
The Executive Mayor, Alderman CJ Sidego
The Deputy Executive Mayor, Cllr MG Smuts
ALDERMAN
DC Botha (until 18:00)
COUNCILLORS
F Adams
DS Arends
NM August
PW Biscombe
A Crombie (Ms)
JA Davids
R du Toit (Ms) (from 16:30)
V Fernandez (Ms)
JSA Fourie
AR Frazenburg
DA Hendrickse
JK Hendriks
N Jindela
MC Johnson
DD Joubert
S Jooste (Ms)
SJ Louw (Ms)
C Manuel
EL Maree (Ms) (from 16:55)
NE McOmbring (Ms) (from 15:10)
XL Mdemka (Ms)
C Moses (Ms)
RS Nalumango (Ms)
MM Ngcofe
N Ntsunguzi (Ms)
WC Petersen (Ms)
PJ Retief
L Ronoti
JP Serdyn (Ms)
P Sitshoti (Ms)
LN Siwakamisa (Ms)
Q Smit
LL Stander
AT van der Walt
***************************************************************
OFFICIALS
Acting Municipal Manager (D Lombaard)
Chief Financial Officer
Director: Human Settlements and Property Management
Acting Director: Strategic and Corporate Services (V Bowers)
Acting Director: Community and Protection Services (G Esau)
Acting Director: Engineering Services (EJ Wentzel)
Senior Legal Advisor (M Williams)
Senior Legal Advisor (Ms E Williams)
Chief Audit Executive
Head: Committee Services (N Ceasar) (until 16:30)
Head Committee Services (J Potts)
Committee Clerk (Ms T Samuels)
Committee Clerk (Ms B Mgcushe) (until 19:30)
Interpreter
***********************************************************************************
2
MINUTES
1.1
2015-11-25
APPLICATION FOR LEAVE OF ABSENCE
(3/4/2/3)
36TH COUNCIL MEETING: 2015-11-25: ITEM 1
RESOLVED (nem con)
1.2
(a)
that leave of absence be granted to Councillors HC
Bergstedt (Ms);
E Groenewald (Ms); M Mananga-Gugushe (Ms) and M Wanana; and
(b)
that permission be granted to Councillors
EL Maree (Ms) to join the meeting later.
NE
McOmbring (Ms)
and
ABSENT
Councillor P Mntumni (Ms)
(HEAD: COMMITTEE SERVICES TO ACTION)
2.1
DECLARATION OF INTEREST
(3/6/2/2)
NONE
2.2
PRESENTATION
(8/1/4/2/6)
NONE
2.3
COMMUNICATIONS
(3/4/1/6)
2.3.1
COMMUNICATION BY THE SPEAKER
(3/4/1/6)
2.3.1.1 The Speaker, Councillor CP Jooste, welcomed the Speaker of Breede Valley
Municipality Councillor M Sampson (Ms), as well as Breede Valley Municipality’s
Municipal Manager, Mr GF Matthyse, who were present in the public gallery.
2.3.1.2 He congratulated all Councillors who celebrated their birthdays during the months of
November and December.
2.3.1.3 The Speaker, on behalf of Council, expressed condolences toward Councillor
NM August with the passing of his wife. He further expressed condolences toward the
family of Mr Brooks, a former Deputy Mayor of the Council of Stellenbosch and a very
prominent figure in the community of Kylemore, who also passed away.
2.3.1.4 He congratulated Mr Nicky Ceasar, Head: Committee Services, who celebrated his
birthday on 26 November and who will retire at the end of November 2015 after 13 years
of service at Stellenbosch Municipality. The Speaker further expressed a vote of thanks
and appreciation toward Mr Ceasar for a job well done and for the value he added during
his term of office. He wished him well with his golden years.
2.3.1.5 Stellenbosch Municipality received a clean audit and the Speaker thanked the Executive
Mayor and the Management Team for the roles they played. He also gave recognition to
the previous Municipal Manager for the role she played in obtaining a clean audit.
(-)
3
MINUTES
2.3.2
COMMUNICATION BY THE EXECUTIVE MAYOR
2015-11-25
(3/4/1/6)
2.3.2.1 The Executive Mayor’s communications can be summarised as follows:(1)
He expressed his sympathy toward Councillor NM August on the passing of his
wife. He further expressed his condolences to the families of Mr Brooks, former
Deputy Mayor of the previous Council and a young lad, Bradley of Idasvalley who
died in a car accident.
(2)
He reflected on the past six (6) months of the financial year and pointed out that
Stellenbosch face enormous challenges, mostly socio-economic related.
Because these challenges are historical, people tend to get used to it. The riots
at campuses and universities throughout SA reminded us about the challenges
people in our country are faced with on a daily basis. The slogan “Fees Must Fall”
equates to a cry that “Poverty Must Fall” and “Inequality Must Fall”. As a
municipality we must adhere to the mandate of always giving your best through
service delivery and to treat people with dignity. There is pressure on
municipalities to obtain a clean audit, but obtaining a clean conscious is equally
important. The municipality already spent 49% of its budget (capital and
committed amounts) within the first six (6) months of the financial year, which is
an improvement on last year. The aim is for 50% by the end of December.
(3)
The Executive Mayor highlighted the following milestones:
(i)
The reservoirs in Kayamandi and Franschhoek has been completed and
will supply water in these areas.
(ii)
The Directorate: Engineering Services received a nomination for the
Consulting Engineers Award in South Africa for the Wemmershoek
Purification Services. Recognition is given for investing in innovation
technology.
(iii)
the Municipality received an Award from the Western Cape Government for
its Compressed Earth Brick Project.
(iv)
120 Title Deeds were handed over to residents in Kayamandi/Watergang,
74 Title Deeds in Koelpark and 142 Title Deeds to residents in Klapmuts.
(v)
In a drive to enhance public safety, the Directorate: Community and
Protection Services launched a programme where 28 people were trained
as parking attendants. This initiative will act as a deterrent against crime
such as theft out of motor vehicles, and it creates an employment
opportunity for parking attendants/car guards.
(vi)
The Executive Mayor applauded the businessman, Mr Rob Brisley of BP in
Merriman Street who sponsored a high performance vehicle which allows
Traffic Services to reach accident scenes quicker and more efficiently.
(vii) All closed-circuit televisions were upgraded and mobile safety stations
deployed in various communities. This would step up safety in the town and
complement the operations of Neighbourhood Watches and the
Stellenbosch Safety Initiative.
(viii) The Directorate: Local Economic Development (LED) trained sixty (60)
people to work in the Wine Tourism Industry. In collaboration with a
Belgium organisation, 20 entrepreneurs were trained in the Tourism,
Agricultural and the Manufacturing Sectors. Entrepreneurs also attended a
4
MINUTES
2015-11-25
recycling course that was presented by the Paper Recycling Association of
South Africa (PRASA) and Green Entrepreneur.
(ix)
Council recently approved a By-law for Disabled People. This By-law will
guide Council to, at all times, provide the best services to the ±8000
disabled people within WCO24.
(x)
To provide in the needs of many families in the community, 24 vegatable
gardens were planted with more being planned.
(xi)
As part of the Million Trees Project, 60 000 trees were planted in the last
6 months.
(4)
16 Days of Activism for No Violence Against Women and Children started on 25
November 2015 and runs until 10 December 2015; World Aids Day is celebrated
on 1 December 2015 and International Day of People with Disability celebrated
on 3 December 2015.
(5)
The Executive Mayor took the opportunity to wish the Head: Committee Services,
Mr Nicky Ceasar a well deserved retirement and thanked him for his 13 years of
professional and devoted service at the Municipality.
(6)
Finally, the Executive Mayor wished all personnel a wonderful holiday period, and
also thanked all the Councillors, The Speaker and the Administration for their
dedicated service to the people of the Greater Stellenbosch.
(-)
2.3.3
COMMUNICATION BY THE MUNICIPAL MANAGER
(3/4/1/6)
2.3.3.1 The
Acting
Municipal
Manager,
Mr
Dupre
Lombaard
reported
that
Mr Gerald Esau accepted the offer of employment as Director: Community and
Protection Services and indicated that he will take up office on 1 December 2015.
Mr Raymond Esau also accepted the offer of employment as Director: Strategic and
Corporate Services and indicated that he will take up office on 1 February 2016. The
MEC for Local Government responded that the post for Director: Engineering Services
should be re-advertised. This process will start in due course and feedback will be given
on a regular basis.
(-)
3.
CONFIRMATION OF THE MINUTES
(3/4/1/5)
3.1
CONFIRMATION OF THE MINUTES OF THE 35TH MEETING OF THE COUNCIL OF
STELLENBOSCH MUNICIPALITY HELD ON 2015-10-28
(3/4/1/5)
The minutes of the 35th Meeting of the Council of Stellenbosch Municipality held on
2015-10-28 were previously distributed.
FOR CONFIRMATION
5
MINUTES
2015-11-25
36TH COUNCIL MEETING: 2015-11-25: ITEM 3.1
RESOLVED (nem con)
that the minutes of the 35th Meeting of the Council of Stellenbosch Municipality held on
2015-10-28, be confirmed.
(HEAD: COMMITTEE SERVICES TO ACTION)
4.
INTERVIEWS WITH DEPUTATIONS
(3/4/1/7)
NONE
5.
STATUTORY BUSINESS
(3/4/1/7)
NONE
6.
REPORT/S BY THE MUNICIPAL MANAGER RE OUTSTANDING RESOLUTIONS
TAKEN AT PREVIOUS MEETINGS OF COUNCIL
(3/4/1/5)
The report by the Acting Municipal Manager re outstanding resolutions taken at previous
meetings of Council is attached as APPENDIX 1.
FOR INFORMATION
36TH COUNCIL MEETING: 2015-11-25: ITEM 6
RESOLVED (nem con)
(a)
that the report on outstanding resolutions by the Acting Municipal Manager be
noted; and
(b)
that the Acting Municipal Manager note the input by Councillors regarding the
items as outlined below, and provide responses, where applicable.
Issue raised by
Cllr : JA Davids: Outstanding Council Resolutions: Motion
of Cllr Siwakamisa regarding inititiations
What happened to this Resolutions?
Item
th
25 Council:
2014-11-26
Item 9.2
25th COUNCIL: 2014-11-26: ITEM 9.2
Response by
The Speaker RULED that the
Acting Municipal Manager report
back to Cllr Siwakamisa (Ms) or
at the next Council meeting
scheduled for January 2016.
RESOLVED (nem con)
that an urgent engagement take place with the Stellenbosch Initiation
Forum enabling them to make suggestions as to where such a site must
be situated and the requirements for the site.
Cllr F Adams: Motion by Cllr F Adams: Process for the
Renaming of Streetnames
What is the current status with regard to (b) & (c) of the
resolution which reads as follows:
rd
33 Council:
2015-08-25:
Item 7.2
The Speaker RULED that the
Acting Municipal Manager report
back to Cllr F Adams in writing
on both (b) & (c) of the
resolution.
6
MINUTES
(b)
that the Director: Planning & Economic Development be instructed
to place an advert in the local community newspapers and to
place notices at public places to invite nominees for the
establishment of a Panel of Experts to advice Council on proposal
for the renaming of streets.
(c)
that the terms of reference for the panel of experts as summarised
in the report, be approved.
2015-11-25
(DIRECTOR: PLANNING AND ECONOMIC
DEVELOPMENT TO ACTION)
th
Cllr N Jindela: Informal Trading
This matter needs to be attended to as a matter of urgency, as it
has been outstanding since 2014-01-16.
17 Council:
2014-01-16
Item 7.7
RESOLVED (nem con)
Acting MM
This matter will serve at the
Planning
and
Economic
Development
Committee
Meeting
scheduled
for
2015-12-01.
(a) that Council support the initiative to amend the By-laws for the
Supervision and Control of the Carrying on of the Business of Street
Vendor, Pedlar or Walker;
(b) that the decision to amend the above-mentioned By-laws as well as
the proposed proclamation of the sites attached be advertised for
public comment (internally and externally), before a final decision is
made by Council;
(c) that the amendment to the various By-laws and all trading sites
except the portion of Die Braak along Blom Street, be advertised for
public and internal comment whereafter same be re-submitted to
Council; and
(d) that the Beyers alley in the CBD (Eikestad Mall) also be included in
partnership with land owners.
th
Cllr DA Hendrickse: Emergency Housing Policy
4 Council:
2011-10-27
Item 7.9
Cllr Hendrickse requested that this matter be finalized.
The Speaker urged the Acting
Municipal Manager to, as a
matter of urgency, finalize and
submit this Policy to Council.
RESOLVED (majority vote)
(a) that Council recognizes the need for the
implementation of an Emergency Housing Policy;
adoption
and
(b) that Council notes the draft Emergency Housing Policy presented to
it;
The Acting Municipal Manager
responded that an item will be
submitted to Council in this
regard.
(c) that Council is advised that the aforesaid Policy is based on the
directions given by the Supreme Court of appeal in the case of
Johannesburg Metropolitan Municipality v Blue Moonlight Properties
39 (Pty) Ltd. Council is furthermore advised that this case is
currently on appeal to the Constitutional Court and that this
judgment may alter the directions given by the Supreme Court of
Appeal; and
(d) that in view of the aforesaid, Council deems it to be prudent to let
this matter stand over until the judgment of the Constitutional Court
has been handed down and the current draft policy can be
considered by Council having due regard to this judgment.
(DIR: PLANNING, IHS & PROP MAN)
Outstanding Resolutions
Concerned about the Outstanding Resolutions that is not being
addressed.
Speaker RULED that Councillor
DA Hendrickse list the missing
Outstanding resolutions and
submit it to the Acting Municipal
Manager.
The Acting Municipal Manager
reported that a full audit will be
done
on
all
outstanding
Resolutions
and
a
comprehensive report will be
submitted to Council by end
January 2016.
7
MINUTES
2015-11-25
7.
CONSIDERATION OF MATTERS REFERRED TO COUNCIL VIA THE MAYORAL
COMMITTEE MEETING/S
7.1
PLANKENBRUG RIVER RESTORER: DEMONSTRATION PROJECT
File number
:
8/1/Engineering Services
Compiled by
:
Manager: Transport, Roads and Stormwater
Report by
:
Acting Director: Engineering Services
Delegated Authority
:
Council
Strategic intent of item
Preferred investment destination
Greenest municipality
X
Safest valley
Dignified Living
X
Good Governance
______________________________________________________________________
1.
PURPOSE OF REPORT
To request permission to test new technology to treat polluted stormwater and
to make land available for the project.
2.
BACKGROUND
Under the auspice of the Stellenbosch River Collaborative a business plan
was submitted by Wildlands to the Global Nature Fund to fund a project to
develop and test new technologies to treat polluted stormwater in the
Plankenburg River. The business plan was approved.
Wildlands has appointed Isidima Design and Development to roll out the
project. The goal of the project is:
•
•
•
Demonstrate and evaluate the performance of the restorer technology in
the context of the Plankenbrug River.
Monitor the water chemistry parameters to inform the design of future river
remediation projects.
Provide an opportunity for education and outreach. To raise the profile of
the polluted river and show a way forward toward restored and health
waters.
For more detail on the project refer to the Design report in APPENDIX 1. The
proposal system will consist of ±14 300 aquatic cells. Throughout the
demonstration phases different plants and combinations will be tested to
determine their overall effectiveness.
3.
DISCUSSION
Through this project the Municipality will:
8
MINUTES
•
•
•
2015-11-25
Support the development of new technology.
Show commitment in restoring the river health in the Plankenburg river.
Improve water quality that impacts on the health of the downstream
communities.
All costs for this project will be borne by Wildlands.
The land that is required is approximately 100m2 and is part of the George
Blake road reserve. The area has been developed as a park and has a large
substation on it. The proposed activities will not have a detrimental impact on
the usage of the park.
Following a meeting with Melissa Lintnaar-Strauss from DWS
(5th August 2015), the department has confirmed their support of the initiative.
DWS has indicated that the project can be approved under a General
Authorisation, whereby the Municipality will be the applicant. A draft
application form has been prepared for submission to DWS. DWS has
indicated that they will give approval in principal and that works may proceed.
The final authorisation will take account of water quality monitoring data that
will only be available once the project is operational.
Wildlands is an employer in its own right and will have to take responsibility in
terms of Health and Safety aspects during construction and during the testing
phase. The site will be fenced off and access to the general public will be
controlled.
Through a partnership with Isidima, Stellenbosch University and the Water
Research Commission, this project will be monitored to assess its scientific
performance. The research team will undertake to maintain the facility for the
duration of this research to Feb 2017.
Should this demonstration project be successful, it would be to the
Municipality’s advantage to have access to the findings of the study in order to
incorporate the finding in future designs and projects.
4.
LEGAL IMPLICATION
None
5.
FINANCIAL IMPLICATION
This project will have no financial impact on Council.
6.
COMMENTS FROM OTHER RELEVANT DEPARTMENTS
6.1
Director Corporate and Strategic Services – Legal (Elizabeth Williams)
In terms of the item no costs will be incurred by the Council. Should it lead to
future agreements with financial implications the relevant SCM process and
related legislative framework must be adhered to. Item supported.
6.2
Finance Department
Finance supports the item if it has no financial impact on the Municipality as
indicated by the User Department.
9
MINUTES
6.3
2015-11-25
Director Public Safety and Community Services (Gerald Esau)
Community Services supports the item to introduce new technology to
improve the quality of water in the Plankenberg River. Permission is also
granted that the public open space referred to in the item be utilised during the
duration of the project. Caution should be taken in the project implementation
that the new technology is not harmful to the eco system and does not
detrimentally affect the community in the area.
6.4
Directorate: Human Settlements & Property Management (Piet Smit)
The recommendations contained in the report is supported, on condition that
Wildlands indemnifies Stellenbosch Municipality against any possible 3rd party
claim as a consequence of them making use of our property.
RECOMMENDED
(a)
(b)
that permission be granted to Wildlands to build a test and demo facility in the
George Blake reserve on the following conditions;
(i)
Wildlands to comply with all Environmental Legislation and conditions
that may be set by DEADP or DWA.
(ii)
Permission be granted for 1 year whereafter the situation be
reassessed.
(iii)
Wildlands to comply with all Occupational Health and Safety Legislation
and maintain the safety and security on site;and
that the final outcome of the study be made available to the Municipality.
(ACTING DIRECTOR: ENGINEERING
SERVICES TO ACTION)
ENGINEERING SERVICES AND HUMAN SETTLEMENTS COMMITTEE MEETING:
2015-11-04: ITEM 5.1.1
RECOMMENDED
(a)
(b)
George Blake reserve on the following conditions;
(i)
(ii)
reassessed.
(iii)
and maintain the safety and security on site;
that the final outcome of the study be made available to the Municipality; and
10
MINUTES
(c)
2015-11-25
that Wildlands indemnifies Stellenbosch Municipality against any possible
3rd party claim as a consequence of them making use of municipal property.
SERVICES TO ACTION)
MAYORAL COMMITTEE MEETING: 2015-11-18: ITEM 5.1.1
RECOMMENDED BY THE EXECUTIVE MAYOR
(a)
George Blake reserve on the following conditions:
(i)
(ii)
reassessed.
(iii)
(b)
(c)
SERVICES TO ACTION)
RESOLVED (nem con)
(a)
George Blake reserve on the following conditions:
(i)
(ii)
reassessed.
(iii)
(b)
(c)
SERVICES TO ACTION)
11
MINUTES
7.2
2015-11-25
WATER RESTRICTION MEASURES: WC024
File number
:
8/1 Engineering Services
Compiled by
:
Manager: Water Services
Report by
:
Acting Director: Engineering Services
Delegated Authority
:
Council
Safest valley
Dignified Living
Good Governance
1.
X
PURPOSE OF THE REPORT
To inform the Council of the decision made by the Acting Director: Engineering
Services to impose 20% water restriction measures for a period longer than one
calendar month. To seek approval for implementation of the 20% Water
Restriction tariff.
2.
BACKGROUND
The water sources supplying the WC024 area are situated in the Cape Town
Dam System area. This catchment area supplies water to Department of Water
& Sanitation, Stellenbosch Municipality, City of Cape Town, Drakenstein
Municipality and the West Coast District Municipality. On 8 October 2015
Stellenbosch Municipality hosted the Water Reconciliation Steering Committee
meeting for the Western Cape Water Supply System in Franschhoek.
Representatives of afore mentioned municipalities, Department of Water &
Sanitation, Irrigation Boards, Agriculture and various stake holders attended this
meeting. After being duly informed of the current dam levels and drought
conditions in the Western Cape by specialists from Department of Water &
Sanitation, the Committee recommended that a 20% water restriction be
imposed by the municipalities as soon as possible.
3.
DISCUSSION
Stellenbosch Municipality supplies 41% of the total water demand using own
water sources. The bulk of this supply is stored in the Idas Valley dams which
are fed by the Jonkershoek intake situated in the Eerste River. Each year during
the raining season the Eerste River supplies sufficient water to feed the Idas
Valley water treatment plant and fill up the Idas Valley storage dams. During
January and February the levels in the Eerste River normally drop to such an
extent that most of the supply needs to be fed from the Idas Valley storage
dams. The current levels of the Eerste River are very low and have a major
effect on the rate and volume of water available to be abstracted to fill the
storage dams. The current available volume for both storage dams is 69%.
12
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2015-11-25
The balance of the total water demand for the WC024 area (59%) is supplied by
Department of Water & Sanitation and the City of Cape Town. The Cape Town
System consists of the Theewaterskloof, Steenbras-Upper and Lower, Berg
River, Wemmershoek, Voëlvlei and Misverstand dams. The total yield of these
dams is managed as a unit because of the pipe linkages between these dams.
The current status for the Cape Town Dam System, as on 19/10/2015 was
73.2% versus 98.8% last year. This is 25.6% lower than the same time last
year. (See APPENDIX 1)
From the above it is clear that the Western Cape and specifically Cape Town
Dam System is under severe pressure and based on this information the Acting
Director Engineering Services instituted water restriction as of
1 November 2015. According to the delegations (Refer to System of
Delegations as adopted by Council on 24 June 2015, Nr. 561, S184 of
Municipal Ordinance and also in terms of Water Services Act) the Director
Engineering Services can institute water restriction, but need to inform the
Mayco should it be instituted for longer than a month. At this stage it is
anticipated that the restrictions will stay in place for the summer season.
To achieve the desired 20% saving the Stellenbosch Municipality has to
implement the drought tariff structure to achieve the desired saving. The 20%
water restriction tariffs has been approved in the Stellenbosch Municipal tariff
structure for the 2015/16 financial year and need to be implemented as a matter
of urgency.
For details of the 20 % restriction tariff refer to (See APPENDIX 3). The tariffs
for users using less than 6 kilolitres stay the same. From 7 kilolitres upwards the
tariff increase exponentially to encourage users that saves water.
4.
COMMENTS FROM OTHER RELEVANT DEPARTMENTS
4.1
Financial Services
The 20% Water restriction must be communicated with the public by means of
municipal notices and the media. The next meter reading cycle starts on
26 November 2015 and date of notice should reflect this date as the starting
date for increased tariffs.
4.2
Community and Protection Services
The Directorate Community and Protection Services supports all initiatives
instituted by the Engineering Services Department to save water for the greater
Stellenbosch. The Department Parks and Recreation will promote gardening
with water wise plants in all Municipal gardens and parks.
4.3
Municipal Manager
No comment.
RECOMMENDED
(a)
that the attached water restriction measures be imposed
1 November 2015 for the whole of WCO24 area. (APPENDIX 2);
as
from
(b)
that the 20% water restriction tariffs be implemented for water usage as from
26 November 2015 as per approved 20% water restriction tariff structure;
13
MINUTES
2015-11-25
(c)
that the duration of the 20% restriction be monitored and if necessary be
re-evaluated as drought progresses; and
(d)
that a notice pertaining to the water restrictions (APPENDIX 2) be distributed
via the following media:
•
•
•
local newspapers;
notices attached to all municipal accounts;
Municipal notice boards.
SERVICES TO ACTION)
2015-11-04: ITEM 5.1.3
RECOMMENDED
(a)
(b)
(c)
(d)
•
•
•
as
from
local newspapers;
(e)
that residents in the informal areas be identified and given training to create
awareness and monitor the wastage of water and be paid a stipend; and
(f)
that the Administration embark on a water restriction awareness campaign.
SERVICES TO ACTION)
(a)
as
from
(b)
14
MINUTES
2015-11-25
(c)
(d)
•
•
•
local newspapers;
(e)
that residents in the informal areas be identified and given training to
create awareness and monitor the wastage of water and be paid a
stipend; and
(f)
SERVICES TO ACTION)
(a)
(b)
(c)
(d)
•
•
•
as
from
local newspapers;
(e)
that residents in the informal areas be identified and given training to
create awareness and monitor the wastage of water and be paid a
stipend; and
(f)
The following Councillors requested that their votes of dissent be minuted:
Councillors F Adams; DA Hendrickse and AT van der Walt.
SERVICES TO ACTION)
15
MINUTES
7.3
2015-11-25
PROPOSED DISPOSAL OF CHURCH AND CRECHE SITES IN WATERGANG,
KAYAMANDI
File number
:
17/4/4/3/1
Compiled by
:
Manager: Property Management
Report by
:
Director: Human Settlements & Property Management
Authority
:
Council
Safest valley
Dignified Living
X
Good Governance
_____________________________________________________________________
1.
PURPOSE OF REPORT
To obtain an in-principle decision on the proposed disposal of a church and
crèche sites in Watergang, Kayamandi.
2.
BACKGROUND
2.1
Approval of development rights: Erf 2183, Kayamandi
During February 2014 the Director: Planning and Economic Development,
under delegated authority, approved the application for development rights on
erf 2183, Kayamandi. The subdivision and rezoning provided for 488 group
housing units, 1 place of worship erf, 1 educational institution erf, 3 public
open spaces and various public roads. A copy of the approved lay-out,
indicating the location of the church and crèche sites is attached as
APPENDIX 1.
3.
DISCUSSION
3.1
Property description
The property description of the two erven is as follows:
3.2
Erf number:
Land use:
Zoning:
size
Erf 3739
Crèche
Education Institute988m²
Erf 3740
Church
Place of worship 2345m²
Location and context
The two sites are located on the North Eastern corner of the development,
next to a public open space, as shown on Fig 1-3, below.
16
MINUTES
2015-11-25
Fig 1: Location and Context
Fig 2: Position of erven 3739 and 3740
Fig 3: General Plan: Erven 3739 and 3740
3.3
Legal requirements
3.3.1
Asset Transfer Regulations
In terms of Regulation 5 (1) (b) of the Asset Transfer Regulations, a municipal
Council may transfer or dispose of a non-exempted capital asset only after the
Municipal Council:(i)
has made the determination required by Section 14(2)(a) and (b);
and
(ii)
has, as a consequence of such determination, approved in principle
that the asset may be disposed of.
In terms of Regulation (7), when considering any disposal as contemplated
above, a council must take into account:-
17
MINUTES
2015-11-25
(a)
whether the capital asset may be required for the municipality’s own
use at a later date;
(b)
the expected loss or gain that is expected to result from the proposed
transfer or disposal;
(c)
the extent to which any compensation to be received in respect of the
proposed transfer or disposal will result in a significant economic or
financial cost or benefit to the municipality;
(d)
the risks and rewards associated with the operation or control of the
capital asset that is to be transferred or disposed of in relation to the
municipality’s interests;
(e)
the effect that the proposed transfer or disposal will have on the credit
rating of the municipality, its ability to raise long-term or short-term
borrowings in the future and its financial position and cash flow;
(f)
any limitation or conditions attached to the capital asset or the
transfer or disposal of the asset, and the consequences of any
potential non-compliance with those conditions;
(g)
the estimated cost of the proposed transfer or disposal;
(h)
the transfer of any liabilities and reserve funds associated with the
capital asset;
(i)
any comments or representations on the proposed transfer or
disposal received from the local community and other interested
persons;
(j)
any written views and recommendations on the proposed
transfer or disposal by the National Treasury and the relevant
provincial treasury
(k)
the interests of any affected organ of state, the municipality’s own
strategic, legal and economic interests and the interests of the local
community; and
(l)
compliance with the legislative regime applicable to the proposed
transfer or disposal.
In considering the above, the following information should be taken into
account:
a)
The erven mentioned above will not be needed for our own use, as it
was earmarked for development as a church and crèche;
b)
The expected gain would be limited, as the tender prices would
probably be less than market value;
c)
The compensation will not result in a significant economic or financial
benefit to the municipality, as it is earmarked for community benefit;
There are no risks associated with the proposed disposal of the sites;
d)
e)
The transactions will have no negative impact on the credit rating of
the municipality or its ability to raise long-term loans;
18
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2015-11-25
f)
Seeing that the church- and crèche sites will be sold at below market
value, there should be a reversionary clause, should it not be used for
the purpose that it was disposed for. Further, a condition should be
included, stating that the property be developed within a period of 3
years from date of transfer, failing which the ownership will revert
back to the municipality
g)
The cost of transfer will be borne by the buyers;
h)
There are no liabilities or reserved funds associated with the assets
i)
No comments were solicited from National or Provincial Treasury, as
these transactions do not fall within the description of a high value
property, i.e. in excess of R50M.
j)
No comments were solicited from the Public, as these transactions do
not fall within the description of a high value property, i.e. in excess of
R50M.
k)
No organ of state is affected by the proposed transactions;
l)
All legal requirements will be met; i.e. the properties will be sold by
way of a public competitive process.
Regulation 11 authorise a Council to approve conditions, when considering an
in principle disposal, such as:
(a)
the way in which an asset is to be disposal of (e.g. tender, call for
proposal, etc.);
(b)
a floor price or minimum compensation;
(c)
whether the capital asset may be transferred/disposal of for less than
its fair market value (in which case the council must first consider the
criteria set out in Regulation 13 (2)
Regulation 13(2) provides that if a municipality or municipal entity on account
of the public interest, in particular in relation to the plight of the poor, intends to
transfer a non-exempted capital asset for less than its fair market value, the
municipality or entity must, when considering the proposed transfer, take into
account –
(a)
the interest of –
(i)
the State; and
(ii)
the local community;
(b)
the strategic and economic interest of the municipality or municipal
entity, including the long-term effect of the decision on the
municipality or entity;
(c)
the constitutional rights and legal interests of all affected parties;
(d)
whether the interest of the parties to the transfer should carry more
weight than the interest of the local community, and how the
individual interest is weight against the collective interest; and
19
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2015-11-25
(e)
whether the local community would be better served if the capital
asset is transferred at less than its fair market value, as opposed to a
transfer of the asset at fair market value.
Further in terms of Regulation 13, any such disposal must be in accordance with
Council’s disposal management system (SCM), irrespective of the value of the asset.
3.3.2
SCM Policy
In terms of paragraph 5.3 of the SCM Policy, immovable property may only be
sold at market-related prices, except when the public interest or plight of the
poor demands otherwise. “Public interest” is described as, inter alia, the
promotion of welfare and charitable as the needs of the people that are
vulnerable and unable to meet their socio-economic needs independently.
In terms of paragraph 5.4, assets may be disposed of by way of:(a)
a tender process;
(b)
a call for development proposal; or
(c)
a two-stage Bidding process
4.
COMMENTS BY RELEVANT DEPARTMENTS
4.1
Finance department
Finance supports the recommendation.
4.2
Legal Department
The Municipality have to comply with Regulation 7 (a) –(l), of the Asset
Transfer Regulations (“ATR”) including (j) which makes provision for any
written views and recommendations on the proposed transfer or disposal by
the National Treasury and the relevant provincial treasury. In light of the fact
that the properties are not high value properties (in excess of R50 million, one
percent of the total value of the capital asset of the municipality or an amount
determined by resolution of council, which is less the aforementioned), the
Municipality should list same as the reasons why it does not have to comply
with Regulation 7(j), In light of the aforementioned, no public participation
process is required. Furthermore it is clear from the item that the properties
will be sold less than fair market value. In light of the aforesaid, Council should
consider the requirements listed in Regulation 13(2)() to (e).
Furthermore the Supply Chain Management Policy defined public interest as
inter alia to promote the achievement of equality by taking measures to protect
or advance persons or categories of persons, disadvantaged by unfair
discrimination, afford black people who are South African citizens a preference
in respect of the disposal and letting of immovable property as envisaged in
section 9(2) of the Constitution, to promote BEE through disposal and letting
and ensure and promote first time home ownership and enterprise
development of black people including but not limited to ensuring that people
that qualify in terms of the Municipality’s GAP housing policy have access to
adequate housing on a progressive basis. The aforementioned should be
included under the comments pertaining to the Supply Chain Management
Policy.
The item and recommendations are supported on condition that the
Municipality complies with the above requirements.
20
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5.
2015-11-25
CONCLUSION
The properties listed in par.3 (supra) is not needed to provide the minimum
level of basic municipal services, and may therefore be disposed of subject to
the prescribed (public competitive) process.
The disposal of the properties does not pose any risks to the municipality.
RECOMMENDED
(a)
that erven 3739 and 3740, Kayamandi be identified as property not needed to
provide the minimum level of basic municipal services, i.e surplus properties;
(b)
that Council, in principle, approve the disposal of erven 3739 and 3740,
Kayamandi;
(c)
that the minimum prices be determined by two (2) independent valuations
(20% of weighted average of fair market value)
(d)
that the Acting Municipal Manager be authorised to approve the evaluation
criteria and place the necessary notices, calling for tenders for the properties;
and
(e)
that, following the conditional awarding of tenders, a report be submitted to
Council to decide on the final disposal of the properties in question, taking into
account that tenders may well be below market value.
(DIRECTOR: HUMAN SETTLEMENTS AND
PROPERTY MANAGEMENT TO ACTION)
2015-11-04: ITEM 6.1.1
RECOMMENDED
(a)
(b)
Kayamandi;
(c)
(d)
that the (Acting) Municipal Manager be authorised to approve the evaluation
and
(e)
21
MINUTES
2015-11-25
(a)
(b)
Kayamandi;
(c)
(d)
and
(e)
(a)
(b)
Kayamandi;
(c)
(d)
and
(e)
Councillors JA Davids; DA Hendrickse; S Jooste (Ms); C Moses (Ms);
RS Nalumango (Ms); MM Ngcofe; N Ntsunguzi (Ms); L Ronoti; P Sitshoti (Ms);
LN Siwakamisa (Ms) and AT van der Walt.
22
MINUTES
7.4
2015-11-25
RECOMMENDATIONS AND FINDING REGARDING THE APPOINTMENT OF
EXTERNAL MUNICIPAL PLANNING TRIBUNAL MEMBERS AS DETERMINED BY
THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT 16 OF
2013) AND ITS REGULATIONS
File number
:
1/1/1/40
Compiled by
:
SPLUMA Compliance Officer
Report by
:
Director: Planning and Economic Development
Delegated Authority
:
Council
X
X
Safest valley
Dignified Living
X
X
Good Governance
_____________________________________________________________________
1.
PURPOSE OF REPORT
To obtain approval from Council by accepting the appointment of
external Municipal Planning Tribunal members for a maximum period of
three years.
2.
BACKGROUND
On the 1st of July 2015 the President enacted the Spatial Planning and Land
Use Management Act, 16 of 2013 (SPLUMA).
On a Provincial level the Western Cape Government adopted the Land Use
Planning Act, 3 of 2014 (LUPA) which will replace the Land Use Planning
Ordinance No 15 of 1985 (LUPO).
Both SPLUMA and LUPA came about after recent court judgements indicated
that old order legislation (LUPO etc.) was not in line with the Constitution and
that National and Provincial Spheres of Government had only limited powers
and functions which they could not impose on Municipalities.
In line with the new planning legislation Stellenbosch Municipality need to
establish a Municipal Planning Tribunal; appoint an authorised official; adopt a
municipal planning bylaw and have tariffs in place to accept and process land
use applications.
As per Section 36 in SPLUMA each municipality need to appoint a Municipal
Planning Tribunal consisting out of internal and external members.
In line with the above requirement, adverts were placed in various local and
regional newspapers during July 2015 calling on nominations to serve on the
Municipal Planning Tribunal. These adverts were placed in the following
newspapers:
23
MINUTES
-
2015-11-25
Riviernuus
Umlambo News
Eikestad Nuus
Paarl Post
Cape Times
Die Burger
In total 18 nominations were received which are attached as APPENDIX 1.
The purpose of this report is to make recommendations to the Portfolio
Planning and Economic Development Committee.
3.
DISCUSSION
As seen in APPENDIX 2 Council resolved on the 30th Council Meeting dated
27 May 2015 (Item 8.6) amongst others that:
(a)
the draft Council approve the establishment of a WC024 Municipal
Planning Tribunal in terms of Section 35 of the Spatial Planning and
Land Use Management Act, 16 of 2013;
(b)
that the evaluation panel to evaluate the nominations for Municipal
Planning Tribunal members received by the Municipality be Planning
and Economic Development Portfolio Committee; and
(c)
that the terms of reference for the evaluation panel be determined by
the Executive mayor in consultation with the Mayoral committee
members.
Both SPLUMA and LUPA are being implemented on a staggered approach
once municipalities have met the minimum criteria. LUPO will be repealed at
the municipality once these minimum requirements are met:
3.1
•
An approved and gazetted Municipal Planning Bylaw - (adopted in
August 2015) and in process of Gazetting
•
Advanced in the establishment of a Municipal Planning Tribunal - (Call
for nominations was advertised and nomination were received, and
recommendations has taken place);
•
Advanced in the establishment of delegations which includes the
categorisation of applications and the appointment of an authorised
official (was achieved through Council Resolution 27 May 2015);
•
Have tariffs in place to receive land use applications (was completed in
the approved 2015/2016 Municipal budget).
Terms of Reference for the Municipal Planning Tribunal
The Municipal Planning Tribunal will consist out of ten (10) members of which
seven (7) will sit at every Municipal Planning Tribunal meeting.
The Municipal Planning Tribunal must have at least three internal official
municipal members and four (4) external Municipal Planning Tribunal
members with an extra three (3) members to stand in for an unavailable
member.
24
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2015-11-25
SPLUMA Section 36(1)(b) stipulates that the external seven (7) Municipal
Planning Tribunal members must have “knowledge and experience of spatial
planning, land use management and land development or law related thereto”.
The following criteria was presented to the informal MAYCO which formed part
of the Terms of Reference for the external Municipal Planning Tribunal
members:
3.2
-
People with knowledge of planning and related law;
-
Can be a resident outside of WC024;
-
Should represent the different broader geographic areas
(Klapmuts/Franchhoek, Raitby/Stellenbosch Urban Areas and the
agricultural areas);
-
Should represent the demographic composition of residents of WC024.
Applications received
In total eighteen (18) applications were received as seen in Table 1 below
(CV’s of each candidate herewith attached as APPENDIX 3). The applicants
submitted their applications in line with SPLUMA and its regulations which
included the following minimum criteria:
•
•
•
•
•
•
Application form;
Written motivation;
Indicate any Conflict of interest;
Declaration;
Comprehensive CV and
Certified copies of qualifications and registration bodies
Table 1: Applications received to serve as External Municipal Planning Tribunal members
No
Name(s) and
Surname
Highest
Qualifications
Field of Expertise
Age
Gend
er
Rac
e
Years of
Experien
ce
1
Michael Fraser
National Technical
Certificate
Civil/Construction
Engineering Drawings
60
M
C
35
2
Thumakele Gosa
MPhil: Development
Planning
Development Planner
45
M
B
5
3
Adv Mandla
Mdludlu
LLB
Housing & Law
61
M
B
38
4
Basil Davidson
Masters: Town &
Regional Planning
Town Planner
66
M
W
30
5
Cornelia Hendrika
Smart
Masters: LLM (Law)
Heritage and Law
47
F
W
20
6
Jeffrey Phil de Wet
BSc: Engineering
Civil Engineering
63
M
C
37
7
Simon Nicks
Masters: Town &
Regional Planning
Town Planner Environmental
Urban Design Architecture
56
M
W
30
8
Pierre Arnoldus
Jurgens Smit
Masters: Town &
Regional Planning
Town Planner
58
M
W
30
9
Christiaan Klopper
Rabie
Masters: Town &
Regional Planning
SPLUMA / LUPA
ROR & 24 G
64
M
W
38
25
MINUTES
2015-11-25
10
Willem Morkel de
Kock
Masters: Town &
Regional Planning
Town Planner Professional
Property Valuation
68
M
W
40
11
Dr Pieter Eduard
Claasen
Doctorate, Masters
TRP and Engineering
Town Planner Engineer
Heritage
ROR
78
M
W
40
12
Christophe Seroot
Matric
Building Inspector
45
M
C
20
13
Owen Pieters
B.Hons: Spatial
Planning
B-Tech Town Planning
Town Planner
36
M
C
15
14
Johannes Diederik
van der Merwe
LLM and LLB
Administrative Law; land
Reform; and Environmental
Law
55
M
W
30
15
John Frederick
David Muller
Masters: Engineering
(Transport)
Engineering (Transport and
Civil)
Tribunal
Experience
49
M
C
21
16
Dr Ruida PoolStanvliet
Ph.D & Masters MSc
Environment (Cape Nature /
Land Use & Spatial Planning)
56
F
W
30
17
Eric Peter
McDonald
BSc: Electric
Engineering
Engineering (Electrical) and
Project Management
61
M
W
40
18
Adv Alan David
Maher
Masters:LLB
Property Law; servitudes;
municipal valuations; LUMS
50
M
W
22
3.3
Recommendations of the Nominations Panel for members of the public
to serve as External Members on the Municipal Planning Tribunal
The evaluation panel had its evaluation meeting on 17 September 2015
(Minutes of meeting attached as APPENDIX 4).
The evaluation committee consisted out of the following municipal
representatives:
• Dupré Lombaard - Director Planning and Economic Development
• Willem Pretorius - Acting Director Engineering
• Robert Fooy - Acting Manager Land Use Management
• Mervin Williams - Senior Legal Advisor
• Bernabe De La Bat - Manager Spatial Planning, Heritage and Environment
• Jacques Jansen van Rensburg – SPLUMA Compliance Officer
3.3.1
Out of the above assessment the following External Municipal Planning
Tribunal members are recommended by the panel linked to skill and years’
experience as seen in table 2 below.
Table 2: Recommended External Municipal Planning Tribunal Members
Member
Number
Name and Surname
Field Expertise
1.
2.
3.
4.
Adv. Mandla Mdludu (Chair)
Cornelia Smart (Deputy Chair)
Thumakele Gosa
JFD Muller
5.
Dr Ruida Pool-Stanvliet
6.
Jeffrey Phil de Wet
7.
Christiaan Rabie
Advocate: Housing & Law
Heritage and Law
Development Planner
Engineering: Transport and Civil
Environment (Cape Nature / Land
Use & Spatial Planning)
Civil Engineering
SPLUMA / LUPA / ROR
RACE &
GENDER
YEARS
EXPERIENCE
B/M
W/F
B/M
C/M
38
20
5
21
W/F
30
C/M
37
W/M
38
26
MINUTES
3.3.2
3.3.3
2015-11-25
The following internal members on the Municipal Planning Tribunal were
approved at the Council Meeting dated 27 May 2015 Item 8.6):
-
Manager: Development Services, Directorate Engineering Services
-
Manager: Spatial Planning, Heritage and Environment, Directorate
Planning and economic development
-
Senior Legal Advisor: Directorate: Strategic and Corporate Services
Chair and deputy Chair of the Municipal Planning Tribunal
SPLUMA Section 36 (4 a & b) reads that the Municipal Council must
designate a chair and deputy chair for the Municipal Planning Tribunal.
The evaluation panel recommended that the following members be appointed
as the chair and deputy chair:
-
Adv. Mandla Mdludu as the Chair and
Cornelia Smart as the Deputy Chair
The above chair and deputy chair will also need to be approved in terms of
Section 36 (4a & b) of SPLUMA.
4.
DETERMINATION OF THE APPEALS AUTHORITY IN TERMS OF
SECTION 51 OF SPLUMA
Council must make a decision on the type of the Appeal Authority, which can
be the Executive Committee or Executive Mayor of the municipality. If the
municipality does not have an Executive Committee or Executive Mayor, this
function may be delegated to an official or an outside body or institution
authorized by Council to assume the functions of an Appeal Authority.
The 30th Council Meeting dated 27 May 2015 (Item 8.6) resolved:
(j) that an elected Appeal Committee consisting of Councillors of the WC024
be designated as the Appeal Authority.
After seeking consultation from the Western Cape Government Department of
Environmental Affairs and Development Planning (DEADP) it was advised to
amend resolution j from item 8.6 as it is not aligned with SPLUMA Section
52(2) (see APPENDIX 5).
Section 51(2) of SPLUMA reads: “The municipal manager must within a
prescribed period submit the appeal to the executive authority of the
municipality as the appeal authority) which makes the “executive authority” of
the municipality the appeal authority.
Internal Legal Advice obtained herewith attached as APPENDIX 6 it is
recommended that, the Executive Mayor is authorised as Appeal Authority ex
lege/in terms of legislation and not in terms of a delegation. (The Executive
Mayor will have the right to take expert technical or legal advice when
necessary). The appeal will be on procedural matters only and not on merit.
5.
LEGAL IMPLICATIONS
The Legal Department supports the Item and recommendations.
27
MINUTES
6.
2015-11-25
FINANCIAL IMPLICATIONS
The Chief Financial Officer is in support of this item.
RECOMMENDED
(a)
that the nominations made by the evaluation panel for the commencement of
appointment for the following external Municipal Planning Tribunal Members
be accepted as:
•
•
•
•
•
•
•
(b)
Adv. Mandla Mdludu
Ms Cornelia Smart
Mr Thumakele Gosa
Mr JFD Muller
Mr Jeffrey Phil de Wet
Mr Christiaan Rabie
that Council take cognisance that the following Internal Municipal Planning
Tribunal Members will be appointed as per Council resolution (Item 8.6), dated
2015-05-27:
-
-
Planning and Economic Development
-
Senior Legal Advisor, Directorate: Strategic and Corporate Services
(c)
that Item 8.6 (j) be replaced with the Appeal Authority to be the Executive
Mayor. The Executive Mayor is authorised as appeal authority ex lege/in terms
of legislation and not in terms of a delegation; and
(d)
that in terms of SPLUMA Section 36(4a & b), Council support and approve the
recommendation for the appointment of the Chairperson, (Advocate Mandla
Mdlulu) and Deputy Chairperson, (Ms Cornelia Smart).
APPENDICES DISTRIBUTED UNDER SEPARATE COVER
Appendix 1 - List of Nominations and Applications Received
Appendix 2 - Copy of Item 8.6 (30th Council Meeting dated 27 May 2015)
Appendix 3 - Copies of CV’s of applications received to serve as External
Municipal Planning Tribunal Members
Appendix 4 - Action Minutes of Nominations Panel recommendations and vote
Appendix 5 - Western Cape Government (DEADP) comment on the amendment of
Item 8.6 (j) regarding the embellishment of the Appeal Authority.
Appendix 6 - Comments received from Senior Legal Advisor
28
MINUTES
2015-11-25
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 2015-11-03: ITEM 5.1.1
During deliberations on the matter, the ANC requested a caucus, which the
Chairperson allowed.
After the meeting resumed, it was
RESOLVED (nem con)
that this matter be deferred to a Reconvened Planning and Economic Development
Committee meeting to be held on Friday, 2015-11-06 at 09:00.
Note! See page 82 of the minutes of this Committee for detail of the reconvened
meeting.
RECONVENED MEETING OF THE PLANNING AND ECONOMIC DEVELOPMENT
COMMITTEE: 2015-11-05: ITEM 5.1.1
During deliberations on this matter, the Committee noted the input by the
Administration that the purpose of this report be changed as indicated below.
During further debate the DA Councillors requested a caucus which was allowed.
RESOLVED (nem con)
that the purpose of the report be changed to read as follows:
1.
PURPOSE OF REPORT
To obtain approval from Council by accepting the appointment of external
Municipal Planning Tribunal members for a maximum period of three years.
RECOMMENDED
(a)
be accepted by Council as:
•
•
•
•
•
•
•
(b)
Adv. Mandla Mdludu
Ms Cornelia Smart
Mr Thumakele Gosa
Mr JFD Muller
Mr Christiaan Rabie
2015-05-27:
-
29
MINUTES
2015-11-25
-
-
(c)
that Item 8.6 (j) be replaced with the Appeal Authority be the Executive Mayor.
The Executive Mayor is authorised as appeal authority ex lege/in terms of
legislation and not in terms of a delegation; and
(d)
(a)
•
•
•
•
•
•
•
(b)
Adv. Mandla Mdludu
Ms Cornelia Smart
Mr Thumakele Gosa
Mr JFD Muller
Mr Christiaan Rabie
2015-05-27:
-
-
-
(c)
(d)
30
MINUTES
2015-11-25
RESOLVED (nem con)
(a)
•
•
•
•
•
•
•
(b)
Adv. Mandla Mdludu
Ms Cornelia Smart
Mr Thumakele Gosa
Mr JFD Muller
Mr Christiaan Rabie
2015-05-27:
-
-
-
(c)
(d)
31
MINUTES
7.5
APPOINTMENT
OF
TEMPORARY
GOVERNANCE PROJECTS
PROJECT
File number
:
4/3/4/7
Compiled by
:
Senior Administrative Officer
Report by
:
Acting Municipal Manager
Delegated Authority :
2015-11-25
MANAGERS:
VARIOUS
Council
Safest valley
Dignified Living
X
X
Good Governance
_____________________________________________________________________
1.
PURPOSE OF REPORT
To motivate to Council for the temporary appointment of Project Managers
Governance Projects for a period of one to three years.
2.
BACKGROUND
Various governance gaps were identified over the past years. These areas
need a special focus and impetus to enhance service delivery. Permanent
staff do not have the capacity to also manage these projects, and each project
can be managed with an end date in mind. A project manager can facilitate
project scoping and development, implementation, monitoring, evaluation and
closing down of the project.
Candidates will be interviewed and employed in line with the Employment
Equity Act and plan of Stellenbosch Municipality.
The following is the list of projects which have been identified:
Project
1.
Project office
Directorate
All
Comment
Proposed project management assistance needed with
regards to e.g. Built Environment.
Not only about skill but also about time and resources.
Properly skilled project manager with a focus on various
built environment projects.
Use vacant position:
PROFESSIONAL OFFICER: IR & IGR RELATIONS
NEW / VACANT/UNFUNDED 2015/2016 [7.4.6/WC024] –
Reports to Manager: LED
2.
mSCOA
Office of the
MM
Proposed project management assistance.
3.
Customer
care and Call
Centre
Strategic and
Corporate
Services
Proposed project management assistance, especially for
the establishment of the call centre as a dedicated project
manager was a challenge during the last financial year.
32
MINUTES
2015-11-25
4.
Clean Audit
Program
Office of the
Municipal
Manager
Project Manager needed for three years. (use Internal
Audit 1.3.2 Senior Internal Auditor vacant position).
APPENDIX 1.
5.
Coordination
of Northern
Extension
HSPM
PED
or
Project Manager needed for a minimum of 3 years to
monitor/drive this project, i.e the obtaining of development
rights and related property transactions. Seeing that this
is a multi- disciplinary project, the need for a dedicated
driver is important.
6.
Ex Bosdorpe
HSPM
PED
or
monitor/drive this project, consisting of various
geographical areas, such as Jonkershoek, Meerlust and
Maasdorp. The focus will be the obtaining of development
rights and related property transactions. Seeing that this
is a multi- disciplinary project, the need for a dedicated
driver is important.
3.
DUTIES OF THE PROPOSED PROJECT MANAGERS INCLUDE, BUT ARE
NOT LIMITED TO:
3.1
PROJECT OFFICE:
•
•
•
•
3.2
Large built environment projects
Office space
Innovation in Housing
Cemetery, sports plan, graveyard records electronically.
mSCOA
Uniform expenditure classifications have already been established and
implemented for national and provincial government departments. Draft
regulations have been established to propose segments and a classification
framework for the standard chart of accounts to be applied in local
government in similar form to that implemented for national and provincial
government departments. In order to enable the National Treasury to provide
consolidated local government information for incorporation in national
accounts, national policy and other purposes, it must obtain financial
information from individual municipalities.
It is for this reason that the Minister of Finance specified national norms and
standards for the recording and collection of local government budget,
financial and non-financial information which will include in some instances the
specifications of information required for national policy coordination and
reporting. This will result in an improved understanding of the role of local
government in the broader national policy framework and linkage to other
government functions.
3.3
CUSTOMER CARE AND CALL CENTRE
Call centre Business plan attached as APPENDIX 2.
4.
COMMENTS FROM OTHER DEPARTMENTS
4.1
Corporate Services/ Legal Implication
Though The Labour Relations Amendment Act, Act No 6 of 2014 provides for
the employment of: temporary or fixed term employees, same does not apply
to employees earning in excess of the threshold R205 433.30) prescribed by
the Minister in terms of Section 6(3) of the Basic Conditions of Employment
33
MINUTES
2015-11-25
Act. 75 of 1997. Section 66 of the Municipal Systems Amendment Act 5 of
2011 states that all positions within the municipality must be on the approved
staff establishment and it must particular be noted that no distinction is made
between permanent and temporary positions.
It is therefore reasonable to conclude that said position must first be approved
as a temporary position on the staff establishment prior to an appointment
being made. After provision has been made for any position on the staff
establishment, advertisements must be duly advertised to ensure that the
council adhere to the legislative prescripts.
Legal Department
The Item is supported. We note that no provision was made by the
Directorate: Human Settlements for a position on the staff establishment to
assist with the various eviction applications received and reports on alternative
accommodations in line with the Municipality’s Emergency Housing
Assistance Policy. We propose that provision is made on the staff
establishment for such position as well.
However, in terms of regulation 4 of the Local Government: Regulations on
appointment and conditions of employment of Senior Managers, the Municipal
Manager must within 12 months of the promulgation of these regulations,
review the municipality’s staff establishment having regard to the principles set
out in these regulations. The review alluded to above is still outstanding and
we advise that the Municipality attend to same urgently. The haphazard
fashion in which the staff establishment is amended by the Municipality is
problematic and needs to be attended to collectively in line with the prescripts
of the regulations.
4.2
Project managers are essential resources for implementation of projects and
programs. The Municipality was structured in 2011 on the basis of old pre –
2009 thinking. Developmental local government needs pro-active, project and
program driven service delivery, which the current organisational structure
does not support or permit.
The appointment of project managers in all directorates where multiple
operational projects or programs in excess of R1 million per project or
program are budgeted is supported. Over time the project managers must
become permanent appointments, as projects and programs are the norm, not
current budget items only. The organisational structure must then adjust
accordingly.
RECOMMENDED
(a)
that Council recognise the need for additional project manager capacity;
(b)
that due process be followed in terms of the proposed amendments to the
approved micro-organisational structure of 2011;
(c)
that the recruitment and selection process be followed as per the Recruitment
and Selection Policy; and
34
MINUTES
(d)
2015-11-25
that the Project Managers be appointed on a one (1) to three (3) year contract
with performance based targets and in line with the Employment Equity Plan.
(ACTING MUNICIPAL MANAGER TO ACTION)
RESOLVED (nem con)
that this matter be referred back to the relevant Standing Committee during November
2015 and subsequent recommendation to Council.
FURTHER COMMENTS BY THE ACTING MUNICIPAL MANAGER
In addition to the appointment of Project Managers as contemplated in paragraph 2
above, Council’s approval for a temporary person to support the acting Director:
Engineering Services is required.
The position of Acting Director: Engineering Services will not filled until there is clarity
on the permissible job requirements. The MEC for local government and the Minister of
Cooperative Governance and Traditional Affairs have been asked to give clarity and
guidance on the effect of the 30 September 2015 decision to enforce the so called
Municipal Minimum Competency Regulations. (See APPENDIX 3)
At best, a new Director will be appointed in February 2016 but more likely March 2016.
Given the work pressure of the increased budget, the shortened budgeting cycle (due
to the local elections) and the staff situation in the Directorate, it is critical to employ an
approximately skilled, knowledgeable and capable person to support the Acting
Directors with day to day administrative work that prevents them from focusing on their
functions as managers in their respective departments. The cost of such employment
can be covered by the savings incurred in the remuneration of a Director.
In addition to the recommendations (a) to (d) depicted above, the following should be
added:
(e)
that an external senior professional person with the requisite qualifications,
skills and expertise be appointed to support the Acting Director: Engineering
Services until such time that the position is filled.
FOR CONSIDERATION
FINANCE AND STRATEGIC AND
MEETING: 2015-11-10: ITEM 5.1.1
CORPORATE
SERVICES
COMMITTEE
RESOLVED (nem con)
that Human Resources provides the project plans for each project manager listed
above prior to submission to the Mayoral Committee and to Council.
35
MINUTES
2015-11-25
RECOMMENDED
(a)
that Council recognise the need for additional project manager capacity for the
following projects:
Project
1.
Project office
Directorate
All
Comment
Properly skilled project manager with a focus on various built
environment projects. Use vacant position: PROFESSIONAL
OFFICER:
IR
&
IGR
RELATIONS
NEW
/
VACANT/UNFUNDED 2015/2016 [7.4.6/WC024] – Reports
to Manager: LED
2.
mSCOA
Office of
Municipal
Manager
the
3.
Customer care
and Call Centre
Strategic
Corporate
Services
and
Proposed project management assistance, especially for the
establishment of the call centre as a dedicated project
manager was a challenge during the last financial year.
4.
Clean
Program
Office of the MM
Project Manager needed for three years. (use Internal Audit
1.3.2 Senior Internal Auditor vacant position). APPENDIX 1.
5.
Coordination of
Northern
Extension
HSPM or PED
Project Manager
monitor/drive this
rights and related
multi- disciplinary
important.
6.
Ex Bosdorpe
HSPM or PED
monitor/drive this project, consisting of various geographical
areas, such as Jonkershoek, Meerlust and Maasdorp. The
focus will be the obtaining of development rights and related
property transactions. Seeing that this is a multi- disciplinary
project, the need for a dedicated driver is important.
7
Emergency
Housing
Assistance
Officer
Human
Settlements
Proposed Project Management assistance
Audit
needed for a minimum of 3 years to
project, i.e the obtaining of development
property transactions. Seeing that this is a
project, the need for a dedicated driver is
(b)
(c)
and Selection Policy;
(d)
that the Project Managers be appointed on a temporary basis of one (1) to
three (3) year contract with performance based targets and in line with the
Employment Equity Plan; and
(e)
that an external senior professional person with the required qualifications,
Services until such time that the Director position is filled.
(ACTING DIRECTOR: STRATEGIC AND
CORPORATE SERVICES TO ACTION)
36
MINUTES
2015-11-25
(a)
that Council recognise the need for additional project manager capacity for the
following projects:
Project
1.
Project office
Directorate
All
Comment
OFFICER:
IR
&
IGR
RELATIONS
NEW
/
to Manager: LED
2.
mSCOA
Office of the MM
3.
Clean
Program
Office of the MM
4.
Coordination of
Northern
Extension
HSPM or PED
Project Manager
monitor/drive this
rights and related
multi- disciplinary
important.
5.
Ex Bosdorpe
HSPM or PED
6.
Emergency
Housing
Assistance
Officer
Human
Settlements
Audit
(b)
(c)
(d)
that the Project Managers be appointed on a temporary basis ending
30 June 2016 subject to performance-based targets and in line with this
municipality’s Employment Equity Plan; and
(e)
Services until such time that the Director position is filled, but also ending on
30 June 2016.
(a)
that Council recognise the need for additional Project Manager capacity for the
following projects:
37
MINUTES
Project
1.
Project office
Directorate
All
2015-11-25
Comment
OFFICER:
IR
&
IGR
RELATIONS
NEW
/
to Manager: LED
2.
mSCOA
Office of the MM
3.
Clean
Program
Office of the MM
4.
Coordination of
Northern
Extension
HSPM or PED
Project Manager
monitor/drive this
rights and related
multi- disciplinary
important.
5.
Ex Bosdorpe
HSPM or PED
6.
Emergency
Housing
Assistance
Officer
Human
Settlements
Audit
(b)
(c)
(d)
that the Project Managers be appointed on a temporary basis ending
30 June 2016 subject to performance-based targets and in line with this
municipality’s Employment Equity Plan; and
(e)
Services until such time that the Director position is filled, but also ending on
30 June 2016.
Councillors F Adams; JA Davids; DA Hendrickse; S Jooste (Ms); C Moses (Ms);
38
MINUTES
7.6
2015-11-25
CLOSURE OF OFFICES: FESTIVE SEASON 2015
File number
:
2/6 x 4/4/11
Report by
:
Compiled by
:
Acting Director: Strategic and Corporate Services
Delegated authority :
Council
Safest valley
Dignified Living
X
X
Good Governance
_____________________________________________________________________
1.
PURPOSE OF REPORT
To obtain approval for the closure of Municipal Offices over the festive
season. That the period from 2015-12-28 to 2015-12-31, which includes four
(4) work days be approved as days off for the staff.
2.
BACKGROUND
It was normal practice for the offices of the Municipality, with the exception of
Traffic Services (Motor Vehicle Registration Section, Court Section and Traffic
Administration Section) to be closed between Christmas and New Year.
3.
DISCUSSION
Effectively the offices are closed between Christmas and New Year, which
period includes four (4) working days. Few staff do not take leave during this
period and then their productivity of work is low. There is no proper
supervision, Council is in recess, there are no public participation processes,
plans are not considered and only essential services are delivered.
RECOMMENDED
(a)
that the offices and municipal halls be closed on 2015-12-24 at 13:00 until
2015-12-31 to reopen on Monday, 2016-01-04;
(b)
that the period from 2015-12-28 to 2015-12-31, which includes four (4)
working days be approved as days off for permanent personnel, i.e. special
leave in keeping with (i) below;
(c)
that the Libraries be closed from 13:00 on 2015-12-24 to reopen on Monday,
2016-01-04;
(d)
that the Cloetesville Swimming Pool be closed on 2015-12-25;
39
MINUTES
2015-11-25
(e)
that the Motor Vehicle Registration Section, Court Section and Traffic
Administration Section be closed at 13:00 on 2015-12-24, but that normal
office hours shall be applicable from 2015-12-28 until 2015-12-31;
(f)
that the Directors Community and Protection Services and Strategic and
Corporate Services in collaboration with the Chief Financial Officer, make the
necessary arrangements to cater for burials (payments and related practical
arrangements) and community halls/town halls already booked for this period;
(g)
that the public be informed timeously via the press and by means of notices of
the aforementioned arrangements.
(h)
that all permanent staff on duty during this period, be allowed to take off the
time worked during this period at a later stage on the basis of one work day
for each work day worked, in collaboration with his/her Director; and
(i)
that each Director, in consultation with the Acting Municipal Manager and the
relevant portfolio committee chairperson determine which staff must take
special leave and which must provide essential services.
Before debate on this matter the Deputy Executive Mayor, Councillor MG Smuts
proposed a Procedural Motion in terms of Rule 31.1.3 wherein he pointed out that this
matter was not submitted to the relevant Standing Committee for consideration prior to
this Council meeting.
RESOLVED (nem con)
that this matter be referred back to the relevant Standing Committee during
November 2015.
FINANCE AND STRATEGIC
2015-11-10: ITEM 5.1.2
AND
CORPORATE
SERVICES
COMMITTEE:
RECOMMENDED
(a)
that the offices and municipal halls be closed on 2015-12-24 at 13:00 until
2015-12-31 to reopen on Monday, 2016-01-04;
(b)
that the period from 2015-12-28 to 2015-12-31, which includes four (4)
working days be approved as days off for permanent personnel, i.e. special
leave in keeping with (i) below;
(c)
that the Libraries be closed from 13:00 on 2015-12-24 to reopen on Monday,
2016-01-04;
40
MINUTES
2015-11-25
(d)
(e)
Administration Section be closed at 13:00 on 2015-12-24, but that normal
(f)
(g)
(h)
that all permanent staff on duty during this period be allowed to take off the
time worked during this period at a later stage on the basis of one work day
for each work day worked, in collaboration with his/her Director; and
(i)
that each Director, in consultation with the Acting Municipal Manager and the
relevant Portfolio Committee Chairperson determine which staff must take
special leave and which must provide essential services.
(a)
that the offices and municipal halls close on 2015-12-24 at 13:00 and normal
(b)
that the Libraries close at 13:00 on 2015-12-24 and follow the Provincial
Government of the Western Cape’s libraries policy on business hours;
(c)
(d)
Administration Section close at 13:00 on 2015-12-24, and normal office hours
shall be applicable from 2015-12-28 until 2015-12-31;
(e)
and
(f)
41
MINUTES
2015-11-25
(a)
that the offices and municipal halls close on 2015-12-24 at 13:00 and normal
(b)
that the Libraries close at 13:00 on 2015-12-24 and follow the Provincial
Government of the Western Cape’s libraries policy on business hours;
(c)
(d)
Administration Section close at 13:00 on 2015-12-24, and normal office hours
shall be applicable from 2015-12-28 until 2015-12-31;
(e)
and
(f)
42
MINUTES
7.7
2015-11-25
PROPOSED WRITE-OFF OF IRRECOVERABLE DEBT IN RESPECT OF INDIGENT
CONSUMERS
File number
:
(5/18/2)
Compiled by
:
Manager: Treasury Office
Report by
:
Delegated Authority
:
Council
Safest valley
Dignified Living
X
X
Good Governance
______________________________________________________________________
1.
PURPOSE OF REPORT
To obtain approval from Council to write off irrecoverable debt amounting to
R26.7 million in respect of indigent consumers.
2.
BACKGROUND
During June 2015 the Council approved the writing-off of irrecoverable debt in
respect of indigent consumers. This debt was older than 1 year.
3.
DISCUSSION
From internal credit control and debt collection processes that are being
followed in terms of Council approved policies, it is clear that indigent
consumers are unable to pay their outstanding debt.
Due to high levels of debt, they are also unable to enter into acceptable
arrangements because Policy determines a maximum period of 36 months in
which arrear accounts must be settled while simultaneously maintain paid up
current accounts.
The inability to enter into arrangements is causing several indigent residents
to be without electricity. This also affects their access to Free Basic Electricity
as it can only be activated when electricity is purchased.
In the meantime, interest is being added to outstanding accounts on a monthly
basis. Although being in terms of Policy, this is a fruitless exercise as the
interest is not realistically collectible.
The municipality therefore has to deal with disgruntled indigent consumers
who are not always having access to basic services and are being subjected
to debt collection processes on the one hand, while having to deal with an
ever increasing debtor’s book on the other hand.
In efforts to recover outstanding debt being owed to the municipality by
consumers in general, legal proceedings have been instituted with the view of
43
MINUTES
2015-11-25
obtaining judgment against defaulters in cases where debt cannot be
collected. Legal proceedings against indigent consumers in particular involve
outstanding accounts amounting to R5.6 million.
It does not seem prudent to continue spending financial and human resources
in order to prove the irrecoverability of debt when it is already quite clear that
in fact, the debt is not going to be recovered.
Legal steps against these individuals have in fact now been abandoned in
favour of requesting approval for a write-off of debt from Council.
It is clear that the solution does not lie in trying to bleed money out of poor
people, but rather to contain and manage the consumption and wastage of
consumers. Plans are afoot to install water demand management devices with
which the municipality will be able to contain water losses and excessive
consumption in cases where consumers cannot afford to pay.
APPENDICES 1 and 2 provide details of indigent debt amounting to R26.7
million which is being regarded as irrecoverable and for which approval to
write-off is being sought. This does not include the current accounts or debt
smaller than R100.
A break up per suburb is shown in the Table below:
SUBURB
BDORP
CVILL
FGDAL
GOAKS
IVAL
JDAL
JTOWN
KMAND
KMORE
KMUTS
LACOL
LAMOT
LDOC
PDKLF
PNIEL
RAITH
TVILL
UNATT
USING
WELG
WEMHK
TOTALS
4.
OUTSTANDING
DEBT
50 767.66
2 676 063.95
1 301 646.63
247 221.15
416 161.45
29 213.62
173 771.87
4 764 409.29
869 176.88
4 927 052.11
14 565.48
852 897.01
2 150 271.39
12 956.04
400 024.04
80 332.54
136 208.50
1 574 904.98
457 852.32
21 135 496.91
HANDED OVER BUT
LEGAL STEPS NOW
WITHDRAWN
391 432.92
760 228.93
154 259.98
202 916.83
107 594.53
1 513 830.73
368 633.12
573 474.99
10 510.30
977 819.37
98 331.32
3 852.55
21 413.76
51 745.44
287 644.80
24 923.10
63 799.98
5 612 412.65
TOTAL OUTSTANDING
DEBT TO BE WRITTEN
OFF
50 767.66
3 067 496.87
2 061 875.56
401 481.13
619 078.28
29 213.62
281 366.40
6 278 240.02
1 237 810.00
5 500 527.10
14565.48
863 407.31
3 128 090.76
12 956.04
498 355.36
84 185.09
157 622.26
51 745.44
1 862 549.78
24 923.10
521 652.30
26 747 909.56
LEGAL IMPLICATION
This report is submitted in terms of Section 9 of the Irrecoverable Debts Policy
which reads as follows:
“Notwithstanding the framework provided in this Policy for the writing-off of
irrecoverable debt, Council mandates the CFO to consider and recommend to
council meritorious cases and provide reasons for same.”
44
MINUTES
5.
2015-11-25
Writing off the outstanding debt of indigent consumers that is being regarded
as irrecoverable will amount to R26 747 909.56. This will be dealt with in terms
of Accounting Policies.
6.
CONCLUSION
At present the municipality is reflecting the outstanding debt under discussion
here as a so called asset in its books. This is however, not correct as the
money will in all likelihood never be recovered and can therefore not be
regarded as an asset. The risk also exists that the Auditor General might
qualify the audit report on the grounds that the municipality is overstating its
assets and not reporting the true state of affairs.
Writing off the outstanding debt that is regarded as irrecoverable will bring the
municipality’s bookkeeping in line with GRAP requirements and also have a
positive effect on the Debtors Book in general.
In addition to this, indigent consumers will be able to start afresh and with
continuous credit control processes, escalation of debt to the point where debt
collection becomes an issue can be avoided. This would also have to be
linked with the use of pre-paid electricity meters and water demand
management devices.
It is therefore proposed that council approve the writing off of irrecoverable
debt amounting to R27 747 909.56, taking any changes in the scenario from
date of report to date of approval into consideration. Details are reflected in
Appendices 1 and 2.
RECOMMENDED
that the writing-off of irrecoverable debt as reflected in APPENDICES
1 and 2 with regard to indigent consumers amounting to R26 747 909.56 at date of
report, be approved.
(CHIEF FINANCIAL OFFICER TO ACTION)
FINANCE AND STRATEGIC
2015-11-10: ITEM 6.1.1
AND
CORPORATE
SERVICES
COMMITTEE:
RECOMMENDED
that the writing-off of irrecoverable debt as reflected in APPENDICES
1 and 2 with regard to indigent consumers as at the date of the report, be approved;
subject to the following:
(i)
that any debt exceeding R15,000 as of the date of the report not be
written off but be recovered by the Administration. That a debt follow-up
report of debtors exceeding R15, 000 serve during the March 2016
Council Cycle;
(ii)
that the Administration install water demand management as well as
prepaid electricity metering devices before a resident is allowed access to
future municipal services, to ensure effective user management;
45
MINUTES
2015-11-25
(iii)
that the Administration submit a quarterly report on all debtors exceeding
R15,000 to Council for consideration good administration and oversight;
and
(iv)
that the Administration submit the legislative authority for ratepayers to
finance the writing-off of the debt of Indigent Consumers.
(a)
that the writing-off of irrecoverable debt as reflected in APPENDICES 1 and 2
with regard to indigent consumers amounting to R26 747 909.56 plus any
interest/journals that may be levied after the date of the report, be approved;
(b)
that the Administration ensure that continuous
to prevent the escalation of high outstanding debts;
(c)
that the Administration consider implementing a water management plan which
should include installing water management devices through the supply chain
management processes; and
(d)
that the debt written off, but if it becomes apparent that it was not indigent debt,
same will be written back and shall be payable to the municipality.
monitoring
be
done
During deliberations on this matter, SCA requested a caucus which the Speaker
allowed.
(a)
that the writing-off of irrecoverable debt as reflected in APPENDICES 1 and 2
with regard to indigent consumers amounting to R26 747 909.56 plus any
interest/jo urnals that may be levied after the date of the report, be approved;
(b)
that the Administration ensure that continuous
to prevent the escalation of high outstanding debts;
(c)
that the Administration consider implementing a water management plan which
should include installing water management devices through the supply chain
management processes;
monitoring
be
done
46
MINUTES
(d)
2015-11-25
that the debt written off, but if it becomes apparent that it was not indigent debt,
same will be written back and shall be payable to the municipality.
Councillors DA Hendrickse and AT van der Walt.
47
MINUTES
7.8
MONTHLY
FINANCIAL
RATIFICATIONS
STATUTORY
REPORTING:
File number
:
8/1/Financial
Report by
:
Compiled by
:
Delegated authority
:
Council
2015-11-25
DEVIATIONS
&
Strategic intent of item:
X
Safest valley
Dignified Living
Good Governance
X
_____________________________________________________________________
1.
PURPOSE OF REPORT
To comply with Regulation 36(2) of the Municipal Supply Chain Management
Regulations and Section 4.36.2 of the Supply Chain Management Policy
2015/2016, by reporting that there were no deviations for the month of
October 2015.
2.
DISCUSSION
To comply with Regulation 36(2) of the Municipal Supply Chain Management
Regulations and Section 4.36.2 of the Supply Chain Management Policy
2015/2016, by reporting deviations and ratifications as approved by the
Accounting Officer for the period of 01 October 2015 until 31 October 2015
(APPENDICES 1 & 2). Reporting hereof by the Accounting Officer to Council
is done in a bid to give effect to Council’s oversight role.
3.
LEGAL IMPLICATION
Not required
4.
Not required.
RECOMMENDED
that the deviations and ratification as listed, be noted.
48
MINUTES
2015-11-25
FINANCE AND STRATEGIC AND CORPORATE SERVICES COMMITTEE: 2015-1110: ITEM 6.1.2
RECOMMENDED
that the deviations and ratifications as listed, be noted.
Councillors DA Hendrickse and AT van der Walt.
49
MINUTES
7.9
2015-11-25
MONT ROCHELLE NATURE RESERVE ADVISORY BOARD APPLICATION FOR
EXTENSION
File number
:
10/5/19
Report by
:
Acting Director: Community and Protection Services
Compiled by
:
Manager: Community Services
Delegated authority : Council
X
Safest valley
X
Dignified Living
X
Good Governance
_____________________________________________________________________
1.
PURPOSE OF REPORT
To obtain approval for:
2.
(a)
The continuation of the former Mont Rochelle Nature Reserve’s advisory
board whose term has expired at the end of 2014 as an interim
management solution. Refer to APPENDIX 1. (Extract of Ordinance 19
of 1974);
(b)
The status quo to remain until a new board is elected AND/OR a new
overarching protected areas forum is established for the Greater
Stellenbosch Municipality. This body is envisaged to optimize the
management of protected areas in the Greater Stellenbosch on a
legislatively compliant basis; and
(c)
The Legal Department to investigate the implications of rescinding of the
promulgation of By-law PK 632/1983 (APPENDIX 2) and report back to
Council.
BACKGROUND
The Mont Rochelle Nature Reserve (1759 hectares) is without a doubt the
flagship Reserve of the Stellenbosch Municipality with around 7000 fynbos
species present within its boundaries. Its biodiversity is extremely diverse and
unique and is situated in the heart of the Cape Floristic Kingdom. The location
of the reserve is also a gateway to the Cape Winelands District region.
Since 1983 the advisory board has been appointed to handle the general
management and day to day oversight as opposed to acting in a legislatively
compliant fashion. Under the day-to-day business that received attention, is
the finalizing of the MRNR emergency plan; updating of the MRNR website
and Facebook page; an examination for better security at the main gate; the
handling of non-payers and other unacceptable behaviour by visitors; updating
of the MRNR management plan in the light of the current legislation; better
50
MINUTES
2015-11-25
monitoring and prevention of the illegal stripping of the fynbos in the reserve;
and continuing upkeep and repair in the reserve.
The term of the current advisory board’s term ended at the end of 2014 and
not yet renewed due to operational capacity constraints. In the meantime the
current advisory board continues to function as if still elected. The previous
MM, Christa Liebenberg, instructed at a meeting held on 17th of August 2015
that their services continue until a solution for the management of the site has
been resolved.
3.
DISCUSSION
In terms of local government’s statutory responsibility as dictated by National
Environmental Management Act (NEMA): Biodiversity Act, No. 10 of 2004 and
the National Environmental Management: Protected Areas Act, No. 57 of 2003
(NEMA), article 8 and 9 of the Nature and Environmental Conservation
Ordinance 19 of 1974 (APPENDIX 1), the municipality must manage its
reserves as a protected area. This requires a management plan based on the
NEMA legislation.
The proposal is that the current advisory boards be terminated and replaced
with an overarching governing body with representation from industry
specialists who can provide technical advice. It is envisaged that the current
boards will convert to “friends of’ bodies which will continue to function as they
did before, but within the framework of approved, legislatively compliant
management plans, and in collaboration with existing staff structures. This
strategy also serves not to alienate the current structures and make them
completely null and void, but also serves as acknowledgement of the
contribution that these structures have made since inception. This will apply to
all nature reserves, forestry and natural areas under the management of the
Community Services Department.
Currently Drakenstein Municipality functions on this basis of an overarching
body which comprises of experts from various local and national departments.
Find attached the terms of reference (TOR) used by Drakenstein’s Reference
Group (APPENDIX 3). The group include the following representatives:
Drakenstein Municipality; WC Department of Agriculture; CapeNature;
Department of Water Affairs and Forestry; Botanical Society of South Africa –
Cape Winelands Branch; Botanical Society of South Africa – Conservation
Unit (representing the Putting Biodiversity Plans to Work Project); South
African National Biodiversity Institute (SANBI) (representing the CREW
Project); Boland Environment Forum.
Benefits of an overarching protected areas forum:
1.
Technically sound advice and directives from industry specialists;
2.
Professional representation;
3.
Compliant decision-making;
4.
Mainstreaming and streamlined approach to biodiversity management.
5.
Shared experience in nature conservation matters;
6.
One governing body;
51
MINUTES
7.
2015-11-25
Shared experience in governing matters.
In the interim, the following services have been provided directly by the
municipality since July 2015 on the EPWP programme, thus aligning to our
vision to manage our own areas:
4.
1.
Gate guard services (access control);
2.
Nature conservator;
3.
Field rangers (patrolling and visitor and biodiversity monitoring services).
COMMENTS BY RELEVANT DEPARTMENTS
Planning and Development
This department supports the retention of the Mont Rochelle Advisory Board
and consider the latter as an important potential member of the proposed
overarching protected areas forum. This department is also in support of the
proposed integrated overarching environmental forum, consisting of the
relevant role-players, to best manage the protected areas and conservationworthy natural attributes within Stellenbosch Municipality.
Corporate and Strategic
Item Supported
Legal
Item Supported
Finance
Item supported
Law Enforcement
Item supported
Engineering Services
Item supported
5.
CONCLUSION
Stellenbosch Municipality in collaboration with the former advisory board, will
continue to render services on the former basis until the new overarching
protected areas body is established OR a new advisory board is elected.
6.
None
7.
LEGAL IMPLICATION
None
RECOMMENDED
(a)
that permission be granted for the continuation of the former Mont Rochelle
Nature Reserve’s advisory board whose term has expired at the end of 2014
as an interim management solution;
52
MINUTES
(b)
2015-11-25
that permission be granted that the status quo remains until a new Board is
elected AND/OR a new overarching protected areas forum is established for
the Greater Stellenbosch Municipality.
APPENDICES
Appendix 1:
Extraction of Ordinance 19 of 1974
Appendix 2:
MRNR Advisory Board Promulgation of By-Law PK 632/1983
Appendix 3:
Drakenstein Natural Resource
(TOR Drakenstein Municipality)
Management
Reference
Group
(ACTING DIRECTOR: COMMUNITY &
PROTECTION SERVICES TO ACTION)
COMMUNITY AND PROTECTION SERVICES COMMITTEE: 2015-11-11: ITEM 5.1.2
RECOMMENDED
(a)
Nature Reserve’s Advisory Board whose term has expired at the end of 2014
(b)
(a)
(b)
53
MINUTES
2015-11-25
(a)
(b)
Councillor F Adams requested that his vote of dissent be minuted.
54
MINUTES
2015-11-25
8.
CONSIDERATIONS OF REPORTS, COMMUNICATIONS,
APPLICATIONS SUBMITTED BY THE MUNICIPAL MANAGER
8.1
LIQUOR TRADING HOURS BY-LAW
PETITIONS
File number
:
1/3/1/15/1
Report by
:
Acting Director: Strategic and Corporate Services
Compiled by
:
Legal Services
Delegated authority
:
Council
AND
Safest valley
Dignified Living
X
Good Governance
_____________________________________________________________________
1.
PURPOSE OF REPORT
To submit the “Stellenbosch Liquor Trading Hours by-law” to Council for
consideration and approval, whereafter it will be submitted for a short period
of 7 days for public participation as envisaged in section 12 to 15 of the Local
Government: Municipal Systems Act, 2000 (Act 32 of 2000).
2.
BACKGROUND
The Administration has drafted an
By- Law” for consideration by Council.
item
“Liquor
Trading
Hours
The first draft which was submitted to Council, made provision for extended
trading hours for on consumption to include all days of the week. Off
consumption was only extended to include extra trading hours, but not to allow
for 7 days per week trading. A public participation process was conducted
and ndicated the need for 7 day trading to be extended to also include off
consumption facilities.
As a result of above, a second draft was submitted to Council recommending
that the trading hours for off consumption be extended to include Sunday
trading. Council resolved that this proposal be put out for a second round of
public participation so that the members of public are afforded an opportunity
to submit their comments in the light of off consumption trading on Sundays.
During this public participation process, members of the public expressed their
dissent in extending off consumption to include Sundays.
Council finally resolved that off consumption trading will not be extended to
include Sundays. The By-law, however, does make provision for Sunday
trading by way of an extension clause in terms whereof an application to trade
on Sundays may be submitted.
55
MINUTES
3.
2015-11-25
DISCUSSION
The above mentioned Liquor Trading Hours By-Law was promulgated on
31 July 2015 in the Provincial Government Gazette No. 7460.
After promulgation, it became apparent that a great financial impact exists on
the owners of off consumption stores, Supermarkets with an “off sales”
department, wine-farms etcetera. It is further apparent that the impact of not
extending the trading to include Sundays, could result in a great financial
prejudice to off consumption owners.
The Extension clause, in terms whereof off consumption owners could apply
to trade on a Sunday, resulted in a huge administrative duty on the
Municipality which leads to operational and capacity constraints causing
various impracticalities.
Factors promoting the interest of justice must be taken into account, and
therefore this item serves to urge Council to repeal the by-law as promulgated.
A new by-law must be considered which will and be advertised as envisaged
by Section 12 of the Local Government: Municipal Systems Act, No. 32 of
2000.
The specific trading hours will be extended for off consumption as follows:Mondays – Saturdays from 08.00 to 20.00
Sundays from 09.00 to 16.00.
Attached herewith in support of this item, is the statement by the Portfolio
Councillor, Quintin Smit. APPENDIX 1.
The contents of the by-law as promulgated on 31 July 2015, will remain the
same except for:• off consumption trading hours to be extended as mentioned above;
and
• Extension clause to be applicable only for special events.
4.
LEGAL IMPLICATION
Legally compliant.
5.
Supported.
6.
COMMENTS FROM OTHER DEPARTMENTS
PLANNING AND ECONOMIC DEVELOPMENT
COMMUNITY AND PROTECTION SERVICES
7.
CONCLUSION
The draft By-law is submitted to Council for approval.
56
MINUTES
2015-11-25
RECOMMENDED
(a)
that Council approve the “Liquor Trading Hours By-law” as per APPENDIX 2.
(b)
that the Administration be mandated to advertise said “Liquor Trading Hours
By-law” for public comments for a period of 7 days, and proceed with the
necessary steps to finalise promulgation.
CORPORTE SERVICES TO ACTION)
35TH COUNCIL MEETING : 2015-10-28 : ITEM 8.8
During debate on this matter Councillor PW Biscombe requested that a workshop be
held with Councillors to be invited where the roles of Council and that of the Liquor
Board be clarified.
RESOLVED (majority vote with 10 abstentions)
(a)
that Council approve the “Liquor Trading Hours By-law” as per APPENDIX 2;
and
(b)
that the Administration be mandated to advertise said “Liquor Trading Hours
By-law” for public comments for a period of 7 days, and proceed with the
necessary steps to finalise promulgation.
FURTHER COMMENTS BY
CORPORATE SERVICES
THE
ACTING
DIRECTOR:
STRATEGIC
AND
The said “Liquor Trading Hours By-law” was advertised for public participation in the
Eikestad Nuus of 5 November 2015 and the Gazette of 03 November 2015. Attached
hereto as APPENDIX 3.
Comments were received, attached hereto as APPENDIX 4. All comments were
processed and incorporated in the said by-law, underlined for ease of reference and
attention of Council.
Summary of the comments effected:That room service be included for hotels and guesthouses, where applicable. This
was included in the definition and under paragraph 4(2).
That wineries be permitted to use their tasting facilities for purposes of selling wine on
a Sunday until 18.00 and not until 16.00. This request was incorporated under
paragraph 5(2).
57
MINUTES
2015-11-25
As a result of above, the Extension clause (paragraph 6) was amended to make
provision for special events, private functions and tourism facilities. It was further
included that Council will consider the applications.
It was also contended that owners of on consumption facilities not being burdened to
ensure that the premises are weapon free in terms of their patrons. This paragraph
was removed in totality as indicated in paragraph 7(3).
Paragraph 9 was also removed as authorised officials are obligated by various other
legislation to do routine checks regarding illegal sale of liquor.
“Liquor Trading Hours by-law” attached hereto as APPENDIX 2.
Councillor Biscombe requested that a workshop be held to set out the roles and
responsibilities, and various functions of the stakeholders to this By-law. Due to
capacity constraints and bearing in mind the time of year, the Western Cape Liquor
Authority could not schedule same for 2015, and it is recommended that it be
scheduled for early 2016.
Councillor Adams requested that a final answer be submitted to Council regarding the
license conditions of a licensee versus the new conditions imposed by the By-law.
Mrs. De Villiers raised the question in a discussion to Ms. Kim Bezuidenhout of the
Western Cape Liquor Authority, who confirmed the position that the By-law conditions
automatically prevails.
RECOMMENDED
(a)
that Council approve the “Liquor Trading Hours by-law” as per APPENDIX 2
with incorporation of the comments submitted by the public; and
(b)
that the Administration be mandated to proceed with the necessary steps to
finalise promulgation.
(a)
that Council approve the “Liquor Trading Hours By-law” as per APPENDIX 2
with incorporation of the comments submitted by the public; and
(b)
that the Administration be mandated to proceed with the necessary steps to
finalise promulgation.
58
MINUTES
8.2
2015-11-25
PRESIDENTIAL BACK TO BASICS PROGRAMME
File number
:
8/2/1
Compiled by
:
Senior Administrative Officer
Report by
:
Delegated Authority
:
Council
X
Safest valley
Dignified Living
X
Good Governance
______________________________________________________________________
1.
PURPOSE OF REPORT
The report provides the Presidential Back to Basics Programme reports to
Minister P Gordhan, Minister of Cooperative Governance and Traditional
Affairs (COGTA) as well as the Service Delivery Area Management Reports.
2.
BACKGROUND
President J Zuma and Minister P Gordhan introduced the Local Government
Back to Basics Programme at the Presidential Summit that was held on 18
September 2014.
The aim of the programme is to assess, and where necessary assist
municipalities, to provide basic services while improving public participation,
communication and economic development.
3
DISCUSSION
3.1
Back to Basics reports
As part of this programme, municipalities have to submit reports to COGTA,
that basic service delivery, public participation and communication can be
monitored for intervention if necessary.
See attached as APPENDIX 1 the August to November 2015 reports that
were submitted.
RECOMMENDED
that Council note the report on the Back to Basics Programme.
59
MINUTES
that Council note the report on the Back to Basics Programme.
2015-11-25
60
MINUTES
8.3
2015-11-25
COUNCIL TO CONSIDER AND APPROVE TIMETABLE FOR ACTING MAYOR
DURING RECESS 4 DECEMBER 2015 – 17 JANUARY 2016
File number
:
3/3/2/1
Report by
:
Executive Mayor
Compiled by
:
Office of the Executive Mayor
Delegated authority
:
Council
X
Safest valley
Dignified Living
X
Good Governance
____________________________________________________________________
1.
To inform Council about the timetable of designated councilor(s) to act as
Executive Mayor during the recess from 4 December 2015 until
17 January 2016.
2.
BACKGROUND
In terms of clause 35 of the System of Delegations the Executive Mayor is
delegated to designate a councilor to act as Executive Mayor in the
absence of both the Executive Mayor and Deputy Executive Mayor.
The councilor can act for a maximum period of two weeks.
3.
LEGISLATIVE FRAMEWORK
According to Section 56 of the Local Government: Municipal Structures Act,
no 117 of 1998 and Regulations:
(6) The deputy executive mayor of a municipality exercises the powers and
performs the duties of the executive mayor if the executive mayor is absent
or not available or if the office of the executive mayor is vacant.
(7) If the executive mayor is absent or not available and the municipality
does not have a deputy executive mayor, or the deputy executive mayor is
also absent or not available, the council must designate a councillor to act
as executive mayor.
4.
DISCUSSION
As the executive mayor and the executive deputy mayor will not be
available during the recess period the following councilors are proposed to
be the acting executive mayor during the recess:
61
MINUTES
RECESS WEEK
7 Dec – 13 Dec 2015
14 Dec – 20 Dec 2015
21 Dec – 27 Dec 2015
28 Dec 2015 – 3 Jan 2016
4 Jan 2016 – 10 Jan 2016
11 Jan 2016 – 17 Jan 2016
2015-11-25
ACTING MAYOR
Cllr DD Joubert
Cllr V Fernandez (Ms)
Cllr SJ Louw (Ms)
Cllr SJ Louw (Ms)
Cllr AR Frazenburg
Cllr JP Serdyn (Ms)
RECOMMENDED
(a)
that Council approve the timetable outlined above;
(b)
that the Councillors acting as Mayor must commit to being available for the
duration of the period stipulated; and
(c)
that Mayco, Acting Municipal Manager and Directors be informed who the
acting mayor will be for the periods as stipulated above.
(a)
that Council approve the timetable outlined above;
(b)
that the Councillors acting as Mayor must commit to being available for the
duration of the period stipulated;
(c)
that Mayco, Acting Municipal Manager and Directors be informed who the
acting mayor will be for the periods as stipulated above; and
(d)
that Cllr Q Smit replace Cllr S Louw (Ms) for the period 21 until
27 December 2015 on the timetable.
62
MINUTES
8.4
2015-11-25
ADJUSTMENTS BUDGET FOR 2015/2016
File number
:
8/1/Financial
Report by
:
Municipal Manager
Compiled by
:
Delegated Authority
:
Council
Safest valley
Dignified Living
Good Governance
X
______________________________________________________________
1.
PURPOSE OF REPORT
To table the adjustments budget for the 2015/2016 financial year to Council for
approval. The adjustments budget emanated from additional allocations from
the Provincial Treasury.
2.
LEGAL FRAMEWORK
Section 28 of the Municipal Finance Management Act states that:
“(1) The municipality may revise an approved annual budget through an
adjustments budget.
(2) An adjustments budget (b) may appropriate additional revenues that have become available over and
above those anticipated in the annual budget, but only to revise or accelerate
spending programmes already budgeted for.”
Regulation 23 (3) of the Municipal Budget and Reporting Regulations states
that:
“If a national or provincial adjustments budget allocates or transfers additional
revenues to a municipality, the mayor of a municipality must, at the next
available council meeting, but within 60 days of the approval of the relevant
national or provincial adjustments budget, table an adjustments budget
referred to in section 28 (2) (b) of the Act in the municipal council to
appropriate these additional revenues.”
3.
DISCUSSION
The Western Cape Government published a Provincial Gazette 7535 on
20 November 2015, in terms of section 30(3)(a) of the Division of Revenue
Act, 2015 (Act 1 of 2015) (2015 DoRA), which allocated additional funds to the
municipality.
63
MINUTES
2015-11-25
Summary of the Gazette is as follows:
4.
Grant
Amount
Purpose
Preparation Of A Human
Settlement Plan To Be Part
Of The Spatial
Development Framework
For Stellenbosch
Municipality
2015/16: R500 000;
To update the Human Settlement
Plan (HSP) as part of the Built
Environment Support Programme
(BESP) Component 1.
2016/17: R400 000
FINANCIAL IMPLICATIONS
A net increase of R500 000 from the Provincial Government.
RECOMMENDED
(a)
that the Adjustments Budget for 2015/2016 as set out in APPENDIX 2, be
approved; and
(b)
that the Service Delivery and Budget Implementation Plan be adjusted
accordingly inclusive of the non-financial information (performance
measurement).
Attachments
Appendix 1 - Budget documentation
Appendix 2 - Adjustments budget 15/16 (B-schedule)
Appendix 3 - Quality certificate
Councillor JA Davids raised his concern regarding the late distribution of additional
items by the Administration to Councillors. Speaker noted Councillor Davids’ concern.
RESOLVED (nem con)
(a)
that the Adjustments Budget for 2015/2016 as set out in APPENDIX 2, be
approved; and
(b)
that the Service Delivery and Budget Implementation Plan be adjusted
accordingly inclusive of the non-financial information (performance
measurement).
64
MINUTES
2015-11-25
9.
CONSIDERATION OF NOTICES OF QUESTIONS AND NOTICES OF MOTIONS
RECEIVED BY THE SPEAKER
9.1
QUESTION BY CLLR DA HENDRICKSE: REVISED STAFF ESTABLISHMENT
File number
:
3/4/1/4
Report by
:
Office of the Municipal Manager
Compiled by
:
Delegated Authority
:
Council
_____________________________________________________________________
A Notice of Question, in terms of Section 38(2) of the Rules of Order By-law regulating
the Code of Conduct of Council and Council Committee meetings, dated 2015-10-13,
was received from Councillor DA Hendrickse.
The said Question is attached as APPENDIX 1 and the appropriate response will be
distributed under separate cover as APPENDIX 2 in due course.
FOR CONSIDERATION
The Speaker RULED
that the response on the Question of Councillor DA Hendrickse be distributed to all
Councillors and also be included in the next Council Agenda scheduled for
November 2015.
Subsequent to the resolution depicted above, please find attached as APPENDIX 2 the
response on the Revised Staff Establishment.
RESOLVED (nem con)
that it be noted that Councillor DA Hendrickse was satisfied with the response provided
in respect of the question posed. He posed a follow-up question, namely:
65
MINUTES
2015-11-25
“If the legislation said that by 30th January 2015 a Staff Establishment had to serve
before Council, why isn’t the legislation adhered to?”
The Acting Municipal Manager responded that in 2012 the Municipality went through a
macro organizational change which also affected the micro organization. Departments
were moved from one directorate to another, departments were split when new
directorates were created and other departments were joined together. Budgets and
resources were moved. Legislation, however, was not applicable to any of the above.
66
MINUTES
9.2
QUESTION
BY
CLLR
DA
HENDRICKSE:
QUALIFICATIONS: SENIOR MANAGERS
MINIMUM
File number
:
3/4/1/4
Report by
:
Compiled by
:
2015-11-25
COMPETENCY
Delegated Authority
:
Council
_____________________________________________________________________
was received from Councillor F Adams.
The said Question is attached as APPENDIX 1 and the appropriate response will be
distributed under separate cover as APPENDIX 2 in due course.
FOR CONSIDERATION
(MUNICIPAL MANAGER TO ACTION)
The Speaker RULED
that the response on the Question of Councillor DA Hendrickse be distributed to all
Councillors and also be included in the next Council Agenda scheduled for
November 2015.
Subsequent to the resolution depicted above, please find attached as APPENDIX 2 the
response on the Minimum Competency Qualifications of Senior Managers.
RESOLVED (nem con)
that it be noted that in view of the fact that the Acting MM only responded with regard to
the 3 Senior Managers, Councillor DA Hendrickse was not satisfied with the response
provided and posed a follow-up question, namely:
67
MINUTES
2015-11-25
“What about the rest of the staff, because they are linked with minimum competency in
Supply Chain and in Finance?”
The Acting Municipal Manager responded that a detailed report with regard to Supply
Chain & Finance Officials will serve at the next Strategic and Corporate Services
Committee meeting.
68
MINUTES
9.3
2015-11-25
QUESTION BY CLLR DA HENDRICKSE: PROCEDURAL MOTIONS BROUGHT BY
DA COUNCILLORS
File number
:
3/4/1/4
Report by
:
Compiled by
:
Delegated Authority
:
Council
_____________________________________________________________________
was received from Councillor DA Hendrickse.
The said Question is attached as APPENDIX 1 and the appropriate response as
APPENDIX 2.
FOR CONSIDERATION
RESOLVED (nem con)
that it be noted that Councillor DA Hendrickse was satisfied with the response provided
in respect of the question posed, and posed a follow-up question, namely:
“What are the implications that my rights have been violated in this Council by the
Speaker and the DA by not adhering to the Rules of Order where Council resolutions
are taken in contradiction with the Rules of Order, as explained?”
The Speaker responded that he has statutory duties in the Council Chamber and if a
Councillor is not satisfied with his ruling and reasons thereof, such Councillor may take
the matter to Court.
69
MINUTES
9.4
2015-11-25
QUESTION BY CLLR DA HENDRICKSE: FAILURE OF THE ADMINISTRATION TO,
FOR THE PAST 4 YEARS, BRING REPORTS BEFORE COUNCIL IN TERMS OF
SECTION 116(2)(d) OF THE MFMA
File number
:
3/4/1/4
Report by
:
Compiled by
:
Delegated Authority
:
Council
_____________________________________________________________________
was received from Councillor F Adams.
The said Question is attached as APPENDIX 1 and the appropriate response as
APPENDIX 2.
FOR CONSIDERATION
RESOLVED (nem con)
that it be noted that Councillor DA Hendrickse was not satisfied with the response
provided in respect of the question posed, and posed a follow-up question, namely:
“Why did the Auditor-General not pick up that for four years no statutory report served
before Council.”
The Acting Municipal Manager responded that this will be rectified and a report will be
submitted to Council regularly.
70
MINUTES
9.5
2015-11-25
MOTION BY COUNCILLOR F ADAMS: DISPOSAL OF CERTAIN ASSETS
BENEFITING MAINLY WHITE PEOPLE, BECAUSE OF APARTHEID DECISIONS
File number
:
3/4/1/4
Report by
:
Office of the Speaker
Compiled by
:
Delegated Authority
: Council
_____________________________________________________________________
A Notice of a Motion, dated 2015-11-10 was received from Councillor
F Adams regarding the disposal of certain assets benefiting mainly white people,
because of apartheid decisions.
The said Motion is attached as APPENDIX 1.
FOR CONSIDERATION
The Speaker allowed Councillor F Adams to put his Motion, duly seconded. After the
Motion was motivated, the Speaker allowed debate on the matter.
The matter was put to the vote yielding a result of 13 votes for and 22 against.
that this Motion not be accepted.
71
MINUTES
9.6
2015-11-25
MOTION BY COUNCILLOR F ADAMS: ENQUIRY INTO THE DISCREPANCIES OF
ADMISSION TO MODEL C SCHOOLS BETWEEN LOCAL PUPILS AND THOSE
OUTSIDE OUR TOWN
File number
:
3/4/1/4
Report by
:
Compiled by
:
Delegated Authority
: Council
_____________________________________________________________________
F Adams regarding the enquiry into the discrepencies of admission to Model C schools
between local pupils and those outside our town.
FOR CONSIDERATION
The Speaker allowed Councillor F Adams to put his Motion, duly seconded. After the
72
MINUTES
9.7
2015-11-25
MOTION BY COUNCILLOR N NTSUNGUZI (MS): TRANSPORT PLAN FOR
FRANSCHHOEK RESIDENCE AND 24 HOUR SERVICES
File number
:
3/4/1/4
Report by
:
Compiled by
:
Delegated Authority
: Council
_____________________________________________________________________
N Ntsunguzi (Ms) regarding a transport plan for Franschhoek residents and 24 hour
services.
FOR CONSIDERATION
The Speaker allowed Councillor N Ntsunguzi (Ms) to put her Motion, duly seconded.
After the Motion was motivated, the Speaker allowed debate on the matter.
73
MINUTES
9.8
2015-11-25
MOTION BY COUNCILLOR N MANANGA-GUGUSHE (MS): APPOINTMENT OF
SERVICE PROVIDERS TO MAINTAIN AND CLEAN PUBLIC ABLUTION
FACILITIES IN KAYAMANDI AND LANGRUG
File number
:
3/4/1/4
Report by
:
Compiled by
:
Delegated Authority
: Council
_____________________________________________________________________
N Mananga-Gugushe (Ms) regarding the appointment of service providers to maintain
and clean public ablution facilities in Kayamandi and Langrug.
FOR CONSIDERATION
In view of the absence of the member, this Motion has lapsed in terms of Rule 18.1.3 of
the Rules of Order.
74
MINUTES
9.9
2015-11-25
MOTION BY COUNCILLOR JA DAVIDS: CLARITY ON THE TASK PROCESS AND
THE FINANCIAL ON THE TASK EVALUATION SYSTEM
File number
:
3/4/1/4
Report by
:
Compiled by
:
Delegated Authority
: Council
_____________________________________________________________________
JA Davids regarding clarity on the task process and the financial imlplication on the
Task Evaluation System.
FOR CONSIDERATION
The Speaker allowed Councillor JA Davids to put his Motion, duly seconded. After the
75
MINUTES
9.10
2015-11-25
MOTION BY COUNCILLOR C MOSES (MS): BLOCKING OF ELECTRICITY
File number
:
3/4/1/4
Report by
:
Compiled by
:
Delegated Authority
: Council
_____________________________________________________________________
A Notice of a Motion, dated 2015-11-11
C Moses (Ms) regarding the blocking of electricity.
was
received
from
Councillor
FOR CONSIDERATION
The Speaker allowed Councillor C Moses (Ms) to put her Motion, duly seconded. After
the Motion was motivated, the Speaker allowed debate on the matter.
RESOLVED (majority vote with 1 abstention)
76
MINUTES
9.11
2015-11-25
MOTION BY COUNCILLOR S JOOSTE (MS): REVIEW AND RESCIND COUNCIL
RESOLUTION ITEM 8.5 OF 30 APRIL 2015, 29TH MEETING OF THE COUNCIL OF
STELLENBOSCH MUNICIPALITY
File number
:
3/4/1/4
Report by
:
Compiled by
:
Delegated Authority
: Council
_____________________________________________________________________
S Jooste (Ms) regarding the Review and Rescission of Council Resolution item 8.5 of
30 April 2015, 29th meeting of the Council of Stellenbosch Municipality.
FOR CONSIDERATION
The Speaker allowed Councillor S Jooste (Ms) to put her Motion, duly seconded. After
77
MINUTES
9.12
MOTION BY COUNCILLOR RS NALUMANGO
TENDERS/REQUEST FOR FORMAL QUOTATIONS
File number
:
3/4/1/4
Report by
:
Compiled by
:
2015-11-25
(MS):
AWARDING
OF
Delegated Authority
: Council
_____________________________________________________________________
RS Nalumango (Ms) regarding the awarding of tenders/request for formal quotations.
FOR CONSIDERATION
The Speaker allowed Councillor RS Nalumango (Ms) to put her Motion, duly seconded.
(Councillor van der Walt was not present in the Chamber when voting on the matter).
78
MINUTES
9.13
2015-11-25
MOTION BY COUNCILLOR LN SIWAKAMISA (MS): WRITING-OFF OF INDIGENT
IRRECOVERABLE DEBT
File number
:
3/4/1/4
Report by
:
Compiled by
:
Delegated Authority
: Council
_____________________________________________________________________
LN Siwakamisa (Ms) regarding the writing-off of indigent irrecoverable debt.
FOR CONSIDERATION
The Speaker allowed Councillor LN Siwakamisa (Ms) to put her Motion, duly seconded.
79
MINUTES
9.14
2015-11-25
MOTION BY COUNCILLOR R DU TOIT (MS): ADJUSTMENT OF SASSA
BENEFICIARIES AND SENIOR CITIZENS’ RENT OF MUNICIPAL PROPERTY
File number
:
3/4/1/4
Report by
:
Compiled by
:
Delegated Authority
: Council
_____________________________________________________________________
R du Toit (Ms) regarding the adjustment of SASSA beneficiaries and senior citizens’
rent of municipal property.
FOR CONSIDERATION
The Speaker allowed Councillor R du Toit (Ms) to put her Motion, duly seconded. After
that the rent of SASSA beneficiaries and senior citizens be calculated on a sliding scale
according to their income.
80
MINUTES
2015-11-25
10.
CONSIDERATION OF MOTIONS OF EXIGENCY
10.1
CHANGING THE NAME OF THE PLANNING AND ECONOMIC DEVELOPMENT
COMMITTEE
Councillor AR Frazenburg provided a brief background on the urgency of the matter
relating to changing the name of the Planning and Economic Development Committee
in order to incorporate the Community Development component.
The matter was put to the vote yielding a result of all in favour.
RESOLVED (nem con)
that the name of the Planning and Economic Development Committee be changed to
Planning, Economic and Community Development Committee with effect from
2016-01-04.
(DIRECTOR: STRATEGIC AND CORPORATE
SERVICES TO ACTION)
81
MINUTES
2015-11-25
11.
MATTERS FOR INFORMATION
11.1
REPORT BY THE EXECUTIVE MAYOR ON DECISIONS TAKEN BY THE MAYORAL
COMMITTEE AND STANDING COMMITTEES FOR THE PERIOD OCTOBER 2015
(3/5/2/5)
Report by the Executive Mayor
In terms of Section 56(5) of the Municipal Structures Act, No 117 of 1998, the
Executive Mayor must report to the Municipal Council on all decisions taken by the
Mayoral Committee and Standing Committees.
The above-mentioned information is attached as APPENDIX 1.
FOR INFORMATION
RESOLVED (nem con)
that the report by the Executive Mayor on decisions taken by the Mayoral Committee
and Standing Committees for the period October 2015, be noted.
11.2
DECISIONS TAKEN IN TERMS OF DELEGATED AUTHORITY BY THE EXECUTIVE
MAYOR FOR THE PERIOD AUGUST 2015
NONE
82
MINUTES
12.
2015-11-25
OTHER URGENT MATTERS SUBMITTED BY THE MUNICIPAL MANAGER
NONE
13.1
CONSIDERATION OF REPORTS SUBMITTED BY THE SPEAKER
13.1.1
INVESTIGATION INTO ALLEGATION OF BREACH OF THE CODE OF CONDUCT
FOR COUNCILLORS: COUNCILLOR F ADAMS
File number
:
3/6/4
Compiled by
:
Admin Officer: Office of the Speaker
Report by
:
Speaker
Delegated Authority
:
Council
Safest valley
Dignified Living
X
Good Governance
_____________________________________________________________________
1.
PURPOSE OF REPORT
To report to Council on the outcome of an investigation done by an external
investigator, Ald A Coetsee from SALGA on allegations received against Clr F
Adams.
2.
BACKGROUND
At the Council meeting held on 25 February 2015 the Speaker requested Clr
Adams to leave the Council Chambers according to item 27.1 and 2 of the
Stellenbosch Municipality Rules of Order By-Law which states that:
“27.
IRRELEVANCE,
TEDIOUS
REPETITION,
UNBECOMING
LANGUAGE OR BEHAVIOR AND BREACH OF ORDER
27.1
The Speaker must call the attention of the member to irrelevant,
tedious repetition, unbecoming language or behaviour or any breach of
order on the part of a member, and shall direct such member, if
speaking, to discontinue his/her speech until the member has come to
order. Such direction shall be regarded as a warning. Upon 2 warnings,
of which the second warning will be final, during the deliberations of the
Council meeting, the provisions of rule 28 shall apply and the Speaker
may decide to take disciplinary action against such member in terms of
the Code of Conduct for Councilors.
83
MINUTES
27.2
2015-11-25
The Speaker shall direct a member to apologise or withdraw an
allegation if it is unbecoming or injures or impairs the dignity or honour
of a member or officer of the Council.”
Councilor Adams refused to leave the Council Chambers and the
Speaker relied on item 28.1 of the Stellenbosch Municipality Rules of
Order By-Law to remove Clr Adams from the Council Chambers. Item
28.1 state that:
“28.
REMOVAL OR EXCLUSION OF COUNCILLOR
28.1
If a member refuses to comply with a direction in terms of rule 27, the
Speaker may direct an officer to remove the member or to cause his/
her removal and to take steps to prevent his / her return to the meeting,
provided that the Speaker may, in his / her sole and absolute
discretion, permit the return of the member to the meeting on the
submission by the said member to the Speaker of a written expression
of regret, such expression of regret must be part of the minutes of the
meeting.”
On 04 March 2015 the Speaker wrote to Clr Adams to inform him of the
alleged breach. The letter was hand delivered by Law Enforcement officers
but Clr Adams refuses to accept it. The Law Enforcement officers made a
statement and affidavit to the refusal of acceptance by Clr Adams.
On 12 March 2015 the same letter were send to Clr Adams by registered post
but the addressee never collect the registered letter and it was returned. All
the above documents are attached as APPENDIX 1.
3.
DISCUSSION
Section 13 of the Code of Conduct for Councilors prescribes that:
“13.
Duty of chairpersons of municipal councils
(1)
If the chairperson of a municipal council, on reasonable suspicion, is of
the opinion that a provision of this Code has been breached, the
chairperson must-(a) authorise an investigation of the facts and
circumstances of the alleged breach;
(b)
give the councilor a reasonable opportunity to reply in writing regarding
the alleged breach; and
(c)
report the matter to a meeting of the municipal council after
paragraphs (a) and (b) have been complied with.
(2)
A report in terms of subitem (1) (c) is open to the public.”
An investigation into the facts and circumstances of the alleged breach was
done by Ald A Coetsee. The legal opinion is attached hereto as APPENDIX 2
and he advise that the matter be referred to a disciplinary committee to be
dealt with.
84
MINUTES
2015-11-25
RECOMMENDED
(a) that Council take note of the advice from Ald A Coetsee: and
(b) that this matter be referred to the Disciplinary Committee to be dealt with.
(OFFICE OF THE SPEAKER TO ACTION)
36TH COUNCIL MEETING: 2015-11-28: ITEM 13.1.1
Before debate on the matter, the Speaker requested Councillor F Adams to recuse
himself for the duration of the matter, as he is implicated in the matter. Councillor
F Adams then left the Chamber during discussion on the matter.
The Senior Legal Advisor, Ms Elizabeth Williams raised her concern that the item was
not distributed to her for legal input. The Speaker responded that, according to
legislation, the issue of disciplinary hearings resort under him. When a matter is
brought to his attention he must consider whether or not there is reasonable suspicion
to proceed with an investigation.
(a)
that Council take note of the advice from Ald A Coetsee: and
(b)
that this matter be referred to the Disciplinary Committee to be dealt with.
Councillors JA Davids; DA Hendrickse; S Jooste (Ms); C Moses (Ms);
85
MINUTES
13.1.2
2015-11-25
INVESTIGATION INTO ALEGATION OF BREACH OF THE CODE OF CONDUCT
FOR COUNCILLORS: COUNCILLOR DD JOUBERT
File number
:
3/6/4
Compiled by
:
Report by
:
Speaker
Delegated Authority
:
Council
Safest valley
Dignified Living
X
Good Governance
_____________________________________________________________________
1.
PURPOSE OF REPORT
investigator, Ald A Coetsee from SALGA on allegations received against Clr
DD Joubert.
2.
BACKGROUND
The Speaker received a memorandum with appendices dated 13 May 2015
from the Municipal Manager in which she alleged that Clr DD Joubert interfere
in the supply chain processes APPENDIX 1. On th 25th of May 2015 the
Speaker wrote to Clr Joubert, informing him of the alleged breach and also
afforded him the opportunity to reply on the alleged breach to which the
Councillor replied per email on 01 June 2015 APPENDIX 2.
It is alleged that the Councillor contravened Item 11 of the Code of Conduct
for Councillor as well as Item 118 of the Municipal Finance Management Act,
No 56 of 2003 which state that:
“11. Intervention in administration
A councillor may not, except as provided by law(a)
interfere in the management or administration of any department of
the municipal council unless mandated by council;
(b)
give or purport to give any instruction to any employee of the council
except when authorised to do so;
(c)
obstruct or attempt to obstruct the implementation of any decision of
the council or a committee by an employee of the council; or
86
MINUTES
(d)
2015-11-25
encourage or participate in any conduct which would cause or
contribute to maladministration in the council”.
“Interference
118. No person may—
3.
(a)
interfere with the supply chain management system of a
municipality or municipal entity; or
(b)
amend or tamper with any tenders, quotations, contracts or bids
after their submission.”
DISCUSSION
Section 13 of the Code of Conduct for Councillors prescribes that:
“13. Duty of chairpersons of municipal councils
(1)
(2)
If the chairperson of a municipal council, on reasonable
suspicion, is of the opinion that a provision of this Code has
been breached, the chairperson must(a)
authorise an investigation of the
circumstances of the alleged breach;
facts
and
(b)
give the councilor a reasonable opportunity to reply in
writing regarding the alleged breach; and
(c)
report the matter to a meeting of the municipal council
after paragraphs (a) and (b) have been complied with.
done by Mr. Coetsee. The legal opinion is attached hereto as APPENDIX 3
and he advise that the matter be referred to a disciplinary committee to hear
evidence and to afford Clr Joubert an opportunity to prove his innocence.
RECOMMENDED
(a)
that Council take note of the advice from Mr. Coetsee; and
(b)
Before debate on the matter, the Speaker requested Councillor DD Joubert to recuse
himself for the duration of the matter, as he is implicated in the matter. Councillor
DD Joubert then left the Chamber during discussion on the matter.
87
MINUTES
2015-11-25
(a)
that Council take note of the advice from Mr. Coetsee; and
(b)
88
MINUTES
13.1.3
2015-11-25
INVESTIGATION INTO ALEGATION OF BREACH OF THE CODE OF CONDUCT
FOR COUNCILLORS: COUNCILLORS A VAN DER WALT AND N JINDELA
File number
:
3/6/4
Compiled by
:
Report by
:
Speaker
Delegated Authority
:
Council
Safest valley
Dignified Living
X
Good Governance
_____________________________________________________________________
1.
PURPOSE OF REPORT
investigator, Ald A Coetsee from SALGA on allegations received against
Cllr Van Der Walt and Cllr Jindela.
2.
BACKGROUND
At the Special Council meeting held on 29 January 2014 an altercation
occurred between Councillors Van Der Walt and Jindela which led to this
investigation. Correspondence between the Speaker and the councillors are
annex hereto as APPENDIX 1. The law firm MacRobert Attorneys did an
investigation into the facts of the alleged breach and their report marked as
APPENDIX 2 is attached hereto.
It is alleged that the Councillors contravened Item 2 of the Code of Conduct for
Councilors which state that:
“2. General conduct of councillors
A councillor must-
3.
(a)
perform the functions of office in good faith, honestly and a
transparent manner; and
(b)
at all times act in the best interest of the municipality and in such
a way that the credibility and integrity of the municipality are not
compromised.”
DISCUSSION
Section 13 of the Code of Conduct for Councillors prescribe that:
89
MINUTES
2015-11-25
(1)
If the chairperson of a municipal council, on reasonable
suspicion, is of the opinion that a provision of this Code has
been breached, the chairperson must-(a) authorise an
investigation of the facts and circumstances of the alleged
breach;
(b)
give the councilor a reasonable opportunity to reply in writing
regarding the alleged breach; and
(c)
(2)
done by Mr. A Coetsee. The legal opinion is attached hereto as APPENDIX 3
and he advise that no further disciplinary steps should proceed against
Councilors Van Der Walt and Jindela.
RECOMMENDED
(a)
that Council note of the advice from Alderman Coetsee;
(b)
that no further disciplinary action be taken against Cllr Van Der Walt;and
(c)
that no further disciplinary action be taken against Cllr Jindela
Before debate on the matter, the Speaker requested Councillors N Jindela and
AT van der Walt to recuse themselves for the duration of the matter, as they are
implicated in the matter. Councillors N Jindela and AT van der Walt then left the
Chamber during discussion on the matter.
(a)
that Council note of the advice from Alderman Coetsee;
(b)
that no further disciplinary action be taken against Councillor Van Der Walt;
and
(c)
that no further disciplinary action be taken against Councillor Jindela.
RS Nalumango (Ms); MM Ngcofe; N Ntsunguzi (Ms); L Ronoti; P Sitshoti (Ms) and
LN Siwakamisa (Ms).
90
MINUTES
13.1.4
2015-11-25
INVESTIGATION INTO ALLEGATION OF BREACH OF THE CODE OF CONDUCT
FOR COUNCILLORS: COUNCILLOR DA HENDRICKSE
File number
:
3/6/4
Compiled by
:
Report by
:
Speaker
Delegated Authority
:
Council
Safest valley
Dignified Living
Good Governance
X
_____________________________________________________________________
1.
PURPOSE OF REPORT
To report and seek Council’s approval, that a previous investigation against
Cllr DA Hendrickse be re-opened.
2.
BACKGROUND
A disciplinary hearing against Councillor DA Hendrickse was held on
3 August 2015 and 14 September 2015 where a finding of not guilty on a
technicality but not on the merit of the case were impose.
On 22 October 2015 the Speaker wrote to Councillor Hendrickse informing
him of the alleged breach APPENDIX 1. On 27 October 2015 Councillor
Hendrickse responded per email on the alleged breach APPENDIX 2, send to
different persons but the Councillor never address or make no reference to the
alleged breach.
The allegations against Councillor DA Hendrickse is that he breached the
Code of Conduct for Councillors, Section 3 in that he failed to attend the
Community and Protection Services Committee meetings of which he is a
member.
Section 3 of the Code of Conduct for Councillors state that:
“3. Attendance at meetings.
A councillor must attend each meeting of the municipal council and of a
committee of which that councillor is a member, except when
(a)
leave of absence is granted in terms of an applicable law or as
determined by the rules and orders of the council; or
91
MINUTES
(b)
2015-11-25
that councillor is required in terms of this Code to withdraw from the
meeting.”
Attached hereto, as APPENDIX 3, is the attendance registers for the
Community and Protection Services committee.
3.
DISCUSSION
Section 13 Of the Code of Conduct for Councillors prescribe that:
(1)
If the chairperson of a municipal council, on reasonable suspicion,
is of the opinion that a provision of this Code has been breached,
the chairperson must(a)
authorise an investigation of the facts and circumstances of
the alleged breach;
(b)
give the councillor a reasonable opportunity to reply in
writing regarding the alleged breach; and
(c) report the matter to a meeting of the municipal council after
(2)
done by Mr A Coetsee from SALGA. The legal opinion is attached hereto as
APPENDIX 4 and he advise that if Clr Hendrickse did not resign or was
remove by Council from said committee, further disciplinary steps should be
taken against the Councilor.
Further to the above it is advisable that the Disciplinary Committee who
handled the previous hearing (03-08-15 & 14-09-15) be replace by a new
committee, approved by Council, to preside over this hearing.
Section14 of the Code of Conduct prescribe that:
‘’14. Breaches of Code.
(1)
A municipal council may
(a)
investigate and make a finding on any alleged breach of a
provision of this Code; or
(b)
establish a special committee:
(i)
to investigate and make a finding on any alleged breach of
this Code; and
(ii)
to make appropriate recommendations to the council.”
Section 4 of the Code of Conduct state that:
92
MINUTES
2015-11-25
“4. Sanctions for non-attendance of meetings
(1)
A municipal council may impose a fine as determined by the standing
rules and orders of the municipal council on a councillor for:
(a)
not attending a meeting which that councillor is required to attend
in terms of item 3; or
(b)
failing to remain in attendance at such a meeting.
(2)
A councillor who is absent from three or more consecutive meetings of a
municipal council, or from three or more consecutive meetings of a
committee, which that councillor is required to attend in terms of item 3,
must be removed from office as a councillor.
(3)
Proceedings for the imposition of a fine or the removal of a councillor
must be conducted in accordance with a uniform standing procedure
which each municipal council must adopt for the purposes of this item.
The uniform standing procedure must comply with the rules of natural
justice.”
RECOMMENDED
(a)
that Council elect a new Disciplinary Committee to preside over this hearing;
(b)
that after the new Disciplinary Committee report their finding to Council, said
Committee be dissolved;
(c)
that Council approve that the Disciplinary Committee investigate and make a
finding if the Code of Conduct was breached; and
(d)
that the Disciplinary Committee report back to Council on the outcome of the
investigation and the finding.
Before debate on the matter, the Speaker requested Councillor DA Hendrickse to
recuse himself for the duration of the matter, as he is implicated in the matter.
Councillor DA Hendrickse then left the Chamber during discussion on the matter.
(a)
that Council elect a new Disciplinary Committee to preside over this hearing;
(b)
that after the new Disciplinary Committee report their finding to Council, said
Committee be dissolved;
(c)
that Council approve that the Disciplinary Committee investigate and make a
finding if the Code of Conduct was breached; and
93
MINUTES
(d)
2015-11-25
that the Disciplinary Committee report back to Council on the outcome of the
investigation and the finding.
Councillors F Adams; JA Davids; S Jooste (Ms); C Moses (Ms); RS Nalumango (Ms);
MM Ngcofe; N Ntsunguzi (Ms); L Ronoti; P Sitshoti (Ms); LN Siwakamisa (Ms) and
AT van der Walt.
94
MINUTES
2015-11-25
13.2
CONSIDERATION OF REPORTS SUBMITTED BY THE EXECUTIVE MAYOR
13.2.1
RECONSTITUTION OF DISCIPLINARY COMMITTEE
DISCIPLINARY HEARING OF COUNCILLOR CP JOOSTE
IN
RELATION
File number
:
Unfiled
Report by
:
Executive Mayor
Compiled by
:
Senior Legal Advisor - E Williams
Delegated authority
:
Council
TO
Safest valley
Dignified Living
X
Good Governance
____________________________________________________________________
1.
To recommend to Council to reconstitute the Section 79 Disciplinary
Committee for the hearing of Cllr Jooste ("Speaker" or "Cllr Jooste").
2.
BACKGROUND
In terms of Clause 36 of the System of Delegation the Executive Mayor is
delegated to perform the functions and exercise the powers of the Speaker
in terms of the Code of Conduct ("the Code") where the Speaker is allegedly
in breach of the Code.
During 2014 the Executive Mayor received allegations that the Speaker had
breached the Code in various respects.
Following receipt of various reports compiled in terms of Item 13(1)(a) of
Schedule 1, Local Government: Municipal Systems Act No 23 of 2000, the
matter was referred to Council. The Council resolved that the disciplinary
hearing should proceed and elected a Disciplinary Committee to deal with
the disciplinary hearing of the Speaker.
3.
LEGAL FRAMEWORK
Local Government: Municipal Structures Act, No. 117 of 1998
"56 Functions and powers of executive mayors
(3) The executive mayor in performing the duties of office must(f) perform such duties and exercise such powers as the council may
delegate to the executive mayor in terms of section 59 of the Local
Government.
(5) An executive mayor must report to the municipal council on all decisions
taken by the executive mayor."
95
MINUTES
2015-11-25
Local Government: Municipal Systems Act, No. 32 of 2000
"Code of Conduct for councillors
54. The Code of Conduct contained in Schedule 1 applies to every member
of a municipal council." (Emphasis added)
"Delegations
Section 59 of the Municipal Systems Act provides
(1) A municipal council must develop a system of delegation that will
maximise administrative and operational efficiency and provide for
adequate checks and balances, and, in accordance with that system,
may(a) delegate appropriate powers, excluding a power mentioned in section
160 (2) of the Constitution and the power to set tariffs, to decide to enter
into a service delivery agreement in terms of section 76 (b) and to
approve or amend the municipality's integrated development plan, to any
of the municipality's other political structures, political office bearers,
councillors, or staff members;
(b) instruct any such political structure, political office bearer, councillor, or
staff member to perform any of the municipality's duties; and
(c) withdraw any delegation or instruction.
(2) A delegation or instruction in terms of subsection (1)(a) must not conflict with the Constitution, this Act or the Municipal
Structures Act;
(b) must be in writing;
(c) is subject to any limitations, conditions and directions the municipal
council may impose;
(d) may include the power to sub-delegate a delegated power;
(e) does not divest the council of the responsibility concerning the exercise
of the power or the performance of the duty; and
(f) must be reviewed when a new council is elected or, if it is a district
council, elected and appointed.
(3) The municipal council(a) in accordance with procedures in its rules and orders, may, or at the
request in writing of at least one quarter of the councillors, must,
review any decision taken by such a political structure, political
office bearer, councillor or staff member in consequence of a
delegation or instruction, and either confirm, vary or revoke the
decision subject to any rights that may have accrued to a person;
and
(b) may require its executive committee or executive mayor to review
any decision taken by such a political structure, political office
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2015-11-25
bearer, councillor or staff member in consequence of a delegation or
instruction.
(4) Any delegation or sub-delegation to a staff member of a power conferred
on a municipal manager must be approved by the municipal council in
accordance with the system of delegation referred to in subsection (1)."
"Schedule 1
"Duty of chairpersons of municipal councils
13. (1) if the chairperson of a municipal council, on reasonable suspicion, is
of the opinion that a provision of this Code has been breached, the
chairperson must—
(a)
authorise an investigation of the facts and circumstances of the
alleged breach;
(b)
give the councillor a reasonable opportunity to reply in writing
regarding the alleged breach; and
(c)
(2) A report in terms of sub item (1) (c) is open to the public.
(3) The chairperson must report the outcome of the investigation to the
MEC for local government in the province concerned.
(4) The chairperson must ensure that each councillor when taking office is
given a copy of this Code and that a copy of the Code is available in
every room or place where the council meets."
"Breaches of Code
14. (1) A municipal council may—
(a) investigate and make a finding on any alleged breach of a
provision of this Code; or
(b) establish a special committee(i)
to investigate and make a finding on any alleged breach of this
Code; and
(ii) to make appropriate recommendations to the council.
(2)
If the council or a special committee finds that a councillor has
breached a provision of this Code, the council may—
(a) issue a formal warning to the councillor:
(b) reprimand the councillor;
(c) request the MEC for local government in the province to suspend
the councillor for a period;
(d) fine the councillor; and
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(e) request the MEC to remove the councillor from office.
(3)(a) Any councillor who has been warned, reprimanded or fined in terms
of paragraph (a), (b) or (d) of sub item (2) may within 14 days of
having been notified of the decision of council appeal to the MEC for
local government in writing setting out the reasons on which the
appeal is based.
(b) A copy of the appeal must be provided to the council.
(c) The council may within 14 days of receipt of the appeal referred to in
paragraph (b) make any representation pertaining to the appeal to the
MEC for local government in writing.
(d) The MEC for local government may, after having considered the
appeal, confirm, set aside or vary the decision of the council and
inform the councillor and the council of 25 the outcome of the appeal.
(4)
The MEC for local government may appoint a person or a committee
to investigate any alleged breach of a provision of this Code and to
make a recommendation as to the appropriate sanction in terms of
sub item (2) if a municipal council does not conduct an investigation
contemplated in sub item (1) and the MEC for local government
considers it necessary.
(5)
The Commissions Act, 1947 (Act 8 of 1947), or, where appropriate,
applicable provincial legislation, may be applied to an investigation in
terms of sub item (4).
(6)
If the MEC is of the opinion that the councillor has breached a
provision of this Code, and that such contravention warrants a
suspension or removal from office the MEC may—
(7)
(a)
suspend the councillor for a period and on conditions
determined by the MEC; or
(b)
remove the councillor from office.
Any investigation in terms of this item must be in accordance with the
rules of natural justice."
System of Delegations, Municipality of Stellenbosch
10. General
(9) To perform the functions and exercise the delegations of the Speaker in
terms of the Code of Conduct for Councillors where the Speaker is
allegedly in breach of the said Code."
1
1
2
Act No 117 of 1998.
Emphasis added.
Section 37(e) of the Structures Act,1 provides that the Speaker must
ensure compliance "in the council and council committees with the
Code of Conduct".2
"this means that the speaker must have a system of
communication with the chairpersons of all council committees
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including… ad hoc committees relating to Code of Conduct
issues" (emphasis added).
2
Section 79 of The Local Government: Municipal Structures Act provides
the following –
"79 Establishment
(1) A municipal council may –
(a) establish one or more committees necessary for the effective and
efficient performance of any of its functions or the exercise of any of its
powers;
(b) appoint the members of such committee from among its members; and
(c) dissolve a committee at any time.
(2) The municipal council –
(a) must determine the functions of a committee;
(b) may delegate duties and powers to it in terms of section 32;
(c) must appoint the chairperson;
(d) may authorise a committee to co-opt advisory members who are not
members of the council within the limits determined by the council;
(e) may remove a member of a committee at any time; and
(f) may determine a committee's procedure." 3
4.
DISCUSSION
During the hearing preparation conducted by Advocate Hanri Loots it came
to light that the allegations against the Speaker were discussed in
Democratic Alliance (DA) Caucus meetings held in 2013. It further came to
light that any councillors present at such caucus meetings may potentially be
witnesses in the Speaker's disciplinary hearing. Any disciplinary committee
members that were present at the above caucus meetings would thus not be
able to serve as both witness and adjudicating committee member on the
disciplinary committee.
It also came to light that a councillor may have indicated a pre-conceived
view as to the merits of the allegations against Cllr Jooste to one of the
witnesses to the proceedings, following the first sitting of the disciplinary
committee.
Cliffe Dekker Hofmeyr Inc. ("CDH") advised that to avoid the possibility of
rendering the disciplinary proceedings of the Speaker subject to judicial
review, the disciplinary committee should be reconstituted. (Refer to
Annexure A: Correspondence CDH dated 26 October 2015).
The Council may be exposed to ensuing legal action if the current DA
councillors who were elected to serve on the disciplinary committee continue
3
Section 79(1) of Act No 117 of 1998.
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to serve on the committee, to the extent that the composition of the
committee would fall foul of a procedural challenge.
At the commencement of the hearing on 10 November 2015, the
abovementioned was placed on record by Counsel in order to mitigate the
risk of the matter being taken on review by any party with the requisite
standing. The relevant DA councillors then decided to mero motu recuse
themselves.
5.
COMMENTS BY LEGAL SERVICES
Mention must be made that though the correspondence of CDH makes
reference to specific councillors, the same will apply for any councillor
present at the relevant DA Caucus meetings. I am of the opinion that it will
be in the best interest of Council to ensure that it is not exposed to possible
legal action, by replacing the current DA members serving on the disciplinary
committee who were present at the relevant DA Caucus meetings, with
councillors who were not present at the said meetings.
RECOMMENDED
(a)
that the current DA Councillors serving on the Disciplinary Committee be
replaced with Councillors who were not part of the DA Caucus meetings of
2013;
(b)
that the remaining Disciplinary Committee members, as elected by the
Council, continue to serve on the Disciplinary Committee;and
(c)
that the legal firm Yvette Cloete Attorneys continue to advise the Disciplinary
Committee as per the initial appointment up and until finalization of the
matter.
Because the Speaker is implicated in the matter, he requested nominations for an
Acting Speaker for the duration of this item. Councillor Q Smit was elected as Acting
Speaker. Councillor CP Jooste recused himself and left the Chamber and Councillor
Q Smit took the Chair as Acting Speaker.
The Acting Speaker RULED that, after an amendment is put on the screen, he will
allow debate. At this juncture, Councillors Hendrickse and van der Walt both raised a
point of order with reference to the procedure that an amendment can only be put after
a matter has been discussed and/or debated. Councillor F Davids requested a point of
clarity on whether debate on a matter should not in fact precede the amendment. The
Acting Speaker upheld his earlier ruling that he will allow debate only after the
amendment is displayed on the screen. Councillor AT van der Walt did not submit to
the Acting Speaker’s ruling, and was ordered by the Acting Speaker to leave the
Chamber at 21.45. Councillors F Adams and DA Hendrickse also left the Chamber at
21.45.
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2015-11-25
The ANC requested a caucus, which the Acting Speaker allowed.
When the meeting resumed, the ANC reported that they will also leave the Chamber.
The ANC left the Chamber at 21:55). The ANC’s objection relates to procedural
aspects of electing the Acting Speaker.
that Council do not support the recommendations depicted above, but request the MEC
for Local Government to do an investigation in terms of Section 14.4 of the Code of
Conduct for Councillors.
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14.
MATTERS TO BE CONSIDERED IN-COMMITTEE
SEE PINK DOCUMENTATION
Meeting adjourned at 22:45.
CONFIRMED
CHAIRPERSON ……………………………………..
(Signature & date)
MINUTES:36TH COUNCIL.2015-11-25/TS
2015-11-25

minutes 36 council meeting of stellenbosch municipality 2015-11-25

Transcription

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