ADJUSTMENT BUDGET 2011/2012 FINANCIAL YEAR

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                                                 DATE : 26 JANUARY 2012

 RES.          HEADING                                    RESOLUTION                                         RESPONSIBLE
NUMBER                                                                                                       DIRECTORATE

A.001/12   APPLICATION FOR     1.   That Erf 804, Hlalanikahle Extension 3 be deregistered from Mr.             DDP
           DEREGISTRATION           Kgotso and be registered into the name of Jabulani William Phetla
           OF    ERF    804,        subject to the following conditions:
           HLALANIKAHLE                      1.1      that the property is deregistered from Mr. Kgotso;
                                             1.2      that the property is registered into the name of the
                                                      current occupier (Jabulani William Phetla);
                                             1.3      that the Department of Finance request the
                                                      relevant attorneys to lift the judgment taken
                                                      against Mr. Kgotso and proceed to recoup all
                                                      outstanding monies on the account of Erf 804,
                                                      Hlalanikahle Extension 3 from J.W. Phethla;
                                             1.4      that the account be transferred into the name of
                                                      Jabulani William Phetla as the current inhabitant
                                                      and consumer of municipal services;
                                             1.5      that all cost related to the deregistration and
                                                      registration of Erf 804, Hlalanikahle Extension 3
                                                      as well as any cost relating to reinstatement of all
                                                      municipal services will be for the account of the
                                                      current occupier, namely Mr. JW Phetla;
                                             1.6      that it be noted that service can be made available
                                                      to the property of which the cost will be for the
                                                      account of the property occupier;
                                             1.7      that the provision of any internal services and all
                                                      services connection fees will be for the account of
                                                      the lessee;
                                             1.8      that the Directorate Finance proceed with Legal
                                                      actions against Mr. Phetla, and in the event that
                                                      the account and transfer costs are not paid by Mr.
                                                      Phetla within 6 months from date of notification,
                                                      the property be taken back by Council and be sold
                                                                               2

 RES.          HEADING                                    RESOLUTION                                           RESPONSIBLE
NUMBER                                                                                                         DIRECTORATE

                                                      by means of a public bid process; and
                              2.   that in future all similar cases be dealt with as resolved in 1 above.
A.002/12   APPLICATION  TO    1.   That Council obtains bid proposals by means of a public bid                    DDP
           LEASE THE KIOSK         process for the lease of the Kiosk situated at the eMalahleni
           AT    EMALAHLENI        Resort, in terms of Section 14 of the Municipal Finance
           RESORT                  Management Act, Act 56 of 2003, read in conjunction with Clause
                                   3.2.1.1(b) of the Disposal and Acquisition of Immovable Property
                                   Policy of the Council (2008), subject to the following conditions:
                                   1.1      that the Chief Financial Officer determines a reserve
                                            market related rental for the property or appoints a
                                            registered valuator to determine such fair market rental
                                            value;
                                   1.2       that the lease be for a period of 9 years and eleven
                                             months;
                                   1.3       that a 6-month cancellation clause be included in the
                                             lease agreement;
                                   1.4       that the lease amount be subject to an annual escalation
                                             equal to the CPIX rate;
                                   1.5       that the lessee will be responsible for the installation of all
                                             internal municipal services, and connections of which all
                                             cost will be for their account;
                                   1.6       that the lessee will be responsible for the services account
                                             of the property and if necessary, for the provision of
                                             separate water and electricity meters;
                                   1.7       that no alterations to the building be allowed prior to
                                             obtaining written approval of Council, and suc approved
                                             alteration will then be subject to the approval of building
                                             plans to be submitted to the Council;
                                   1.8       that all improvements to the property will become the
                                             property of the Council upon expiry of the lease
                                             agreement, and it must be noted that the Council will not
                                             be oblige to compensate the Lessee for such
                                             improvements;
                                   1.9       that the lessee accepts the responsibility for the
                                             maintenance of the leased property as well as it's
                                                                              3

 RES.          HEADING                                     RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                                       DIRECTORATE

                                             immediate environment; and
                               2.   that the non-selling of alcohol at the kiosk must be included in the
                                    advert when advertised.
A.003/12   PURCHASE OF ERF     1.   That Messrs Makobe & Associates acting on behalf of Mr. V.S                 DDP
           1659, TASBET PARK        Motsweni be informed that Council does not accept the amount of
           EXTENSION 3              R94 000-00 as full purchase price to effect transfer of Erf 1659,
                                    Tasbetpark Extension 3 into the name of Mr. V.S Motsweni, and
                                    therefore effectively also doesn’t approve the re-instatement of the
                                    Deed of Sale cancelled due to breach during 1998; and
                               2.   that the applicant noted that the property is available for sale at an
                                    amount of R166 212-00 (including VAT) and that Mr. V.S. Mtsweni
                                    will be given first option to purchase the property at the said
                                    amount.
A.004/12   APPLICATION FOR     1.   That the application received from Dark Fibre Africa for a wayleave         DDP
           WAYLEAVE    FOR          for the installation of an optic fibre network in eMalahleni as
           THE INSTALLATION         indicated in the maps submitted with the report, in terms with the
           OF OPTIC FIBRE           provisions of Section 1.3.4 of the Disposal and Acquisition of
           NETWORK        IN        Immovable Properties Policy of the Council, 2008, be approved
           EMALAHLENI               subject to the following conditions:
                                    1.1      that the Chief Financial Officer appoints a registered
                                             valuator to determine the value of the rights being
                                             obtained;
                                    1.2      that a refundable deposit of R500 000-00 be paid for
                                             engineering services and that a further R1 000 000-00 by
                                             means of a guarantee be submitted to Council before
                                             commencement of the project to cover possible costs
                                             related to the municipal services;
                                    1.3      that the applicant takes responsibility to co-ordinate with
                                             non-Municipal Service Providers e.g. Telkom with regard
                                             to the position of their services and any deposit required
                                             by them to cover damages caused during the operations,
                                             and that a copy of a letter of consent from the affected
                                             non-Municipal Service Providers be forwarded to Council
                                             before commencement;
                                    1.4      that Council is indemnified from any damages and claims
                                                                                  4

 RES.          HEADING                                         RESOLUTION                                         RESPONSIBLE
NUMBER                                                                                                            DIRECTORATE

                                                 that may arise during the course of the project;
                                       1.5       that in the event the applicant damages services that
                                                 belong to the non-Municipal Service Providers takes
                                                 responsibility for repairs and reinstatement of such
                                                 services in accordance to their standards;
                                        1.6      that the restoration of services must be done within a
                                                 period of 24 hours after the construction period;
                                        1.7      that the applicant provides Council with Public/Personal
                                                 Liability insurance of not less than R1,000,000.00 which
                                                 must include surrounding areas/properties and proof of
                                                 such insurance be submitted to the Acting Chief Financial
                                                 Officer before commencement of the project;
                                        1.8      that the applicant will install the optic fibre network within
                                                 the road reserve by means of a trench-less system where
                                                 possible or opened excavation, as shown in the
                                                 documentation submitted to Council with the application;
                                        1.9      that it be noted that the installation will be subject to the
                                                 approval of the Directorate Infrastructure and Basic
                                                 Services of Council and that the personnel of the
                                                 Engineering Section of Council must therefore be directly
                                                 involved during the operation and installation processes;
                                        1.10     that impact on the traffic during the installation process
                                                 must be kept to a minimum; and
                                        1.11     that the applicant adheres to the provisions of NEMA
                                                 where applicable.
A.005/12   APPLICATION   TO    That the application received from Korsman Van Wyk Town Regional                      DDP
           PURCHASE       A    Planners the authorized agent of Gerald John Smith to purchase a portion
           PORTION OF THE      of the road reserve of O.R. Tambo Drive situated at Die Heuwel Extension
           ROAD RESERVE OF     4 not be approved due to the following reasons:
           O.R. TAMBO DRIVE,   1.       that the property is earmarked for a road reserve;
           DIE      HEUWEL     2.       that the road reserve is also identified as an “Activity Spines” and
           EXTENSION 4                  will be expanded at the intersection in the near future; and
                               3.       that the department responsible for cleaning public open spaces
                                        will be advised to clean this road reserve at all times meaning that
                                        this vacant portion of land (road reserve) will need to be used for
                                                                               5

 RES.          HEADING                                      RESOLUTION                                         RESPONSIBLE
NUMBER                                                                                                         DIRECTORATE

                                     road and intersection expansion.
A.006/12   HAND        OVER     1.   That the report on the progress with debt collections by debt                 FIN
           PROGRESS                  collectors be noted; and
           REPORT          –    2.    that letters of intention to cancel the contracts be issued to Service
           OCTOBER 2011               Providers as they have breached their contracts
A.007/12   SUPPLY      CHAIN    1.   That the progress report on the execution of capital projects                 FIN
           MANAGEMENT      –         (appointment of consultants and contractors) of Council for the
           QUARTERLY                 quarter July - September 2011 be noted;
           REPORT         ON    2.   that the criteria applied and the analysis of the specific goals in the
           CAPITAL                   awarding of tenders to consultants and contractors is attached as
           PROJECTS:                 Annexure “L”, be noted; and
           2011/2012            3.   that MIG funds should be strictly utilised for MIG projects and in
           FINANCIAL    YEAR         case that funds are diverted the Executive Mayor should be
           (JULY           –         informed and the funds be replaced as soon as possible; and
           SEPTEMBER 2011)      4.   that quarterly reports be tabled.
A.008/12   ARREARS              1.   That the normal debt policy be followed for all Councillors and               FIN
           ACCOUNTS       OF         personnel; and
           PERSONNEL        /   2.   that a report be tabled at the next meeting.
           COUNCILLORS
A.009/12   HAND        OVER     1.   That the report on the progress with debt collections by debt                 FIN
           PROGRESS                  collectors be noted; and
           REPORT          –    2.   that letters of intention to cancel the contracts be issued to Service
           NOVEMBER 2011             Providers as they have breached their contracts.
A.010/12   HAND        OVER     1.   That the report on the progress with debt collections by debt                 FIN
           PROGRESS                  collectors be noted; and
           REPORT – 1 – 30      2.   that letters of intention to cancel the contracts be issued to Service
           DECEMBER 2011             Providers as they have breached their contracts.
A.011/12   SUPPLY      CHAIN    1.   That the progress report on the execution of capital projects                 FIN
           MANAGEMENT      –         (appointment of consultants and contractors) of Council for the
           QUARTERLY                 quarter October - December 2011 be noted;
           REPORT         ON    2.   that the criteria applied and the analysis of the specific goals in the
           CAPITAL                   awarding of tenders to consultants and contractors is attached as
           PROJECTS         :        Annexure “O”, be noted; and
           2011/12 FINANCIAL    3.   that the report be made public in terms of Supply Chain Regulation
                                                                               6

 RES.          HEADING                                      RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                                        DIRECTORATE

           YEAR (OCTOBER –            6 (4).
           DECEMBER 2011)
A.012/12   MONTHLY             1.     That it be noted that the monthly financial report with effect from 1       FIN
           FINANCIAL REPORT           July 2009 must comply with the Local Government Municipal
           : NOVEMBER 2011            Finance Management Act, Act No. 56 of 2003: Municipal Budget
                                      and Reporting Regulations approved in terms of Section 168 of
                                      the Municipal Finance Management Act and approved per
                                      Government Gazette No. 32141 dated 17 April 2009 for
                                      implementation with effect from 1 July 2009;
                               2.     that table C1 s71 Monthly Budget Statement Summary be noted;
                               3.     that table C2 Monthly Budget Statement – Financial Performance
                                      (standard classification) be noted;
                               4.     that table C3 Monthly Budget Statement – Financial Performance
                                      (revenue and expenditure by municipal vote) be noted;
                               5.     that table C4 Monthly Budget Statement – Financial Performance
                                      (revenue and expenditure) be noted;
                               6.     that table C5 Monthly Budget Statement – Capital Expenditure
                                      (municipal vote, standard classification and funding) be noted;
                               7.     that table C6 Monthly Budget Statement – Financial Position be
                                      noted;
                               8.     that table C7 Monthly Budget Statement – Cash flow be noted;
                               9.     that the 20 highest creditors be noted; and
                               10.    that no service provider be paid the full amount if the service
                                      provider owes Council any money for services rendered.
A.013/12   AUCTION        OF   1.     That the report on the auction of redundant municipal assets and           ARM
           REDUNDANT                  vehicles, be noted;
           MUNICIPAL           2.     that the Capital Budget and Operational Budget be increased with
           VEHICLES      AND          R3 254 300-39 and be allocated as follows :
           ASSETS
                                     Directorate : Administration &        R250 000 for EAP
                                     Resource Management
                                     Directorate : Public Safety           R750 000 for vehicles
                                     Directorate     :      Development    R500 000 for Sports, Arts
                                     Planning                              and Culture and R500 000
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 RES.          HEADING                                       RESOLUTION                                      RESPONSIBLE
NUMBER                                                                                                       DIRECTORATE

                                                                          for Mayoral greening project
                                    Local Economic Development            R500 000
                                    Directorate : Infrastructure & Basic R300 000 for vehicles
                                    Services
                                    Mayor’s Office                        R450 000 for other projects
                                              and
                               3.    that the assets sold through the auction be removed from the
                                     Asset Register and Insurance Portfolio.
A.014/12   EMERGENCY           WITHDRAWN
           PURCHASE
           REPORT AS PER
           SECTION 38 (2) OF
           THE SUPPLY CHAIN
           MANAGEMENT
           POLICY JULY TO
           AUGUST 2011
A.015/12   REPLACEMENT OF      1.      That Council dispose of both units as per Option 1; and                   IBS
           THE D2X 40MVA       2.      that the Municipality purchase a new 40MVA transformer which
           DAMAGED SUPPLY              will be kept as a critical spare for the Buffer Substation and
           TRANSFORMERS                KwaGuqa 132kV substation.
A.016/12   PROPOSAL       ON   That the item be referred to Directorate : Development Planning for further      LED
           LOCAL ECONOMIC      deliberation and be submitted in the next meeting.
           DEVELOPMENT
           PROJECT ON: USE
           OF     MUNICIPAL
           LAND           AT
           FERROBANK     ERF
           92 OR 74, NEWTON
           STREET
           EMALAHLENI 1039,
           FOR SCRAP METAL
           COLLECTION AND
           RECYCLING
                                                                           8

 RES.          HEADING                                    RESOLUTION                                    RESPONSIBLE
NUMBER                                                                                                  DIRECTORATE

A.017/12   RE-LAUNCHING OF That the report on the Re-launching of Emalahleni Local Economic                LED
           THE         LOCAL Development forums be noted.
           ECONOMIC
           DEVELOPMENT
           FORUM
A.018/12   ACTUAL             WITHDRAWN                                                                     FIN
           EXPENDITURE AND
           COMMITMENTS
           AGAINST       THE
           APPROVED
           BUDGET        FOR
           OCTOBER 2011
A.019/12   GUIDELINES    FOR WITHDRAWN
           THE        2012/13
           FINANCIAL    YEAR
           OPERATIONAL AND
           CAPITAL BUDGET
A.020/12   ADJUSTMENT         WITHDRAWN
           BUDGET 2011/2012
           FINANCIAL YEAR

A.021/12   ONCE-OFF           That the report regarding the once-off gratuity payment for non-return       ARM
           GRATUITY           Councillors be noted.
           PAYMENT      FOR
           NON-RETURN
           COUNCILLORS
A.022/12   SERVICE DELIVERY   1.     That the Service Delivery and Budget Implementation Plan for the       MM
           AND       BUDGET          2011/2012 financial year as contained in Annexure “AB”, be
           IMPLEMENTATION            noted; and
           PLANS FOR THE      2.     that the report be referred to all the Section 79 Committees for
           2011/2012                 deliberation and be submitted in the next meeting.
           FINANCIAL YEAR
A.023/12   ACTUAL             1.     That the Operational Budget forms and comments which the               FIN
           EXPENDITURE AND           Directorate Finance completed for October 2011 be noted;
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 RES.          HEADING                                           RESOLUTION                                     RESPONSIBLE
NUMBER                                                                                                          DIRECTORATE

           COMMITMENTS          2.   that the status report on capital expenditure as at 31 October
           AGAINST       THE         2011, be noted;
           APPROVED             3.   that the status report on Capital expenditure from the Nkangala
           BUDGET        FOR         District Municipalities for October 2011 be noted; and
           OCTOBER 2011         4.   that the Directorate Finance’s forms be noted.
A.024/12   GUIDELINES    FOR    1.   That the following guidelines be implemented for the 2012/2013                 FIN
           THE        2012/13        Operational and Capital Budget:
           FINANCIAL    YEAR
           OPERATIONAL AND           1.1    OPERATING BUDGET:
           CAPITAL BUDGET                   Revenue

                                            1.1.1       That it be noted that the following tariff increases
                                                        are proposed:

                                                        -         Assessment Rates                  12.50%
                                                        -         Electricity                       20.73%
                                                        -         Refuse                            12.50%
                                                        -         Sewerage                          12.50%
                                                        -         Water                             12.50%
                                                        -         Other                             12.00%

                                            1.1.2       That it be noted that the total budgeted revenue
                                                        will be R1,611,428,991 with an estimated cash
                                                        flow of 87.65%, amounting to R1,296,969,657 as
                                                        follows:

                                            Revenue                     Cash flow       Increas      ‘R
                                                                         87.65%            e
                                            Assessment rates            194,239,345     12.50%    221,608,050
                                            Grants     –    Equitable   181,726,000               181,726,000
                                            Share
                                                     - Health             2,400,000                 2,400,000
                                                     - Other              2,300,000                 2,300,000
                                                     - Capital                      0             136,259,000
                                                                    10

 RES.    HEADING                                 RESOLUTION                                         RESPONSIBLE
NUMBER                                                                                              DIRECTORATE

                              Tariffs – Electricity       586,696,051     20.73%    669,362,294
                                      - Refuse             53,107,067     12.50%     60,589,923
                                      - Sewerage           64,580,426     12.50%     73,679,894
                                      - Water             156,312,657     12.50%    178,337,316
                              Other                        74,648,449     12.00%     85,166,514
                              Less:Departmental            19,040,449
                              Charges
                                                        1,296,969,657              1,611,428,991

                              Expenditure

                              1.1.3      That It is proposed that expenditure amounting to
                                         R1,296,969,657 be allocated as follows:

                   Expenditure                  Note    Cash flow       Increase        ‘R

                   Remuneration                   1     369,378,562      8.00%       369,378,562

                   General
                   Expenditure


                   ESKOM                          2     673,099,674      27.06%      673,099,674

                   Water                                 33,189,660      5.00%         33,189,660

                   Sundry                                99,659,695      5.00%         99,659,695

                   Interest                              21,658,778                    21,658,778

                   Non-cash flow                                         5.00%         63,830,549

                   Total General                       1,196,986,369                1,260,816,918

                   Repair                 &              74,525,367      5.00%         79,525,367
                   Maintenance

                   Depreciation                                                      136,259,000
                                                                             11

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NUMBER                                                                                                      DIRECTORATE

                                    Contributions

                                    Sundry                             50,000                     50,000

                                    Bad debt                                      27.41%     159,159,883

                                    Contribution     to                     0                          0
                                    capital outlay


                                    Redemption                      23,463,034
                                                                 1,295,024,770              1,630,811,168
                                    Cash flow Surplus                1,944,887
                                                                 1,296,969,657



                                   1.2       CAPITAL BUDGET:

                                                                                           ‘R
                                               MIG (Actual)                                 94,989,000
                                               NDM (Projected)                              34,970,000
                                               DME                                            6,300,000
                                                                                           136,259,000

                              2.   that the Directorates’ requests be submitted before 15 December
                                   2011 to the Directorate Finance;
                              3.   that a zero based budget method be applied on the
                                   abovementioned;
                              4.   that the 2011/2012 approved budget be used as basis for the 5%
                                   increase; and
                                                                                                th
                              5.   that it be noted if the information is not received by the 15 of
                                   December 2011, the Directorate Finance WILL finalize the budget
                                   for directorates who does not meet the deadline.
A.025/12   ADJUSTMENT         1.   That the adjustment budget be based on an average consumer                   FIN
           BUDGET 2011/2012        payment rate of 87.65%;
           FINANCIAL YEAR     2.   that the Operational Budget expenditure be adjusted as per
                                                                 12

 RES.    HEADING                               RESOLUTION                                       RESPONSIBLE
NUMBER                                                                                          DIRECTORATE

                        Annexure “AB” in terms of Section 28 of the Municipal Finance
                        Management Act, Act No. 56 of 2003 (as amended) as follows:

                                   Description                     Note      Amount (R )
                                   - Remuneration                   1        344,359,559
                                   - Leave                          2          1,755,182
                                   - General expenditure –          3        529,749,168
                                   Eskom purchase
                                   - Water purchase                   4       31,609,200
                                   - Sundry                           5      105,783,860
                                   - Repair & Maintenance             6       75,167,201
                                     Capital Charges
                                       - Interest                     7        25,157,822
                                       - Redemption                   7        26,143,117
                                      - Capital from Income           8        22,720,000
                                                                            1,162,445,109
                                   Min: Cash flow revenue                   1,177,650,593
                                   Cash flow surplus                           15,205,484


                        Less Cash book overdraft 30 June 2011                R44,732,298
                        Less unspent loan 30 June 2011                       R27,183,669
                        Less unspent conditional Government Grants
                        30 June 2011                                         R24,414,106
                        Less provision for creditors 30 June 2011            R50,379,769
                        Actual Cash flow deficit 30 June 2012                R131,504,358

                   3.   that it be noted that a further decrease in cash flow might result in
                        an organizational restructuring (S189) whereby employees will be
                        retrenched;
                   4.   that directors be accountable and held responsible in ensuring that
                        the budget in their directorate are properly managed;
                   5.   that NO APPROVALS BE GRANTED TO SELL LEAVE DAYS;
                   6.   Employees who want to make use of study bursaries must pay for
                                                                  13

 RES.    HEADING                                RESOLUTION                                       RESPONSIBLE
NUMBER                                                                                           DIRECTORATE

                         their tuitions and claim for reimbursement when they produce
                         results that they have passed;
                   7.    that further negotiations be held with Anglo Coal to decrease the
                         water purchase to equal the budget amount of R31,609,200, and
                         that the contract with Anglo Coal be reviewed to establish whether
                         there is value for money vis-à-vis water loss the municipality is
                         experiencing;
                   8.     that no purchases be made on the following line items as a cost
                          curtailing measurement:

                                  -        Entertainment;
                   9.    that travel and subsistence be limited to delegations relevant to the
                         Municipal Manager, Directors. Executive Mayor, MMC               and
                         employees on training & common transport be used as far as
                         practically possible;
                   10.   and that all vehicles be parked on Fridays at the Workshop to avoid
                         additional fuel costs, except officials on standby & list of standby
                         personnel be submitted to stores for filling of fuel;
                   11.   that maximum kilometers be determined for each vehicle for
                         travelling per month;
                   12.   that the following actions be taken to improve revenue collection:

                         12.1     100% cut offs;
                         12.2     100% monitoring of cut off;
                         12.3     Replace malfunctioning meters;
                         12.4     100% monitoring of zero sales on pre-paid electricity
                                  (±9,000) (to be investigated by the Director Infrastructure
                                  & Basic Services – plan of action to be submitted);
                         12.5     that all directors be part of the Revenue Enhancement
                                  Committee and Cut-Offs Task Team Committee;
                         12.6     Councillors’ awareness programmes in communities to
                                  improve the consumer payment rate;
                   13.   that Council note the cash flow DEFICIT for the 2011/2012
                         financial year and the possible consequences in terms of the
                         Municipal Finance Management Act, Act No. 56 of 2003 (as
                                                                               14

 RES.          HEADING                                       RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                                         DIRECTORATE

                                     amended) and Audit Report in this regard to maintain an
                                     acceptable level of service to the community without disruption;
                              14.    that the cash flow deficit be financed from higher tariff increases in
                                     the 2012/2013 financial year and reprioritization of services;
                              15.    that expenditure on all grants be fast tracked to ensure that funds
                                     are not held by National Treasury as unspend grants;
                              16.    that note be taken that all projects and operations have been done
                                     without taken further loans from the banking institutions;
                              17.    that not all vacant positions be filled with acting personnel;
                              18.    that a moratorium be put on selling of pre-paid meters; and
                              19.    that the MIG projects be adjusted according to the funds available
                                     pending the outcome of the negotiations between the Chief
                                     Financial Officer and the National Treasury.
A.026/12   VIREMENTS DONE     That note be taken on the virements done for the financial year 2011 –               FIN
           FOR          THE   2012.
           FINANCIAL   YEAR
           2011 – 2012
A.027/12   APPOINTMENT OF     1.      That the following persons be appointed as members of the                    MM
           AUDIT COMMITTEE            Emalahleni Local Municipality’s Audit Committee;
                                      1.1      Tladi John Matome
                                      1.2      Ngobeni Stanley Bhutana;
                                      1.3      Mbonambi Massacha Khulekile;
                                      1.4      Mnisi Patrick Boy; and
                                      1.5      Smith Brenda Karen Monica;
                              2.      that the term of office of the Audit Committee be determined as
                                      being the same as the term of office of Council;
                              3.      that their remuneration per sitting be fixed at the rates as currently
                                                          st
                                      promulgated on 1 April 2011 by National Treasury Regulations
                                      3.1.6 plus travelling; and
                              4.      that Council enters into a Memorandum of Understanding and
                                      Terms of Reference based on the legislation governing Audit
                                      Committees.
15
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                                                   DATE : 23 FEBRUARY 2012
 RES.          HEADING                                       RESOLUTION                                     RESPONSIBLE
NUMBER                                                                                                      DIRECTORATE

A.026/12   AMENDMENT     OF     1.      That Council approves the amendments to Emalahleni Land Use            DDP
   (A)     EMALAHLENI LAND              Management Scheme as a new amendment scheme that
           USE MANAGEMENT               substitutes the Emalahleni LUMS 2010;
           SCHEME     FINAL      2.     the amended Emalahleni Land Use Management Scheme shall
           REPORT      AND              become the town planning scheme in operation as anticipated in
           ADOPTION                     Section 18 (4) of the Town Planning and Townships
                                        Ordinance,1986 (Ordinance 15 of 1986); and
                                 3.      that the amended scheme be published for 30 days for
                                         comments.
A.027/12   APPLICATION FOR       That the application received from Vodacom (PTY) Ltd, in terms of the         DDP
   (A)     RENEWAL         OF    provisions of the Acquisition of Immovable Properties Policy of Council,
           LEASE                 2008, to renew the lease agreement for a portion of Erf 4588, Kwa
           AGREEMENT:            Thomas Mahlanguville measuring 80m² in extent for a period of 9 years
           PORTION OF ERF        and 11 months at a rental amount of R1100-00 per month be approved
           4588, LYNNVILLE       subject to the following conditions:
                                 1.     that a cancellation clause of 6 months be applicable;
                                 2.     that the lease amount is subject to an annual escalation equal to
                                        the CPXI rate;
                                  3.    that the mast must blend in with the nearby surroundings and be
                                        maintained; and
                                 4.     that the conditions as stipulated in the existing lease agreement
                                        with Vodacom remains in place.
A.028/12   APPLICATION    TO    1.      That the application to lease Sy-Mthimunye stadium by                  DDP
           LEASE          SY            Mpumalanga Black Aces not be recommended;
           MTHIMUNYE            2.      that the Mpumalanga Black Aces be afforded the permission to
           STADIUM:                     hire the stadium for their local matches just like any other
           MPUMALANGA                   organisation provided bookings to utilise the stadium have been
           BLACK ACES                   appropriately made well in advance by the soccer club;
                                3.      that the Mpumalanga Black Aces be notified accordingly; and
                                4.      that a list of all municipal lease agreements be submitted in the
                                        next Mayoral Committee meeting.
                                                                                  17

 RES.           HEADING                                       RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                                          DIRECTORATE

A.029/12   APPLICATION FOR        1.   That the following Council owned properties be sold by means of a           DDP
           ALIENATION       OR         public bid process as indicated in the table below, in terms of the
           LEASING          OF         provisions of Section 14 of the Municipal Finance Management
           ERVEN             IN        Act, 2003, read with the provisions of Section 3.2 of the Disposal
           KWAGUQA                     and Acquisition of Immovable Properties Policy of Council, 2008,
           EXTENSIONS 2, 3,            and subject to the conditions as listed below:
           7, 10, 11, 17 AND 18
           –         COMBINED            Description          Zoning            Recommendation
           REPORT
                                         Erf 3, Kwa-Guqa      “Business 3”      The property be alienated by
                                         Extension 2                            means of a Public Bid
                                         Erf   63,Kwa-Guqa    “Community        The property be alienated by
                                         Extension 2          Facility”         means of a Fixed Price Public
                                                                                Bid
                                         Erf 66/R, Kwa-Guqa   “Community        The property be alienated by
                                         Extension 2          Facility”         means of a Fixed Price Public
                                                                                Bid
                                         Erf 613, Kwa-Guqa    “Community        The property be alienated by
                                         Extension 2          Facility”         means of a Fixed Price Public
                                                                                Bid
                                         Erf 775, Kwa-Guqa    “Residential 2”   The property be alienated by
                                         Extension 2                            means of a Public Bid
                                         Erf 809, Kwa-Guqa    “Residential 2”   The property be alienated by
                                         Extension 2                            means of a Public Bid
                                         Erf 811, Kwa-Guqa    “Residential 2”   The property be alienated by
                                         Extension 2                            means of a Public Bid
                                         Erf 935, Kwa-Guqa    “Institutional”   The property be alienated by
                                         Extension 3                            means of a Fixed Price Public
                                                                                Bid
                                         Erf 968, Kwa-Guqa    “Institutional”   The property be alienated by
                                         Extension 3                            means of a Fixed Price Public
                                                                                Bid
                                         Erf 1135, Kwa-       “Residential 2”   The property be alienated by
                                         Guqa Extension 3                       means of a Public Bid
                                         Erf 1158, Kwa-       “Institutional”   The property be alienated by
                                         Guqa Extension 3                       means of a Fixed Price Public
                                                                                Bid
                                         Erf 1192, Kwa-       “Institutional”   The property be alienated by
                                         Guqa Extension 3                       means of a Fixed Price Public
                                                                                Bid
                                                              18

 RES.    HEADING                          RESOLUTION                                         RESPONSIBLE
NUMBER                                                                                       DIRECTORATE

                   Erf 1193, Kwa-         “Institutional”   The property be alienated by
                   Guqa Extension 3                         means of a Fixed Price Public
                                                            Bid
                   Erf 1268, Kwa-         “Institutional”   The property be alienated by
                   Guqa Extension 3                         means of a Fixed Price Public
                                                            Bid
                   Erf 1312, Kwa-         “Institutional”   The property be alienated by
                   Guqa Extension 3                         means of a Fixed Price Public
                                                            Bid
                   Erf 1468, Kwa-         “Residential 2”   The property be alienated by
                   Guqa Extension 3                         means of a Public Bid
                   Erf 3912, Kwaguqa      “Institutional”   The property be alienated by
                   Extension 7                              means of a Fixed Price Public
                                                            Bid
                   Erf 4120, Kwa-         “Institutional”   The property be alienated by
                   Guqa Extension 7                         means of a Fixed Price Public
                                                            Bid
                   Erf 5396, Kwa-         “Community        The property be alienated by
                   Guqa Extension 10      Facility”         means of an Unsolicited Bid to
                                                            the occupant, Black hill
                                                            Schoongezicht Primary
                                                            School.
                   Erf 5399, Kwa-         “Institutional”   The property be alienated by
                   Guqa Extension 10                        means of a Fixed Price Public
                                                            Bid
                   Erf 6419, Kwa-         “Institutional”   The property be alienated by
                   Guqa Extension 10                        means of a Fixed Price Public
                                                            Bid
                   Erf 2/6660, Kwa-       “Residential 2”   The property be alienated by
                   Guqa Extension 10                        means of a Public Bid
                   Portions 3,5,6,8-13    “Institutional”   The properties be alienated by
                   (portions of portion                     means of a Fixed Price Public
                   2) of Erf 5314, Kwa-                     Bid
                   Guqa Extension 10
                   Erf 7174, Kwa-         “Business 3”      The property be alienated by
                   Guqa Extension 11                        means of a Public Bid
                   Erf 7163, Kwa-         “Institutional”   The property be alienated by
                   Guqa Extension 11                        means of a Fixed Price Public
                                                            Bid
                   Erf 7149, Kwa-         “Institutional”   The property be alienated by
                   Guqa Extension 11                        means of a Fixed Price Public
                                                            Bid
                                                            19

 RES.    HEADING                        RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                    DIRECTORATE

                    Erf 8103 Kwa-Guqa   “Institutional”   The property be alienated by
                    Extension 17                          means of a Fixed Price Public
                                                          Bid
                    Erf 8055, Kwa-      “Institutional”   The property be alienated by
                    Guqa Extension 17                     means of a Fixed Price Public
                                                          Bid
                    Erf 8053, Kwa-      “Institutional”   The property be alienated by
                    Guqa Extension 17                     means of a Fixed Price Public
                                                          Bid
                    Erf 8052, Kwa-      “Institutional”   The property be alienated by
                    Guqa Extension 17                     means of a Fixed Price Public
                                                          Bid
                    Erf 8855, Kwa-      “Residential 2”   The property be alienated by
                    Guqa                                  means of a Public Bid
                    Extension 18


                   1.1   that a registered valuator be appointed by the Chief
                         Financial Officer to determine the selling prices of the
                         above mentioned erven;
                   1.2   that the erven with the buildings thereon (if any) be
                         alienated “Voetstoots”;
                   1.3   that the standard financial conditions of the Council will be
                         applicable;
                   1.4   that the provision of all municipal services will be for the
                         account of the purchaser;
                   1.5   that the cost to provide any service connections to the
                         property will be for the account of the purchaser;
                   1.6   that engineering design layout plans must be submitted for
                         the approval of the Director: Infrastructure and Basic
                         Services before building activities may commence;
                   1.7   that it be noted that an electrical point of supply is
                         available at the erf, should more power be required, all
                         costs for the upgrading will be for the account of the
                         purchaser;
                   1.8   that if it is necessary to re-route any municipal services or
                         register servitudes for existing services it will be for the
                         cost of the developer;
                                                          20

 RES.    HEADING                        RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                    DIRECTORATE

                   1.9    that the property be developed within 24 months from date
                          of registration in the name of the purchaser;
                   1.10   that the development is subject to the approval of a site
                          development plan;
                   1.11   that the development of the property be subject to the
                          approval of building plans by the Building Control section
                          of the Council and that it be noted that no construction will
                          be allowed on the property prior to such approval of the
                          building plans;
                   1.12   that it be noted that the zoning of the properties is as
                          indicated in the table above, and should it be necessary to
                          change the zoning all costs pertaining to the rezoning will
                          be for the account of the purchaser;
                   1.13   that the erven be developed in terms of the development
                          conditions applicable to the existing zoning or zoning
                          obtained by the purchaser, as stipulated in the Emalahleni
                          Land Use management Scheme, 2010;
                   1.14   that it be noted in terms with the provisions of Section 14
                          of the Municipal Finance Act, 2003 that the erven listed in
                          the table above are not required for the provision of basic
                          services;
                   1.15   that it be noted that all erven sold as “Institutional” or
                          “Community Facility” zoned erven will furthermore also be
                          subject to the following conditions:

                          1.15.1       that it be noted that the purchase price can
                                       be subject to a discount as determined in
                                       terms with the provisions of Clause 3.1.2.2 of
                                       the Disposal and Acquisition of Immovable
                                       Property Policy of the Council, 2008;
                          1.15.2       that a pre-emptive right of 5 years be
                                       applicable to all erven that receives a
                                       discount on the selling price;
                          1.15.3       that if the property is purchased at a discount
                                       price, the property may only be used for the
                                                          21

 RES.    HEADING                        RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                    DIRECTORATE

                                       purposes as approved by Council and that it
                                       be noted that a restrictive title deed condition
                                       stipulating the use of the property will be
                                       included in the new Title Deed of the
                                       property;

                   1.16   that it be noted that the following properties are illegally
                          occupied and that the occupants be requested to vacate
                          the premises before it is alienated by means of a public
                          bid process, failing which they be evicted by taking the
                          necessary legal actions, namely:

                            Description                                   Owner
                            Erf 613, Kwa-Guqa Extension 2                 ELM
                            Erf 775, Kwa-Guqa Extension 2                 ELM
                            Erf 809, Kwa-Guqa Extension 2                 ELM
                            Erf 811, Kwa-Guqa Extension 2                 ELM
                            Erf 968, Kwa-Guqa Extension 3                 ELM
                            Erf 1135, Kwa-Guqa Extension 3                ELM
                            Erf 1158, Kwa-Guqa Extension 3                ELM
                            Erf 1192, Kwa-Guqa Extension 3                ELM
                            Erf 1268, Kwa-Guqa Extension 3                ELM
                            Erf 1468, Kwa-Guqa Extension 3                ELM
                            Erf 6419, Kwa-Guqa Extension 10               ELM
                            Erf 4290,Kwa-Guqa Extension 7                 ELM
                            Erf 2/6660, Kwa-Guqa Extension 10
                            Portions of Portion 2 of Erf 5314, Kwa-Guqa   ELM
                            Extension 10
                            Erf 6696, Kwa-Guqa Extension 11               ELM
                            Erf 7898, Kwa-Guqa Extension 11               ELM
                            Erf 8103 Kwa-Guqa Extension 17                ELM
                            Erf 8055, Kwa-Guqa Extension 17               ELM
                            Erf 8053, Kwa-Guqa Extension 17               ELM
                            Erf 8052, Kwa-Guqa Extension 17               ELM
                                                                   22

 RES.    HEADING                                 RESOLUTION                                     RESPONSIBLE
NUMBER                                                                                          DIRECTORATE

                                   Erf 7174, Kwa-Guqa Extension 11                ELM
                                   Erf 7163, Kwa-Guqa Extension 11                ELM
                                   Erf 7149, Kwa-Guqa Extension 11                ELM
                                   Erf 8855 Kwa-Guqa Extension 18                 ELM

                        1.17    that it be noted that the Lessee of the following property be
                                informed of the proposed alienation and that the lease
                                agreement be cancelled in terms of the provisions of the
                                lease agreement once the property is alienated, namely:

                                   Description                              Owner

                                   Erf 968, Kwa-Guqa Extension 3            ELM

                   2.   that the following properties zoned “Park” be fully developed as
                        Parks by the Land Use Management Section and the Park Section
                        of the Directorate development Planning by entering into
                        Community Initiative Agreement with the surrounding community
                        for the maintenance and development of the park, namely:

                               Description                         Zoning      Owner
                               Erf 12, Kwa-Guqa Extension 2        “Park”      ELM
                               Erf 576, Kwa-Guqa Extension         “Park”      ELM
                               2
                               Erf     817/R,    Kwa-Guqa          “Park”      ELM
                               Extension 2
                               Erf 6657, Kwa-Guqa Extension        “Park”      ELM
                               10
                               Erf 6654, Kwa-Guqa Extension        “Park”      ELM
                               10
                               Erf 6655, Kwa-Guqa Extension        “Park”      ELM
                               10
                                                                                  23

 RES.          HEADING                                        RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                                          DIRECTORATE

                                             Erf 6657, Kwa-Guqa Extension         “Park”       ELM
                                             10
                                             Erf 6654, Kwa-Guqa Extension         “Park”       ELM
                                             10
                                             Erf 6655, Kwa-Guqa Extension         “Park”       ELM
                                             10
                                             Erf         7898, Kwa-Guqa           “Park”       ELM
                                             Extension 11
                                             Erf 4290, Kwa-Guqa Extension         “Park”       ELM
                                             11
                                             Erf         7898, Kwa-Guqa           “Park”       ELM
                                             Extension 11
                                             Erf 4290, Kwa-Guqa Extension         “Park”       ELM
                                             11

                               3.      that the following properties zoned “Government/Municipal” be
                                       retained for Municipal or Government purposes, namely:

                                             Description                        Zoning
                                              Remainder of Erf 5314, Kwa-       “Government”
                                              Guqa Extension 10
                                              Erf          6696, Kwa-Guqa       “Government”
                                              Extension 11
                                              Erf      1536       Kwa-Guqa      “Government”
                                              Extension 3
A.030/12   APPLICATION FOR     That Resolution A. 029/11 be amended by          deletion of “1506 ext. 3 “and      DDP
           A STAND TO BUILD    insertion of “3491 ext. 6” to read as follows:
           A    LIBRARY    :
           KLARINET        -   1.      That a portion of remainder of portion 3491 ext. 6 Klarinet, be
           AMENDMENT     OF            approved for the purpose of developing a library;
           COUNCIL             2.      that the Department of Sport , Arts Culture and Recreation be
           RESOLUTION                  responsible for the building of the Library;
                               3.      that a letter of appreciation be forwarded to the Department of
                                                                          24

 RES.          HEADING                                  RESOLUTION                                      RESPONSIBLE
NUMBER                                                                                                  DIRECTORATE

                                   Arts, Culture Sport and Recreation; and
                              4.   that funds be identified in the 2012/2013 budget for the operation
                                   of the proposed library.
A.031/12   IMMINENT DANGER    1.   That Council take note of the environmental challenges that are         DDP
           OF    COLLAPSING        brought about by the derelict and ownerless underground mines in
           GROUND,                 the western part of eMalahleni;
           SINKHOLES    AND   2.   that the DMR and DEAT be requested to provide Council with a
           UNDERGROUND             plan of action aimed at addressing the environmental challenges
           FIRES   IN   AND        caused by the derelict mines
           AROUND PARTS OF    3.   that Council engages with the two national departments in
           eMALAHLENI              developing public awareness program which will sensitize the
                                   community about the dangers of sink holes and underground fires;
                              4.   that the awareness program be funded by DMR and DEAT in
                                   conjunction with the mining companies which have accepted
                                   ownership of the affected areas;
                              5.   that an Environmental Management Inspectorate (Green
                                   Scorpion) Unit be established within Directorate: Development
                                   Planning to deal with other related environmental issues which are
                                   a the competency of the municipality;
                              6.   that Municipal Law Enforcement Officers ensure that the
                                   Community does not invade dangerous areas, and
                              7.   that through the office of the Executive Mayor a meeting be
                                   initiated that will include the affected mining houses and the
                                   Department within 30 days.
A.032/12   INSTALLATION OF    1.   That approval be granted for the Council to enter into an                IBS
           INFRASTRUCTURE          agreement with Tubular General Fabricators for the installation of
           BY       TUBULAR        an electrical ringfeed supply at Klarinet Industrial area;
           PROJECTS      AT   2.   that the costs for the works be off-set against the consumer
           KLARINET                account of Tubular Construction over a period of 12 months,
           INDUSTRIAL              interest free;
                              3.   that it be noted that this arrangement will be beneficial to both
                                   parties; and
                              4.   that the cost of the works amounts to R269,000-00 (Excluding
                                   VAT).
                                                                                 25

 RES.          HEADING                                         RESOLUTION                                         RESPONSIBLE
NUMBER                                                                                                            DIRECTORATE

A.033/12   REPORT        ON    1.      That the donation from EXXARO Coal to an amount of                             IBS
           FINANCIAL                   R1,007,600-84 (VAT Excl.) for the Electrification of Thubelihle
           DONATION                    Ext. 4, be noted;
           RECEIVED    FROM    2.      that a communique be sent to the donors to express a motion of
           EXXARO       FOR            gratitude;
           ELECTRIFICATION     3.      that the Capital Budget of Council be increased with an amount
           AT    THUBELIHLE            of R1,007,600-84 (VAT Excl.); and
           EXTENSION 4         4.      that monthly progress reports be submitted to Council.
A.034/12   DISASTER            1.      That the Draft Disaster Management Plan as submitted be                        PS
           MANAGEMENT                  adopted as a draft;
           PLAN                2.      that the Draft Disaster Management Plan be subjected to public
                                       participation processes, and
                               3.      that the Draft Disaster Management Plan give special
                                       consideration of the sinkhole and underground fires.
A.035/12   PROPOSED            1.      That the proposed amendments on the Fire Services By-Law be                    PS
           AMENDMENTS ON               adopted as a draft;
           FIRE SERVICES BY-   2.      that public participation processes be undertaken immediately
           LAWS                        after approval;
                               3.      that the legal section undertakes the process of promulgating the
                                       amendments on the Fire Service By-Law immediately after the
                                       completion of the public participation processes; and
                               4.      that a workshop should be conducted for the Councillors before
                                       the item is submitted to the Council.
A.036/12   ROLL-OUT PLAN OF    That the item be referred back for the following reasons :                             PS
           LAW                 1.      no line item is indicated;
           ENFORCEMENT         2.      all Directors must comment fully;
           UNIT                3.      a detailed progress report on the implementation of the roll out
                                       plan be given; and
                               4.      it be clarified whether a three shift or four shift system will be used.
A.037/12   EMERGENCY           1.      That the report of the Directorate: Administration and Resources              ARM
           REPAIRS        :            Management be noted in terms of Section 38 (2) of the Supply
           DIRECTORATE    :            Chain Management Policy;
           ADMINISTRATION      2.      that note be taken that four (4) windows were replaced at a total
           AND    RESOURCE             amount of R66,633-00; and
                                                                            26

 RES.          HEADING                                    RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                                      DIRECTORATE

           MANAGEMENT         3.    that this expenditure be recovered from the insurance.
A.038/12   MONTHLY            1.    That it be noted that the monthly financial report with effect from 1       FIN
           FINANCIAL REPORT         July 2009 must comply with the Local Government Municipal
           - DECEMBER 2011          Finance Management Act, Act No. 56 of 2003: Municipal Budget
                                    and Reporting Regulations approved in terms of Section 168 of
                                    the Municipal Finance Management Act and approved per
                                    Government Gazette No. 32141 dated 17 April 2009 for
                                    implementation with effect from 1 July 2009;
                              2.    that table C1 s71 Monthly Budget Statement Summary be noted;
                              3.    that table C2 Monthly Budget Statement – Financial Performance
                                    (standard classification) be noted;
                              4.    that table C3 Monthly Budget Statement – Financial Performance
                                    (revenue and expenditure by municipal vote) be noted;
                              5.    that table C4 Monthly Budget Statement – Financial Performance
                                    (revenue and expenditure) be noted;
                              6.    that table C5 Monthly Budget Statement – Capital Expenditure
                                    (municipal vote, standard classification and funding) be noted;
                              7.    that table C6 Monthly Budget Statement – Financial Position be
                                    noted;
                              8.    that table C7 Monthly Budget Statement – Cash flow be noted;
                              9.    that the 20 highest creditors be noted;
                              10.   that it be noted that the Capital Expenditure of Nkangala District
                                    municipality was not received;
                              11.   that Council note that since Council has come into governance the
                                    money owed by them has increased to R100 million; and
                              12.   that the Annual Report be submitted at the next Council meeting.
A.039/12   CONSUMER           1.    That Council approves the implementation of the new method of               FIN
           AGREEMENTS               “services to remain on owner accounts”;
                              2.    that the community be notified by:
                                    2.1      placing an advertisement in the local newspapers; and
                                    2.2      sending notices with the March 2012 consumer accounts;
                              3.    that the implementation date for accounts to remain in the owners
                                    name is to be 1 April 2012;
                              4.    that accounts only be opened if necessary due to the unavailability
                                    of the owner; and
                                                                            27

 RES.          HEADING                                    RESOLUTION                                       RESPONSIBLE
NUMBER                                                                                                     DIRECTORATE

                              5.      that the Credit Control and Debt Collection Policy be amended
                                      accordingly.
A.040/12   SETTLEMENT         That the offer of Lagerway Investments be accepted as follows :                  FIN
           OFFER: LAGERWAY
           INVESTMENT         Total outstanding amount                              R445,117.71
                              Minus interest to be waved with settlement            R 62,374.61
                              Settlement figure                                     R382,743.10
A.041/12   SERVICE DELIVERY   That the Service Delivery and Budget Implementation Plan for the                 MM
           AND       BUDGET   2011/2012 financial year as contained in Annexure “R”, be noted.
           IMPLEMENTATION
           PLANS FOR THE
           2011/2012
           FINANCIAL YEAR
A.042/12   EMALAHLENI         1.     That Council adopts the Emalahleni Anti-Fraud and Anti-                   MM
           LOCAL                     Corruption Strategy with the Implementation Plan for the financial
           MUNICIPALITY              year 2011/2012;
           ANTI-CORRUPTION    2.     that Council adopts the Draft Fraud Response and Prevention
           STRATEGY     AND          Plan as the Emalahleni Fraud Response and Prevention Plan;
           IMPLEMENTATION     3.     that the Emalahleni Anti-Fraud and Anti-Corruption Strategy be
           PLAN                      reviewed annually by an independent Risk Specialist Professional
                                     in order to enhance its credibility and integrity;
                              4.     that the IDP Manager include the Anti-Fraud and Anti-Corruption
                                     Strategy in the IDP and draw up a plan to workshop the Strategy
                                     with the Ward Committees and the Community so that they are
                                     kept on board of developments;
                              5.     that the following elements form an integral part of the Anti-Fraud
                                     and Anti-Corruption Strategy:
                                              5.1     the Annual Risk Assessment of the Anti-Fraud
                                                      and Anti-Corruption Strategy;
                                              5.2     the Fraud Hot line;
                              6.     that the Anti-Fraud and Anti-Corruption Strategy form part of the
                                     Employee Induction Programme and it be discussed at the
                                     community outreach meetings and with Council stakeholders; and
                              7.     that every Director workshop all employees in their Directorate on
                                                                            28

 RES.          HEADING                                    RESOLUTION                                         RESPONSIBLE
NUMBER                                                                                                       DIRECTORATE

                                    the Anti-Fraud and Anti-Corruption Strategy within the next 6
                                    months.




                                                    DATE : 29 MARCH 2012
 RES.          HEADING                                    RESOLUTION                                         RESPONSIBLE
NUMBER                                                                                                       DIRECTORATE

A.043/12   DISCONTINUATION     1.   That Council notes that the PA System was returned to Transnet,              DP
           OF            THE        that it be noted further that the horse and trailer will be taken back
           SPONSORSHIP              at a later stage by Transnet;
           FOR           THE   2.   that the agreement which expired on the 31 March 2011, was not
           TRANSNET                 renewed due to the fact that the focus was shifted to funding the
           THEATRE TRUCK :          Phelo-Phepha Project; and
           CIVIC THEATRE       3.   that it must be noted that the amount of R120 000 was not
                                    deposited into the Municipal’s primary account but into the Civic
                                    centre account.
A.044/12   APPLICATION   TO    1.   That the Council application received from Torbiouse Solutions the           DP
           LEASE A PORTION          authorized agent of Cell C (Pty) Ltd, to lease a portion of Erf 19,
           OF   (PARKSTAND)         Reyno Ridge for the purposes of erecting a 100m²
           ERF 19, REYNO            telecommunication mast and base station with a 35m tree mast for
           RIDGE                    a lease term of 9 years and 11 months at a rental amount of
                                    R2 500-00 per month be approved subject to the following
                                    conditions:
                                    1.1        that the monthly rental amount of R2 500-00 is payable on
                                                     st
                                               the 1 of every month;
                                    1.2        that a 6-month cancellation clause be included in the
                                               lease agreement;
                                    1.3        that the lease amount is subject to an annual escalation
                                                                  29

 RES.    HEADING                               RESOLUTION                                         RESPONSIBLE
NUMBER                                                                                            DIRECTORATE

                                  equal to the CPIX rate;
                        1.4       that the lessee will be responsible for the installation and
                                  connection of all internal municipal services;
                        1.5       that the lessee will be responsible for the services
                                  account of the property and if necessary, for the provision
                                  of separate water and electricity meters;
                        1.6       that it be noted that the Directorate Infrastructure and
                                  Basic Services is in the process of compiling a By-Law
                                  which will regulate the installation of aerials and
                                  equipment on the water towers and that the Lessee will
                                  have to abide with the stipulations of this by-law once
                                  implemented;
                        1.7       that it be noted that in the event that the applicant can not
                                  adhere to the stipulations of the said By-Law, the
                                  cancellation clause of six months will not be applicable
                                  but the lease agreement will be cancelled with immediate
                                  effect;
                        1.8       that access to the property be addressed in conjunction
                                  with and to the approval of the Directorate Infrastructure
                                  and Basic Services;
                        1.9       that all intended improvements to the property will be for
                                  the account of the Lessee to the approval of the Director:
                                  Infrastructure and Basic Services;
                        1.10      that all improvements to the property will become the
                                  property of the Council upon expiry of the lease
                                  agreement, and it must be noted that the Council will not
                                  be oblige to compensate the Lessee for such
                                  improvements;
                        1.11      that the Lessee accepts the responsibilities for the
                                  maintenance of the property;
                        1.12     that no radio equipment will be allowed to interfere with
                                 the Council telemetry system installed at the various
                                 towers; and
                   2.   that all monies that were paid to the developers must be recovered
                        by Council.
                                                                              30

 RES.          HEADING                                       RESOLUTION                                      RESPONSIBLE
NUMBER                                                                                                       DIRECTORATE

A.045/12   APPLICATION   TO     That a registered valuator be appointed to determine a market related            DP
           RENEW THE LEASE      lease price.
           AGREEMENT        :
           PORTION OF ERF
           144, WITBANK –
           CHAMBER       OF
           COMMERCE
A.046/12   BAHLALOGA            1.     That the report on Bahlaloga Technology’s Development and                LED
           TECHNOLOGY’S                Implementation of a Robust Strategy to empower and formalize
           DEVELOPMENT                 the Informal Auto repairers and cooperative businesses be noted;
           AND                  2.     that the LED Unit facilitates the process to find possible
           IMPLEMENTATION              stakeholders that can provide training for the Informal Auto
           OF   A    ROBUST            Repairers; and
           STRATEGY      TO     3.     that the training is supported and the financial implication should
           EMPOWER      AND            be verified.
           FORMALISE    THE
           INFORMAL    AUTO
           REPAIRERS    AND
           COOPERATIVE
           BUSINESSES
A.047/12   THE SOLUTION TO      1.     That the report on a solution to the problem of job seekers              LED
           THE PROBLEM OF              congregating at informal sites within the town of eMalahleni be
           JOB      SEEKERS            noted;
           CONGREGATING         2.     that the municipality identifies community needs that needs urgent
           AT      INFORMAL            consideration; and
           SITES WITHIN THE     3.     that Men on the Side of the Road be requested to make a
           TOWN          OF            presentation to Section 79 : Local Economic Development
           EMALAHLENI                  Committee.
A.048/12   ROLLOUT OF THE       1.     That the report be noted; and                                             PS
           ADMINISTRATIVE       2.     that a budget be allocated for this project in the 2012/2013
           ADJUDICATION OF             financial year.
           ROAD      TRAFFIC
           OFFENCES
           (AARTO)
                                                                             31

 RES.          HEADING                                     RESOLUTION                                      RESPONSIBLE
NUMBER                                                                                                     DIRECTORATE

A.049/12   AMENDMENT     OF    1.    That the following trustees be appointed by Council :                    ARM
           TRUST   DEED   –           1 representative from Council - Executive Mayor – S. Sithole,
           LEOPONT      541           1 representative from the Veterans – Councillor D.M. Skhosana,
           PROPERTIES/                1 representative from the Youth – Councillor H. Mashiyane; and
           EMALAHLENI          2.    that the purpose of the trust is to support the project of the IDP.
           LOCAL
           MUNICIPALITY
A.050/12   WITBANK HOUSING     1.    That Council confirms and ratifies the unconditional appointment         ARM
           CORPORATION     /         of Mr. A.J. Engelbrecht as Acting Municipal Manager on 18 March
           EMALAHLENI                2010;
           LOCAL               2.    that Council confirms and ratifies:
           MUNICIPALITY              2.1     the decision by Mr A.J. Engelbrecht as Acting Municipal
                                             Manager to oppose the application instituted by Anchor
                                             Props 31 (Pty) Ltd t/a Witbank Housing Corporation under
                                             Case number 76256/2009 in the North Gauteng High
                                             Court, Pretoria;
                                     2.2     all steps taken by the Acting Municipal Manager to give
                                             effect to the decision in 2.1 above in opposing the above
                                             application;
                                     2.3     the appointment of Messrs Dolamo Attorneys and David
                                             Siwela Attorneys to act on behalf of the Municipality in
                                             opposing the application;
                                     2.4     each and every step taken by Mr. Dolamo and Mr.
                                             Siwela and David Siwela Attorneys in the execution of its
                                             mandate to date hereof.
A.051/12   THIS ITEM WILL BE   //This item will be dealt with under C.010/12.//
           DEALT        WITH
           UNDER C.010/12.
A.052/12   PROPOSED            1.    That the report on Expanded Public Works Programme Roll Out              ARM
           EMALAHLENI                Project be noted;
           EXPANDED PUBLIC     2.    that the Emalahleni Local Municipality rolls out EPWP on a larger
           WORKS                     scale as per proposal to improve its performance and access more
           PROGRAMME                 of the EPWP grants;
           (EPWP) ROLL-OUT     3.    that the Emalahleni Local Municipality uses the opportunity
                                                                               32

 RES.          HEADING                                        RESOLUTION                                      RESPONSIBLE
NUMBER                                                                                                        DIRECTORATE

           PROJECT                      presented by EPWP to cut on overtime mostly created by
                                        personnel shortage;
                                4.      that all EPWPs be registered accordingly and claimed for as per
                                        gazetted remunerations;
                                5.      that all employed personnel should be categorised as follows:
                                        gender and disability;
                                6.     that a progress report on the roll out project be tabled at the end
                                       of June 2012;
                                7.     that all vacant positions be filled; and
                                8.     that the recruitment be done in terms of Council Recruitment
                                       Policy.
A.053/12   IMPLEMENTATION       That the implementation plan for 2014 to 2018 in respect of the                   FIN
           PLAN     OF    NEW   implementation of the new valuation roll in terms of the Municipal Property
           VALUATION ROLL –     Rates Act, No. 6 of 2004 as follows, be noted:
           MUNICIPAL
           PROPERTY RATES                            ACTION                      DATE
           ACT : 2014 TO 2018
                                 1.    Tender document to Completed              15 March 2012
                                 2.    Advertise the Tender                      22 March 2012
                                 3.    Compulsory Briefing                       11 April 2012
                                 4.    Closing Date of the Tender                24 April 2012
                                 5.    Evaluation of the tender                  15 June 2012
                                 6.    Report to Bid Committees                  29 June 2012
                                 7.    Appointment of Valuer                     30 June 2012
                                 8.              VALUATION ROLL
                                 9.    Submission of draft valuation roll        10 January 2014
                                       and respond
                                 10.   Submission of certified valuation         01 February 2014
                                       roll to the Municipal Manager.
                                 11.   Publish notice for inspection and         22 February 2014
                                       objections to valuation roll, through
                                       local media, notice boards and the
                                       website
                                                                             33

 RES.          HEADING                                     RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                                       DIRECTORATE

                               12.   Last day for inspection of and            30 April 2014
                                     objections to the valuation roll.
                               13.   Submit objections to Municipal            15 May 2014
                                     Valuer.
                               14.   Valuer deals with objections              30 June 2014
                                     promptly
                               15.   Implement valuation roll.                 1 July 2014
A.054/12   VALUE ADDED TAX    1.     That the increase in the VAT savings of R6,446,013 be noted;                FIN
           AUDIT 2010/2011    2.     that the income line item for VAT savings be increased with
                                     R6,446,013.17;
                              3.     that the following expenditure line items be increased by :

                              5510/05/1/05/5707      Tyres                             R 200,000
                              5510/05/1/05/1502      Fuel & Oil                        R 200,000
                              0510/20/1/05/0590      Community participation           R 200,000
                              1010/05/1/06/2001      Audit fees                        R 250,000
                              1010/06/1/06/0300      Bank charges                      R 600,520
                              0510/20/1/13/0601      Provision for leave               R 300,000
                              1010/06/1/08/4500      Professional fees(Maxprof)        R1,289,203
                              7010/10/1/07/0301      Bulk purchase water               R2,000,000
                              8010/25/1/05/5700      Telephone services                R 500,000
                              8010/25/1/10/0302      R+M Building                      R 500,000
                              8010/05/1/10/0302      R+M Chalets                       R 206,290
                              4510/05/1/10/4500      Parks : Contractor Payments       R 200,000
                                             Total                                     R6,446,013

                              4.     that payment of Maxprof be effect as soon as due without council
                                     resolution.
A.055/12   MONTHLY            1.     That it be noted that the monthly financial report with effect from 1       FIN
           FINANCIAL REPORT          July 2009 must comply with the Local Government Municipal
           – JANUARY 2012            Finance Management Act, Act No. 56 of 2003: Municipal Budget
                                     and Reporting Regulations approved in terms of Section 168 of
                                     the Municipal Finance Management Act and approved per
                                     Government Gazette No. 32141 dated 17 April 2009 for
                                                                               34

 RES.         HEADING                                       RESOLUTION                                         RESPONSIBLE
NUMBER                                                                                                         DIRECTORATE

                                      implementation with effect from 1 July 2009;
                             2.       that table C1 s71 Monthly Budget Statement Summary be noted;
                             3.       that table C2 Monthly Budget Statement – Financial Performance
                                      (standard classification) be noted;
                             4.       that table C3 Monthly Budget Statement – Financial Performance
                                      (revenue and expenditure by municipal vote) be noted;
                             5.       that table C4 Monthly Budget Statement – Financial Performance
                                      (revenue and expenditure) be noted;
                             6.       that table C5 Monthly Budget Statement – Capital Expenditure
                                      (municipal vote, standard classification and funding) be noted;
                             7.       that table C6 Monthly Budget Statement – Financial Position be
                                      noted;
                             8.       that table C7 Monthly Budget Statement – Cash flow be noted;
                             9.       that the 20 highest creditors be noted;
                             10.      that it be noted that the Capital Expenditure of Nkangala District
                                      municipality was not received; and
                             11.     that the monthly report be submitted timeously and that the
                                     supporting documents be separately added in the new format.
A.056/12   HAND       OVER   1.       That the report on the progress with debt collections by debt                FIN
           PROGRESS                   collectors be noted; and
           REPORT        –   2.       that note be taken that a legal process is being undertaken to
           JANUARY 2012               verify whether the Service Providers are in breach of contract in
                                      terms of their performance.
A.057/12   PETTY      CASH   That the Petty Cash Management Policy be approved.                                    FIN
           MANAGEMENT
           POLICY
A.058/12   INVESTMENT   OF   That the reviewed Investment of Surplus Funds Policy be approved with                 FIN
           SURPLUS FUNDS     effect from 1 April 2012.

A.059/12   IMPLEMENTATION    1.      That the report on the implementation of revised preferential                 FIN
           OF THE REVISED            procurement regulations as issued by National Treasury be noted;
           PREFERENTIAL      2.      that all evaluation criteria for all relevant price quotations and bids
           PROCUREMENT               must comply with the revised preferential procurement regulations
           REGULATIONS               as issued by National Treasury; and
                                                                             35

 RES.          HEADING                                      RESOLUTION                                      RESPONSIBLE
NUMBER                                                                                                      DIRECTORATE

                              3.      that note be taken that this regulation came into effect from the 7
                                      December 2011.
A.060/12   ASSET              1.      That the Asset Management Policy (as contained in the annexure)           FIN
           MANAGEMENT                 be approved; and
           POLICY             2.      that the two vacant posts in the Assets Management unit be filled.
A.061/12   MUNICIPAL          1.      That the MFMA Circular No. 58 issued by the National Treasury             FIN
           BUDGET CIRCULAR            be noted; and
           FOR THE 2012/13    2.      that the IT Policy be amended accordingly.
           MTREF
A.062/12   NARRATIVE          That the report on the Municipal Strategic Planning Session held at              ARM
           SUMMARY REPORT     Loskop Dam from 16 to 18 November 2011 be noted.
           OF THE STRATEGIC
           PLANNING
           SESSION HELD AT
           LOSKOP       DAM
           FROM 16 TO 18
           NOVEMBER 2011
A.063/12   ANNUAL    REPORT   1.      That the Annual Report of Council for the 2010/2011 financial year        FIN
           2010/2011                  be noted in terms of section 127 of the Municipal Financial
                                      Management Act, No. 56 of 2003, for submission to the Municipal
                                      Public Accounts Committee; and
                              2.      that the attached Auditors General report is dealt with under item
                                      A.068/12.
A.064/12   ADDITIONAL         That the additional report on the Annual Report of Council for the                FIN
           REPORT TO THE      2010/2011 financial year be noted in terms of section 127 of the Municipal
           ANNUAL    REPORT   Financial Management Act, No. 56 of 2003, for submission to the
           2010/2011          Municipal Public Accounts Committee.

A.065/12   REPORT       IN    The threat that Eskom may terminate the electricity supply to the                 IBS
           RESPECT OF THE     municipality still exists unless the payment rate of the municipality
           WRITTEN            increases and councillors should assist in this regard by encouraging their
           QUESTION           constituencies to pay for services.
           SUBMITTED   BY
           COUNCILLOR
                                                                              36

 RES.           HEADING                                      RESOLUTION                                      RESPONSIBLE
NUMBER                                                                                                       DIRECTORATE

            HENRO KRUGER IN
            TERMS OF RULE 51
            OF THE STANDING
            RULES OF ORDER
A.065a/12   DRAFT        IDP    1.   That the Draft 2012/13 – 2016/17 IDP be noted;                              MM
            2012/2013           2.   that the IDP process plan dates for consultation be amended as
                                     follows:

                                     30 March to 11 April      Ward consultation
                                     12 April                  Town cluster Imbizo              17:00
                                     14 April                  Ogies/ Phola                     10:00
                                     14 April                  Ga-Nala/Rietspruit               14:00
                                     15 April                  Empumelelweni cluster &
                                                               Hlalanikahle                     09:00
                                     15 April                  Klarinet                         09:00
                                     16 April                  Lynnville                        17:00
                                     17 April                  Ackerville                       17:00
                                     18 April                  IDP FORUM; and

                                3.   that the comments of the consultation be duly forwarded to the
                                     Acting Municipal Manager Officer.

A.066/12    REVIEWED DRAFT      1.   That Council approves the reviewed Draft Municipal Housing                  DP
            MUNICIPAL                Development Plan;
            HOUSING             2.   that Directorate : Infrastructure & Basic Services submit a Draft
            DEVELOPMENT              Infrastructure Plan on bulk services; and
            PLAN                3.   that the Draft Plan be taken for public participation.
A.067/12    DRAFT     BUDGET:   1.   That the Draft Budget (Annexure “C”) for the 2012/2013 financial            FIN
            2012/2013                year be approved in terms of Section 160(2)(3)(b) of the
            FINANCIAL   YEAR         Constitution of the Republic of South Africa, 1996 (Act 108 of
            AND    FORECASTS         1996), read with Section 16(2) of the Municipal Finance
            2013/2014    AND         Management Act, (Act No. 56 of 2003) as amended as follows:
            2014/2015
                                     1.1        Operating   budget,   expenditure   to   the   amount   of
                                                               37

 RES.    HEADING                              RESOLUTION                                  RESPONSIBLE
NUMBER                                                                                    DIRECTORATE

                                 R1,611,428,991;

                           1.2   Capital program (vote) to the amount of R136,259.000
                                 (Annexure “B”);

                           1.3   Revenue to the amount of R1,611,428,991 broken down
                                 as follows:

                                                R'000        R'000           R'000
                   VOTE                       OPERATING     CAPITAL        REVENUE
                   Executive & Council           57,502,481 2,760,335           11,656
                   Finance                      16,315,0827         0      443,765,442
                   Administration                60,907,847         0        1,775,540
                   Planning & Development        36,095,561         0       10,994,941
                   Health                        15,473,483         0        2,403,000
                   Community & Social            24,091,984         0        5,271,215
                   Services
                   Housing                         10,391,399          0      2,518,385
                   Public Safety                   70,637,131          0     22,595,505
                   Sport & Recreation              24,212,071 18,960,000     14,988,000
                   Environmental                    4,373,947          0         35,171
                   Protection/
                   Management
                   Waste Management                58,730,623          0    60,649,705
                   Waste              Water        50,873,103 54,768,665   123,211,160
                   Management
                   Roads, Storm water            30,807,460 28,500,000      28,540,000
                   Water                        132,450,701 8,970,000      196,288,159
                   Electricity                  845,093,458 22,300,000     692,076,883
                   Other (Market)                26,636,905          0       6,304,229

                   TOTAL                       1,611,428,991 136,259,000 1,611,428,991
                                              38

 RES.    HEADING             RESOLUTION                                    RESPONSIBLE
NUMBER                                                                     DIRECTORATE


                   1.4   that the following sub-functions    under   the
                         abovementioned votes, be noted:

                                Executive & Council:
                                -      Mayor’s Office
                                -      Mayoral Committee
                                -      Speaker
                                -      Council General Expenditure
                                -      Municipal Manager
                                -      Community participation &
                                       communication
                                -      Internal Auditing
                                -      PMS&IDP
                                -      LED & Marketing
                                -      PMU

                                Finance:
                                -      Administration
                                -      Property Rates & Grants
                                -      Expenditure & Financial Planning
                                -      Revenue

                                Administration:
                                -      Administration
                                -      Human Resources
                                -      Stores & Asset Management
                                -      Information Technology
                                -      Fleet
                                -      Property Services

                                Planning & Development:
                                -      Spatial Planning
                                -      Land Use Management
                                -      Administration
                                  39

 RES.    HEADING   RESOLUTION                              RESPONSIBLE
NUMBER                                                     DIRECTORATE


                    Health:
                    -       Primary Health Care Clinics

                    Community & Social Services:
                    -    Cultural Centre
                    -    Community Halls
                    -    Libraries
                    -    Cemeteries
                    -    Administration

                    Housing:
                    -      Housing

                    Public Safety:
                    -       Administration
                    -       Licensing
                    -       Traffic
                    -       Security
                    -       Fire
                    -       Disaster Management

                    Sport & Recreation:
                    -       Parks, Recreation & Sport
                    -       Parks & Sport fields

                    Environmental Protection/Management:
                    -      Environmental Management

                    Waste Management:
                    -      Solid Waste

                    Waste Water Management:
                    -      Sewerage Purification
                    -      Sewerage Network
                                                                40

 RES.    HEADING                              RESOLUTION                                       RESPONSIBLE
NUMBER                                                                                         DIRECTORATE

                                                -        Public Toilets

                                                Roads, Storm water:
                                                -      Roads & Storm water

                                                Water:
                                                -      Water (Purification/Storage)
                                                -      Water Network/Distribution
                                                -      Administration

                                                Electricity:
                                                -        Electricity Distribution
                                                -        Street lighting
                                                -        Administration

                                                Other:
                                                -        Nature Reserve & Resort
                                                -        Market
                                                -        Aerodrome
                                                -        Building Control

                   2.   that the following be noted and confirmed:
                        2.1      that (NERSA) approved a tariff increase of 20.73% while
                                 daily purchases increase with 27.06%. It is therefore
                                 recommended that Council budget for an increase of
                                 20.73%;
                        2.2      that provision of R141,064,674 has been made for
                                 possible irrecoverable debts on the understanding that
                                 strict legal measures will continue to be implemented to
                                 curb losses and non-payment for services;
                        2.3      that it be noted that the total provision for irrecoverable
                                 debts will amount to R614,890,842 being 89.25% of
                                 outstanding debtors of R688,947,607 as at 28 February
                                 2012;
                        2.4      that provision was made for a general salary increase of
                                                              41

 RES.    HEADING                             RESOLUTION                                      RESPONSIBLE
NUMBER                                                                                       DIRECTORATE

                               8.00% across the board with effect from 1 July 2012;
                        2.5    that provision was made for a possible increase of 8.00%
                               in the allowances of Councillors. Municipal Manager and
                               Section 57 Employees (Directors);
                        2.6    that an amount of R181,726,000 million has been
                               provided as “Equitable Share” (National Government);
                        2.7    that the amount in 2.6 has been allocated as follows:
                                                                                               0

                                2.7.1 Free Basic Water – 6 Kl          R 21,718
                                2.7.2 Poverty relief                   R 48,807
                                2.7.3 Operational Budget               R111,201
                                                                       R181,726

                        2.8    that capital items (furniture, machinery, tools, computers,
                               etc.) up to R7,000 each, were provided for on the
                               operational budget as inventory items, in line with the
                               “GAMAP-principles” and also for reasons of simplification
                               of the budget;

                   3.   that normal legal action still be implemented to recover arrear
                        debts, including:

                               3.1     sales in execution;
                               3.2     eviction    orders    in   respect    of    unpaid
                                       rentals/instalments on agreements;

                   4.   that the tariff of charges with reference to the Determination of
                        taxable property values and assessment rates payable
                        (2012/2013) contained in Annexure “D”, be noted;
                   5.   that the tariff of charges, with reference to the under mentioned
                        services, be amended in terms of Section 75A (as amended) of
                        the Local Municipal Systems Act, 32 of 2000 (as amended), read
                        with section 10(g)(7)(a) and (b) of the Local Government
                        Transition Act, No. 209 of 1993 (as amended), with effect from 1
                                                                 42

 RES.    HEADING                             RESOLUTION                                      RESPONSIBLE
NUMBER                                                                                       DIRECTORATE

                        July 2012 and with regard to Annexures “F “ to “Y”:

                           ANNEXURE F          Electricity
                           ANNEXURE G          Water
                           ANNEXURE H          Water (GaNala Entity)
                           ANNEXURE I          Refuse Removal
                           ANNEXURE J          Drainage Services
                           ANNEXURE K          Parking areas
                           ANNEXURE L          Approval of building plans
                           ANNEXURE M          Cultural Centre
                           ANNEXURE N          Rental for community halls in
                                               Lynnville and Schoongezicht
                           ANNEXURE    O       Fire Brigade services
                           ANNEXURE    P       Recreation resort
                           ANNEXURE    Q       Market services
                           ANNEXURE    R       Railway service lines and private
                                               sidings
                           ANNEXURE S          Cemetery Fees
                           ANNEXURE T          Issuing of certificates and the
                                               furnishing of information
                           ANNEXURE U          Library Services
                           ANNEXURE V          Rental of stadiums
                           ANNEXURE W          Service Contributions
                           ANNEXURE X          Rental Hawkers
                           ANNEXURE Y          Spatial Planning
                           ANNEXURE Z          Rental Tariffs – business
                                               properties and flats

                   6.   that the tariff for assessment rates be fixed and amended in terms
                        of section 14(1) of the Municipal Property Rates Act, and section
                        75 (A)1)(a) of the Systems Act, as from 1 July 2012 and with
                        regard to Annexure “D”;
                   7.   that the assessment rates, which are to be levied in terms of (6)
                        above, be payable in 12 equal monthly instalments;
                                                                  43

 RES.    HEADING                                RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                            DIRECTORATE

                   8.     that the execution/purchase of capital projects/items, as contained
                          in the Capital budget be approved in terms of section 19 of the
                          Municipal Finance Management Act ,No 56 of 2003 as per
                          Annexure “B”;
                   9.     that Council continue striving to control expenditure to the absolute
                          minimum, consistent with approved service delivery levels, during
                          the 2012/2013 financial year, but overall limited to the amount of
                          realisable income achieved;
                   10.    that income levels be raised during the coming financial year, by
                          maintaining the actions currently undertaken by Council (including
                          cut off actions, etc. and the normalization process);
                   11.    that reports be submitted to the relevant National and Provincial
                          Departments in accordance with the Act and associated
                          regulations;
                   12.    that both the capital and operational budgets be presented to the
                          relevant National and Provincial Departments;
                   13.    that the Draft Operating MTEF for the period 2012/2013 –
                          2014/2015 as per Annexure “C”, be approved;
                   14.    that the requirements of the Municipal Finance Management Act
                          (Act No. 56 of 2003) as amended, and actions taken, be noted;
                   15.    that the local community be invited to submit representations in
                          terms of S22 (a; ii) of the Municipal Finance Management Act, Act
                          No. 56 of 2003 (as amended) and Section 21 of the Municipal
                          Systems Act, Act No. 32 of 2000 (as amended);
                   16.    that spending on non-priorities like unnecessary travel, inventory
                          furnishings, excessive catering and unwarrented public relation
                          projects be discouraged as per paragraph 4.1 of circular 58 of the
                          Municipal Finance Management Act, Act No 56 of 2003 (as
                          amended);
                   17.    that note be taken of paragraph 4.8 of the Municipal Finance
                          Management Act, Act 56 of 2003 (as amended) circular 58 and its
                          recommendation be implemented in terms of section 167 of the
                          MFMA;
                   18.   that a provision be made for the Grading of the Municipality; and
                   19.   that a plan be prepared on how to deal with the difference between
                                                                           44

 RES.          HEADING                                    RESOLUTION                                      RESPONSIBLE
NUMBER                                                                                                    DIRECTORATE

                                    NERSA’s approved tariffs increase and Eskom’s increase and
                                    Eskom.
A.068/12   REPORT OF THE       1.   That the report of the Auditor-General to the Municipal Council and       FIN
           AUDITOR-GENERAL          the Mpumalanga Provincial Legislature on the financial Statements
           ON      FINANCIAL        and Performance Information of the Emalahleni Local Municipality
           STATEMENTS AND           for the year ended 30 June 2011, be noted;
           PERFORMANCE         2.   that note be taken that the municipality received a qualified Audit
           INFORMATION FOR          opinion from the Auditor-General for the financial year 2010/2011;
           THE YEAR ENDED           and
           30 JUNE 2011        3.   that the queries raised by the Auditor-General in his report be
                                    subjected to investigation regarding the following issues, numbers
                                    7, 9, 12, 17, 20, 35 and 37.
                                                                              45

                                                           DATE : 3 MAY 2012

 RES.          HEADING                                       RESOLUTION                                      RESPONSIBLE
NUMBER                                                                                                       DIRECTORATE

A.069/12   PROGRESS            1.      That the progress report regarding induction training of employees       ARM
           REPORT         ON           be noted; and
           INDUCTION           2.      that a report on HR turnover be submitted on a monthly basis
           TRAINING                    which includes recruitments, retirements and resignations.
A.070/12   MANDATORY           That the Mandatory Grant received from the Local Government Sector               ARM
           GRANT RECEIVED      Education Training Authority (LGSETA) totalling R1,146,770.68 be
           FROM THE LOCAL      allocated to training vote number 1510/10/2/31/5409.
           GOVERNMENT
           SECTOR
           EDUCATION
           TRAINING
           AUTHORITY
           (LGSETA)      FOR
           FINANCIAL PERIOD
           1 JULY 2011 – 29
           FEBRUARY 2012
A.071/12   PROGRESS            1.      That the progress report regarding training of employees and             ARM
           REPORT ON THE               Councillors in terms of the Workplace Skills Plan for the period 01
           IMPLEMENTATION              July 2011 to 29 February 2012, be noted; and
           OF            THE   2.      that in future a report be submitted on a monthly basis with
           WORKPLACE                   regards to the effectiveness of training offered.
           SKILLS PLAN (WSP)
           FOR THE PERIOD 1
           JULY 2011 – 29
           FEBRUARY 2012
A.072/12   HAND        OVER    1.      That the report on the progress with collections be noted; and            FIN
           PROGRESS            2.      that the contracts of the Service Providers who are in breach of
           REPORT – 1 TO 29            their contracts be terminated and that they are advised
           FEBRUARY 2012               accordingly.
                               3.
                                                                              46

 RES.          HEADING                                      RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                                        DIRECTORATE

A.073/12   BORROWING          1.      That the Borrowing Policy be approved by council; and                       FIN
           POLICY             2.      that a workshop be conducted for all Councillors and Officials.
A.074/12   BUDGET POLICY      That the Budget Policy be approved by council.                                      FIN

A.075/12   CASH               That the council approves the Cash Management Policy.                               FIN
           MANAGEMENT
           POLICY
A.076/12   MONTHLY            1.      That it be noted that the monthly financial report with effect from 1       FIN
           FINANCIAL REPORT           July 2009 must comply with the Local Government Municipal
           - FEBRUARY 2012            Finance Management Act, Act No. 56 of 2003: Municipal Budget
                                      and Reporting Regulations approved in terms of Section 168 of the
                                      Municipal Finance Management Act and approved per
                                      Government Gazette No. 32141 dated 17 April 2009 for
                                      implementation with effect from 1 July 2009;
                              2.      that table C1 s71 Monthly Budget Statement Summary be noted;
                              3.      that table C2 Monthly Budget Statement – Financial Performance
                                      (standard classification) be noted;
                              4.      that table C3 Monthly Budget Statement – Financial Performance
                                      (revenue and expenditure by municipal vote) be noted;
                              5.      that table C4 Monthly Budget Statement – Financial Performance
                                      (revenue and expenditure) be noted;
                              6.      that table C5 Monthly Budget Statement – Capital Expenditure
                                      (municipal vote, standard classification and funding) be noted;
                              7.      that table C6 Monthly Budget Statement – Financial Position be
                                      noted;
                              8.      that table C7 Monthly Budget Statement – Cash flow be noted;
                              9.      that the 20 highest creditors be noted; and
                              10.     that a zero sales report on pre-paid meters be submitted to the
                                      committee.
A.077/12   REPORT      ON     1.      That the report on Special Economic Zones Policy be noted;                 LED
           SPECIAL            2.      that permission be granted by Council to apply to the Minister of
           ECONOMIC ZONES             Department of Trade and Industry and Provincial Department of
           POLICY                     Trade and Industry to seek advice on the establishment and
                                      development of Special Economic Zones; and
                                                                              47

 RES.          HEADING                                      RESOLUTION                                      RESPONSIBLE
NUMBER                                                                                                      DIRECTORATE

                                3.     that an investigation be conducted to explore co- operation
                                       between Emalahleni Local Municipality and Steve Tshwete
                                       Municipality with regard to the Special Economic Zones.
A.078/12   FINAL        DRAFT   That the final draft of the Local Economic Development Plan 2011-2016 be       LED
           LOCAL ECONOMIC       approved.
           DEVELOPMENT
           PLAN 2011-2016
A.079/12   2012/2013        –   1.     That the 2012/2013 year IDP be adopted; and                              MM
           2016/2017 IDP        2.     that all projects in the strategy be incorporated in the IDP.
A.080/12   SECOND      PHASE    1.     That it be noted that a new Cenotaph in memory of those who died         MM
           CENOTAPH                    in the fight against apartheid in the Nkangala District has been
           PROJECT         IN          constructed in the revamped Lynnville Park;
           MEMORY OF THE        2.     that it be noted that Emalahleni Local Municipality has been
           VICTIMS OF THE              chosen as the host of the Cenotaph in the Nkangala District;
           APARTHEID            3.     that the Cenotaph project be noted, approved and supported; a
           CONFLICT             4.     that the municipality continue with the maintenance of the
                                       Cenotaph as previously agreed with the Department of Arts,
                                       Culture, Sport and Recreation regarding the maintenance of the
                                       Cenotaph and matters related thereto; and
                                5.     that Emalahleni Local Municipality be given another opportunity to
                                       submit names that do not appear on the Cenotaph.
A.081/12   COMMUNITY WORK       1.     That it be noted the municipality have been identified and invited      LED
           PROGRAMME                   to participate in the Community Work Programme;
                                2.     that the participation in the programme be approved;
                                3.     that the Executive Mayor in consultation with the Member of
                                       Mayoral Committee for Local Economic Development and the
                                       Municipal Manager be delegated to identify the required two wards
                                       to participate in the Community Work Programme; and
                                4.     that quarterly progress reports on the implementation of the
                                       Community Work Programme be submitted to Council.



                                                          DATE : 7 JUNE 2012
                                                                             48



 RES.          HEADING                                     RESOLUTION                                       RESPONSIBLE
NUMBER                                                                                                      DIRECTORATE

A.082/12   PROPOSAL     TO 1.        That Council approves the hosting of the eMalahleni Jazz Concert          DDP
           HOST EMALAHLENI           scheduled to take place on the 30 September 2012;
           JAZZ CONCERT AT 2.        that the event be co-ordinated by the Cultural Centre due to the
           THE    DAM     :          fact that it is an Arts & Culture promotion event;
           UMVUZOWETHU      3.       that proceeds from the event after costs, be split between the
           PROMOTIONS                Emalahleni Local Municipality and Umvuzowethu Promotions at a
                                     50/50 proportion;
                             4.      that the 50% amount to the Council be used for the contribution
                                     to the costs of staging the following year’s event to make the event
                                     sustainable;
                             5.      that Umvuzowethu Promotions pay an amount of R40 000-00
                                     booking fee in advance and a refundable amount of R6 612–00
                                     breakage fee;
                             6.      that a further R5 000-00 that is refundable if all areas used are
                                     cleaned up and rubbish removed within 12 hours after their event.
                                     If the area is not cleaned up Umvuzowethu Promotions will forfeit
                                     the said deposit;
                             7.      that a Disaster Management team comprising of Umvuzowethu
                                     Promotions,        the Directorate: Development Planning, the
                                     Directorate: Public Safety, the Directorate: IBS, the South African
                                     Police Services, the Communications Manager, the Emergency
                                     Medical Care and Response Services be established to deal with
                                     Safety and Security issues;
                             8.      that the Ward Councillor be involved so that the Bankenveld
                                     residents could be informed about the festival; and
                             9.      that bids be invited on an annual basis to host eMalahleni Jazz
                                     Concert at the dam.
A.083/12   AMENDMENT    OF   That resolution A.103/11(nc) dated 13 December 2011 be amended to                 DDP
           COUNCIL           read as follows:
           RESOLUTION
           A.103/11(NC)              That the application received from Korsman van Wyk Town and
           DATED         8           Regional Planners, the authorized agent of Pres Medical Witbank
           DECEMBER 2011 :           (PTY) Ltd the owners of Erven 102, 103, 104 and 106, eMalahleni
                                                                   49

 RES.        HEADING                             RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                             DIRECTORATE

         PURCHASE OF THE    in terms of Section 14 of the Municipal Finance and Management
         SERVICE    LANE    Act, 2003 to purchase the service lane situated between Erven
         SITUATED           102 and 103, eMalahleni for the purpose of consolidating the
         BETWEEN ERVEN      service lane with Erven 102 and 103, eMalahleni and to use the
         102   AND   103,   property for a Hospital, Day Clinic and Offices be approved subject
         eMALAHLENI         to the following conditions:

                            1.     that a registered valuator be appointed to determine the
                                   selling price to the approval of the Chief Financial Officer;
                            2.     that the sanitary lane be closed permanently in terms of
                                   the provisions of Section 67 of the Local Government
                                   Ordinance, 1939,
                            3.     that the portion of the sanitary lane situated between
                                   Erven 102 and 103, eMalahleni be rezoned to the same
                                   zoning of Erven 102 and 103 and be consolidated with the
                                   two erven, of which the cost will be for the account of the
                                   applicant;
                            4.     that the rezoning, subdivision and consolidation
                                   applications as required in terms of resolution (3) above
                                   be addressed in a separate report as the applications are
                                   submitted to Council for consideration;
                            5.     that the applicant takes note that the Municipality must
                                   always have access to the main sewer line that runs
                                   between the two erven;
                            6.     that should there be any services between the Erven 102
                                   and 103, which would need relocation or upgrade, or
                                   needs to be registered into servitudes, all costs shall be
                                   for the applicant’s account;
                            7.     that no permanent structure, concrete surface bed,
                                   concrete strip foundations or columns for a structure will
                                   be allowed in or across the servitude;
                            8.     that access to the property be allowed at any time to the
                                   councils maintenance team, should any blockage occur in
                                   the existing sewer line;
                            9.     that no manhole may be damaged or covered with soil;
                                                                                50

 RES.          HEADING                                        RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                                          DIRECTORATE

                                       10.      that the Council will be indemnified against any claim that
                                                may occur from the sewer line situated on the property (i.e
                                                sewer spillage, pollution, maintenance etc.); and
                                       11.      that the alienation and transfer of the property be finalized
                                                within 6 months from date of acquiring the applicable
                                                rights and approval of the subdivision and consolidation,
                                                and that all transfer cost will be for the account of the
                                                applicant.
A.084/12   APPLICATION    TO   That the application received from Carlos de Melo of Tubular Property               DDP
           LEASE ERVEN 465     Investments (PTY) LTD to lease Erven 465 and 466, Klarinet (Industrial)
           AND 466, KLARINET   for the purposes of storage for a lease term of 9 years and 11 month in
           (INDUSTRIAL)        terms of the provisions of Section 14 of the Municipal Finance
                               Management Act 2003 and Section 3.2 of the Disposal and Acquisition of
                               Immovable Property Policy of Council 2008 be approved subject to the
                               following conditions:

                               1.      that the Acting Chief Financial Officer appoints a valuator to
                                       determine the rental value for the properties;
                               2.      that the lease amount be subject to an annual escalation equal to
                                       the CPIX rate;
                               3.      that the lease period be 9 years and 11 months;
                               4.      that a detailed Site Development Plan (SDP) on a prescribed
                                       scale be submitted to Council for approval;
                               5.      that a 6-month cancellation clause be included in the lease
                                       agreement;
                               6.      that the applicant be responsible for the installation and
                                       connection of all the municipal services;
                               7.      that no permanent structures be built on site without the written
                                       approval of Council;
                               8.      that the lessee be responsible for the services account of the
                                       property and if necessary, for the provision of separate water and
                                       electricity;
                               9.      that all intended improvements to the property be for the account
                                       of the lessee and to the approval of the Director: Infrastructure and
                                       Basic Services;
                                                                             51

 RES.          HEADING                                    RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                                      DIRECTORATE

                              10.   that building plans be submitted to the Building Control Section for
                                    approval;
                              11.   that the applicant maintains the site at his/her cost;
                              12.   that no development will be allowed on site prior to the approval of
                                    the Site Development Plan and building plans must be submitted
                                    before commencing by the applicant;
                              13.   that the properties be fenced off by the applicant; and
                              14.   that upon the expiry of the lease agreement all development on
                                    site if not demolished will remain the property of Council or Council
                                    will demolish the structure at the cost of the applicant.
A.085/12   THE    REVIEWED    1.    That Council considers and adopts the reviewed Draft Housing               DDP
           DRAFT    HOUSING         Allocation Policy; and
           ALLOCATION         2.    that the reviewed Draft Policy be taken for public participation.
           POLICY
A.086/12   PROGRESS           1.    That the progress report on the implementation of the Klarinet             DDP
           REPORT ON THE            Integrated Housing Project be noted;
           BENEFICIARY        2.    that the remaining 58 families be dealt with as follows :
           ADMINISTRATION
           UNDER        THE                   STAND    NAME &           STATUS          ACTION
           KLARINET                           NO.      SURNAME
           INTEGRATED                   1     A31      MAPASSE M.C      NON SOUTH       Report to Home
                                                       1984058954       AFRICAN         Affairs to
           HOUSING PROJECT                                                              institute Legal
                                                                                        Action.
                                        2     A36      MAWAWA C         NON SOUTH       Report to Home
                                                       1979C 008760     AFRICAN         Affairs to
                                                                                        institute Legal
                                                                                        Action.
                                        3     A37      MBOANE E.S       NON SOUTH       Report to Home
                                                       198300425        AFRICAN         Affairs to
                                                                                        institute Legal
                                                                                        Action.
                                        4     A65      VILONCULOS R     NON SOUTH       Report to Home
                                                       1972AC 123100    AFRICAN         Affairs to
                                                                                        institute Legal
                                                                                        Action.
                                                 52

 RES.    HEADING                RESOLUTION                                  RESPONSIBLE
NUMBER                                                                      DIRECTORATE

                   5    A62   CHUWA           NON SOUTH   Report to Home
                                              AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   6    A68   VAVINGUE S.C    NON SOUTH   Report to Home
                              1962 A3396057   AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   7    B37   GUAMBE A        NON SOUTH   Report to Home
                              (NON S.A)       AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   8    B41   NON S.A (NON    NON SOUTH   Report to Home
                              S.A)            AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   9    B43   COVANE S.A      NON SOUTH   Report to Home
                              (S.A)           AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   10   B45   ZITHU (NON      NON SOUTH   Report to Home
                              S.A)            AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   11   B47   MACANHANGA      NON SOUTH   Report to Home
                              SE R.F ( NON    AFRICAN     Affairs to
                              S.A)                        institute Legal
                                                          Action.
                   12   B51   MATICUCULO      NON SOUTH   Report to Home
                              M.(NON S.A)     AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   13   B57   MAMBIQUE M.A    NON SOUTH   Report to Home
                              006281          AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   14   B58   KHOZA S. (NON   NON SOUTH   Report to Home
                              S.A)            AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   15   B73   NICOLOURS       NON SOUTH   Report to Home
                              (NON S.A)       AFRICAN     Affairs to
                                                          institute Legal
                                                 53

 RES.    HEADING                 RESOLUTION                                 RESPONSIBLE
NUMBER                                                                      DIRECTORATE

                                                          Action.
                   16   B101   FACITELA J.M   NON SOUTH   Report to Home
                               (NON S.A)      AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   17   C102   JOSEPH (NON    NON SOUTH   Report to Home
                               S.A)           AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   18   C112   ALFANZO (NON   NON SOUTH   Report to Home
                               S.A)           AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   19   C122   ROGERIO        NON SOUTH   Report to Home
                               AB34017        AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   20   C57    JOSEF          NON SOUTH   Report to Home
                                              AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   21   C60    GABRIEL G      NON SOUTH   Report to Home
                                              AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   22   F5     MASSIGUE       NON SOUTH   Report to Home
                               (NON S.A)      AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   23   A74    TSOPE          NON SOUTH   Report to Home
                                              AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   24   C132                  NON SOUTH   Report to Home
                                              AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   25   C133                  NON SOUTH   Report to Home
                                              AFRICAN     Affairs to
                                                          institute Legal
                                                          Action.
                   26   C134                  NON SOUTH   Report to Home
                                              AFRICAN     Affairs to
                                                  54

 RES.    HEADING                  RESOLUTION                                   RESPONSIBLE
NUMBER                                                                         DIRECTORATE

                                                             institute Legal
                                                             Action.
                   27   C135                   NON SOUTH     Report to Home
                                               AFRICAN       Affairs to
                                                             institute Legal
                                                             Action.
                   28   C138    BELLIA BENTO   NON SOUTH     Report to Home
                                               AFRICAN       Affairs to
                                                             institute Legal
                                                             Action.
                   29   C143    ALBINO         NON SOUTH     Report to Home
                                               AFRICAN       Affairs to
                                                             institute Legal
                                                             Action.
                   30   C168    ALEXANREA      NON SOUTH     Report to Home
                                               AFRICAN       Affairs to
                                                             institute Legal
                                                             Action.
                        TOTAL                   Non South            30
                                                 Africans

                        STAND   NAME &         STATUS        ACTION
                        NO.     SURNAME
                   1    B9      BATHWENG J.S   EARNS MORE    Credit linked
                                               R3500.00      subsidy with
                                                             ABSA
                   2    C24     NGWENYA        EARNS MORE    Credit linked
                                               R3500         subsidy with
                                                             ABSA
                        TOTAL                   Earns more            2
                                                   than
                                                R 3 500.00

                        STAND   NAME &         STATUS        ACTION
                        NO.     SURNAME
                   1    A19     NGWANA E       DID NOT       Piet Koornoff
                                               DISCLOSE      Building to
                                               MARITAL       explain
                                               STATUS        situation.
                   2    A60     MASIYA S M     DID NOT       Piet Koornoff
                                               DISCLOSE      Building to
                                               MARITAL       explain
                                               STATUS        situation.
                                                 55

 RES.    HEADING                  RESOLUTION                                   RESPONSIBLE
NUMBER                                                                         DIRECTORATE


                        TOTAL                  Did not               2
                                              disclose
                                            marital status.

                        STAND   NAME &      STATUS            ACTION
                        NO.     SURNAME
                   1    B68     UNKNOWN     NOT               Demolish with
                                            AVAILABLE         Public Safety.
                   2    B90     UNKNOWN     NOT               Demolish with
                                            AVAILABLE         Public Safety.
                   3    C14     UNKNOWN     NOT               Demolish with
                                            AVAILABLE         Public Safety.
                   4    C62     UNKNOWN     NOT               Demolish with
                                            AVAILABLE         Public Safety.
                   5    C157    UNKNOWN     NOT               Demolish with
                                            AVAILABLE         Public Safety.
                   6    C159    UNKNOWN     NOT               Demolish with
                                            AVAILABLE         Public Safety.
                   7    C162    UNKNOWN     NOT               Demolish with
                                            AVAILABLE         Public Safety.
                   8    C84     UNKNOWN     NOT               Demolish with
                                            AVAILABLE         Public Safety.
                   9    C181    UNKNOWN                       Demolish with
                                                              Public Safety.
                   10   C182    UNKNOWN                       Demolish with
                                                              Public Safety.
                   11           UNUMBERED                     Demolish with
                                SHACK                         Public Safety.
                   12           UNUMBERED                     Demolish with
                                SHACK                         Public Safety.
                   13           UNUMBERED                     Demolish with
                                SHACK                         Public Safety.
                   14           UNUMBERED                     Demolish with
                                SHACK                         Public Safety.
                   15           UNUMBERED                     Demolish with
                                SHACK                         Public Safety.

                        TOTAL               Not available/           15
                                             Unknown

                        STAND   NAME &      STATUS            ACTION
                                                                           56

 RES.          HEADING                                   RESOLUTION                                      RESPONSIBLE
NUMBER                                                                                                   DIRECTORATE

                                              NO.     SURNAME
                                        1     C78     MONARENG        DID NOT          EVICTION
                                                                      APPLY
                                        2     C119    LESEKANA        DID NOT          EVICTION
                                                                      APPLY
                                        3     C68     THOMO C         HAS NO ID        EVICTION
                                        4     C70     NKOSI V         DID NOT          EVICTION
                                                                      APPLY
                                        5     C120    NGOBENI         REFUSED TO       EVICTION
                                                                      APPLY

                                              TOTAL                                          5

                                              STAND   NAME &          STATUS           ACTION
                                              NO.     SURNAME
                                        1     A16     KUBHEKA W       BENEFITED        Reception Area
                                                                      BEFORE
                                        2     C160    MNGUNIA         FAILED           Reception Area
                                                      THOKO           SEARCHES
                                                                      CONF

                                              TOTAL                     Received             2
                                                                         benefits
                                                                       before/failed
                                                                        searches

                                              STAND   NAME &          STATUS           ACTION
                                              NO.     SURNAME
                                        1     B46     MATHONSI        APPROVED         Relocate
                                                      L.M.J

                                              TOTAL                     Approved             1

                               3.   that all Springvalley community be relocated; and
                               4.   that a Relocation Committee be established in Springvalley to deal
                                    with the relocation process.
A.087/12   APPLICATION   TO    1.   That the application received from Dennis Malinga and Hephzibar         DDP
           LEASE   ERF   73,        Nonkululeko Mkhatshwa to lease Erf 73 (24 234m²) or 74,
           FERROBANK                Ferrobank (23 647m²) for the purposes of conducting a scrap
           EMALAHLENI TO BE         metal collection, in terms of the provisions of Section 14 of the
                                                                 57

 RES.       HEADING                            RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                           DIRECTORATE

         USED FOR SCRAP   Municipal Finance Management Act, 2003, read in conjunction
         METAL            with Section 3.2.1.1(b)i of the Disposal and Acquisition of
         COLLECTION AND   Immovable Properties Policy of the Council (A058/08 dated 27
         RECYCLING   AS   March 2008) for a period of nine years and eleven months by
         PART OF LOCAL    means of a private treaty, be approved subject to the following
         ECONOMIC         conditions:
         DEVELOPMENT
         PROJECT          1.1    that a monthly rental of R15 994-44(excl VAT) will be
                                 applicable for Erf 73 and a monthly rental of R15 607-02
                                 (excl. VAT) to Erf 74, as determined by the Chief
                                 Financial Officer in terms of the approved rental tariffs in
                                 the current budget;
                          1.2    that an escalation equal to the CPIX at the end of a 12
                                 month period be applicable;
                          1.3    that a cancellation clause of 6 months be applicable;
                          1.4    that the lease agreement shall be subject to any
                                 stipulations in any     relevant Act, Ordinance or By-law
                                 pertaining thereto;
                          1.5    that it be noted that services can be made available to the
                                 property of which the cost will be for the account of the
                                 lessee;
                          1.6    that the provision of all municipal services and all services
                                 connection fees will be for the account of the lessee;
                          1.7    that the property be used for the purposes of scrap metal
                                 collection only;
                          1.8    that no permanent structures may be erected on the
                                 property, without written approval of the Council;
                          1.9    that no improvements will be allowed on site prior to
                                 obtaining the necessary approval as mentioned in 1.10
                                 and approval of the necessary building plans;
                          1.10   that it be noted that in the event that improvements are
                                 allowed on the property, that the lessee must remove such
                                 improvements upon expiry of the lease agreement of
                                 which all cost will be for his account, failing which the
                                 Council will have the prerogative to demolish the
                                                                           58

 RES.          HEADING                                   RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                                     DIRECTORATE

                                            improvements at the cost of the Lessee or alternatively
                                            keep the improvements, becoming Council’s property and
                                            that the Council can’t be held liable for any cost incurred
                                            by the Lessee;
                                    1.11 that the maintenance to maintain, improve, repair and
                                            keep the property in any state fit for the purposes of the
                                            lease will be the responsibility of the lessee and the
                                            Council will not be obliged to compensate the Lessee
                                            upon termination of the Lease agreement, for any such
                                            cost incurred by the Lessee;
                                   1.12     that no property is to be leased to any person that is not
                                            competent to enter into an agreement and if it is
                                            established that it is the case, the Lease Agreement in this
                                            regard will be considered null and void by the Local
                                            Municipality and the Purchaser will forfeit any moneys
                                            paid;
                                   1.13     that the property is leased “voetstoots” and the Local
                                            Municipality shall not be liable for any defects, latent or
                                            otherwise. The Local Municipality will accept that the
                                            Lessee has familiarized him/her with the condition of the
                                            property. The Local Municipality does not warrant or make
                                            any representation that the Property is fit for use for any
                                            purpose, whatsoever; and
                                   1.14     that the applicant enters into a lease agreement
                                            containing all the above mentioned conditions of approval
                                            of the application with Council.
A.088/12   EMERGENCY          1.   That the emergency purchase report in terms of Section 38(2) of             IBS
           PURCHASES               the Supply Chain Management Policy, for the period 13 December
           REPORT AS PER           2011 to 13 February 2012 be noted;
           SECTION 38(2) OF   2.   that these reports be submitted in terms of applicable legislation;
           THE SUPPLY CHAIN        and
           MANAGEMENT         3.   that a forensic investigation be conducted by an independent
           POLICY DECEMBER         investigator into all emergency transactions since the inception of
           2011 TO FEBRUARY        the existing Council.
           2012
                                                                               59

 RES.          HEADING                                       RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                                         DIRECTORATE

A.089/12   DIRECTORATE     :   1.      That the challenges and the current status of the projects in               IBS
           INFRASTRUCTURE              progress in Infrastructure & Basic Services up to 23 March 2012,
           & BASIC SERVICES            be noted; and
           PROGRESS            2.      that all Directors submit on a quarterly basis with effect from 1 May
           PROJECT REPORT              2012, reports on all capital projects.
           AS AT 23 MARCH
           2012
A.090/12   DISPOSAL OF 2 X     1.       That the contents of the report on the disposal of 2 X 40 MVA              IBS
           40           MVA             Transformers be noted;
           TRANSFORMERS        2.       that the 2 x 40 MVA Transformers be taken off the Asset Register;
                                        and
                               3.       that the amount of R330,757.00 be utilised to purchase 2 X LDV’s
                                        for the electrical maintenance section.
A.091/12   VIREMENT      OF    1.       That virement be done as follows: from Vote Lines as per TABLE             IBS
           FUNDS – CAPITAL              A 1, an amount of R889,668-00 to Vote Line 7510/05/4/01/0907:
           PROJECTS        :            Electrification Empumelelweni;
           ELECTRIFICATION     2.       that it be noted that the Bids closed on 31 October 2011 and only
           OF                           after the evaluation had been done could the shortfall be
           EMPUMELELWENI                determined; and
                               3.       that it be noted that the connection of 500 households is a
                                        contractual matter between Council and the DOE, and not
                                        honouring the full commitment will result in non-compliance and
                                        negatively affect future funding for the electrification process.
A.092/12   REPORT ON THE       That the item be referred back for further investigation with regards to the        PS
           ROLL-OUT PLAN OF    legality regarding payment of staff who are not linked to the organigram
           THE          LAW    and a detailed budget with regards to the 85 officers in terms of salary
           ENFORCEMENT         levels amongst other issues.
           UNIT
A.093/12   COMPUTERISED        That the item be referred back until such time that the Provincial                  PS
           LEARNER LICENSE     Administration requests the implementation of a computerized learner
           TESTING SYSTEM      licence testing system.
A.094/12   MUNICIPAL           That the item be referred back in order to allow the Acting Chief Financial        ARM
           COUNCILLORS         Officer to report at the June 2012 Council meeting in detail with regards to
           EXEMPTED FROM       UIF deductions since 2002.
                                                                                  60

 RES.          HEADING                                         RESOLUTION                                         RESPONSIBLE
NUMBER                                                                                                            DIRECTORATE

           PAYMENT OF UIF
           CONTRIBUTIONS
A.095/12   DRAFT                1.      That the Human Resource Development Sub-Committee proceeds                   ARM
           WORKPLACE                    with the compilation of a Draft Workplace Skills Plan for the
           SKILLS PLAN (WSP)            financial year 2012/2013 and submit it to the Section 79
           FOR           THE            Committee and then to the Local Labour Forum;
           FINANCIAL PERIOD     2.      that the finalized report be tabled to Council for approval;
           01 JULY 2012 – 30    3.      that Ms T. Mtsweni, H.R. Officer (HRD) interact with all MMC’s in
           JUNE 2013 AND                order to establish training needs; and
           ANNUAL TRAINING      4.      that a partnership be entered into between Council and the
           REPORT (ATR) FOR             Tshwane University of Technology to provide training programmes
           01 JULY 2011 - 30            for Councillors.
           JUNE 2012
A.096/12   DONATION       OF    1.      That the report on the donation of traffic pointsmen uniforms                ARM
           UNIFORMS      FOR            consisting of the following: pants, shirts, shoes, reflector vests and
           POINTSMEN      OF            caps that were handed to traffic pointsmen on 9 May 2012 be
           EMALAHLENI:                  noted; and
           EXPANDED PUBLIC      2.      that a letter of appreciation to Mesdames Sandra van der Walt
           WORKS                        (Highveld Mall) and Hazel Stilianou (The Ridge Casino) be written.
           PROGRAMME
           (EPWP):
A.097/12   HAND        OVER     That the report on the progress with collections be noted.                            FIN
           PROGRESS
           REPORT : 1 – 31
           MARCH 2012
A.098/12   SUPPLY      CHAIN    1.      That the progress report on the execution of capital projects                 FIN
           MANAGEMENT      –            (appointment of consultants and contractors) of Council for the
           QUARTERLY                    quarter January - March 2012 be noted;
           REPORT         ON    2.      that the criteria applied and the analysis of the specific goals in the
           CAPITAL                      awarding of tenders to consultants and contractors is attached as
           PROJECTS         :           Annexure “U”, be noted;
           2011/2012            3.      that the report be made public in terms of Supply Chain Regulation
           FINANCIAL    YEAR            6 (4); and
           (JANUARY 2012 –      4.      that a detailed report on Bid No. 64/2011 for the supply and
                                                                             61

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           MARCH 2012)               delivery of 3 compactor trucks be submitted to Council addressing
                                     the Bid Specifications, the budgeted amount, the actual
                                     expenditure and what actually was delivered compared to the
                                     specifications amongst others be explained as well as all
                                     variations.
A.099/12   MONTHLY            1.     That it be noted that the monthly financial report with effect from 1       FIN
           FINANCIAL REPORT          July 2009 must comply with the Local Government Municipal
           – MARCH 2012              Finance Management Act, Act No. 56 of 2003: Municipal Budget
                                     and Reporting Regulations approved in terms of Section 168 of
                                     the Municipal Finance Management Act and approved per
                                     Government Gazette No. 32141 dated 17 April 2009 for
                                     implementation with effect from 1 July 2009;
                              2.     that table C1 s71 Monthly Budget Statement Summary be noted;
                              3.     that table C2 Monthly Budget Statement – Financial Performance
                                     (standard classification) be noted;
                              4.     that table C3 Monthly Budget Statement – Financial Performance
                                     (revenue and expenditure by municipal vote) be noted;
                              5.     that table C4 Monthly Budget Statement – Financial Performance
                                     (revenue and expenditure) be noted;
                              6.     that table C5 Monthly Budget Statement – Capital Expenditure
                                     (municipal vote, standard classification and funding) be noted;
                              7.     that Capital Expenditure of Nkangala District Municipality be
                                     noted;
                              8.     that table C6 Monthly Budget Statement – Financial Position be
                                     noted;
                              9.     that table C7 Monthly Budget Statement – Cash flow be noted;
                              10.   that the 20 highest creditors be noted; and
                              11.   that a progress report on Revenue Enhancement be submitted at
                                    the next Council meeting with specific reference to the
                                    contributions by the business sector.
A.100/12   COUNCIL     BANK   1.    That council notes the content of the report about the Council’s             MM
           ACCOUNT                  cheque signatories;
           SIGNATORIES        2.    that Council notes the legislation requirements: Municipal Finance
           REPORT                   Management Act, 56 of 2003, section 11 states that “only the
                                    Accounting Officer or the Chief Financial Officer of a municipality,
                                                                 62

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                        or any other senior financial official of the municipality acting on
                        the written authority of the Accounting Officer, may withdraw
                        money or authorize the withdrawal of money from any of the
                        municipality’s bank account, and may do so only-“;
                   3.   that the management Committee approves the segregation of
                        duties by officials of the Council;
                   4.   that the management approves the signing of cheques as per the
                        under mentioned schedule:

                           Category A         Category B         Threshold
                                                                 amounts

                           Municipal          Chief Financial    R500 000 and
                           Manager            Officer            above
                           Chief Financial    Deputy    Chief    R100 000 to
                           Officer            Financial          R500 000
                                              Officer
                           Deputy    Chief    Head               R50 000        to
                           Financial          Expenditure        R100 000
                           Officer
                           Deputy    Chief    Head Revenue       R20 000 to R50
                           Financial                             000
                           Officer
                           Head               Head Revenue       R1 to R20 000
                           Expenditure

                   5.   that the officials at the category A should sign with the officials at
                        category B;
                   6.   that to obtain and provide for the authorization of any other senior
                        financial official of the municipality to withdraw money or authorize
                        the withdrawal of money from any of the municipality’s bank
                        account and defrayment of expenditure appropriated in terms of an
                        approved budget and related provisions; and
                   7.   that the Council approves the report.
                                                                                 63

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A.101/12   MUNICIPAL PUBLIC     1.     That the council note the report on the training of municipal public          MM
           ACCOUNTS                    accounts committee members by Mpumalanga provincial
           COMMITTEE                   legislature in partnership with SALGA Mpumalanga and
           TRAINING                    department of cooperative governance which took place at
                                                                             th  th
                                       Nkangala District Municipality on 8 -10 May 2012;
                                2.     that the council note the clarity brought about the roles and
                                       functions to be performed by the committee (MPAC), other section
                                       79 committees section 80 committee in assisting council to
                                       discharge its role; responsibilities and obligations;
                                3.     that the council note that the function of the committee is
                                       dependent on the developed work programme approved by
                                       council as the annual work programme;
                                4.     that the council note that the committee may perform any other
                                       functions assigned to it trough a resolution of council within its area
                                       of responsibility, and
                                5.     that the council note the distinguishing feature of the committee
                                       from other committees as follows:

                                        5.1    it strengthens the institutional oversight arrangements.
                                        5.2.   it deals with issues as referred to if by council which fall
                                               outside the approved work programme.
A.102/12   REPORT          IN   That Council notes that a progress report will be submitted at the next              MM
           RESPECT OF THE       meeting.
           WRITTEN
           QUESTION
           SUBMITTED      BY
           HONOURABLE
           COUNCILLOR ROY
           CRONJE IN TERMS
           OF RULE 51 OF THE
           EMALAHLENI
           LOCAL
           MUNICIPALITY
           STANDING RULES
           OF ORDER
                                                                               64

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A.103/12   REPORT          IN   That Council takes note that the questions raised by Councillor Roy Cronje       MM
           RESPECT OF THE       will be appropriately answered once a response by the Department of
           WRITTEN              Mineral Resources is received and an item in this regard will be submitted
           QUESTION             at the next meeting.
           SUBMITTED      BY
           HONOURABLE
           COUNCILLOR ROY
           CRONJE IN TERMS
           OF RULE 51 OF THE
           EMALAHLENI
           LOCAL
           MUNICIPALITY
           STANDING RULES
           OF ORDER
A.104/12   REPORT          IN   That Council takes note of the response to the question raised by                MM
           RESPECT OF THE       Councillor Roy Cronje.
           WRITTEN
           QUESTION
           SUBMITTED      BY
           HONOURABLE
           COUNCILLOR ROY
           CRONJE IN TERMS
           OF RULE 51 OF THE
           EMALAHLENI
           LOCAL
           MUNICIPALITY
           STANDING RULES
           OF ORDER
A.105/12   REPORT          IN   That Council takes note of the response to the question raised by                MM
           RESPECT OF THE       Councillor Helene Griffiths.
           WRITTEN
           QUESTION
           SUBMITTED      BY
           HONOURABLE
           COUNCILLOR
                                                                             65

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           HELENE GRIFFITHS
           IN TERMS OF RULE
           51    OF      THE
           EMALAHLENI
           LOCAL
           MUNICIPALITY
           STANDING RULES
           OF ORDER
A.106/12   REPORT          IN   That section 73 of Act No. 10 of 2004 be used as a guideline in order to       MM
           RESPECT OF THE       address the environmental degradation caused by alien vegetation and
           WRITTEN              invasive plants.
           QUESTION
           SUBMITTED      BY
           HONOURABLE
           COUNCILLOR     M.
           VENTER IN TERMS
           OF RULE 51 OF THE
           EMALAHLENI
           LOCAL
           MUNICIPALITY
           STANDING RULES
           OF ORDER
A.107/12   REPORT          IN   That Council takes note of the response to the question raised by              MM
           RESPECT OF THE       Councillor M. Bhamjee.
           WRITTEN
           QUESTION
           SUBMITTED      BY
           HONOURABLE
           COUNCILLOR     M.
           BHAMJEE         IN
           TERMS OF RULE 51
           OF            THE
           EMALAHLENI
           LOCAL
           MUNICIPALITY
                                                                             66

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           STANDING RULES
           OF ORDER
A.108/12   FINAL     BUDGET:   1.     That the Budget (Annexure “C”) for the 2011/2012 financial year           FIN
           2012/2013                  be approved in terms of Section 160(2)(3)(b) of the Constitution of
           FINANCIAL   YEAR           the Republic of South Africa, 1996 (Act 108 of 1996), read with
           AND    FORECASTS           Section 24 of the Municipal Finance Management Act, (Act No. 56
           2013/2014    AND           of 2003) as amended as follows:
           2014/2015
                                      1.1     Operating budget, expenditure to the amount of
                                              R1,595,752,621;
                                        1.2   Capital program (vote) to the amount of R173,134,295
                                              (Annexure “B”);
                                        1.3   Revenue to the amount of R1,595,752,621 broken down
                                              as follows:
                                                                R'000          R'000         R'000
                               VOTE                          OPERATING        CAPITAL     REVENUE
                               Executive & Council                   58,427             0        3,015
                               Finance                             149,720              0     445,297
                               Administration                        64,420             0          976
                               Planning & Development                11,872             0       10,927
                               Health                                17,538         8,010        8,013
                               Community & Social Services           20,974             0        1,559
                               Housing                                7,974             0        2,518
                               Public Safety                         76,812             0       22,596
                               Sport & Recreation                    23,715         9,000        9,031
                               Environmental Protection/              4,430             0           35
                               Management
                               Waste Management                      58,480         1,000       61,860
                               Waste Water Management                79,395       79,754      153,709
                               Roads, Storm water                    67,199       26,000        26,240
                               Water                               151,079          9,970     188,583
                               Electricity                         756,703        39,000      655,039
                               Other (Market)                        46,964           400        6,304
                                                                67

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                   TOTAL                            1,595,752        173,134    1,595,752

                           1.4   that the following sub-functions under the abovementioned
                                 votes, be noted:


                                 Executive & Council:
                                 -       Mayor’s Office
                                 -       Mayoral Committee
                                 -       Speaker
                                 -       Council General Expenditure
                                 -       Municipal Manager
                                 -       Community participation & communication
                                 -       Internal Auditing
                                 -       PMS&IDP
                                 -       LED & Marketing
                                 -       PMU

                                 Finance:

                                 -       Administration
                                 -       Property Rates & Grants
                                 -       Expenditure & Financial Planning
                                 -       Revenue
                                 -       Stores & Asset Management

                                 Administration:

                                 -       Administration
                                 -       Human Resources
                                 -       Information Technology
                                 -       Fleet
                                                  68

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                   Planning & Development:

                   -       Spatial Planning
                   -       Land Use Management
                   -       Administration

                   Health:
                   -       Primary Health Care Clinics

                   Community & Social Services:

                   -       Cultural Centre
                   -       Community Halls
                   -       Libraries
                   -       Cemeteries
                   -       Administration

                   Housing:

                   -       Housing

                   Public Safety:

                   -       Administration
                   -       Licensing
                   -       Traffic
                   -       Law Enforcement
                   -       Security
                   -       Fire
                   -       Disaster Management

                   Sport & Recreation:

                   -       Parks, Recreation & Sport
                   -       Parks & Sport fields
                                                       69

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                   Environmental Protection/Management:

                   -        Environmental Management

                   Waste Management:

                   -        Solid Waste

                   Waste Water Management:

                   -        Sewerage Purification
                   -        Sewerage Network
                   -        Public Toilets

                   Roads, Storm water:

                   -        Roads & Storm water

                   Water:

                   -        Water (Purification/Storage)
                   -        Water Network/Distribution
                   -        Administration

                   Electricity:

                   -        Electricity Distribution
                   -        Street lighting
                   -        Administration

                   Other:

                   -        Nature Reserve & Resort
                   -        Market
                                                               70

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                                -       Aerodrome
                                -       Building Control
                                -       Property Services

                   2.   that the following be noted and confirmed:

                        2.1     that (NERSA) approved a tariff increase of 11.03% while
                                daily purchases increase with 13.5%. It is therefore
                                recommended that Council budget for an increase of
                                11.3%;
                        2.2     that provision of R135,884,184 has been made for
                                possible irrecoverable debts on the understanding that
                                strict legal measures will continue to be implemented to
                                curb losses and non-payment for services;
                        2.3     that it be noted that the total provision for irrecoverable
                                debts will amount to R614,890,842 being 85.10% of
                                outstanding debtors of R722,592,057as at 30 April 2012 ;
                        2.4     that provision was made for a general salary increase of
                                8% across the board with effect from 1 July 2012;
                        2.5     that provision was made for a possible increase of 8% in
                                the allowances of Councillors. Municipal Manager and
                                Section 57 Employees (Directors);
                        2.6     that an amount of R181,640,00 million has been provided
                                as “Equitable Share” (National Government);
                        2.7     that the amount in 2.6 has been allocated as follows:
                                                                                                0
                                2.7.1   Free Basic Water – 6 Kl          R 22,706
                                2.7.2   Indigent subsidy                 R 47,842
                                2.7.3   Operational Budget               R111,092
                                                                         R181,640

                        2.8     that capital items (furniture, machinery, tools, computers,
                                etc.) up to R7,000 each, were provided for on the
                                operational budget as inventory items, in line with the
                                “GAMAP-principles” and also for reasons of simplification
                                                               71

 RES.    HEADING                             RESOLUTION                                      RESPONSIBLE
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                                 of the budget;
                   3.   that normal legal action still be implemented to recover arrear
                        debts, including:

                        3.1    sales in execution;
                        3.2    eviction orders in respect of unpaid rentals/instalments on
                               agreements;

                   4.   that the tariff of charges with reference to the Determination of
                        taxable property values and assessment rates payable
                        (2012/2013) contained in Annexure “D”, be noted;
                   5.   that the tariff of charges, with reference to the under mentioned
                        services, be amended in terms of Section 75A (as amended) of
                        the Local Municipal Systems Act, 32 of 2000 (as amended), read
                        with section 10(g)(7)(a) and (b) of the Local Government
                        Transition Act, No. 209 of 1993 (as amended), with effect from 1
                        July 2012 and with regard to Annexures “F “ to “Z”:

                         ANNEXURE     F      Electricity
                         ANNEXURE     G      Water
                         ANNEXURE     H      Water (GaNala Entity)
                         ANNEXURE     I      Refuse Removal
                         ANNEXURE     J      Drainage Services
                         ANNEXURE     K      Parking areas
                         ANNEXURE     L      Approval of building plans
                         ANNEXURE     M      Cultural Centre
                         ANNEXURE     N      Rental for community halls in Lynnville
                                             and Schoongezicht
                         ANNEXURE     O      Fire Brigade services
                         ANNEXURE     P      Recreation resort
                         ANNEXURE     Q      Market services
                         ANNEXURE     R      Railway service lines and private sidings
                         ANNEXURE     S      Cemetery Fees
                         ANNEXURE     T      Issuing of certificates and the furnishing of
                                                                 72

 RES.    HEADING                               RESOLUTION                                        RESPONSIBLE
NUMBER                                                                                           DIRECTORATE

                                                  information
                          ANNEXURE U              Library Services
                          ANNEXURE V              Rental of stadiums
                          ANNEXURE W              Service Contributions
                          ANNEXURE X              Rental Hawkers
                          ANNEXURE Y              Spatial Planning
                          ANNEXURE Z              Rental Tariffs – business properties and
                                                  flats
                   6.    that the tariff for assessment rates be fixed and amended in terms
                         of section 14(1) of the Municipal Property Rates Act, and section
                         75 (A)1)(a) of the Systems Act, as from 1 July 2012 and with
                         regard to Annexure “D”;
                   7.    that the assessment rates, which are to be levied in terms of (6)
                         above, be payable in 12 equal monthly instalments;
                   8.    that the execution/purchase of capital projects/items, as contained
                         in the Capital budget be approved in terms of section 19 of the
                         Municipal Finance Management Act, Act No 56 of 2003 as per
                         Annexure “B”;
                   9.    that Council continue striving to control expenditure to the absolute
                         minimum, consistent with approved service delivery levels, during
                         the 2012/2013 financial year, but overall limited to the amount of
                         realisable income achieved;
                   10.   that income levels be raised during the coming financial year, by
                         maintaining the actions currently undertaken by Council (including
                         cut off actions, etc. and the normalization process);
                   11.   that reports be submitted to the relevant National and Provincial
                         Departments in accordance with the Act and associated
                         regulations;
                   12.   that both the capital and operational budgets be presented to the
                         relevant National and Provincial Departments for the necessary
                         approvals;
                   13.   that the budget framework as required by the Municipal Finance
                         Management Act (Act No. 56 of 2003) Section 17(3) as amended
                         per budget tables and supporting tables (Annexure “ZZ”), be
                                                              73

 RES.    HEADING                             RESOLUTION                                    RESPONSIBLE
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                         approved;
                   14.   that the Operating MTEF for the period 2012/2013 – 2014/2015
                         as per Annexure “C”, be approved;
                   15.   that the requirements of the Municipal Finance Management Act
                         (Act No. 56 of 2003) as amended, and actions taken, be noted;
                   16.   that the following tariff increases be approved:

                                Assessment rates                              12.5%
                                Water                                         12.5%
                                Refuse Removal                                12.5%
                                Sewer                                         12.5%
                                Other tariffs                                 12%

                   17.   that a reviewed virement policy as a budget related policy be
                         approved (Annexure ZZ(a));
                   18.   that a reviewed Supply Chain Management Policy as a budget
                         related policy be approved (Annexture ZZ(b));
                   19.   that the repairs and maintenance budget be amended as follows:

                                Buildings              R2,000,000
                                Air conditioner        R100,000
                                Telephone exchange     R500,000

                   20.   that the savings in the amount of R2,786,343 be allocated to
                         Infrastructure & Basic Services Directorate for infrastructural
                         development.
                                                                             74

                                                       DATE : 28 JUNE 2012
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NUMBER                                                                                                       DIRECTORATE


A.109/12   MONTHLY             1.    That it be noted that the monthly financial report with effect from 1       FIN
           FINANCIAL REPORT          July 2009 must comply with the Local Government Municipal
           - APRIL 2012              Finance Management Act, Act No. 56 of 2003: Municipal Budget
                                     and Reporting Regulations approved in terms of Section 168 of
                                     the Municipal Finance Management Act and approved per
                                     Government Gazette No. 32141 dated 17 April 2009 for
                                     implementation with effect from 1 July 2009;
                               2.    that table C1 s71 Monthly Budget Statement Summary be noted;
                               3.    that table C2 Monthly Budget Statement – Financial Performance
                                     (standard classification) be noted;
                               4.    that table C3 Monthly Budget Statement – Financial Performance
                                     (revenue and expenditure by municipal vote) be noted;
                               5.    that table C4 Monthly Budget Statement – Financial Performance
                                     (revenue and expenditure) be noted;
                               6.    that table C5 Monthly Budget Statement – Capital Expenditure
                                     (municipal vote, standard classification and funding) be noted;
                               7.    that Capital Expenditure of Nkangala District Municipality be
                                     noted;
                               8.    that table C6 Monthly Budget Statement – Financial Position be
                                     noted;
                               9.    that table C7 Monthly Budget Statement – Cash flow be noted;
                               10.   that the 20 highest creditors be noted;
                               11.   that vehicle bonuses be phased out with immediate effect;
                               12.   that motor vehicle loans be phased out with immediate effect; and
                               13.   that a report be submitted to Council at the July 2012 meeting,
                                     indicating all steps taken to rectify the cash flow position, what
                                     progress has been made and the result thereof.
A.110/12   REQUEST        TO   1.    That a report be tabled to Council on the emergencies and the              ARM
           LEASE         THE         reasons thereof on vehicle DPN 619 MP; and
           EXECUTIVE           2.    that Section 79: Administration and Resource Management
                                                                            75

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NUMBER                                                                                                      DIRECTORATE


           MAYOR’S OFFICIAL        Committee supports the recommendation by Council on item
           VEHICLE                 A.068/11(nc) on 29 September 2011, which reads as follows:
                                            2.1      that the purchase of a new Mayoral car be
                                                     budgeted for in the next financial year; and
                                            2.2      that the purchasing of the new Mayoral car be
                                                     included in the next IDP;
                              3.   that Council condone the leasing of the Mayoral vehicle on a
                                   month to month basis;
                              4.   that Council follow the Supply Chain Policy proesses on leasing a
                                   new vehicle for the Executive Mayor for the 2012/2013 financial
                                   year;
                              5.   that a detailed report be submitted at the July 2012 meeting with
                                   regards to the cost of leasing versus buying a new car and
                                   associated expenditure; and
                              6.   that the 2 Mercedes Benz vehicles be auctioned and the proceeds
                                   be utilize to defray the expenditure incurred in point 3 above.
A.111/12   MUNICIPAL          1.   That Council note the report to submit and inform the council of             MM
           TURNAROUND              the proposed Municipal Turnaround Strategy and Implementation
           STRATEGY    AND         Plan;
           IMPLEMENTATION     2.   that Council note the template (Annexure “I” – pages 72 - 73) or
           PLAN                    schedule which every council department or unit must complete so
                                   as to inform council of the status quo/baseline for service and
                                   challenges faced;
                              3.   that Council note that a plan would be submitted to Council with
                                   improvement proposals or plans with clear indicators or targets;
                              4.   that Council approve the plan only if it is linked and aligned to both
                                   the Integrated Development Plan and Municipal Manifesto for
                                   Local Government elections for Emalahleni Municipality; and
                              5.   that the council note that the Municipal turnaround implementation
                                   plan is:
                                            5.1      to operationalise the Turnaround Strategy;
                                            5.2      geared to address and promote service delivery
                                                     challenges;
                                            5.3      to be incorporated into both the IDP and Budget;
                                                                           76

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                                            5.4     as incorporated into the IDP and Budget it will
                                                    form the basis of the Services Delivery and
                                                    Budget and Implementation Plan (SDBIP); and
                                            5.5     will be distributed and be engaged with the
                                                    partners in local Government i.e Mining houses,
                                                    DBSA, Cogta, National and Provincial Treasury
                                                    etc.
A.112/12   PROPOSED            1.   That Council be informed about the proposed Municipal boundary            MM
           MUNICIPAL                and redetermination;
           BOUNDARY    AND     2.   that Council note the submission to Council of the Maps on the
           REDETERMINATION          proposed redetermination for consideration;
                               3.   that the Council note that the proposed redetermination would
                                    seriously affect the Municipality both economically and thereby
                                    reducing the land space for the purpose of real estate
                                    development (Human Settlement);
                               4.   that Council note that the population growth of the Municipality is
                                    informed by the mining activities in areas and further
                                    4.1     that even if the mines are removed, people interested in
                                            securing employment at these mines will still be relocated
                                            to the areas of eMalahleni Municipality;
                               5.   that Council is opposed to the proposed Municipality boundaries
                                    and redetermination in respect of the Victor Khanye and Govan
                                    Mbeki Municipality; and
                                    5.1     that the proposed Municipal boundaries by the
                                            demarcation board be supported.

A.113/12   SASOL        GAS    1.   That the high court matter of Sasol Gas Limited v Emalahleni             ARM
           LIMITED         /        Local Municipality be noted;
           EMALAHLENI          2.   that the amount of R3 334 110-96 claimed by Sasol against
           LOCAL                    Council as damages to the gas pipe be noted; and
           MUNICIPALITY        3.   that Council note that the matter is being defended.
A.114/12   COMMUNITY           1.   That Council note the report about the National Department of             MM
           DEVELOPMENT              Social Development initiative for the community development
           PROFESSIONALIZA          professionalization process;
                                                                               77

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           TION                   2.   that Council note that the process is aimed at the creation of a
                                       community development system that consists of knowledgeable
                                       and well-trained community development practitioners (CDPs);
                                  3.   that Council note the category of official people targeted include
                                       youth officer, disability officers, HIV/Aids coordinators, public
                                       participation officers and community liaison officers, etc;
                                  4.   that Council notes the objectives of the initiative and road show as
                                       follows:
                                       4.1      to create awareness and solicit broader stakeholders
                                                         buy-in within the community development
                                                qualification      frameworks at different levels;
                                       4.2      to engage critical stakeholders on the upcoming
                                                Community Development Recognition of Prior Learning
                                                (CRPL) pilot project;
                                       4.3      to provide a platform to engage around the community
                                                development professionalization process (past, present
                                                and future) and further;
                                  5.   that a process towards the establishment of an Association for
                                       Community Development be considered; and
                                  6.   that the Council note the financial costs or implications which
                                       associated with the training of the officials responsible for the
                                       provision of the various services.
A.115/12   LAUNCH OF        THE   1.   That Council note the report about the launch of the Provincial            MM
           PROVINCIAL                  Municipal Managers Forum on 24 May 2012 at Ingwenyama
           MUNICIPAL                   Conference and Sport Resort, White River;
           MANAGER’S              2.   that Council note that the purpose of the forum establishment is to
           FORUM                       provide a platform for the municipal managers to inform policy and
                                       strategy improvement in local government toward improved
                                       performance;
                                  3.   that Council is informed of the need for Municipal Managers to
                                       participate in the activities of the forum;
                                  4.   that Council note that the collective of Municipal Managers will
                                       work together with elected municipal leadership in advancing a
                                       coherent, sustainable agenda for the sector;
                                                                                78

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                               5.      that Council note that the coordination of the meetings will be the
                                       responsibility of SALGA which will further provide the secretariat
                                       function;
                               6.      that Council note that the activities of the forum will be funded by a
                                       combination of various local government stakeholders; and
                               7.      that Council note that the cost implication to the municipality would
                                       be travel and accommodation of the Municipal Manager and also
                                       meals for attendees of the meeting where the municipality is the
                                       host of the meeting.
A.116/12   DRAFT               1.      That council note the draft discussion document on                           MM
           DISCUSSION                  communications, public participation, marketing and branding
           DOCUMENT       ON           strategy presented to council;
           COMMUNICATIONS      2.      that council note that the document is presented to council for
           PUBLIC                      engagement internally and externally to solicit inputs with a view to
           PARTICIPATION,              ultimately approve the strategy document as the council
           MARKETING    AND            Communications, Public Participation, Marketing and Branding
           BRANDING                    Strategy;
           STRATEGY     MAY    3.      that the consultation process be conducted as follows :
           2012                        a.       the Office of the Speaker in conjunction with the Ward
                                                Committees will drive the process with the Public and
                                                Municipal Stakeholders; and
                                       b.       the Office of the Executive Mayor in conjuction with the
                                                Section 80 Committees of Human Resources and LED will
                                                drive the process with Internal Stakeholders, the business
                                                community and the media;
                               4.      that process of consultation be concluded in a shortest possible
                                       time (2 month) for council to adopt and approve the strategy; and
                               5.      that council note that the initiation of this discussion document is
                                       inline with the vision for the “White Paper on Local Government“
                                       published in March 1998 and the provision of the Municipal
                                       Systems Act, Act 32 of 2000 in particular chapter 4.
A.117/12   OVERSIGHT           That the item be referred back due to the lack of a full report from the             MM
           REPORT ON THE       Auditor General’s office and the response thereto.
           ANNUAL  REPORT
                                                                                 79

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           OF 2010/2011 FROM
           THE     MUNICIPAL
           PUBLIC ACCOUNTS
           COMMITTEE
A.118/12                       //This item was transferred to the C-section.//
                                 80

                   DATE : 26 JULY 2012
 RES.    HEADING    RESOLUTION           RESPONSIBLE
NUMBER                                   DIRECTORATE

				
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