KWADUKUZA MUNICIPALITY - DOC by 1E6CH1

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									                                KWADUKUZA MUNICIPALITY

     MINUTES OF THE INAUGURAL COUNCIL MEETING HELD IN THE KWADUKUZA
     TOWN HALL, MUNICIPAL BUILDINGS, KING SHAKA STREET, KWADUKUZA ON
                        TUESDAY, 7 JUNE 2011 AT 10H00

Present :
Councillors : Clrs T Khuluse (Chairperson / Speaker), NR Mthembu (Mayor), G Govender (Deputy
Mayor), JM Banda, SPC Mletshe, AM McDonnell, BS Zungu, MS Mhlongo, DW Ndimande, RN
Pakkies, GJ Van Whye, JLT Sibiya, CR Marsh, GN Mbonambi, Themba Ntuli, SA Ngwane, IT
Nxumalo, TV Ntuli, B Dlavana, C Ndlovu, DM Ngcobo, A Gopaul, MS Singh, S Oudhram, NP Dube,
VMW Mdluli, JS Phahla, TE Msweli, SMR Mfeka, NM Hlatshwayo, SL Magubane, Rekka Singh, OL
Nhaca, SW Kubheka, JA Vallan, WM Luthuli, SS Gumede, TN Khumalo, GZ Mngomezulu, ME
Zungu, CN Xulu, TK Gumede, AL Sahadaw, EM Kolia, D Singh, MSCM Motala, S Anamalay, CB
Mwale, BB Singh, SD Mashiya, SP Luthuli


Officials : Messrs MOS Zungu (Municipal Manager), P Govender (Acting ED: Corporate Services),
      SC Viramuthu (Acting ED: Municipal Services), M Ntanta (Acting ED: EDP), , S Rajcoomar
      (CFO), I Milsom (Acting ED: Technical Services), W T Byrnes (Director: PRAS), Charlie
      Naidoo (Deputy Director: Legal), NM Peter (Director: Traffic and Crime Prevention), S Kuber
      (Deputy Director: IT), AP Barnes (Chief Fire and Emergency Officer), Y Pillay (Director:
      Internal Audit), DJ Van Rensburg (Assistant Director: Legal & Estates), C Gopi (Manager: Parks
      and Gardens), S Zulu (Director: Communications), T Dube (Dir: HS), N Ngwane (Deputy
      Director: Building Control), F van der Merwe (TP), M Manzini (Dir: IDP), J Sewdular (PMS
      Officer), L Ntuli, G Zikhali (CS), S Miya, I Khumalo (EDP), R Rampersad (Secretariat), T Bell
      (Secretariat), S Govender. (Secretariat)

Other: Representatives from the Media
       Members of the Public


1.    Prayer
      Prayers were conducted by the various religious priests. The meeting observed a moment’s silent
      prayer on the passing away of Ma Albertina Sisulu.

2.    Notice of Meeting
      The notice of meeting, which had been circulated, was taken as read and the meeting declared to
      be properly constituted.

3.    Welcome
      Following the singing of the National Anthem, the Director: Communications opened the
      meeting and handed over the formal proceedings to the Municipal Manager who welcomed all
      present to the first meeting of the new Council for 2011.
4.    Public Acknowledgement, Thanks and Formal farewell to Retiring Councillors
       The Municipal Manager bid farewell to retiring Councillors and thanked them for their service in
       the past.

5.    Apologies for Absence: Nil

6.    Leave of Absence :

      4.1 Granted            : Nil

      4.2 Applications       : Clr N Sewraj : 30/05/2011 – 14/06/2011
                               Clr NG Mthethwa : 31/05/2011 – 15/06/2011

      RESOLVED

      1.       That official leave of absence be granted to Councillor N Sewraj for the period 30 May
               2011 to 14 June 2011, both dates inclusive.

      2.       That official leave of absence be granted to Councillor NG Mthethwa for the period
               31 May 2011 to 15 June 2011, both dates inclusive.

7.    Signing of the Attendance Register
      Noted by the Committee.

8.    Introduction of Councillors and Officials
      All Councillors present were introduced at the meeting.

9.    Oath of Office / Affirmation
      Copies of the Oath of Office were distributed and duly completed by the Councillors who then
      verbally affirmed the Oath, which was administered by the Municipal Manager to all Councillors
      present for the term 2011 – 2016.


10.   Election and Appointment of Councillors to serve on the District Council in terms
      of S23 of the Structures Act

      The IEC MEO explained the quota process as follows :
       ANC = 4.625 votes = 5 votes
       DA = 1 vote
       IFP = 0.5 vote – 1 vote

      Nomination forms were distributed and completed with the following 7 representatives
      announced to serve on the District Council :-

                  Clr RN Pakkies(ANC)
                  Clr S Oudhram (ANC)
                  Clr GN Mbonambi (ANC)

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                   Clr OL Nhaca (ANC)
                   Clr NG Mthethwa (ANC)
                   Clr CR Marsh (DA)
                   Clr MSCM Motala (IFP)

11.    Election of Speaker
       The Municipal Manager announced the procedure, calling for nominations in terms of Section 2
       of Schedule 3 of the Local Government : Municipal Structures Act, 1998.

       The name of Clr T Khuluse was moved by Clr NR Mthembu and seconded by Clr BS Zungu.
       The nomination was accepted by Councillor T Khuluse.

11.1 Assumption of the Chair by the Speaker
     The Speaker, Clr T Khuluse, having accepted the nomination, resumed the Chair and addressed
     the Council.

12.    Establishment of an Executive Committee

       Resolved

       That the number of members of the Executive Committee established in terms of part 1 hereof be
       increased from 7 to 10 as provided for in Section 43 (1) of the Local Government : Municipal
       Structures Act, 1998 and that the Municipal Manager be requested to take the necessary steps to
       consequentially amend Rule 28.(1) of the Council’s Rules and Procedures which have been
       promulgated as bylaws.”

       Moved by Councillor NR Mthembu and seconded by Councillor T Msweli.

13.    Determination of a system for the election of the Executive Committee

       Resolved

      1. That in compliance with section 43. (2) of the Local Government Municipal Systems Act
         regarding membership of the Executive Committee of the KwaDukuza Local Municipality, the
         election system set out in the report be utilized.

      2. That pursuant to 1 above, parties and interests represented in the KwaDukuza Local
         Municipality be allocated seats on the Executive Committee as follows : -

         1.     ANC = 7
         2.     DA  =2
         3.     IFP =1

14       ELECTION OF COUNCILLORS TO SERVE ON THE EXECUTIVE COMMITTEE :

         Having determined the representation of parties and interests on the Executive Committee, the
         following Councillors were elected to serve on the Executive Committee :


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     1. Clr JM Banda
     2. Clr SPC Mdletshe
     3. Clr NR Mthembu
     4. Clr BS Zungu
     5. Clr G Govender
     6. Clr S Khubeka
     7. Clr MS Mhlongo
     8. Clr AM McDonnell
     9. Clr MS Singh
     10. Clr JLT Sibiya

     The MM clarified that the IEC advised in a letter dated 7 June 2011, that as prescribed in Item 18 of
     the Municipal Structures Act, 1998 (Act No. 117 of 1998) that Councillor Mavis Sdudla Mhlongo
     being the candidate at the top of the party list for the ANC, had been declared elected to
     KwaDukuza Municipality. Cllr S Mhlongo will be replacing Councillor B Majola.

15      ELECTION OF THE MAYOR :

       Nominations for the election of the Mayor were called.

       The name of Councillor NR Mthembu was moved by Councillor JM Banda and seconded by
       Councillor SPC Mdletshe.

       The Speaker welcomed His Worship the Mayor, Cllr NR Mthembu .
       …
16     ESTABLISHMENT OF THE POSITION OF DEPUTY MAYOR

       Resolved

     1. That in accordance with the authority contained in Section 48 of the Local Government
        Municipal Structures Act 1998 as read with the authorization given by the Minister of
        Traditional Affairs, Safety and Security and of Local Government in Provincial Notice 454
        dated 30 November 2000, the Office of Deputy Mayor of the KwaDukuza Local Municipality
        be established and a member of the Executive Committee be appointed to the Office.

     2. That the position of Deputy Chairperson of the Executive Committee be and is hereby
        established.


17     ELECTION OF DEPUTY MAYOR

       Nominations for the election of the Deputy Mayor were called.

        The name of Councillor G Govender was moved by Councillor TV Ntuli and seconded by
        Councillor S Oudhram.

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18.    ELECTION OF CHIEF WHIP
       Nominations for the election of the Chief Whip were called.

       The name of Councillor TE Msweli was moved by Cllr SW Khubeka and seconded by
       Councillor R Singh.


19.    CONSTITUTION AND TERMS OF REFERENCE OF THE EXECTIVE COMMITTEE

       Resolved

       That the Executive Committee review the Constitution and Terms of Reference of the
       Executive Committee, including the delegation of powers to that Committee and report to the
       Council on any amendments it considers should be made to the Constitution and Terms of
       Reference.

20.   ELECTION OF MEMBERS OF PORTFOLIO COMMITTEES

       Resolved

1.     That the following Portfolio Committees be established in terms of Section 79 and 80 of the
       Local Government : Municipal Structures Act : -

       Amenities, Safety and Security Portfolio Committee;

       Infrastructure and Technical Portfolio Committee;

       Finance Portfolio Committee;

       Local Public Administration and Human Resources Portfolio Committee;

       Economic Development, Planning, Community Development and Housing Portfolio
       Committee;

2.     That the seats on the Portfolio Committees allocated to the respective Political Parties be
       determined to be as follows : -
PARTY                Amenities     Infra.        Finance       Admin      EDP
                                   Tech.                       and HR
ANC                  6             6             6             6          6
DA                   2             2             2             2          2
IFP                  1             1             1             1          1

Sub Total            9             9             9             9          9
Chairman             1             1             1             1          1
Mayor (Ex-
Officio)
Total                10            10            10            10         10

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      3.     That nominations by the respective political parties be submitted to the Speaker when
             they are called upon to do so and that Councillors duly nominated be deemed to have
             been elected to the seats concerned.

      4.     That it be noted that Executive Committee will appoint the Chairperson of each
             Portfolio Committee.

      5.     That the concern of Councillor BB Singh of the MF with regard to other political parties
             not being represented on the Portfolio Committee list be submitted in writing in order to
             deal with the matter procedurally.

21.   REVIEW OF CONSTITUTION AND TERMS OF REFERENCE OF PORTFOLIO
      COMMITTEES

      Resolved

      That the Executive Committee review the structure and the constitution and terms of reference
      of the Portfolio Committee of the Council and submit to the Council any recommendations it
      may have for the revision of the structure and of the constitution and terms of reference of
      Portfolio Committees.

22.   ESTABLISHMENT OF A MUNICIPAL SCOPA/ SCOMA FOR THE 2011/2012
      FINANCIAL YEAR

      Resolved

      That the matter be deferred to the next meeting of Council.

23.   AUDIT COMMITTEE CHARTER

      Resolved

      That the matter be deferred to the next meeting of Council.


24.   ESTABLISHMENT OF “A” PERFORMANCE AUDIT AND “B” ASSESSMENT
      COMMITTEE

      Resolved

      That the matter be deferred to the next meeting of Council.




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25.    WARD COMMITTEE ESTABLISHMENT AND PUBLIC PARTICIPATION SYSTEM


       Resolved

           1)      That the status of the Ward Committee Establishment and Election Processes be noted.

           2)      That Council needs to urgently consider the following outstanding matters in relation to
                   the above:
                a. adoption of Policy of Ward Committee.
                b. approval of the revised Public Participation structure in order to fulfill functions as per
                   relevant legislation and directives from CoGTA.

           3)      That the reports referred to (2) above be re-submitted to Council for approval and
                   adoption via the relevant Portfolio Committees.

       4)           That the draft programme for the establishment and election of Ward Committees be
                    approved.

26.   ROLES AND RESPONSIBILITIES OF COUNCILLORS, AND DELEGATED POWERS

       Resolved

       (i)         The Council appoint a committee to review the specific roles and area of responsibility
                   of each political structure and political office bearer of the municipality and of the
                   Municipal Manager; and

       (ii)        Review the delegations of the municipality.

27.    CODE OF CONDUCT FOR COUNCILLORS

       Resolved

       1.          That the Code of Conduct for Councillors set out in Schedule 1 of the Local
                   Government : Municipal Systems Act, 2000, be noted.

      2.           That all Councillors complete the acknowledgement of receipt of the Code of Conduct
                   as distributed to all Councillors by Council Circular 1 of 2011 and submit the
                   acknowledgement to the Municipal Manager.


28.    RULES AND PROCEDURES OF THE KWADUKUZA MUNICIPALITY

       Resolved

      That the Executive Committee review the Council’s existing Rules and Procedures which have
      been adopted as Bylaws and submit to Council any recommendations it may have regarding the
      revision of the Rules and Procedures in question.


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29.      FULL TIME COUNCILLORS

         Resolved

         1.      That an application be made to the Member of the Executive Council responsible for
                 Co-Operative Governance and Traditional Affairs in the Province of KwaZulu-Natal
                 and acting under the powers vested in him by Section 18. (4) of the Local Government
                 Municipal Structures Act, 1998 (Act Number 117 of 1998) read with the Policy
                 Framework for the Designation of Full-time Councillors in the schedule to Government
                 Notice number 2056 dated 28 July 2003 (published in the Government Gazette No.
                 25264 dated 28 July 2003) to determine the number of additional offices as the type
                 which may be designated by the KwaDukuza Municipality to be filled by full-time
                 Councillors:

                 Three Members (excluding the Mayor and Deputy Mayor) of the Executive Committee
                 being in addition to the five members determined in terms of Provincial Notice no. 377
                 dated 1 November 2007.

         2.      That it be and is hereby recorded that the Council has considered the financial
                 implications in connection with the possible increase in the number of full-time
                 Councillors as contemplated in (1.) hereof, that the necessary funds have been provided
                 on the approved budget of the Municipality for the forthcoming 2011/2012 financial
                 year, that the costs associated with service delivery in this Municipality will not have to
                 be increased to accommodate the possible increase in the number of full-time
                 Councillors, and that after due and thorough consideration of all the financial
                 implications and having regard to the question of affordability, the Council is of the
                 opinion that its proposal for the increase in the number of full-time Councillors for the
                 KwaDukuza Municipality is affordable in both the short and long term..

30.      DISCLOSURE AND DECLARARTION OF INTERESTS AND GIFTS RECEIVED

         Resolved

      1. That section 7 of the Code of Conduct for Councillors set out in Schedule 1 of the Local
         Government Municipal Systems Act 2000, relating to declarations of interest and gifts received
         by Councillors be noted.

      2. That all Councillors complete the Declaration of Interests Form as well as the Declaration of
         Gifts Received which were distributed to all Councillors under cover of Circular 1 of 2011 and
         submit the forms to the Municipal Manager no later than 60 days after the date of their election
         or appointment to the KwaDukuza Municipality.

      3. That the Council’s Supply Chain Management Policy as adopted in terms of Council Resolution
         No. C401 dated 9 May 2011, be noted.




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31.    ADDRESS BY THE MAYOR :

       His Worship The Mayor, Clr NR Mthembu, thanked the Councillors for electing him to the
       position of Mayor of KwaDukuza. He further thanked the Municipal Manager for organizing
       the Inaugural Meeting and the IEC for conducting the 2011 Local Government elections
       successfully. Tribute was paid to the late Mama Albertina Sisulu, the previous Deputy Mayor,
       Clr Bonny Maraj for his contribution as well as Clr Millicent Mhlaba, both Councillors having
       retired. Congratulations were extended to the elected Councillors with appreciation recorded
       for the leadership provided by previous Mayors, Clr S Gumede and Clr T Khulse. The Mayor
       emphasized the importance of service delivery and executing of the Mandate placed on
       Councillors, acknowledging the challenges faced.


32.    ADDRESS BY THE MEC FOR CO-OPERATIVE GOVERNANCE :

       The MEC for Co-operative Governance and Traditional Affairs, Ms Nomusa Dube, addressing
       Council, extended the Provincial Government’s congratulations to the Mayor and all elected
       Councillors. Emphasis was placed on the roles and responsibilities of the newly elected
       Councillors, service delivery, the working relationship with COGTA, the importance of ward
       committees and the IDP, with mention being made of training for the Councillors.

33.   CLOSURE
      The meeting terminated at 12h45, with the singing of the National Anthem led by the Salvation
      Army Brass Band.




SIGNED AT KWADUKUZA ON THIS ____________ DAY OF ____________________ 2011




_________________________
    SPEAKER




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