Bitou Local Municipality Bitou Plaaslike Munisipaliteit Umasipala WeBitou
Agenda ORDINARY MUNICIPAL COUNCIL MEETING
Venue: Council Chambers, Municipal Offices, Sewell Street, Plettenberg Bay
DATE: 31 AUGUST 2020
Time: 09h00
BITOU LOCAL MUNICIPALITY
26 August 2020
The Executive Mayor Councillors Municipal Manager and Directors
ORDINARY COUNCIL MEETING: 31 AUGUST 2020 AT 09H00
NOTICE is hereby given that an Ordinary Council Meeting will be held in the Council Chambers, Municipal Offices, Plettenberg Bay on MONDAY, 31 AUGUST 2020 AT 09H00 to discuss the business set forth in the Agenda.
Invitees are encouraged to participate virtually via Skype in order to follow social distancing protocol.
Yours faithfully
______E V WILDEMAN SPEAKER OF COUNCIL
Constitution of the Council
The Speaker, Alderman E V Wildeman The Executive Mayor, Councillor M P Lobese The Deputy Executive Mayor, Councillor S E Gcabayi Member of the Mayoral Committee, Councillor M M Mbali Member of the Mayoral Committee, Councillor L M Seyisi
Councillor J N Kamkam Councillor X Matyila Councillor N Ndayi Councillor W J Nel Councillor A R Olivier Councillor D J Swart Councillor V P M van Rhyner Councillor A S M Windvogel Bitou Local Municipality
Ordinary Council Agenda:
31 August 2020
Time: 09h00
Order of Business
1. OPENING
2. ATTENDANCE
The attendance registers of members of the Municipal Council, Officials and Public will be circulated for signature.
3. APPLICATION FOR LEAVE OF ABSENCE
Application for leave of absence, if necessary, will be considered.
4. CONFIRMATION OF MINUTES: (OPEN)
4.1 Minutes of the Ordinary Council meeting dated 31 July 2020 Circulated herewith
4.2 Minutes of the Special Council meeting dated 5 August 2020 Minutes circulated herewith
5. STATEMENTS AND COMMUNICATIONS BY:
5.1. The Executive Mayor
5.2. The Speaker
6. PRESENTATIONS
None
Order of Business Ordinary Council Meeting 31 August 2020
7. ITEMS FOR INFORMATION, WHICH HAVE BEEN DEALT WITH BY THE EXECUTIVE MAYOR IN TERMS OF DELEGATED AUTHORITY
No Items for information
8. CONSIDERATION OF REPORTS (NON- DELEGATED MATTERS)
Schedule of Items attached.
9. URGENT MATTERS SUBMITTED BY THE MUNICIPAL MANAGER
None received
10. CONSIDERATION OF NOTICES OF MOTION
None received
11. CONSIDERATION OF NOTICES OF QUESTION
None received
12. CONSIDERATION OF MOTIONS OF EXIGENCY
None received
13. IN-COMMITTEE MATTERS
13.1 CONFIRMATION OF MINUTES: (IN-COMMITTEE)
In – Committee Special Council Meeting: 5 August 2020
In-committee Minutes circulated with the Addendum separately.
13.2 CONSIDERATION OF IN-COMMITTEE REPORTS (NON- DELEGATED MATTERS)
In-Committee Items for consideration: Schedule of Items attached to the In-Committee Addendum circulated separately.
Order of Business Ordinary Council Meeting 31 August 2020
14. RECORDING OF COUNCILLORS PRESENT
15. CLOSURE
CONFIRMATION OF MINUTES
MINUTES OF THE ORDINARY COUNCIL MEETING OF BITOU LOCAL MUNICIPALITY HELD IN THE COUNCIL CHAMBER, MUNICIPAL OFFICES, SEWELL STREET, PLETTENBERG BAY ON FRIDAY, 31 JULY 2020 AT 9H08
1. OPENING
The Speaker, Alderman E V Wildeman welcomed everyone present at 9h08.
2. ATTENDANCE
The meeting was held at the Council Chambers as well as virtually via skype. The Speaker verbally confirmed the presence of all members of Council and Officials.
The attendance registers of members of the Municipal Council, Officials and Public are attached hereto as annexures.
3. APPLICATION FOR LEAVE OF ABSENCE
Leave of absence was received from The Deputy Executive Mayor, Councillor S E Gcabayi.
Resolved
That leave of absence be granted to the Deputy Executive Mayor, Councillor S E Gcabayi.
4. CONFIRMATION OF MINUTES
4.1 Minutes of the Ordinary Council Meeting: 30 June 2020
Resolved:
That the Minutes of the Ordinary Council Meeting held on 30 June 2020, be, and are hereby, CONFIRMED & SIGNED.
Proposed: Councillor M M Mbali Seconded: Councillor L M Seyisi
Ordinary Council Meeting 31 July 2020
5. STATEMENTS AND COMMUNICATIONS BY:
5.1 The Executive Mayor
None
5.2 The Speaker
The Speaker expressed Council’s sincere condolences to the Thompson and Martin- Swartz families and friends on the passing of Ms. Bongiwe Thompson, Law Enforcement Officer and Mrs. Amanda Martin Swartz, Executive Secretary: Councillors.
He then mentioned that he received an e-mail from Councillor D J Swart relating to a motion that was submitted more than a year and a half ago regarding “Rental Income of Municipal Properties” and stated that it is very disrespectful that no feedback has been received on the motion and requested that the matter received immediate attention.
6. PRESENTATIONS
6.1 Item C/3/161/07/20: INTRODUCTION: ENGADIN STIFTUNG
The Executive Mayor introduced Professor Anele Hammond from Engadin Stiftung, a Swiss based non – profit organization and welcomed the Professor to the council meeting.
A presentation was made by Professor Hammond in respect of a proposed develop a university in Plettenberg Bay.
Please refer to Resolution C/3/161/07/20 relating to the presentation.
7. ITEMS FOR INFORMATION, WHICH HAVE BEEN DEALT WITH BY THE EXECUTIVE MAYOR IN TERMS OF DELEGATED AUTHORITY
No Items for information was received
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Ordinary Council Meeting 31 July 2020
8. CONSIDERATION OF REPORTS (NON – DELEGATED MATTERS)
Section 1: Office of the Municipal Manager
Resolution C/1/158/07/20
AUDIT AND PERFORMANCE AUDIT COMMITTEE REPORT FOR THE 6
MONTHS ENDING 31 DECEMBER 2019
Department: Office of the Municipal Manager Demarcation: All Wards Portfolio Comm: Strategic Services Delegation: Council
File Ref: 9/1/7
Resolved
1. That Council note the report of the Chairman of the Audit and Performance Audit Committee for the 6 months ending 31 December 2020.
2. That it be noted that the responsible section be complimented on a job well done.
3. That all directors prepare a response on the findings and submit their responses to the next meeting.
Proposed: Councillor L M Seyisi Seconded: Councillor V P M Van Rhyner
To be Actioned by: Chief Audit Executive Cc. Senior Manager: Compliance and Governance
Resolution C/1/159/07/20
COVID-19 STATISTICS: - MUNICIPAL EMPLOYEES
Directorate: Director: Corporate Services Demarcation: All Wards Portfolio Comm: Strategic Services Delegation: Council File Ref: 17/1/2/2
Resolved
1. That Council takes note of the report of how the Municipality is managing the COVID- 19 pandemic.
2. That Council take note of the Councillor and employees affected by the pandemic.
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Ordinary Council Meeting 31 July 2020
3. That a progress report on the establishment of a new cemetery be submitted to the next meeting of Mayco.
4. That the revised policy on Pauper burials be finalised and updated to accommodate a section that will address Covid-19 related pauper burials.
5. That a committee be established to review Covid-19 pauper burial requests received from the community.
Proposed: Councillor L M Seyisi Seconded: Councillor X E Matyila
To be Actioned by: Acting Senior Manager: HR (resolution 1 and 2) Manager: Integrated Human Settlements & Horticulture and Public Open Spaces (resolution 3, 4, 5) Cc. Acting Director Corporate Services Director Communicty Services
Section 2: Directorate Financial Services
Resolution C/2/187/07/20
SHIFTING OF DATE OF VALUATION 2021-2025 GENERAL VALUATION ROLL
Directorate : Finance Demarcation: All Wards Portfolio Comm: Finance & Engineering Delegation: Council File Ref: 5/3/2
Resolved
1. That the council rescind the resolution number 1 of item C/2/140/07/19
“That the date of valuation for the purpose of compiling the general valuation roll for the period 1 July 2021 to 30 June 2025, be determined as 1 July 2020.”
2. That the date of valuation, for the purpose of compiling the general valuation roll for the period 1 July 2021 to 30 June 2025 be determined as 1st August 2020.
Proposed: Councillor L M Seyisi Seconded: Councillor D J Swart
To be Actioned by: Manager: Revenue Services Cc. Director: Financial Services
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Ordinary Council Meeting 31 July 2020
Section 3: Corporate Services
Resolution C/3/159/07/20
REQUEST FOR THE PAYMENT OF A DANGER ALLOWANCE IN RESPECT OF EMPLOYEES WORKING DURING THE COVID 19 LOCK DOWN PERIOD
Directorate: Corporate Services Demarcation: All Wards Portfolio Comm: Community & Corp Serv. Delegation: Council File Ref: 4/5/2/12
Resolved
1. That the submissions received from SAMWU and IMATU be noted.
2. That Council await the outcome from SALGBC on the final determinations of a compensatory framework.
Proposed: Councillor L M Seyisi Seconded: Councillor X E Matyila
To be Actioned by: acting Senior Manager: HR Cc. acting Director: Corporate Services
Resolution C/3/161/07/20 Note: This item served as an addedum to the Council Agenda
INTRODUCTION: ENGADIN STIFTUNG
Directorate: Corporate Services Demarcation: All Wards Portfolio Comm: Corp And Comm Services Delegation: Council File Ref: 17/15
Resolved
1. That the presentation by Professor Anele Hammond in respect of the Integrated Socio – Economic Development towards Social and Economic Justice be noted.
2. That Council support the development of a University in Plettenberg Bay.
3. That Council commit to provide Engadin Stiftung with land suitably rezoned for an institution of Higher Education.
4. That a letter of support be obtained from the Department of Higher Education for the development of such institution.
Page 5 of 7
Ordinary Council Meeting 31 July 2020
5. That the Municipal Manager and the Executive Mayor in collaboration with Professor Hammond be delegated to approach the Department of Higher Education to convey Bitou Municipality’s interest for the development of an institution of Higher Education within the Bitou municipal area.
Proposed: Councillor M Mbali Seconded: Councillor V P M van Rhyner
To be Actioned by: Municipal Manager Acting Director Corporate Services
Section 4: Community Services
No Items for information
Section 5: Directorate Engineering Services
No Items for information
Section 6: Directorate Economic Development and Planning
d Resolution C/6/116/07/20
BABOON AND HUMAN CONFLICT WITHIN THE URBAN ENVIRONMENT OF PLETTENBERG BAY AND NATURE’S VALLEY
Directorate: Economic Development & Planning Demarcation: Wards 1 & 2 Portfolio Comm: Strategic Services Delegation: Council File Ref: 15/1/10
Resolved
That this Item be referred back for further investigation and consultation with the relevant stakeholders and be resubmitted to Council.
Proposed: Councillor L M Seyisi Seconded: Councillor V P M Van Rhyner
To be Actioned by: Spatial Planner cc. Director: Economic Development and Planning
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Ordinary Council Meeting 31 July 2020
9. MATTERS SUMMITTED BY THE MUNICIPAL MANAGER
None received
10. CONSIDERATION OF NOTICES OF MOTION
None received
11. CONSIDERATION OF MOTIONS OF QUESTION
None received
12. CONSIDERATION OF MOTIONS OF EXIGENCY
None received
13. IN-COMMITTEE MATTERS
For resolutions regarding In-Committee matters dealt with in the In-Committee Addendum to the Agenda, please refer to the minutes of the In-Committee meeting of Council of even date.
14. RECORDING OF COUNCILLORS PRESENT
The Speaker, Alderman E V Wildeman verbally recorded the presence of Councillors in the following order;
Councillor W J Nel, Councillor D J Swart, Councillor A R Olivier, Councillor N Ndayi, Councillor A S M Windvogel, Councilor J N Kamkam, Councillor M M Mbali, Councillor V P M van Rhyner, Councillor X E Matyila, Councillor L M Seyisi, Councillor M P Lobese
15. CLOSURE
The Speaker declared the meeting adjourned at 10h58.
CONFIRMED AND SIGNED
DATE: ______
SIGNATURE: ______The Speaker: Alderman E V Wildeman
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MINUTES OF THE SPECIAL COUNCIL MEETING OF BITOU LOCAL MUNICIPALITY HELD IN THE COUNCIL CHAMBER, MUNICIPAL OFFICES, SEWELL STREET, PLETTENBERG BAY ON WEDNESDAY, 5 AUGUST 2020 AT 14H00
1. OPENING
The Speaker, Alderman E V Wildeman welcomed everyone present at 14h00.
2. ATTENDANCE
The meeting was held in the Council Chambers as well as virtually via skype. The Speaker verbally confirmed the presence of all members of Council and Officials.
The Speaker informed the meeting that Councillors Nel and Ndayi indicated that they might join the meeting at a later stage, as they are engaged in prior commitments.
The attendance registers of members of the Municipal Council and Officials are attached hereto as annexures.
3. APPLICATION FOR LEAVE OF ABSENCE
Leave of absence was received from Councillor S E Gcabayi.
Resolved
That leave of absence be granted to Councillor S E Gcabayi.
4. CONFIRMATION OF MINUTES
No Minutes for confirmation.
5. STATEMENTS AND COMMUNICATIONS BY:
5.1 The Executive Mayor
None
5.2 The Speaker
The Speaker informed Council that the Deputy Minister of International Relations and Cooperation, Minister Alvin Botes will be visiting and engaging with Council after the Special Council Meeting.
Special Council Meeting 05 August 2020
6. PRESENTATIONS
None 7. ITEMS FOR INFORMATION, WHICH HAVE BEEN DEALT WITH BY THE EXECUTIVE MAYOR IN TERMS OF DELEGATED AUTHORITY
None
8. CONSIDERATION OF REPORTS (NON – DELEGATED MATTERS)
Section 1: Office of the Municipal Manager
Resolution C/1/161/08/20
PROPERTY MANAGEMENT POLICIES: 1. IMMOVABLE PROPERTY ENCROACHMENT POLICY 2. PROPERTY RENTAL POLICY
Directorate: Municipal Manager Demarcation: All Wards Portfolio Comm: N/A Delegation: Council
File Ref: 15/1/P
Resolved
That the Item be referred back and be tabled at the next Ordinary Council Meeting scheduled in August 2020, in order to allow Councilllors more time to peruse the final draft amended policies.
Proposed: Councillor M M Mbali Seconded: Councillor X Matyila
To be Actioned by: Senior Manager: Governance & Compliance Cc: Municipal Manager
Section 2: Directorate Financial Services No items for consideration.
Section 3: Directorate Corporate Services No items for consideration.
Section 4: Community Services No items for consideration.
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Special Council Meeting 05 August 2020
Section 5: Engineering Services No items for consideration.
Section 6: Directorate Economic Development and Planning
Resolution C/6/118/08/20
EXTENDED PUBLIC WORKS PROGRAMME - INTAKE 2020/21
Department: Economic Development & Planning Demarcation: All Wards Portfolio Comm: Strategic Services Delegation: Council
File Ref: 9/1/3/6
Resolved
1. That Council considers Option 1 of the report in respect of the EPWP intake for the 2020/21 financial year i.e. a remuneration rate of R150 per day/ per participant.
2. That it be noted that the daily rate has been decreased from R180 to R150 per day/participant due to the effect of Covid-19, and in order to allow for an increase in the number of EPWP intake.
3. That the participants be recruited from the unemployment database of Council.
4. That the recruited EPWP participants commence with effect from 1 September 2020 – 30 September 2021 for a period of 13 months.
5. That the emphasis of the EPWP program intake for 2020/2021 financial year be on the inclusion of unemployed registered indigent community members, and that disabled persons be headhunted.
6. That the National and Provincial Department: Public Works be approached for additional funding based on the revised projects registered.
Proposed: Councillor M M Mbali Seconded: Councillor L M Seyisi
To be Actioned by: Manager: Economic Development Cc: Director Economic Development and Planning
9. MATTERS SUMMITTED BY THE MUNICIPAL MANAGER None received
Page 3 of 4
Special Council Meeting 05 August 2020
10. CONSIDERATION OF NOTICES OF MOTION None received
11. CONSIDERATION OF MOTIONS OF QUESTION None received
12. CONSIDERATION OF MOTIONS OF EXIGENCY None received
13. IN-COMMITTEE MATTERS
Please refer to the minutes of the In-Committee meeting of Council of even date, for resolutions regarding In-Committee matters dealt with in the In-Committee Addendum to the Agenda,
14. RECORDING OF COUNCILLORS PRESENT
The Speaker, Alderman E V Wildeman verbally recorded the presence of Councillors in the following order;
Virtual attendees: Councillor A S M Windvogel, Councillor J Kamkam, Councillor D J Swart, Councillor W J Nel and Councillor A R Olivier
Council Chamber attendees: Councillor X E Matyila, Councillor L M Seyisi, Councillor M M Mbali, Councillor V P M van Rhyner, Councillor S E Gcabayi and Councillor M P Lobese
15. CLOSURE
The Speaker declared the Council Open meeting adjourned at 14h15.
CONFIRMED AND SIGNED
DATE: ______
SIGNATURE: ______The Speaker: Alderman E V Wildeman
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CONSIDERATION OF REPORTS
(NON DELEGATED MATTERS)
PORTFOLIO INDEX CONSIDERATION OF REPORTS ORDINARY COUNCIL MEETING 31 AUGUST 2020
SECTION 1: OFFICE OF THE MUNICIPAL MANAGER
ITEM NO SUBJECT FILE REF PAGE NO PROPERTY MANAGEMENT POLICIES : a. IMMOVABLE PROPERTY ENCROACHMENT C/1/163/08/20 15/1/P 26-103 POLICY b. PROPERTY RENTAL POLICY APPROVAL OF 2020/2021 IDP REVIEW AND BUDGET C/1/164/08/20 2/8/5 104-109 TIME SCHEDULE PROPERTY MANAGEMENT: POLICY FOR THE DISPOSAL OF/AND OR THE GRANTING OF AN C/1/165/08/20 15/1/P 110-132 EXCLUSIVE RIGHT TO USE MUNICIPAL IMMOVABLE PROPERTY SECTION 2: FINANCE
ITEM NO SUBJECT FILE REF PAGE NO STATUS OF MUNICIPAL FINANCIAL POSITION FOR C/2/188/08/20 9/1/3/4 134-156 THE QUARTER ENDING 30 JUNE 2020 REPORT ON THE IMPLEMENTATION OF THE C/2/189/08/20 SUPPLY CHAIN MANAGEMENT POLICY FOR THE 8/1/5/5/2 157-193 QUARTER 01 APRIL TO 30 JUNE 2020 5/1/1/4 & C/2/190/08/20 WRITING OFF AND DISPOSAL OF FIXED ASSETS 194-199 5/6/1 SECTION 3: CORPORATE SERVICES
ITEM NO SUBJECT FILE REF PAGE NO PROMULGATION: BY – LAW RELATING TO THE RULES OF ORDER FOR THE CONDUCT OF C/3/163/08/20 3/2/1/7 201-238 MEETINGS OF THE COUNCIL OF BITOU LOCAL MUNICIPALITY SECTION 4: COMMUNITY SERVICES
ITEM NO SUBJECT FILE REF PAGE NO THE STATUS QUO REPORT ON THE SOUTHERN CAPE CORRIDOR DEVELOPMENT (SCCD): C/4/84/08/20 17/6/1 240-322 COMPREHENSIVE CATALYTIC PROJECT BUSINESS PLAN THE ADOPTION AND IMPLEMENTATION OF THE ROLES AND RESPONSIBILITY FOR COMMUNITY DEVELOPMENT WORKERS PROGRAMME (CDW) C/4/85/08/20 BETWEEN BITOU MUNICIPALITY AND THE 16/6/6 323-348 WESTERN CAPE PROVINCE GOVERNMENT:DEPARTMENT OF LOCAL GOVERNMENT AND BITOU MUNICIPALITY THE STATUS QUO REPORT ON THE BITOU’S C/4/86/08/20 MUNICIPAL SOCIAL HOUSING DEVELOPMENT 4/1/2/5 349-351 PROGRAMME SECTION 5: ENGINEERING SERVICES
PAGE NO ITEM NO SUBJECT FILE REF No Items for consideration
SECTION 6: ECONOMIC DEVELOPMENT & PLANNING
ITEM NO SUBJECT FILE REF PAGE NO EXTENDED PUBLIC WORKS PROGRAMME (EPWP) C/6/119/08/20 REPRESENTATION ON GARDEN ROUTE DISTRICT 9/1/3/6 353-420 FORUM
SECTION 1 OFFICE OF THE MUNICIPAL MANAGER
Section 1: Office of the Municipal Manager
ITEM C/1/163/08/20
PROPERTY MANAGEMENT POLICIES: 1. IMMOVABLE PROPERTY ENCROACHMENT POLICY 2. PROPERTY RENTAL POLICY
Directorate: Municipal Manager Demarcation: All Wards Portfolio Comm: Strategic Services Delegation: Council
File Ref: 15/1/P
Attachments Annexure “A” – Draft Immovable Property Encroachment Policy
Annexure “B” – Draft Property Rental Policy
Report from: Municipal Manager
Author: Senior Manager: Governance & Compliance
Date: 4 August 2020
PURPOSE OF THE REPORT To explain the status of the various Property Management Policies and to obtain approval for the following: 1. Immovable Property Encroachment Policy. 2. Property Rental Policy
BACKGROUND AND DISCUSSION
The overall Property Management function of the Municipality needs to be underpinned by sound Policies. It was initially envisaged that there would be two such Policies, namely:
1. Immovable Property Disposal Policy. 2. Property Rental Policy, A workshop with Council and Senior Management was held earlier during the year to discuss and comment on these proposed Policies. It was at the time agreed that certain aspects of the Property Disposal Policy, with specific reference to practical implementation, were not adequately addressed in the Draft Policy, and that these matters should therefore be further investigated.
26 Section 1: Office of the Municipal Manager
Upon further investigation it became clear that difficulties arise as a result of disposal activities (which relate to the transfer of ownership and leases to allow exclusive use of municipal property) on the one hand and activities that relate to encroachments and non-exclusive use of municipal land on the other hand.
In view of the above it was decided to separate these matters by the creation of two different Policies, namely: 1. Immovable Property Encroachment Policy. 2. Immovable Property Disposal Policy.
The Draft Immovable Property Encroachment Policy is hereby attached as Annexure ‘A’. A deliberate attempt has been made to not ‘copy-and-paste’ from what was done elsewhere, but to rather focus on and address the actual ‘day-to-day’ activities and ‘grey areas’ that are currently causing uncertainty and much procrastination within the Municipality. It is intended to be a ‘handbook’ to assist officials (and members of the public as well as Councillors) to manage these matters.
A similar approach will be adopted with the Immovable Property Disposal Policy, which is still under review (and will be available within the next two weeks).
The Draft Property Rental Policy that was previously workshopped is attached as Annexure ‘B ‘.
Relevant Legislation
MFMA
Financial Implications
None direct, but potential for income from rental payments.
Comments: Director Financial Services We support the recommendation of the Municipal Manager. The tariffs for rental should always be market related.
Comments: Acting Director Corporate Services That approval be granted for the: · Property Rental Policy · Immovable Property Encroachment Policy
27 Section 1: Office of the Municipal Manager
That an investigation be conducted to compile an encroachment register. Comments: Director Community Services Recommendation of the Municipal Manager is supported
Comments: Director Engineering Services Recommendation of the Municipal Manager is supported
Comments: Director Economic Development & Planning Recommendation of the Municipal Manager is supported
Comments Manager: Legal Services Recommendation of the Municipal Manager is supported
RECOMMENDED BY THE MUNICIPAL MANAGER
1. That Council notes the status of the various Policies relating to Property Management.
2. That approval be granted for the following: (a) Property Rental Policy (b) Immovable Property Encroachment Policy
RECOMMENDED BY THE EXECUTIVE MAYOR
1. That Council note the status of the various Policies relating to Property Management.
2. That approval be granted for the Immovable Property Encroachment Policy.
3. That approval be granted for the Property Rental policy subject to the replacement of the word “deregistered” in clause 15.1.7 with the word “reprioritized”.
4. That a policy be developed for the management of rental stock relating to the New Horizons and Kurland Compound areas.
28 Annexure "A"
BITOU MUNICIPALITY
PROPERTY MANAGEMENT: POLICY FOR THE MANAGEMENT OF THE NON- EXCLUSIVE USE OF AND/OR ENCROACHMENT ONTO MUNICIPAL IMMOVABLE PROPERTY
AUGUST 2020
29 INDEX
1. DEFINITIONS
2. LEGISLATIVE FRAMEWORK
3. PURPOSE AND SCOPE
4. GUIDING PRINCIPLES
5. CATEGORIES OF NON-EXCLUSIVE USE OF MUNICIPAL LAND
6. CATEGORY 1: MAINTENANCE OF SIDEWALKS (LANDSCAPING)
7. CATEGORY 2: USE OF SIDEWALKS (DRIVEWAYS)
8. CATEGORY 3: USE OF SIDEWALKS (PARKING)
9. CATEGORY 4: USE OF MUNICIPAL LAND FOR LANDSCAPING
10. CATEGORY 5: USE OF MUNICIPAL LAND FOR ACCESS
11. CATEGORY 6: USE OF MUNICIPAL LAND FOR PARKING
12. CATEGORY 7: USE OF SIDEWALKS/ STREETS FOR SERVICES
13. CATEGORY 8: USE OF SIDEWALKS FOR OUTDOOR SEATING
14. CATEGORY 9: USE OF SIDEWALKS BY OUTDOOR MERCHANTS
15. CATEGORY 10: MINOR BUILDING ENCROACHMENTS
30 1. DEFINITIONS
“Asset Transfer Regulations” means the Municipal Asset Transfer Regulations (2008) promulgated under the MFMA. “Commercial enterprise” means an activity with the express purpose of making a profit. “Disposal” means transfer of ownership. “Disposal Committee” means the Committee established in accordance with the Immovable Property Disposal Policy. “Driveway” means a dedicated vehicular access to a property. “Encroachment” means any use or physical project that intrudes on or over municipal land. “Encroachment rental” means a fee payable in lieu of an encroachment onto or use of municipal land. “Exclusive” in relation to a right to use means the sole right to use or manage immovable property at the exclusion of all others. “Immovable property” means any land, and the buildings attached to that land, which is in ownership of the Municipality, or which vests in the Municipality, or which is under the control of the Municipality and managed by the Municipality as if it is the owner thereof. “Land owner” means the registered owner of a property or his/her representative, and may include a tenant. “MFMA” means the Local Government: Municipal Finance Management Act (2003) (Act No. 56 of 2003). “Municipality” means the Bitou Local Municipality. “municipal land” means immovable property excluding any buildings. “Municipal Manager” means the Municipal Manager of the Bitou Municipality or any official delegated by him to perform a duty or exercise a discretion in terms of this Policy. “Right to use” means the right to use an immovable property for a period exceeding one month. “Sidewalk” means the portion a road reserve between the kerb or physical edge of the actual road surface and a property abutting that road reserve.
31 2. LEGISLATIVE FRAMEWORK
2.1. The legislative framework for the disposal of and/or the right to use immovable property is contained in a number of laws and regulations, including but not limited to: 2.1.1. The MFMA, in particular section 14, which deals with the disposal of (inter alia) immovable property; 2.1.2. The Asset Transfer Regulations, which (inter alia) governs: (a) The disposal of immovable property; and (b) The granting of rights to lease, use, control or manage immovable property. 2.2. This Policy must be read together with: 2.2.1. The Zoning By-Law; 2.2.2. The Immovable Property Disposal Policy; 2.2.3. The Property Rental Policy; and 2.2.4. Any other relevant laws which deal with immovable property.
3. PURPOSE AND SCOPE
3.1. The purpose of this Policy is to provide a framework for the principles and procedures relating to encroachment onto and the non-exclusive use of immovable property. 3.2. Subject to paragraph 3.3. below, this Policy shall be applicable to encroachments onto and the non-exclusive use of municipal land, and any right to a non-exclusive use of municipal land shall only be granted or recognised in the manner as provided for in this Policy. 3.3. This Policy does not apply to: 3.3.1. The following matters which are is addressed in the Immovable Property Disposal Policy; (a) The disposal of immovable property. (b) The granting of an exclusive right to use or manage immovable property in the form of a lease. (c) The granting of a right to affix telecommunication and related equipment to immovable property.
32 3.3.2. The temporary use of immovable property for informal trading in accordance with the relevant policies of the Council, beach concessions during holiday seasons, and similar informal and/or temporary uses; 3.3.3. Signage on municipal land. 3.3.4. Temporary storage of building material on municipal land during construction activities.
4. GUIDING PRINCIPLES
The following principles and values should underpin activities and decisions regarding encroachments and the non-exclusive use of municipal land: 4.1. In compliance with the provisions of section 14(1) of the MFMA, the Municipality shall not allow any permanent encroachment or permanent non-exclusive use of municipal land that is needed to provide the minimum level of basic municipal services. 4.2. The Municipality has a responsibility to acquire and manage municipal immovable property: 4.2.1. For its own use for purposes of developing and maintaining municipal infrastructure, promoting service delivery and for facilitating social and economic development and spatial integration. 4.2.2. On behalf of its residents and ratepayers, where the key consideration is the best interests of the Municipality (and thus its residents and ratepayers) rather than that of individuals. 4.2.3. All actions relating to the use of immovable property should be of maximum benefit to the Municipality, its operational requirements and the broader community. 4.3. In those instances where a historical unlawful use of immovable property has occurred without the payment of an encroachment rental in circumstances where such rental should have been applicable, the appropriate encroachment rental shall be applied retrospectively when an application to regularize that use is made and approved.
33 5. CATEGORIES OF NON-EXCLUSIVE USE OF MUNICIPAL LAND
5.1. Category 1: Maintenance and landscaping of sidewalks (paragraph 6) 5.2. Category 2: Driveways over sidewalks (paragraph 7) 5.3. Category 3: Parking on sidewalks (paragraph 8) 5.4. Category 4: Landscaping (without fences) on municipal land (paragraph 9) 5.5. Category 5: Access over municipal land (paragraph 10) 5.6. Category 6: Parking on municipal land (other than sidewalks) (paragraph 11) 5.7. Category 7: Wayleaves for non-municipal services (paragraph 12) 5.8. Category 8: Use of sidewalks for outdoor seating (paragraph 13) 5.9. Category 9: Use of sidewalks by outdoor merchants (paragraph 14) 5.10. Category 10: Minor building encroachments (paragraph 15)
6. CATEGORY 1: MAINTENANCE OF SIDEWALKS (LANDSCAPING)
6.1. It is acknowledged that it is in the interests of the Municipality if the owners of residential properties maintain and landscape the sidewalk abutting their properties. 6.2. Such use of the sidewalk for maintenance and landscaping purposes is permitted without any formal approval or payment of any rental, provided that: 6.2.1. Subject to paragraphs 6.2.2 and 6.2.3 below, the landscaping is limited to gravel surfaces, lawns and small shrubs that will not cause any damage to underground infrastructure, and
34 may include flower beds, plant boxes, rockeries and retaining structures not exceeding a height of 0,5m above natural ground level. 6.2.2. The landscaping of the sidewalk may only include trees with the prior written approval by the Municipal Manager, who must be satisfied that such trees will not cause any damage to underground infrastructure. 6.2.3. The landscaping of the sidewalk may only include plant boxes, rockeries and retaining structures exceeding a height of 0,5m above natural ground level with the prior written approval by the Municipal Manager, who must be satisfied that such structures would not compromise the use of the sidewalk or endanger the members of the public using the sidewalk. 6.2.4. No landscaping or landscaping features may obstruct the flow of storm water over or along the sidewalk. 6.2.5. It is desirable that a minimum width of 1,5m of the sidewalk parallel to and at the approximate level of the street at all times be kept clear of any obstructions in the form of shrubs, flower beds, plant boxes and similar features to allow the use thereof by the general public (pedestrians, cyclists, wheelchairs, baby-strollers, and the like), and that the surface of this area be graded and maintained to be level with the sidewalk of the abutting properties. 6.2.6. It is acknowledged that the reservation of such a 1,5m wide strip of the sidewalk will not always be practical or necessary. The Municipal Manager is therefore mandated to exercise a discretion in this regard as and when necessary. 6.2.7. No rocks, boulders, poles or any similar features that are not bona fide landscaping features may be placed in the sidewalk in such a manner that they obstruct or prevent the use of the sidewalk by the general public, which includes the parking of vehicles on that sidewalk.
35 6.2.8. In the case of landscaping on the sidewalk along any of the following streets a minimum width of 4,5m or the full width of the sidewalk, whichever is the largest, parallel and adjacent to and at the approximate level of the street, shall at all times be kept clear of any obstructions in the form of shrubs, flower beds, plant boxes and similar features to allow free and unobstructed use of and parking on the sidewalk by the general public: Alguada Reef Drive, Beachy Head Drive, Beacon Isle Drive, Capricorn Drive, Cordovan Crescent, Cupid Street, High Street, Hill Street, Park Lane, Phitidis Walk, Salmack Road, Susan Street. 6.3. No compensation shall be payable to the landowner if the landscaping on the sidewalk is damaged, destroyed or removed as and when it is required by the Municipality to excavate the sidewalk or any portion thereof for maintenance or the installation of infrastructure, for street widening, or for any other Municipal purposes. 6.4. If landscaping and related features have been provided on the sidewalk without any prior approval and in conflict with paragraph 6.2 above, and if the land owner fails to correct the matter after due notice by the Municipality, the Municipality may remove that landscaping or landscaping features at the cost of that land owner.
7. CATEGORY 2: USE OF SIDEWALKS (DRIVEWAYS)
7.1. It is acknowledged that landowners need to obtain vehicular access to their properties across the sidewalk, which may include the construction/paving of driveways. 7.2. Informal driveways where no construction/paving occurs may be allowed across the sidewalk without an encroachment agreement or payment of encroachment rental, provided that the requirements of paragraph 6.2 above, where applicable, shall be complied with. 7.3. Driveways may be constructed/paved across the sidewalk without payment of encroachment rental, provided that:
36 7.3.1. An encroachment agreement shall be entered into with the Municipality. 7.3.2. A driveway shall be constructed/paved in such a manner that a minimum width of 1,5m of the sidewalk parallel to the street shall at all times be kept clear of any obstructions to allow the crossing of that driveway by the general public (pedestrians, cyclists, wheelchairs, baby-strollers, and the like). 7.3.3. It is acknowledged that the reservation of such a 1,5m wide strip of the sidewalk will not always be practical or necessary. The Municipal Manager is therefore mandated to exercise a discretion in this regard as and when necessary. 7.3.4. Subject to paragraph 7.3.5 below: (a) The width of a driveway shall not exceed 6m. (b) If the driveway includes a pedestrian entrance, the width may be increased to 7,5m. In the alternative a separate pedestrian access pathway not exceeding a width of 1,5m may be provided. (c) Not more than one driveway per street frontage abutting a property shall be allowed. (d) No driveway shall be closer than 4,5m to the splayed corner of a street. (e) No driveway may include any retaining structures, side walls or any similar features above the natural ground level. (f) No driveway may obstruct the flow of storm water over or along the sidewalk. (g) If a property slopes up from the street the driveway shall be constructed in such a manner that the surface thereof shall be at the same level than that of the surrounding sidewalk. (h) If a property slopes down from the street the driveway shall be constructed in such a manner that the first 2,5m of the driveway shall be at the same level than that of the street.
37 7.3.5. The Municipal Manager may grant written exemption from the requirements in paragraph 7.3.4 above. This exemption may include a requirement relating to the payment of encroachment rental. 7.3.6. No compensation shall be payable to the land owner if the driveway on the sidewalk is damaged, destroyed or removed as and when it is required by the Municipality to excavate the sidewalk or any portion thereof for maintenance or the installation of infrastructure, for street widening, or for any other Municipal purposes. 7.4. In those instances where driveways have been constructed in the past in conflict with the above and without prior formal approval, the land owner shall without undue delay take the necessary action to rectify the matter. This action may include removal of the contravening driveways or obtaining the required approvals and/or exemptions. 7.5. If driveways have been constructed on the sidewalk without any prior approval and in conflict with paragraph 7.3.4, and if the land owner fails to correct the matter after due notice by the Municipality, the Municipality may remove that driveway at the cost of that land owner.
8. CATEGORY 3: USE OF SIDEWALKS (PARKING)
8.1. It is acknowledged that visitors to properties often make use of the sidewalk for parking on an informal basis. This is allowed without an encroachment agreement or payment of encroachment rental, provided that the parking occurs: 8.1.1. On the sidewalk immediately in front of the property concerned. 8.1.2. In such a manner that the safety and convenience of the general public is not compromised. 8.1.3. In such a manner that it is not a source of nuisance to others, in particular to abutting land owners. 8.1.4. If the parking is related to a commercial enterprise on the property concerned, not more than three motor vehicles
38 (including employers/employees and visitors) shall at any time be parked on the sidewalk. 8.2. If a land owner wishes to construct/pave formal parking on the sidewalk (in addition to parking available on the driveway) the following principles shall apply: 8.2.1. The prior written approval by the Municipal Manager shall be obtained. 8.2.2. The Municipal Manager may refuse to allow the construction/paving of such parking on the sidewalk in the following circumstances: (a) If the parking is of such a nature that it may endanger or be an inconvenience the general public. (b) If the practical effect of the parking will be that is that the general public will either be excluded from the use of or be uncomfortable to use that parking, in particular in areas mentioned in paragraph 6.2.8 above where public parking along the sidewalk is of critical importance. (c) Any other reason which in the opinion of the Municipal Manager makes the construction/paving of such parking undesirable. 8.2.3. Once approval is granted by the Municipal Manager, a formal encroachment agreement shall be entered into with the Municipality prior to the construction/paving of the parking on the sidewalk. 8.2.4. If in the opinion of the Municipal Manager the intention or practical effect of the construction/paving of the parking on the sidewalk will be that the public will either be excluded from the use thereof or be uncomfortable to use that parking, the land owner may be required to: (a) Clearly sign post that parking as ‘public parking’, or (b) Pay an encroachment rental. 8.2.5. If the construction/paving of the parking on the sidewalk is approved by the Municipal Manager and the primary purpose
39 of that parking is in support of a commercial enterprise the encroachment rental will be market related. 8.2.6. The parking area shall be designed and constructed in such a manner that a minimum width of 1,5m of the sidewalk parallel to and at the approximate level of the street shall at all times be kept clear of any obstructions in the form of parked motor vehicles or landscaping features, and the surface of the parking area shall be graded and maintained to be level with the sidewalk of the abutting properties. 8.2.7. It is acknowledged that the reservation of such a 1,5m wide strip of the sidewalk will not always be practical or necessary. The Municipal Manager is therefore mandated to exercise a discretion in this regard as and when necessary. 8.2.8. No compensation shall be payable to the land owner if the constructed/paved parking on the sidewalk is damaged or destroyed as and when it is required by the Municipality to excavate the sidewalk or any portion thereof for maintenance or the installation of infrastructure, for street widening, or for any other Municipal purposes. 8.3. In those instances where parking has in the past been constructed/paved on the sidewalk without prior approval, the land owner shall without undue delay take the necessary action to rectify the matter. This action may include removal of the parking or obtaining the required approvals. 8.4. If parking has been constructed/paved on the sidewalk without any prior approval and in conflict with paragraph 8.1 above, and if the land owner fails to correct the matter after due notice by the Municipality, the Municipality may remove that parking at the cost of that land owner.
40 9. CATEGORY 4: USE OF MUNICIPAL LAND (OTHER THAN SIDEWALKS) FOR UNFENCED LANDSCAPING
9.1. It is acknowledged that landowners may often maintain and landscape Municipal land other than sidewalks immediately abutting their own properties without fencing of those areas and therefore in theory not preventing the general public access to such land. 9.2. If the purpose of such maintenance and landscaping is to enhance the public space, to improve the natural environment, or for related purposes of benefit to the Municipality it is acceptable. However, if the primary purpose is to effectively increase the private garden area of the land owner it has to be discouraged. 9.3. Such use of Municipal land (other than sidewalks) for landscaping and related purposes, and without any fencing, may therefore only occur with the prior written approval of the Municipal Manager, who may impose such conditions of approval as may be deemed fit. No encroachment agreement or encroachment rental will be applicable. 9.4. In those instances where such landscaping has in the past occurred on Municipal land without any prior approval, the land owner shall without undue delay take the necessary action to rectify the matter.
10. CATEGORY 5: USE OF MUNICIPAL LAND (OTHER THAN SIDEWALKS) FOR ACCESS PURPOSES
10.1. It is acknowledged that landowners may often cross Municipal land other than sidewalks on an informal basis to obtain additional access to their properties. 10.2. This is acceptable, and does not require an encroachment agreement or encroachment rental, provided that: 10.2.1. No formal driveways are constructed. 10.2.2. No vegetation is destroyed to allow such access. 10.2.3. The use is not a source of nuisance to others, in particular to abutting land owners.
41 10.2.4. It be clearly understood that the informal access is allowed at the pleasure of the Municipality. 10.3. It is also acknowledged that there may be instances where properties are effectively land-locked with no direct or practical access from a street, and that it may be required to obtain access via Municipal land. 10.4. Such access may be allowed on an informal basis, in which case the principles outlined in paragraph 10.2 above will apply. 10.5. However, should the owner of a land-locked property wish to construct/pave a formal driveway or require a formal approval for such use it will be necessary to do one of the following: 10.5.1. A formal encroachment agreement can be entered into. This is not a permanent use right, as the Municipality may require the land for alternative purposes and require that the alignment of the access be changed. 10.5.2. An access servitude can be registered. This is a permanent option which will in effect imply a disposal of municipal land (and is addressed in the Immovable Property Disposal Policy).
11. CATEGORY 6: USE OF MUNICIPAL LAND (OTHER THAN SIDEWALKS) FOR PARKING PURPOSES
11.1. It is acknowledged that landowners may often use Municipal land (excluding sidewalks and streets) on an informal basis for parking purposes. 11.2. This is acceptable, and does not require an encroachment agreement or encroachment rental, provided that: 11.2.1. No formal parking areas are constructed/paved. 11.2.2. No vegetation is destroyed to allow such parking. 11.2.3. The use is not a source of nuisance to others, in particular to abutting land owners. 11.2.4. The parking may not be related to a commercial enterprise. 11.2.5. It be clearly understood that the informal parking is allowed at the pleasure of the Municipality.
42 11.3. If a landowner wishes to use Municipal land (other than sidewalks) for parking purposes related to a commercial enterprise or to construct/pave parking the following principles shall apply: 11.3.1. The prior written approval by the Municipal Manager shall be obtained. 11.3.2. The Municipal Manager may refuse to allow the parking on the Municipal land in the following circumstances: (a) If the parking is of such a nature that it may endanger or be an inconvenience the general public. (b) If the parking will have a detrimental impact on the amenity and general appearance of the area. (c) If the practical effect of the parking will be that is that the general public will either be excluded from the use of that Municipal land or be uncomfortable to use that Municipal land as a result of the parking. (d) Any other reason which in the opinion of the Municipal Manager makes the use or construction/paving of such parking undesirable. 11.3.3. Once approval is granted by the Municipal Manager, a formal encroachment agreement shall be entered into with the Municipality prior to the use of that Municipal land, and the payment of encroachment rental may be required. 11.3.4. If the parking is primarily related to a specific commercial enterprise the encroachment rental must be market-related. 11.3.5. No compensation shall be payable to the land owner if the constructed/paved parking on the sidewalk is damaged or destroyed as and when it is required by the Municipality to excavate the sidewalk or any portion thereof for maintenance or the installation of infrastructure, for street widening, or for any other Municipal purposes.
43 12. CATEGORY 7: USE OF SIDEWALKS AND STREETS FOR NON- MUNICIPAL SERVICES INFRASTRUCTURE (WAYLEAVES)
12.1. It is acknowledged that a variety of service providers are of necessity required to provide non-municipal services relating to telecommunication, broadband internet access, closed-circuit television, electricity, and the like on sidewalks or in the street. 12.2. It is also recognised that unfettered access by such service providers to install or maintain the required services may well damage or compromise current or future municipal services or the future use of municipal land. 12.3. No new non-municipal services may be installed in any streets or on any sidewalks without the prior written approval by the Municipal Manager. Depending on the circumstances, and at the sole discretion of the Municipal Manager, the approval may be required to be in the form of a wayleave agreement, or be granted on condition that a wayleave agreement be entered into with the Municipality. 12.4. No maintenance work in respect of any new or existing non-municipal services in any streets or on any sidewalks that requires excavation, disturbance of the surface level of the street or sidewalk, or any similar activities, may be undertaken without the prior written approval by the Municipal Manager. Depending on the circumstances, and at the sole discretion of the Municipal Manager, it may be required that the maintenance work be preceded by a formal wayleave agreement. 12.5. In those instances where non-municipal services have in the past been provided or installed on sidewalks or in streets without any prior approval, the service provider shall without undue delay take the necessary action to rectify the matter. This action may include removal of the non-municipal services or obtaining the required approvals. 12.6. No compensation shall be payable to the service provider if the non- municipal services in streets or on sidewalks are damaged or destroyed as and when it is required by the Municipality to excavate the sidewalk or any portion thereof for maintenance or the installation
44 of infrastructure, for street widening, or for any other Municipal purposes.
13. CATEGORY 8: USE OF SIDEWALKS FOR OUTDOOR SEATING
13.1. It is acknowledged that the appropriate use of sidewalks for the outdoor seating of patrons to restaurants, coffee-shops and other businesses is desirable as it contributes to the creation of vibrant public areas. 13.2. If a land/shop owner/tenant wishes to use a portion of the sidewalk for outdoor seating purposes a formal application shall be made to the Municipal Manager for consideration by the Disposal Committee. 13.3. This application shall be made in the prescribed format (if applicable), and shall include at least the following: 13.3.1. Detail of the relevant land/shop owner/tenant and his/her locus standi to make the application. 13.3.2. A description of the property. 13.3.3. A description of (and motivation for) the proposed use, compatibility of the proposed use with the surrounding environment, impact on the street scape, duration of the proposed use, and related matters. 13.3.4. An indication of the proposed encroachment rental offered and the basis for that offer. 13.3.5. A sketch plan showing the dimensions of the proposed sidewalk encroachment area, the location of any street furniture (bollards, traffic signs, lamp posts, plant boxes, fire hydrants, manholes, etc.), the kerb line of the abutting street, any improvements that are proposed to be made, the frontage of and entrances to the existing building, and related aspects. 13.4. The following principles shall inter alia be taken into account before a decision is made by the Disposal Committee on an application to establish an outdoor seating area on the sidewalk:
45 13.4.1. The encroachment area should not interfere with safe vehicle and pedestrian movement. Care should in particular be given to the needs of the physically disabled. 13.4.2. The encroachment area should not be fenced off to prevent the general public to move through the seating area. 13.4.3. A minimum width of 1,5m of the sidewalk in a suitable position parallel to the street should at all times be kept clear of any obstructions in the form of tables, chairs, umbrellas, stalls, and similar features to allow the use thereof by the general public (pedestrians, cyclists, wheelchairs, baby-strollers, and the like). 13.4.4. The encroachment area shall not interfere with any essential services (above or underground). 13.4.5. The encroachment area should preferably be limited to the linear frontage of its parent business. 13.4.6. If the intention is to extend the encroachment area beyond the linear frontage of its parent business the impact on other business or on the general public who would be deprived from the use of that area on an informal basis should be considered. 13.4.7. The design, materials and colours of outdoor seating areas should compliment the architectural style and colours of the parent business’ building façade. 13.4.8. If any structures are to be erected as part of the outdoor seating area they should enhance the built environment, be temporary in nature and not in any manner be a source of inconvenience to pedestrian and other users of the sidewalk. 13.4.9. The encroachment rental may not necessarily be market- related. 13.5. Once approval is granted by the Disposal Committee, a formal encroachment agreement shall be entered into with the Municipality prior to the use of the sidewalk for outdoor seating purposes. 13.6. In those instances where the sidewalk has in the past been used for outdoor seating purposes without prior formal approval, the land/shop
46 owner/tenant shall without undue delay take the necessary action to rectify the matter. This action may include removal of the contravening outdoor seating areas or obtaining the required approvals and/or exemptions. 13.7. If outdoor seating areas have been constructed on the sidewalk without any prior approval, and if the land/shop owner/tenant fails to correct the matter after due notice by the Municipality, the Municipality may remove that outdoor seating area at the cost of that land owner.
14. CATEGORY 9: USE OF SIDEWALKS AT STREET LEVEL (OUTDOOR MERCHANTS)
14.1. It is as a matter of principle not regarded as desirable for goods offered for sale from shops to be displayed on the sidewalk in front of those shops. 14.2. However, it is nevertheless acknowledged that in appropriate circumstances the use of sidewalks for the outdoor display of goods may well contribute to the creation of vibrant public areas. 14.3. The same application process and principles that apply to outdoor seating areas (as explained in paragraph 13.2 – 13.7 above) are equally applicable here.
15. CATEGORY 10: MINOR BUILDING ENCROACHMENTS
15.1. It is acknowledged that in cases where zero building lines are applicable to properties, which is in particular the case in the Central Business District and similar areas, it is inevitable that the following features will project over or onto the street/sidewalk: 15.1.1. Roof overhangs, cantilevered canopies, bay windows and similar features above ground level. 15.1.2. Minor architectural features such as verandah or canopy support columns, and similar features at ground level. 15.2. This is acceptable and does not require any encroachment agreement or encroachment rental, provided that:
47 15.2.1. No stormwater discharge onto the sidewalk or into the street shall occur. 15.2.2. The minimum height between the sidewalk and the underside of a roof overhang, canopy, bay window or similar feature is 3m. 15.2.3. No verandah (or similar feature) may be wider than 3m, and the edge of a veranda (or similar feature) may not be closer than 0,5m from the kerb (or edge of the road or public parking area). 15.2.4. No veranda column or other vertical obstruction of any nature may be placed in an area where the sidewalk is less than 1,8m wide. 15.2.5. No veranda column may be less than 3m or more than 4m in height. 15.2.6. The encroaching structure shall not interfere with any essential services (above or underground). 15.2.7. No encroaching structure may in any manner obstruct or detract from the flow of traffic, the movement of pedestrians and the parking of vehicles in a public road. 15.2.8. No trees on the sidewalk may be removed or pruned to make provision for any building encroachments. 15.2.9. The encroachment is clearly shown on a building plan formally filed with the Municipality, together with an appropriate indemnity. 15.3. The Disposal Committee may, on application, grant approval for a deviation from the abovementioned principles. 15.4. If access is made available to a canopy (or similar feature) above the sidewalk, and if the that canopy is used as part of a commercial enterprise, a market-related encroachment rental shall be payable. 15.5. It is also acknowledged that a further result of zero building lines is that it is equally inevitable that certain minor building features such as cornices, corbels and pilasters will encroach onto the sidewalk. 15.6. This is acceptable and does not require any encroachment agreement or encroachment rental, provided that:
48 15.6.1. The encroaching structure shall not interfere with any essential services (above or underground). 15.6.2. No encroaching structure may in any manner obstruct or detract from the flow of traffic, the movement of pedestrians and the parking of vehicles in a public road.
49 Annexure "B"
PROPERTY RENTAL POLICY
APPROVED BY COUNCIL DATE:
NEW POLICY NUMBER: APPROVED BY: Council Date Approved Next Review date MINUTE DATE: EFFECTIVE DATE: NO. OF PAGES: 27
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TABLE OF CONTENTS
DEFINITIONS
ABBREVIATIONS
1. PURPORSE
2. OBJECTIVES
3. POLICY PRINCIPLES
4. LEGISLATIVE FRAMEWORK
5. KEY ROLE PALYERS FOR GENERAL PUBLIC APPLICATION FOR
PROPERTY RENTAL
5.1 Administrative Manager
5.2 Project Steering Committee
5.3 Director Human Settlements
5.4 Housing Allocation oversight
5.5 Housing information Branch
5.6 Housing Estate Office
5.7 Provincial Department Human Settlements
5.8 National Department Human Settlements
5.9 Human Settlements Portfolio Committee
5.10 Mayoral Committee Member of Human Settlements
5.11 Applicants
5.12 Administrator
6 POLICY DIRECTIVES
6.1 Overall oversight role
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8 PROPERTY APPLICATION PROCESS AND PROCEDURE FOR EMPLOYEES
9 GENERAL NATIONAL QUALIFYING CRITERIA FOR HOUSING ASSISTANCE
10 GENERAL SELECTION CRITERIA
11 EXCEPTIONS
12 GUIDELINES FOR ALLOCATION OF OFFICIAL ACCOMODATION TO
EMPLOYEES
13 REQUEST TO VACATE OFFICIAL ACCOMODATION BY EMPLOYEE
14 RESPONSIBILITY UPON VACATING ACCOMDATION BY EMPLOYEE
15 RESPONSIBILITY FOR PERSONAL EFFECTS
16 OWNERSHIP OF OWN DWELLING
17 DEVIATION
18 PROCESS OF APPEAL
19 TRANSFER TO OTHER UNITS
20 TRANSFER OF TENANCY
21 RIGHTSIZING
22 ALLOCATION FOR HOUSING FOR AGES
23 RE-INSTATEMENT OF TENANCIES
24 IMPLEMENTATION PLAN
25 MONITORING, EVALUATION AND REVIEW
26 APPLICATION FOR INTERPRETATION
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DEFINITIONS In this policy –
“Aged persons” mean persons who are 60 years and older in terms of the South African Social Services Social Grants directives.
“Anti-social behaviour” means acting in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons including alcohol, drug and substance misuse and dealing, illegal possession of firearms, intimidation, harassment, gangsterism and vandalism.
“Backyard dwellers” means persons who live in informal structures and overcrowded conditions within formal developed areas.
“Community Residential Unit” means existing, new, redeveloped and refurbished municipal-owned rental housing created for persons and households with a monthly income of less than R3500 (or as amended by the National Department of Human Settlements).
“Dependants “The spouse or life partner of the employee.
A child or adopted child of the employee who is still dependent on the employee.
Any other person who is dependent on the employee or who, in the opinion of the approving authority, can be regarded as being a part of the employee’s household, at all times being subject to the available habitable extent of the dwelling occupied by the employee.
“Dwelling” Includes dwelling houses, single quarters, hostels and flats.
“Employee/s” A member of the staff of the Bitou Municipality.
“Exceptional Housing Need” means a situation where an applicant is assisted on a priority basis as recommended by the Housing Allocation Oversight Committee and approved by the Manager: Human Settlements.
“Family member” means a relative of the deceased tenant or a relative of the deceased tenant’s spouse or partner, such as an uncle, aunt, brother, sister, child or grandchild, if such relative is part of the original family housed or born on the property
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and has been living with the deceased tenant for an unbroken period of at least two (2) years immediately prior to the death of the tenant.
“Functional necessity” Employees who deliver essential services, individually or
as a group who are required to be available at all times at or near their work centres.
Employees who are required to be present on a continuous basis to ensure the safety/operation of municipal plant and machinery
“GAP or Affordable Housing” means housing opportunities for beneficiaries with a monthly household gross income ranging between R3 501 and R15 000 (or as amended by the National Department of Human Settlements).
“Greenfields Project” means a project component occupying a greenfield site on which there are no pre-existing, legal occupants, and for which the municipality has discretion to select beneficiaries, provided they are eligible for the subsidy.
“Good standing tenant” means a tenant who has no rental arrears and no record of anti-social behaviour.
“Guardian” means a person or persons legally appointed by a Court of Law or on recommendation by the Social Development Department in terms of the Children’s Act, No. 38 of 2005 to be the guardian for minors.
“Housing Information Branch” means the section in the Human Settlements Directorate which administers and manages the Bitou’s Housing Database
“Housing Opportunity” means a serviced site or a serviced site and top structure or Community Residential Unit or Social Housing Unit.
“National Housing Programmes” means the range of housing programmes provided for in the National Housing Code.
“Housing Subsidy System” means the computerised system managed by the National Department of Human Settlements and used by Provincial Departments and accredited municipalities to administer housing projects and subsidy applications.
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“National Housing Demand Database” means the national database managed by the National Department of Human Settlements which contains the names and identity numbers of the persons who have been uploaded from the Bitou’s Housing database
“Infill Project” means the development of vacant or under-used land parcels within existing urban areas that are already largely developed.
“Informal Settlements” means areas where informal housing structures have been constructed on land that the occupants have no legal claim, or occupy illegally or unplanned settlements and areas where housing is not in compliance with current planning and building regulations (unauthorized housing).
“Lease Agreement” means the legal agreement between the lessor and lessee “Lessee” An Employee (or a dependant of a deceased Employee) who has been allocated official accommodation in terms of this policy. Or Tenant renting the property” Monthly
“Lessor” Bistou Municipality
Household Income” means the joint gross monthly income of the applicant and/or his /her spouse or partner to be considered for eligibility of a housing opportunity
“Municipality” Bistou Municipality “National Housing Code” means the document containing national housing policy, guidelines, norms and standards in terms of Section 4 of the Housing Act, No. 107 of 1997.
“Non-Qualifiers” mean those applicants who do not meet the national criteria for a housing subsidy as stipulated in the National Housing Code.
“Non-responsive applicants” means an applicant from the Municipality’s housing database who cannot be contacted three months from the date the lists were first displayed. Applicants who do not respond within three months to appeals and adverts to make contact with the housing/project office will be regarded as non-responsive applicants and will be categorised as ‘DORMANT ‘on the housing database.
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“Housing for the aged” mean Bitou-owned rental units which have been developed specifically to accommodate aged persons
“Project Manager”
“Project Steering Committee” means the project committee elected in terms of Council Resolution, 17 October 2006 who makes recommendations to the director on the project specific targeted areas, acts in an advisory role and facilitates communication between the Bitou and the approved beneficiaries for the duration of a project.
“National Housing Programme” means the range of housing programmes as set out in the National Housing Code, 2009.
“National Qualifying Criteria” means the criteria set out in the National Housing Code stipulating the requirements for applicants to qualify as beneficiaries for various housing opportunities.
“Official Accommodation” The dwelling, including buildings, outbuildings, structures, land, fittings, machinery and equipment pertaining to the dwelling, and includes furniture which is the property of the Bitou Municipality and occupied and/or used by an Employee as an operational requirement/need for his/her specific post.
“Re-instatement of tenancy” means those instances where a tenant after earlier vacating their previous unit due to circumstances beyond their control are is allocated a rental unit.
“Re-instatement of status on the Housing Database” means changing an applicant’s status on the Bitou Housing Database for example from ‘cancelled’ to ‘assisted’.
“Rightsizing” means the placing of a family in accommodation that is accessible and/or appropriate for their needs and/or income.
“Social Housing” means rental housing constructed and managed by the Bitou’s social housing partners in terms of the National Social Housing Act,2008
“Special Needs category” means applicants that are categorised as:
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(b) Persons who are 60 years and older in terms of the South African Social Services Social Grants directives;
(c) Military Veterans;
(d) Aged Farmworkers as defined by the Extension of Security Tenure Act, 1997;
(e) Listed Victims as set out in Volume 7 of the Truth and Reconciliation Commission Report;
(f) Street people who constitute a family and who have successfully been rehabilitated via the City’s Assessment Centres; and
(g) Other vulnerable persons, in accordance with clear approved guidelines, recommended by the Allocations Committee and approved by the ED
“Targeted areas” means specific and/or the immediate areas surrounding the housing project as recommended by the PSC. The targeted area will be expanded progressively in future projects to ultimately include the entire metropolitan area.
“Tenure” means the conditions under which land or buildings are occupied and is either ownership or lease (or recognition / acknowledge).
“Transfer to another CRU” means the transfer of a tenant to an alternate rental accommodation unit
“Transfer of tenancy” means the transfer of the tenancy of a Council CRU for a valid reason, to another family member or person living in the same CRU.
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ABBREVIATIONS AND ACRONYMS
ARF Allocation Request Form
CRU Community Residential Unit
ED Executive Director
HIB Housing Information Branch
IRDP Integrated Residential Development Programme
PSC Project Steering Committee
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PURPOSE
Bitou Municiplaity has an increased access to integrated human settlements to those who need it through the possible sale or transfer of and allocation of rental in respect of municipal property (ies) identified beneficiaries and provides for the needs of applicants who have registered on the Municipality Housing Database for housing assistance in green-field, existing and new CRU rental housing and a specific income category of Social Housing; Bitou Municipality promotes responsiveness by creating an environment where citizens can be communicated with and responded to; and facilitates inclusive, fair, consistent, transparent and equitable system set out in this policy, ensuring a transparent Municipality that is corruption free and enables an efficient, productive administration that prioritizes service delivery.
OBJECTIVES 1.1. The main objective of the policy is to set out the criteria, processes and procedures for: 1.1.1. Applicants to register their housing needs on the Municipal Housing database; 1.1.2. Selecting beneficiaries for new green-field housing opportunities inclusive of new CRU and the below R3 500 income category in Social Rental Housing; 1.1.3. Selecting tenants when vacancies occur in existing rental stock; 1.1.4. The conditions under which applicants will be deemed non-responsive and will have their status on the Bitou Municipality Housing Database re- classified as dormant’ 1.1.5. Prioritizing an exceptional housing need which deviates from date of application order principles set out in this policy; and 1.1.6. The circumstance where the Executive Mayor and Council may approve deviations from this policy.
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2.2. The effective implementation of this policy shall result in the fair, transparent, equitable allocation of housing opportunities to qualifying applicants from the Municipal’s Housing Demand Database.
2. POLICY PRINCIPLES 2.1. Equity: all persons have equal opportunity in applying for housing assistance in accordance with the applicable National Housing Programme. 2.2. Transparency: any person has reasonable access to this policy and the process in selecting and ranking applicants for a housing opportunity. 2.3. Functionality: this policy is practical and understandable. 2.4. Social cohesion: the spirit of this policy is to minimize social conflict and optimize development progress. 2.5. Access: this policy is applied to enhance access to housing opportunities in the Municipality’s green-field and CRU developments as well as for the below R3 500 income category in Social Housing opportunities developed by the Municipality’s housing partners. 2.6. The Municipality may make official accommodation available from time to time as the need arises for accommodation of Employees, based on functional necessity as assessed by the Director of the applicable service unit or her/his delegate in terms of this policy: 2.7. The Employee is required by virtue of occupying an identified post to be accommodated at or within the direct environment of his/her work centre. 2.8. The Employee must be located at a work centre due to the requirements of the post held by him/her. 2.9. The Employee must inhabit specific accommodation at or within the direct environment of the work centre based on functional necessity as assessed by the Director of the applicable service unit to which the employee is allocated. 2.10. The provision of official accommodation shall attach to a post identified by the Municipality and occupied by the Employee and not to the employee in his/her personal capacity.
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2.11. Official accommodation shall be occupied by the Employee, spouse/life partner and his/her dependents only. 2.12. A written lease agreement shall be entered into with the Municipality by every employee who occupies official accommodation. 2.13. Official accommodation may not be sub-let or assigned by the Employee or dependant under any circumstances. 2.14. Only Employees who are allocated and occupy official accommodation as a requirement of the post he/she occupies shall not be precluded from purchasing a private dwelling and participating in the applicable housing allowance scheme. 2.15. A central database shall be maintained by the Property Administration Section within the Town Planning and Property Management Department for all official accommodation, which database shall be kept up to date in a register
3. LEGISLATIVE FRAMEWORK The Constitution of the Republic of South Africa, 1996; The Housing Act No. 107 of 1997; The National Housing Code 2009; Western Cape Provincial Framework Policy for the Selection of Housing Beneficiaries in Ownership-based Subsidy Projects; Local government: Municipal Finance Management act, 2003 Municipal Asset Transfer Regulations (“the regulations”) Rental Housing act, 1999
4. KEY ROLE PLAYERS FOR GENERAL PUBLIC APPLICATION FOR PROPERTY RENTAL
4.1. ADMINISTRATIVE MANAGER
15.1.1 The Administrative Manager (AM) is responsible for managing all aspects of the new housing development including liaising with the Municipal Housing
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Allocation Oversight Committee and the PSC on matters relating to beneficiary selection, approval and allocation and who will account to the Director . 15.1.2 The Administrative Manager is responsible for submitting the completed Allocation Request Form (ARF) via the agreed process to the Director for approval of the recommended project specific targeted areas and percentage beneficiary splits; 15.1.3 The AM and his/her support staff are responsible for contacting applicants and ensure that the latter are available to sign subsidy application forms and Deeds of Sale with the subsidy administrators and assist in the execution of all other duties and functions related to the beneficiary subsidy application process; 15.1.4 The AM must keep a record and verify the number of beneficiaries who have been identified, contacted, subsidies approved in order to ensure applicants do not lose out on a housing opportunity; 15.1.5 The AM must facilitate Housing Consumer Education workshops for all approved beneficiaries; 15.1.6 The AM is responsible for providing the HIB with a list of beneficiaries who have been allocated a housing opportunity and where applicable, signed ‘happy letters’ 15.1.7 Applicant who have received subsidy approval, but cannot be traced after extensive attempts to take occupations of the house will have to be de- registered and the Project Manager must ensure that the Provincial Department receives this request.
4.2. PROJECT STEERING COMMITTEE 5.2.1 The establishment and composition of the Project Steering Committee (PSC) is described in the Human Settlements “Framework for the Establishment of Project Steering Committees”; The PSC is responsible for discussing, obtaining agreement and thereafter recommending to the ED the project specific targeted areas and percentage beneficiary splits for approval in terms of the current delegations; and
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5.2.2 The PSC will play an advisory role and facilitate effective communication between the City as developer and the approved beneficiaries for the duration of the project.
4.3. DIRECTOR: HUMAN SETTLEMENTS
4.3.1. The Director if he/she agrees, will approve the targeted areas and percentage split of beneficiaries as recommended by the PSC by signing-off the ARF submitted by the PM; 4.3.2. The Director must in consultation with the Portfolio head to approve specific cases of exceptional housing need recommended by the Housing Allocation Oversight Committee for priority housing allocation; and 4.3.3. The Director in consultation with the Portfolio head may amend the targeted areas and percentage allocation split should the analyses as done by the HIB and relevant Director indicate that amendments are required.
4.4. HOUSING ALLOCATION OVERSIGHT COMMITTEE
5.4.1 The establishment and composition of the Housing Allocations Oversight Committee is described in the “Framework for the Establishment of the Housing Allocations Committee” and is responsible for:
a) Verifying that the PSC has followed the applicable prescripts of this Policy in arriving at the project specific targeted areas and beneficiary splits by assessing and signing off on the information in the ARF;
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b) Monitoring the selection of applicants as potential beneficiaries according to the project-specific criteria as prescribed in this Policy; c) Considering cases of exceptional housing need (priority housing) brought to its attention and make recommendations to the Director for his/her approval for priority housing allocation; and d) Making recommendations to the Director on other matters brought to its attention.
4.5. HOUSING INFORMATION BRANCH
4.5.1. The Housing Information Branch (HIB) manages and administers the Municipal Housing Database and is responsible for:
(a) Ensuring that all applicants on the Housing Database update their information annually (b) Identifying and submitting the details of the next applicant from the housing database to the local housing office when advised of a vacancy in the Municipality existing Municipal property; (c) Contacting applicants where allocations are imminent. This may include the use of letters, telephone calls, smses, posters, advertisements, property searches, other databases search or physical visits to addresses as per available information on the database; (d) Drawing a list of applicants from the Housing Database according to the information on the ARF for the project and approved by the Director; (e) Discussing the drawn list of applicants with the relevant Director/s who may refer the outcome to the Director for possible amendments to the targeted areas and percentage beneficiary splits; (f) Submitting the lists of applicants as the potential project beneficiaries to the PM, responsible for the implementation and/or management of the project, via the agreed process; Page | 15 BITOU MUNICIPALITY PROPERTY RENTAL POLICY Status: FINAL DRAFT Council consideration: 31 August 2020 (Resolution C/1/163/08/20)
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(g) Continuing to draw supplemental lists of applicants from the housing database and submit these to the PM until the total number of approved beneficiaries for the projects have been achieved; and (h) Ensuring that all relevant housing database information is regularly uploaded to the Housing Subsidy System (HSS) and National Housing Demand Database at the National Department of Human Settlements.
4.6. HOUSING ESTATE OFFICES
4.6.1. The Housing Estate offices are responsible for:
(a) Advising the HIB of any CRU rental vacancies that must be filled by applicants on the housing database; and (b) Entering into renewable two-year lease agreements with tenants identified in terms of this policy and advises the HIB accordingly.
4.7. PROVINCIAL DEPARTMENT OF HUMAN SETTLEMENTS
5.7.1 The Provincial Department of Human Settlements, based on existing arrangements with the Municipality, grants the Municipality certain levels of authority to access housing subsidy applications; 5.7.2 The Department shall also provide the Municipality with the necessary support until the Municipality is granted full access to the HSS as part of the any agreement which they may have; and
4.8. NATIONAL DEPARTMENT OF HUMAN SETTLEMENTS 4.8.1. The NDHS is responsible for administering the HSS and National Housing Demand Database; and 4.8.2. The NDHS may appoint external auditors to investigate a particular allocation process.
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4.9. HUMAN SETTLEMENTS PORTFOLIO COMMITTEE 4.9.1. The Portfolio Committee monitors the implementation of the policy.
4.10. MAYORAL COMMITTEE MEMBER FOR HUMAN SETTLEMENTS
4.10.1. The Mayoral Committee member endorses the targeted areas and percentage beneficiary splits as approved by the ED. 4.11. APPLICANTS
4.11.1. Applicants are required to register their need for housing on the Municipality’s housing database; 4.11.2. All applicants registered must inform the HIB on any changes in personal information such as address, marital status, income, or special needs and disabilities; 4.11.3. Applicants must at all times ensure they are contactable by updating their contact details with the HIB; and 4.11.4. Applicants must co-operate with the HIB when required to update their information on the housing database every two years.
5.12 ADMINISTRATORS
5.12.1 The Administrators are officials from the Municipality or appointed service providers who administer and manage the subsidy application process for the potential beneficiaries and is responsible for: a) Ensuring that they only work from the list/s of applicants from the Housing Database, under no circumstances must any other lists or names be used; b) Ensuring that the applicants complete their housing subsidy application forms and sign Deeds of Sale; c) Ensuring that all subsidy application forms are timeously submitted to the Municipality’s housing subsidy administration unit and providing the necessary cooperation throughout the verification process;
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d) Assisting all applicants throughout the entire subsidy application process until the finalization thereof; e) Advising applicants in writing of the outcome of their housing subsidy application; f) Advising the Administrative Manager and HIB on the outcome of the beneficiary subsidy applications; and g) Ensuring that all subsidy approved beneficiaries have signed a Deed of Sale for the erf allocated. h) Providing the Administrative Manager with details of handovers.
5. POLICY DIRECTIVES 5.1. OVERALL OVERSIGHT ROLE The Director, together with his relevant Managers, must take responsibility of matters relating to beneficiary selection, approval and allocation and not solely leave this responsibility to the Administrative Manager.
6. APPLICATION PROCESS AND PROCEDURES FOR GENERAL PUBLIC 6.1. The housing application process for all housing opportunities is directly managed by the Bitou Municipality. 6.2. Persons requiring housing assistance are required to complete a standard Housing Application Form. These forms are available at no cost from local housing offices, or Bitou Municipality website. 6.3. Completed application forms, together with any supporting documents must be returned to the nearest housing office or from the office where the form was collected; 6.4. All completed applications shall be captured by the HIB onto the Municipality’s Housing Database; 6.5. Applicants will receive written confirmation from the HIB that their application has been received, including their date of application and registration number. Applicants are required to retain this information as proof of their registration on the Municipality’s Housing Databases;
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6.6. Applicants must advise the HIB with regards to any changes to their personal information and circumstances; 6.7. The HIB must make an annual reviews requesting applicants update their information; 6.8. The address recorded on the housing database at time of allocation will be used as the residential address of the applicant for allocation purposes; 6.9. Applicants may not change their area of choice whilst the application process has not been finalised and retain their application date. The qualification criteria applicable to the National Housing Programme will be utilized, shall virtually apply in the process of the application; 6.10. All applications hall be processed in terms of this policy and the applicants will be informed about the outcomes of their application within the timeframes as outlined in the ARF.
BITOU MUNICIPAL RESIDENCES/PROPERTY RENTED TO BITOU MUNICIPAL EMPLOYEES FOR OPERATIONAL PURPOSES
7. PROPERTY APPLICATION PROCESS AND PROCEDURES FOR EMPLOYEES
7.1. Application for official accommodation shall be made on a prescribed form as specified in the Rental Housing Act no. 50 of 1999, to the Property Administration Department, Attached per Annexure B herein which shall include: 7.1.1. Certification from the Director of the relevant division/section of the applicable service unit stating the following: a) The post occupied by the applicant; b) The criteria applied to the post to determine functional necessity; and c) A full and proper motivation supporting the allocation of the official accommodation to the applicant.
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d) The abovementioned form can be obtained from the Property Administration Department. 8.2 The decision by the Municipal Manager in respect of the granting of allocation of such applications shall be final.
8.3 Notwithstanding the provisions of section 5(1) of the Rental Housing Act 1999, a written lease agreement shall be drawn up by the Property Administration Department and must include the details specified in Sections 5(6), 5(7) and 5(8) of the Rental Housing Act no. 50 of 1999. Such lease shall be entered into between the Employee and the Municipality in respect of the allocated official accommodation, and no occupation of the official accommodation may be permitted until the said lease agreement is signed by both parties. All original signed agreements will be kept by the Property Administration Department.
8.4 The Property Administration Department shall be responsible to draft and maintain a standard lease agreement, which is to be used in all cases. A standard agreement is attached per Annexure C. Any deviation from the standard lease agreement must be approved by and agreed to by the Municipal Manager prior to signing of the document. 8.5 The Property Administration Department shall keep a register of such decisions taken and reasons for same.
8. GENERAL NATIONAL QUALIFYING CRITERIA FOR HOUSING ASSISTANCE
8.1. In order to qualify for a housing subsidy, applicants must also meet the criteria set out in the National Housing Code. The applicant must: a) Earn a monthly income in the range as approved by the National Department of Human Settlements; b) Lawfully reside in South Africa (as a citizen of the Republic of outh Africa or in possession of a permanent residence permit). Certified
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copies of the relevant documents must be submitted with the application; c) Be legally competent to contract i.e. over 18 years of age or legally married or legally divorced; single with dependants; single aged or disabled without dependants or declared competent by a court of law and sound of mind; d) Not have previously benefited from government housing assistance directly or indirectly through a spouse; and e) Have not owned fixed residential property (such a person may only qualify for the purchase of a vacant serviced site or a non-saleable CRU). 9. GENERAL SELECTION CRITERIA
The following criteria shall be used from time to time without limitation: 10.1 The general selection criteria shall be used when making an application in terms of this policy without limitation and shall consider the following: 10.1.1 Qualifying applicants will be selected according to their date of application on the housing database; 10.1.2 Applicants who are already registered on the housing database will be considered as priority 10.1.3 Applicants already not registered on the housing database shall not receive preference unless there are exceptional circumstances. 10.1.4 The following criteria will be applied to select persons in this category: a) Persons who are eligible for pension or pensioners b) Persons from Military Veterans who resides within Informal Settlements and have not benefited from any housing subsidy or allowance c) Persons with disability 10.2 It must be noted that persons within the above mentioned category must still qualify in terms of the general national qualifying criteria.
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10.3 Applicants who do not qualify for a housing subsidy may still be offered a housing opportunity based on terms of the specific criteria for non-qualifiers of the particular National Housing Programme applicable to the development for which they have been selected;
10.4 In respect of Category C housing opportunities, allocations cannot be made according to family size and composition. Applicants, who appear longest on the Municipality’s Housing Database and are in desperate need of housing, may be allocated smaller units, subject to their written agreement thereto;
10.5 The Administrators or service providers hired by the Bitou Municipality may not qualify for housing opportunities in the project/s for which they are contracted;
10.6 Councillors, sub-council chairpersons, managers and NGOs or any other individuals or community organisations may play no role in the procedures relating to the issuing of housing application or housing subsidy application forms or in the allocation of houses in new housing projects or rental allocations except as members of the specific project steering committee; and;
10.7 Approved beneficiaries in any of the Bitou Municipality’s housing projects must take-up residence of the property within 24hours of receiving the key. Failing to do so will result in the Bitou Municipality allocating the property to the next qualifying beneficiary from the housing database;
10.8 Applications who fail to move in within 24 hours will have their subsidy cancelled on the Housing Subsidy System (HSS).
10.9 Approved beneficiaries shall not sub-let the property until the transfer of the property has been registered. If in breach, Bitou Municipality reserves the right to allocate and transfer the property to the next applicant on the database or to the person in occupation.
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10.10 Applicants who are residential property owners within the Bitou Municipality or neighbouring municipalities may not qualify for a rental or ownership housing opportunity.
10. EXCEPTIONS
10.1. The date of application principle is not applicable under the following circumstances: a) Households in informal settlements identified for a housing opportunity for site and/or site plus top structure projects. These households will be identified in consultation with the local communities; b) Priority housing for approved cases of exceptional housing need; c) Applicants being considered for the tenancy in cases where the surviving spouse has died or the tenancy has been relinquished for specific reasons and the tenancy must be transferred to a family member; and d) Displaced households identified as tenants where hostels are being upgraded into new CRUs in terms of the National CRU Programme.
11. GUIDELINES FOR ALLOCATION OF OFFICIAL ACCOMODATION TO EMPLOYEES
11.1. Allocation in terms of functional necessity shall be effected according to the following guidelines: 12.1.1 Allocation under normal circumstances shall be effected according to the criteria, which pertain to the applicable service unit as determined by the Director of that service unit from time to time. 12.1.1 Official accommodation reserved for specific necessity posts shall only be allocated to the Employee while occupying the specific post.
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12.2.1 The Mount Pleasant Hostels: 12.2.1.1 shall be allocated to Employees of the Bitou Municipality only; 12.2.1.2 shall be allocated to Employees with a Task level 5 and below, in the case of the Employee being promoted above a post Task level 5 he/she no longer qualifies for the official accommodation and must evacuate the dwelling within three months after official date of promotion. 12.2.1.3 Applications for official accommodation not reserved for a specific post shall be processed in terms of the Point Allocation System as per Annexure E. The official accommodation shall be awarded to the applicant with the highest points.
12. REQUIREMENT TO VACATE OFFICIAL ACCOMODATION BY EMPLOYEE
12.1. Persons, other than employees occupying posts of functional necessity, who are occupying official accommodation without a contractual agreement or written lease, shall be given notice to vacate such premises within a period of 3 months from date of adoption of this policy except in instances where it is in the interest of the Municipality that the building remains occupied by the same persons.
12.2. All persons, including employees who do not occupy posts of functional necessity or their dependants and who are occupying official accommodation by contractual agreement or written lease shall be given notice to vacate such premises within a period of 3 months upon receipt of a written notice to that effect, should it be required for accommodation for an employee occupying a post of functional necessity or any other given reason.
12.3. The Property Administration Department shall issue such notices to vacate the property.
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12.4. Employees (or their dependants) occupying official accommodation whose status in terms of this policy has changed by virtue of; retrenchment, retirement, disablement (such as to preclude exercise of the job of functional necessity) or death of the Employee;
12.5. Promotion or new appointment to post not of functional necessity in respect of the applicable service unit in which the official accommodation is located;
12.6. Demotion to post not of functional necessity in respect of the applicable service unit in which the official accommodation is located;
12.7. Transfer of the Employee to a post not of functional necessity in respect of the applicable service unit in which the official accommodation is located, or
12.8. A new Employee who was given an official accommodation who has occupied the dwelling for 12 months will vacate such accommodation within a period not exceeding 3 months from the effective date of such retirement, retrenchment, disablement, death, termination, new appointment, transfer or notice given to the Employee.
12.9. The Municipal Manager may, at his sole discretion, extend this period, in exceptional circumstances upon application by the employee or dependant. The terms of the lease in respect of such extension as may be granted shall be determined by the Municipal Manager in accordance with the merits of each case.
12.10. In the event of termination of the Employee’s services, the Human Resource Department or his delegate shall inform the Property Administration Department forthwith and the date of termination shall serve as the date of the one month’s notice for the evacuation of the dwelling.
12.11. Employees and their dependants shall vacate official accommodation upon expiry of the lease agreement in respect of such accommodation.
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13. RESPONSIBILITY UPON VACATING OFFICIAL ACCOMMODATION BY EMPLOYEES
14.1 Upon vacation of official accommodation it shall be the responsibility of the Employee or Lessee who is vacating the accommodation to ensure that all services with the exception of sewerage be discontinued and all meters are read, failing which the Employee and/or dependant shall be held responsible for any wastage, damage or loss which may take place between the date of vacation of the accommodation and the date of re-occupation of same. 14.2 The Employee or Lessee who is vacating the accommodation shall ensure that the accommodation is left in a clean and neat state to the satisfaction of the Property Administration Department, failing which, the Municipality may recover any cost incurred in rendering the said accommodation clean and habitable from the said Employee or Lessee
14.3 The Employee or Lessee and the Municipality shall inspect the property jointly to determine the condition of the property and to list all defects or damage. Such inspection shall take place before the Employee or Lessee takes occupation and also within a week from evacuation. A copy of a checklist for inspection purposes is attached per Annexure D to the Lease Agreement.
14.4 The Employee or Lessee who is vacating the official accommodation shall remove all personal effects there from, ensure that all windows, outside doors, gates and other access points are closed and locked, all taps are closed, switches are off and that the said accommodation and surrounds are as far as possible secure against trespass and damage.
14.5 The Property Administration Department/Operational Department shall cause the official accommodation to be inspected from time to time and take all reasonable steps to protect the said accommodation against trespassers and vandals.
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14. RESPONSIBILITY FOR PERSONAL EFFECTS
The Municipality shall not be held responsible for any loss and/or damage to the personal property of the Employee or his/her dependants or their guests on or in the official accommodation whilst he/she occupies the said accommodation or during the course of moving into or out of the said accommodation. The Lessee shall be responsible for the insurance of any personal affects during the move into and from the dwelling and for the duration of the lease.
15. OWNERSHIP OF OWN DWELLING
Employees who already own fixed property may be allocated official accommodation, subject to their job function qualifying under the definition of functional necessity, and an application in terms of the procedures outlined in this policy being successful.
16. DEVIATION
16.1. No deviation from this policy is allowed unless the deviation is approved by the Executive Mayor and Council. 16.2. Any deviation must be reported to the Human Settlements Portfolio Committee on a quarterly basis
17. PROCESS OF APPEAL
17.1. Applicants currently on the Bitou Housing Database may appeal their omission from selection for a project but only on the following grounds: a) Due process as contemplated in this policy had not been followed; or b) On providing proof of an earlier date of registration on the database.
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18.2 The appeal must be directed to the Municipality Manager in terms of Section 62 of the Municipal Systems Act.
18. TRANSFERS TO OTHER UNITS
18.1. Tenants who apply for a transfer to other CRUs or an ownership housing opportunity will have their transfer request dates integrated on the housing database along with applicants still waiting for a housing opportunity. This suggests that their transfer request date will be considered as their new application date and not their tenancy commence date;
18.2. Tenants will be assisted in their transfer request date order;
18.3. Tenants who have been transferred must first give a written undertaking in the form of a signed affidavit that they will give the Bitou Municipality vacant possession of the CRU they are vacating; and
18.4. Tenants are not allowed to swop rental units outside the formal transfer processes.
19. TRANSFER OF TENANCY
19.1. In the event of divorce, the tenancy will be transferred to the spouse who has been granted custody of the minor children of the marriage or, in the case of joint custody, to the spouse whose home is the primary residence of the minor children or by mutual agreement. If no mutual agreement is reached, an amended divorce decree needs to be produced regarding the continued occupation of the premises is concerned. In the case of no minor children the divorce decree must stipulate which party will take ownership of the tenancy;
19.2. In the event of separation or desertion, the tenancy may be transferred to the spouse/ partner in occupation of the premises following the absence by the
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tenant of more than three (3) months. The tenancy commences the day following the date that the affidavit by the spouse or partner in occupation confirming the absence of the tenant is submitted or due legal process having been followed including due notice to the absent tenant where this is possible;
19.3. In the event of marriage or cohabitation, the tenancy may be transferred to the spouse only on written consent of the tenant;
19.4. In the event of the death of spouse/partner, the tenancy may be transferred to the surviving spouse/ partner on the death of the tenant. The tenancy commences the day following the death of the tenant as recorded on the death certificate;
19.5. In the event of death of the surviving partner/spouse, the remaining occupants are the minor children of the deceased tenant, the tenancy may be transferred to a – a) legally appointed guardian, taking full responsibility for the tenancy, until the eldest child reaches the maturity age of 18 years when responsibility for the tenancy will be reviewed; or b) family member who is a direct relation to the initial tenant namely a child, an uncle, aunt, brother, sister, child or grandchild if he/she is part of the original family housed or born on the property and has been living with the tenant for an unbroken period of at least two (2) years leading up to the death of the tenant. 20.6 If more than one family member is eligible and qualifying to be considered for the tenancy, a recommendation by the local housing offices will be made in consultation with the family based on the family and tenancy history. If no consensus can be reached by the family within 30 days after being requested to do so in writing, then a final decision will be made by the City based on specific criteria to be determined by the Manager of Tenancy and Homeownership Management; and
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20.7 In the case where tenancy is relinquished, a transfer may be considered in terms of qualifying criteria to the remaining occupants provided that they are direct relations to the relinquishing tenant and have been part of the original family.
21 RIGHTSIZING
21.1 The Municipality will exercise its discretion to place families in accommodation that is appropriate for their needs and income as and when the Municipality becomes aware of the situation or the need arises based on availability of units.
21.2 Tenants in saleable units who are not interested in ownership will be right-sized into non-saleable rental units. The saleable unit will be made available to a tenant currently in a non-saleable unit if they are interested and meet the qualifying criteria.
21.3 Rightsizing from a small unit to a large unit can only be considered if tenants meet the following qualifying criteria: a) Have no arrears; b) Good standing tenant in terms of the lease agreement; c) Household size must be relative to the accommodation required; and Households who are in a financial position to afford the larger unit.
22 ALLOCATION FOR HOUSING FOR THE AGED
22.1 Aged applicants on the database and existing aged tenants may request transfers to Housing for the Aged (rental units) that are more appropriate for their needs. In addition to the transfer criteria the following criteria must also be met: a) The applicant and partner must be over the age of sixty (60); and b) Applicant and/or partner must be able to care for themselves or each other.
23 RE-INSTATEMENT OF TENANCIES 23.1 Reinstatement will only be applied under the following conditions: Page | 30 BITOU MUNICIPALITY PROPERTY RENTAL POLICY Status: FINAL DRAFT Council consideration: 31 August 2020 (Resolution C/1/163/08/20)
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a) The applicant must have been a tenant who had a valid lease agreement and was in good standing in terms of the lease conditions; b) Where circumstances were such that the tenant should have given the Bitou Municipality vacant possession of the CRU when he/she vacated; c) When the tenant vacates the unit, the notice slip should indicate the reason for vacating the CRU; d) Provide reasons why the Bitou Municipality should support the request for re- instatement; and e) All the eligibility criteria are to be met;
23.2 Re-instatement shall need to be approved by the Director and be processed through the Municipality Housing Database; and 23.3 The applicant will be allocated a CRU similar in size and type which the applicant previously occupied when one becomes available (depending on the needs and circumstance at that point in time) and be reinstated on the Housing Database at his/her qualifying date.
24 IMPLEMENTATION PLAN
The stipulations in this policy will apply upon approval by Bitou Municipality Council resolution.
25 MONITORING, EVALUATION AND REVIEW The Directorate of Human Settlements shall undertake quarterly evaluation and reviews. 25.1 The efficacy of this policy will be monitored through regular interaction with relevant project managers and feedback from public meetings when these occur; and 25.2 After the completion of a project, the project manager, HIB, policy staff, the Director and the Human Settlements Portfolio Committee shall analyse the allocations process and whether improvement is required.
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26 APPLICATION AND INTERPRETATION
26.1 The provisions of this policy are applicable from date of adoption of the policy by the Council of the Bitou Municipality or such other date as may be determined by the Municipality. 26.2 The interpretation of any matter that is unclear shall be referred to the Bitou Municipality’s Legal Advisor.
EFFECTIVE DATE
The effective date of this policy, or any amendments thereto, shall be the date of the endorsement by the BITOU Municipal Council.
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ANNEXURE A APPLICATION FOR OFFICIAL ACCOMMODATION
1. Applicant information
Name and Surname ______ID Number: ______Number of people in household: ______Contact Number: ______Email: ______Directorate: ______Department: ______Area: ______Position: ______Task level: ______Employee Number: ______Do you work standby: ______Do you have alternative accommodation when the lease agreement expires? ______
______EMPLOYEE SIGNATURE DATE
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2. Application details Description of official accommodation: ______Reason accommodation is needed: New employee/Operational requirement Motivation from line manager ______Date Full name and Surname Signature Property Administration Department comments Received by: ______Date received: ______Does this applicant qualify for official accommodation? y/n______Reason for above answer: ______
EMPLOYEE FULL NAME AND SURNAME: ______
SIGNATURE: ______
DATE:______
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LEASE AGREEMENT (PROPERTY DESCRIPTION) entered into between BITOU MUNICIPALITY (herein represented by :………………) in his capacity as Municipal Manager, (hereinafter called the LESSOR)
and EMPLOYEE NAME (ID. Number ______) OF ADRESS (hereinafter called the, LESSEE/EMPLOYEE)
WHEREAS the LESSEE has applied to the LESSOR for the lease of a certain official accommodation (hereinafter referred to as "official accommodation") known as ______, for residential accommodation.
AND WHEREAS the LESSOR has agreed to lease to the LESSEE the said official accommodation.
NOW THEREFORE the LESSOR, pursuant to the Municipal Residence Policy of the Bitou Municipality, hereby agrees to lease to the LESSEE and the LESSEE hereby agrees to hire from the LESSOR the property, subject to the following terms and conditions:
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1. PREAMBLE, INTERPRETATIONS AND DEFINITIONS
1.1. The head notes to the clauses of this lease are inserted for reference purposes only and shall in no way govern or affect the interpretation hereof. Unless inconsistent with the context, any expression contained in this lease, including any expression and any definition listed in sub clause which denotes;any gender, includes the other gender; 1.2.2. a natural person, includes an artificial person and vice versa; 1.2.3. the singular, includes the plural and vice versa.
1.3 All annexures to this lease form an integral part hereof and expressions defined in this lease shall, unless the context otherwise requires, bear the same meaning in such annexures
1.4. Unless inconsistent with the context, the expressions set forth below shall bear the following meanings;
1.4.1. “accommodation” as referred to in the policy, shall have the same meaning as property and official accommodation. 1.4.2. “dependants” 1.4.2.1. The spouse or life partner of the employee 1.4.2.2. A child or adopted child of the employee 1.4.2.3. Any other person whom is dependent on the employee or whom, in the opinion of the Municipal Manager, can be regarded as being a part of the employee’s household; at all times being subject to the available habitable extent of the dwelling occupied by the employee 1.4.3. “employee” a member of the staff of the Bitou Muncipality employed permanently or on contract;
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1.4.4. “lease/this lease” the agreement of lease concluded between the lessor and the lessee and to which these conditions are annexed; 1.4.5. “lessee” the lessee defined as such in schedule 1 of this lease or a legal dependent of such Employee; 1.4.6. “lessor” Bitou Municipality; 1.4.7. “Policy” means the Municipal Residence Policy as approved by the Bitou Municipality 1.4.8. “property” the official accommodation as described under property description in schedule 1; 1.4.9. “VAT” the tax, known as value added tax, which is required to be levied and paid for the benefit of the State Revenue Fund in terms of Section 7 of the Value Added Tax Act, No 89 of 1991,as amended;
2 USE OF PROPERTY
2.1. It is hereby specifically declared and acknowledged that the property hereby let is registered in the name of the LESSOR and that this lease is accordingly entered into for the sole purpose of providing the LESSEE with accommodation to enable him to properly perform the duties related to his position as ______. 2.2. The LESSEE shall not do, nor allow to be done, anything, which may in the opinion of the LESSOR damage the property, or permit to be committed, any act that may constitute a nuisance or inconvenience to, or affect the peace and/or comfort enjoyed by any person. 2.3. The LESSEE in his/ her use of the property, shall 2.3.1. conform with all laws and statutory, municipal and other bylaws and regulations relating to lessees or occupiers of the property; 2.3.2. not knowing nor negligently cause nor allow to be caused an blockage or failure in any sewerage pipes, water pipes, drains and other supply equipment and installations serving the property, and 2.3.3. not do, nor permit to be done, any act, matter or thing which may render the LESSOR’S insurance of the property and/or the property against risk of loss
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or damage attributable to any of the causes insured against from time to time, either void or voidable, or which may increase the rate of premiums payable by the LESSOR in respect of the property with regard to such insurance.
2. LEASE PERIOD 3.1. This lease shall commence on _____ and shall continue until the LESSEE is no longer in service of the Bitou Municipality as______(POSITION) and on a Task level _____, unless terminated by operation of law or by virtue of the provisions contained in this Agreement of Lease. 3.2. This lease may be terminated by either party giving the other one (1) month’s written notice to this effect. 3.3. This lease shall be terminated and the property hereby let shall be vacated in the event of the LESSEE leaving the service whether through resignation due to retirement of the LESSOR. The said property must be vacated on the last working day of the LESSEE and the LESSEE vouches that he has alternative accommodation as setout in Annexure C available. The LESSEE undertakes to amend the information of Annexure C should the need therefore arise. The date of notification of resignation of the LESSEE to the LESSOR (where applicable) will be deemed to be the date of notice to vacate the property. Should the LESSEE resign from the LESSOR’S service with less than one month's notice the LESSEE will be deemed to have accepted the shorter notice period to vacate the property. 3.4. Should the LESSEE whilst being in service of the LESSOR (employer), pass away or become medically incompetent and his/her service issubsequently terminated as a result thereof, the LESSEE and /or anyfamily members as set out in Annexure B, as the case may be,currently residing in the house may be allowed, upon written request to the Lessor, to extend this agreement for a maximum period of three (3) months based on humanitarian reasons only. The rental and other conditions contained in the agreement will remain unchanged for the said period. This rental amount shall be deducted in advance from the employee’s last salary for the period that he/she and
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the family members will reside in the dwelling, consent of which is hereby granted. Thereafter, the property shall be vacated by all the occupiers of the property at that time.
3. RENTAL AMOUNT The LESSEE shall pay to the LESSOR for the property hereby let a rental of 6% of the LESSEE’S basic monthly salary, which amountshall be calculated on a monthly basis and payable in advance.
4. MAINTENANCE
5.1. The LESSOR shall keep the outside of the property hereby let and theLESSEE shall keep the inside thereof in a proper state of repair and condition during the currency of this lease, it being understood and agreed that for the purpose of this clause the term interior being deemed to include: 5.1.1. all windows, window panes, doors, door glass where applicable, door handles, locks and keys pelmets, kirsch railsand curtain fittings; 5.1.2. all electrical, toilet and water fittings, installations and appliances but excluding all hot water cylinders and related piping; 5.1.3. all floors, including all carpeting and floor coverings. 5.2 Should the LESSEE neglect to undertake such repair within a stipulated period on written notification from the LESSOR, the LESSOR shall have the right to undertake such repair at the expense of the LESSEE. 5.3. The LESSEE shall also be responsible for the replacement during the lease and at his own expense to the satisfaction of the LESSOR with new as the old wear out or become broken, damaged or lost, of all light bulbs and globes, fluorescent or otherwise, starters, ballasts and incandescent bulbs, where applicable, whether used in relation to the property internally or externally.
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5.4. Without restricting the generality of the provisions of sub-clauses 5.1 - 5.3 of these conditions, the LESSEE undertakes: 5.4.1. to exercise all reasonably possible care in respect of carpeting in the property and agrees to be responsible for all costincurred in remedying any stains, burns or other forms ofdamage caused thereto during the lease including the cost of replacing any such portion thereof as may be necessitated by any such stains, burns or other forms of damage; 5.4.2. to ensure that three (3) days prior to the expiration of or forthwith upon the earlier termination of the lease, any holes or marks of any description made in or to any part of the property by reason of nails, screws or hooks having been driven in or fixed thereto at the instance of the LESSEE or howsoever else arising during the lease shall have been repaired to the reasonable satisfaction of the LESSOR; 5.4.3. to treat all internal woodwork with the appropriate varnishes required to maintain all such woodwork in good condition and to repaint the interior of the walls of the property, where this becomes necessary, with good quality paint in the same colour as at the commencement date; 5.4.4. the LESSEE shall, during the currency of the lease and at his own cost, maintain the grounds and garden of the property in a good, neat and tidy condition including the regular mowing of grass contained within these grounds and, if applicable, growing on the public pavement adjacent to the boundaries of the property and including the regular and adequate watering of grass, plants and trees contained within the property. The LESSEE shall not be entitled to cut down any trees without the LESSOR’S prior written consent. 5.5. Should any structure, garden, fence, the like or portion thereof be damaged due to any act or negligence of the LESSEE or person who acquired occupancy through him/her, he shall be held liable for the payment of the total cost of any such repair work. 5.6. The LESSEE shall not make any structural alterations to the hereby leased without the written consent of the LESSOR thereto being first had and obtained.
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5.7. The LESSOR and/or its duly authorized servants and/or nominees shall have the right to enter upon the hereby leased property at all reasonable times for the purpose of inspecting the same and of ensuring that the conditions of this lease are being properly carried out and/or observed by the LESSEE.
5. DUTIES OF THE LESSEE
6.1. The LESSEE shall not have the right to cede or assign any of his interest in and to this lease, nor to sub-let the whole or any portion thereof without the written consent of the LESSOR. In particular, the LESSEE undertakes and agrees not to use the said property, or any portion thereof, as a boarding or lodging house or as a place of business of whatsoever kind; the intent and purpose being that the said property shall be used solely as dwelling house for himself and his family as set out in Annexure B by the LESSEE. No person whether a family member of the LESSEE or not may reside in or on the property without the prior written approval of the LESSOR. 6.2. Should there be any amendment to the information contained in Annexure B the LESSEE shall inform the LESSOR forthwith thereof, any such amendment will be subject to the prior approval of the LESSOR. 6.3. The LESSEE undertakes at all times to keep the hereby leased property in a clean and sanitary condition and at all times to observe all the by-laws of the LESSOR in so far as such by-laws relate to the property hereby let. 6.4. Upon vacation of the property it shall be the responsibility of the EMPLOYEE/LESSEE who is vacating the property to ensure that all services with the exception of sewerage be discontinued and all meters are read, failing which the EMPLOYEE and/or dependant shall be held responsible for any wastage, damage or loss which may take place between the date of vacation of the accommodation and the date of reoccupation of same. 6.5. The EMPLOYEE/LESSEE who is vacating the property shall ensure that the property is left in a clean and neat state to the satisfaction of the Property Administration Department, failing which, the Municipality may recover any cost
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incurred in rendering the said accommodation clean and habitable from the said EMPLOYEE/LESSEE. 6.6. The EMPLOYEE/LESSEE herewith accepts the responsibility to deliver to the Property Administration Department of the Overstrand Municipality all keys to the property on the first business day following the day of vacating the property.
6. BREACH
6.1. In the event of the LESSEE failing to pay the monthly rental on the due date as aforesaid, or in the event of his committing a breach of any of the terms and conditions of this agreement of lease, or in the event of him being convicted of any criminal offence under the laws of the Republic of South Africa, or under any by-laws of the LESSOR by a competent court, the LESSOR shall, notwithstanding anything to the contrary herein contained, have the right to forthwith terminate this lease upon giving the LESSEE twenty four (24) hours written notice to this effect. 6.2. The LESSEE undertakes to pay all attorney- and own client costs plus VAT, collection commission and tracing costs plus VAT which the LESSOR may incur in collecting any amount owing in terms of this agreement by the LESSEE and which is not paid on the due date thereof, including interest on such amount at the maximum rate allowed from the date such amount becomes due, until receipt of payment.
7. GENERAL
8.1. The LESSEE shall be liable for the payment of all service charges pertaining to the property levied and due to the Overstrand Municipality in terms of any resolution of the Municipal Council and/or by-laws inforce from time to time. Should the dwelling not have separate metres for the
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services, the basic fees as stipulated in each year’s budget shall be levied on the Employee’s municipal account. 8.2. The LESSEE shall be liable for the payment of property rates which shall be calculated only on the portion of building being leased, and shall exclude the rates on the land. 8.3. The LESSEE shall be liable for the payment of the insurance premium pertaining to the leased property. The buildings and/or structures will be insured against damage or loss by the LESSOR in terms of this lease. 8.4. The rental, rates, insurance premium and service charges shall be deducted from the LESSEE’s salary on a monthly basis and the LESSEE herewith consents thereto. The LESSEE shall not have the right to reduce or skip a salary deduction in respect of a payment for the rental, property rates and service charges, due to any reason whatsoever. 8.5. For the purpose of this lease any notice in writing intended for the LESSEE shall be deemed to have been validly given if addressed to and delivered at the property hereby let. 8.6. The LESSEE shall be entitled to affix such fixtures and fittings in and to the property as he may require in connection with his use thereto provided that all fixtures and fittings affixed in terms hereof shall, unless otherwise agreed by the LESSOR in writing, be removed by the LESSEE by no later than three (3) days prior to the expiration of this lease or in the event of earlier termination and by which date of removal and all damage occasioned by the original affixing and/or by the removal of any such fixtures and fittings shall have been made good to the satisfaction of the LESSOR, at the instance and cost of the LESSEE. 8.7. The LESSEE and the LESSOR shall inspect the property jointly to determine the condition of the property and to list all defects or damage. Such inspection shall take place before the LESSEE takes occupation and within a week of evacuation of the dwelling. The cost of repairing any damage to the property, determined at a final inspection on the date that the LESSEE evacuates the property, will be deducted from the
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LESSEE’S salary. A copy of a checklist for inspection purposes is attached per Annexure D. 8.8. The LESSOR reserves the right to lay and use and to allow third parties to lay and use such underground service on or across the property without being liable to pay compensation to the LESSEE or to grant any reduction in rent where the property are thereby affected. 8.9. The LESSEE shall at all times well and sufficiently indemnify the LESSOR and keep the LESSOR indemnified against all liability howsoever caused or arising that may be the direct or indirect result of the use of the land in question, and against all actions, suits, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made against the LESSOR or incurred or become payable by the LESSOR at the suit of any person. 8.10. The parties hereto acknowledge that this agreement constitutes the entire contract between the parties and that no other conditions, stipulations, warranties or representations whatsoever have been made by or on behalf of either party other than such as are included herein. 8.11. No agreement at variance with the terms and conditions of this agreement shall be binding on the parties unless contained in writing by the parties hereto and any indulgence which the LESSOR in accepting any payments after due date or in accepting a lesser sum than the amount due, shall not in any way prejudice his rights or be construed as a waiver of same by the LESSOR.
8. LESSOR’S LIABILITY LIMITED 8.1. The LESSOR shall not be responsible for;
9.1.1. any loss or damage to any goods or property of the LESSEE and/or his family and/or guests caused by water, rain, storm,gas or electricity which may leak into or flow from any part ofthe property or by any reason of any defect in the property or by any cause whatsoever;
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9.1.2. any loss or damage suffered to the LESSEE and/or his familyand/or guests’ possessions in or about the property arising from any act of omission of commission by any tradesmen, servant of the LESSOR or any other party; 9.1.3. any damage to, or any loss of, any property of any nature owned by whomsoever as may from time to time be in or abouTthe property, or any injury or death caused to anyone whomsoever who may be in the property howsoever such damage, loss, injury or death may be caused, specificallyincluding damage, loss, injury or death caused by falling objects, and the LESSEE hereby waives any claim which, but for this waiver, it may have had against the LESSOR arising our of any such damage, loss, injury, illness or death, and
9.1.4. any failure, suspension or interruption of any water, electricity or other supplies to the property or any loss thereby suffered by the LESSEE, whether consequential or otherwise. 9. PROPERTY REMAINS PROPERTY OF LESSOR
9.1. The grant of the lease hereby constituted, shall under no circumstances be deemed to confer any real right or servitude of any kind in favour of the LESSEE. Upon a demand made by the LESSOR in terms of this lease, for quiet possession of the property, the LESSE shall be bound to give such possession without any right to compensation, whether for useful, necessary expenses or other improvements.
THUS DONE and agreed to at ______this __day of ______20__.
AS WITNESSES:
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1. ______Head of the Department
2. ______Relevant Director (LESSEE)
THUS DONE and agreed to at ______this day of ______20__.
AS WITNESSES:
1. ______
2. . ______(LESSOR) BITOU MUNICIPALITY
SCHEDULE 1 LESSOR BITOU MUNICIPALITY Address Municipal Offices: P.O Box Contact Numbers Tel Fax Email
LESSEE ______ID Number ______
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Directorate ______Department ______Area ______Position ______Post level ______Address ______Contact Numbers Tel ______Property Description ______as depicted on a diagram (Annexure “A”) as ‘official accommodation”. Lease Period ______. Lease Amount 6% of the LESSEE’S basic monthly salary. Other Amounts Service charges, insurance premium, property rates Municipal account no. for services ______
Annexure A - Locality Map Annexure B
NAMES OF FAMILY MEMBERS TO LIVE WITH (EMPLOYEE) AT ( NAME OF RESIDENCE) NAME RELATIONSHIP AGE ID NO. 1. 2. 3. 4.
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5. 6.
Information regarding alternative accommodation after last working day with Bitou Municipality: ______
Annexure D PROPERTY INSPECTION
EXTERNAL APPEARANCE Roof Corrugated Iron/Tile Gutters Cast iron/Asbestos Downpipes Cast iron/Asbestos
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Walls/Paint Windows Sash/Wood/Steel Doors Handles/Locks/Keys Boundary fence & Gates Wooden/Precast Yard Stoep Chimney Garage/Carport Outbuildings Lightbubls Internal Appearance Bedroom 1 Walls/Paint Floor/Skirting Window Door Handle/Lock/Keys Yard Stoep Chimney Garage/Carport Outbuildings Lightbulbs Internal Appearance INTERNAL APPEARANCE Bedroom 1
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Walls/Paint Floor/Skirting Window Door Handle/Lock/Keys Ceiling Electricity/ Lightbulbs Curtain rail/Pelmet Bedroom 2 Garage/Carport Outbuildings Lightbubls Internal Appearance Bedroom 1 Walls/Paint Floor/Skirting Window Door Handle/Lock/Keys Ceiling Electricity/ Lightbulbs Curtain rail/Pelmet Bedroom 2 Walls/ Paint Floor/Skirting Window Door Handle/Lock/ Keys
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Ceiling Electricity/ Lightbulbs Curtain rail/Pelmet Bedroom 3 Walls/Paint Floor/Skirting Window Door Handle/Lock/Key Ceiling Electricity/Lightbulbs Curtain rail/Pelmet Lounge Walls/Paint Floor/Skirting Window Door Handle/Lock/Keys Ceiling Electricity/ Lightbulbs Curtain rail/Pelmet Lounge Walls/Paint Floor/Skirting Window Door Handle/Lock/Keys Ceiling
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Electricity/ Lightbulbs Curtain rail/Pelmet Dining room Walls/Paint Floor/Skirting Window Door Handle/Lock/Keys Ceiling Electricity/ Lightbulbs Curtain rail/Pelmet Passage Walls/Paint Floor/Skirting Window Door Handle/Lock/Keys Ceiling Electricity/ Lightbulbs Curtain rail/Pelmet Kitchen Walls/Paint Floor/Skirting Window Door Handle/Lock/ Key Ceiling
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Electricity/ Lightbulbs Curtain rail/Pelmet Tile Sink, plugs, taps Cupboard Bathroom Walls/Paint Floor/Skirting Window Door Handle/Lock/Keys Ceiling Electricity/Lightbulbs Curtain rail/Pelmet Bath, plugs, taps Wash-hand basin Toilet cistern Toilet seat Number of keys handed over DATE OF INSPECTION
______SIGNATURE OF PROPERTY ADMINISTRATION OFFICIAL
______
SIGNATURE OF BITOU MUNICIPALITY EMPLOYEE
Page | 53 BITOU MUNICIPALITY PROPERTY RENTAL POLICY Status: FINAL DRAFT Council consideration: 31 August 2020 (Resolution C/1/163/08/20)
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Page | 54 BITOU MUNICIPALITY PROPERTY RENTAL POLICY Status: FINAL DRAFT Council consideration: 31 August 2020 (Resolution C/1/163/08/20)
103 Section 1: Office of the MM
ITEM C/1/164/08/20
APPROVAL OF 2020/2021 IDP REVIEW AND BUDGET TIME SCHEDULE
Directorate: Municipal Manager Demarcation: All Wards Portfolio Comm: Strategic Services Delegation: Council
File Ref: 2/8/5
Attachments: Annexure A: IDP/Budget time schedule
Report from: Senior Manager: Compliance and Governance
Author: IDP Manager
Date: 11 August 2020
PURPOSE OF THE REPORT
The purpose of this report is to request Council to adopt the attached IDP and Budget time schedule as a rollout plan for the revision of the 2020/2021 Integrated Development Plan and preparation of the budget for 2021/2022 financial year and subsequent MTREF.
BACKGROUND/DISCUSSION
Section 34 of the Municipal Systems Act compels municipalities to revise their Integrated Development Plans annually. The revision of the IDP should be should be outlined in a process plan as stipulated in Section 28 of the Local Government: Municipal Systems Act, Act 32 of 2000.
Section 21 of the Municipal Financial Management Act, Act 53 of 2003 states that the Mayor of a Local Municipality must coordinate the process of preparing the annual budget and reviewing the Municipal Integrated Development Plan.
Ten months before the start of the budget year, the Mayor must table in the Municipal Council a time schedule outlining key deadlines for:
i. The preparation, tabling and approval of the annual budget; ii. The annual review of the IDP in terms of Section 34; iii. Review of budget related policies; iv. The tabling and adoption of any amendments to the IDP and budget related policies; and v. Any consultative process forming part of the process referred to in sub paragraphs i, ii and iii.
104 Section 1: Office of the MM
FINANCIAL IMPLICATIONS
There will be minimum financial implications.
EXECUTIVE SUMMARY
The attached IDP and budget time schedule outlines the key deadlines for the preparation, drafting and tabling of both the 2020/2021 revised Integrated Development Plan and 2021/2022 annual budget.
Section 16 of the Municipal System Act emphasizes the importance of public participation in the preparation, implementation and review of Municipal integrated Development Plan.
The country is currently in a state of disaster due to the COVID-19 pandemic as a result social distancing and staying home is encouraged. This simply means that public participation will not happen as we used to do by having public Mayoral Imbizo’s.
COGTA is proposing virtual meetings and other forms of none contact engagements using virtual means. This however will not be pragmatic for all communities as some members of our communities struggle to buy data.
The following proposals are put forward to ensure maximum participation:
1. Contact be limited to ward committees and strict observation of all COVID-19 safety protocols including social distancing and screening participants; 2. A notice be placed in the local newspapers inviting inputs to from local communities; 3. Having virtual meetings with those who can participate virtually; and 4. Using the municipal social media platforms to invite pubic inputs into the IDP and Budget.
Section 32 of the MSA compels municipalities to send copies of the Integrated Development Plan to the MEC for local government and Section 32 (3) compels municipalities to consider the MEC’s proposals within 30 days of receipt of the MEC request to amend the IDP. The municipality is still waiting for the MEC comments on of the 2020/2021 revised Integrated Development Plan.
Notice is hereby given to review and amend the Municipal Integrated Development Plan in accordance with Section 4 of the Local Government: Municipal Planning and Performance Management Regulations, 2001, as published under GNR. 796 in GG2265 dated 24 August 2001. .
RELEVANT LEGISLATION
1. Local Government: Municipal Systems Act, Act 32 of 2000 2. Local Government: Municipal Finance Management Act, Act 56 of 2003 3. Municipal Planning and Performance Management Regulations, 2001: GNR796 4. Municipal Budget and Reporting Regulations 2000
Comments by Director: Engineering Services
Recommendation by the Municipal Manager is supported.
105 Section 1: Office of the MM
Comments by Director: Economic Development and Planning
Recommendation by the Municipal Manager is supported.
Comments by Director: Community Services
Recommendation by the Municipal Manager is supported.
Comments by Director: Financial Services
Recommendation by the Municipal Manager is supported.
Comments by Director: Corporate Services
Recommendation by the Municipal Manager is supported.
RECOMMENDED BY THE MUNICIPAL MANAGER
1. That Council adopt the IDP Review and Budget Time Schedule in terms of Section 21 of the MFMA and Section 34 (b) of the MSA).
2. That a notice in terms of Section 28(3) of the Municipal Systems Act, Act 32 of 2000 regarding the 2020/2021 IDP and Budget 2021/2022 time schedule be placed in the local newspaper.
RECOMMENDED BY THE EXECUTIVE MAYOR
1. That Council adopt the IDP Review and Budget Time Schedule in terms of Section 21 of the MFMA and Section 34 (b) of the MSA).
2. That a notice in terms of Section 28(3) of the Municipal Systems Act, Act 32 of 2000 regarding the 2020/2021 IDP and Budget 2021/2022 time schedule be placed in the local newspaper.
106 “Annexure A”
8/31/2020 2020/2021 IDP REVIEW AND 2020/2021 BUDGET
BITOU MUNICIPALITY
107
PHASE ACTIVITIES DURATION RESPONSIBILITY AGENT LEGISLATIVE POE NOTES FRAMEWORK START FINISH IDiP BUDGET PMSiii MMiv EMv ii PREPARATION Preparation of the IDP, Budget Time Schedule x Sections 21, 53, Draft time schedule MFMA District Framework Alignment Meeting July 20 Aug 20 x x x Section 27, MSA District Framework Steering Committee Meeting to Review the Aug 20 Aug 20 Best Practice Minutes and attendance previous year IDP process. registers Review participation mechanisms and processes July 20 Aug 20 Process report presented to the steering committee Receive comments from the MEC July 20 Aug 20 x Section 32 MFMA MEC report presented to the Steering committee Review past performance Aug 20 Sep 20 x x Section 34, 46 MSA PMS presentation and discussion by steering committee Set-up budget committees Sep 20 Sep 20 Resolution and acceptance letters Submission of annual report Aug 20 Aug 20 x Confirmation of receipt by the AG’s office
SITUATION ANALYSIS Public Participation Sep 20 Oct 20 Analysis of socio-economic data Sep 20 Oct 20 Analysis Report Analysis of service provision Service Gaps Report Analysis of municipal infrastructure services Sep 20 Oct 20 Departments to submit analysis {Water, Roads, Electricity, Sewer, Waste Water reports to the IDP office for treatment, Housing Demand, financial Services consolidation. (revenue and expenditure), and Institutional Capacity etc.} Comparison study of existing Data Sets Sep 20 Sep 20 Review of Municipal sector plans Sep 20 Oct 20 Report on Status of Sector Plans STRATEGY Procure strategic session facilitation services Sep 20 Nov 20 Appointment certificate Strategic planning workshop Nov 20 Dec 20 Revised strategic objectives, indicators and targets Strategic priorities and budget recommendations Nov 20 Dec 20 Strategic outcomes and reports Get feedback on progress on current priority Nov 20 Dec 20 catalytic projects PROJECTS Design project template Oct 20 Oct 20 Distribute community priorities to departments Nov 20 Nov 20 Appointment of departmental mSCOA champions Nov 20 Dec 20 x x Identification of Priority Projects Jan 21 Feb 21 x x Section 127 MFMA Draft capex and opex budgets Loading of projects to mSCOA portal Feb 21 Mar 21 x x mSCOA report INTEGRATION Attend to the JPI Strategic alignment Oct 20 Oct 20 JPI Report and Attendance engagements (Pending on Provincial Government) Register Attend the second JPI and MGRO engagements Feb 21 Feb 21 Receive summaries of Sector Plans from Jan 21 Feb 21 x Best Practice Sector Plans Section in the IDP departments Add capex and OPEX MTREF budgets to the IDP Jan 21 March 21 x x Best Practice Budget Section in the IDP Eden DM IDP Forum Meeting Nov 20 Dec 20 APPROVALS Preliminary Meeting to discuss IDP and Budget AUG 20 AUG 20 x x x Time Schedule Portfolio Committee to discuss IDP/Budget Time Aug 20 Aug 20 x x Schedule
108 PHASE ACTIVITIES DURATION RESPONSIBILITY AGENT LEGISLATIVE POE NOTES FRAMEWORK START FINISH IDiP BUDGET PMSiii MMiv EMv ii MAYCO to recommends IDP/Budget time Aug 20 Aug 20 x x x schedule to Council Council Approves the IDP/ Budget Time Schedule Aug 20 Aug 20 x x x Section 34 MSA, Council Resolution and Minutes Section 21, 22 & 24 MFMA Time Schedule is advertised Sep 20 Sep 20 x x MFMA Guidance Approval of the Adjustment Budget Jan 21 Jan 21 x Council Approves Annual Report Jan 21 Jan 21 x Section 121 MFMA Council Resolution Council adopts amendments to the revised IDP Mar 21 Mar 21 x x Section 34 Council Resolution and Draft Budget Notice is placed in the local newspaper for 21 April 21 April 21 x x Municipal Performance Newspaper Advert days Regulations, Section 4 (ii) performance regulations. IDP and Budget Road Shows April 21 April 21 x x Chapter 4 MSA Minutes and attendance Registers IDP Forum Meeting May 21 May 21 x Section 23 MFMA, Third Quart MS Report, IDP chapter 4, MSA Presentation, attendance and minutes of meeting Preparing responses to respond to written April 21 May 21 x x Section 23 MFMA submissions LGMTEC Engagements May 21 May 21 x x x Section 23 MFMA IDP and Budget assessment report Amending IDP and Budget to incorporate May 21 May 21 x x Section 23 MFMA Revised Documents provincial assessments Council Approves IDP and Budget May 21 May 21 Send copies of IDP and Budget to the MEC for June 21 June 21 x x x x Section 32, MSA, Confirmation of receipt Local Government Section 24 MFMA Publish annual budget and IDP June 21 June 21 x x Section 22, MFMA Advert and web key Approval of SDBIP June 21 June 21 IMPLEMENTATION Rollout of SDBIP (2020/21) July 21 July 21 Section 69 Performance Agreements
Submission of SDBIP to the MEC for Local July 21 July 21 Section 69 MFMA Council Resolution Government Submit annual Performance Agreements to Mayor June 21 July 21 x Section 69, MFMA Signed Performance Contracts Tabling of MID Term Report Jan 21 Jan 21 x x x Sections 36, 72 MFMA Mid –year report, council resolution and council minutes Submission of annual report to AG Jan 21 Jan 21 x x Section 72 MFMA Confirmation Receipt Preparation of Oversight Report Jan 21 Jan 21 x Council Resolution Council adopts oversight report Feb 21 Feb 21 x x x Council Resolution
i IDP Unit ii Budget Section iii Performance Management Section iv Municipal Manager v Executive Mayor
109 Section1: Office of the Municipal Manager
ITEM C/1/165/08/20
PROPERTY MANAGEMENT: POLICY FOR THE DISPOSAL OF/AND OR THE GRANTING OF AN EXCLUSIVE RIGHT TO USE MUNICIPAL IMMOVABLE PROPERTY
Directorate : Municipal Manager Demarcation: All Wards Portfolio Comm: Strategic Services Delegation: Council
File Ref: 15/1/P
Attachments Annexure “A” – Draft Disposal Policy
Annexure “B” – Draft Schedule
Report from: Municipal Manager
Author: Senior Manager: Governance & Compliance
Date: 14 August 2020
Purpose of the report
To obtain approval for the Property Management: Policy for the Disposal of and/or the Granting of an Exclusive Right to Use Municipal Immovable Property.
Background and Discussion
It was explained in an earlier report that the overall Property Management function of the Municipality will be underpinned by three Policies, namely: 1. Immovable Property Encroachment Policy. 2. Property Rental Policy. 2. Immovable Property Disposal Policy.
The ‘Encroachment Policy’ and the ‘Rental Policy’ have been submitted as part of the earlier Item. The draft Policy for the Disposal of and/or the Granting of an Exclusive Right to Use Municipal Immovable Property is hereby attached as Annexure ‘A’. It is envisaged that the Schedule to be attached to the Policy would address the ‘procedural’ (as opposed to ‘policy’) aspects. The Schedule has not yet
110 Section1: Office of the Municipal Manager been finalized, but the draft is attached as Annexure ‘B’ to give an indication of the content/detail that will be incorporated to address procedural matters.
Relevant Legislation
MFMA
Financial Implications
None direct, but potential for income from rental payments.
Comments from Departmental Heads: Director Financial Services
As the draft Policy has been finalized at a late stage the various Heads did not have an opportunity to study the document in detail and will provide their comment (if any) at the meeting,
RECOMMENDED BY THE MUNICIPAL MANAGER
That approval be granted for the Property Management: Policy for the Disposal of and/or the Granting of an Exclusive Right to Use Municipal Immovable Property.
RECOMMENDED BY THE EXECUTIVE MAYOR
That approval be granted for the Property Management: Policy for the Disposal of and/or the Granting of an Exclusive Right to Use Municipal Immovable Property.
111 Annexure "A"
BITOU MUNICIPALITY
PROPERTY MANAGEMENT: POLICY FOR THE DISPOSAL OF AND/OR THE GRANTING OF AN EXCLUSIVE RIGHT TO USE MUNICIPAL IMMOVABLE PROPERTY
AUGUST 2020
112 INDEX
1. DEFINITIONS
2. LEGISLATIVE FRAMEWORK
3. PURPOSE
4. SCOPE
5. GUIDING PRINCIPLES
6. CATEGORIES FOR THE DISPOSAL OF OR THE GRANTING OF A RIGHT
TO USE IMMOVABLE PROPERTY
7. UNSOLICITED BID: PROCESS
8. UNSOLICITED BID: APPLICATION REQUIREMENTS
9. ACTIONS AT THE INUTIATIVE OF THE MUNICIPALITY: PROCESS
10. DONATIONS AND/OR THE DISPOSAL OF OR GRANTING OF A RIGHT
TO USE IMMOVABLE PROPERTY TO SOCIAL CARE USERS
11. LAND EXCHANGE
12. THE DISPOSAL COMMITTEE
SCHEDULE
113 1. DEFINITIONS
“Asset Transfer Regulations” means the Municipal Asset Transfer Regulations (2008) promulgated under the MFMA. “Bid” means a written offer submitted in a prescribed or stipulated form, in response to an invitation by the Municipality for a procurement or disposal, as part of the competitive bidding process of the Municipality “Disposal” means transfer of ownership. “Disposal Committee” means the Committee established in accordance with paragraph 12 of this Policy. “Exchange” means the simultaneous acquisition and disposal of immovable property or any right in respect of immovable property in terms of an agreement between the Municipality and any other party or parties, where the compensation payable by the parties to each other, is offset and only the difference, if any, is payable to the appropriate party. “Exclusive” in relation to a right to use means the sole right to use or manage immovable property at the exclusion of all others. “Exempted immovable property” means property that is exempted by Section 14(6) of the MFMA. “High value” for the purposes of this Policy means that the fair market value of the immovable property, in the case of a lease, exceeds R1 million, and in the case of a disposal, exceeds R500 000. “Immovable property” means any land and the buildings attached to that land which is in ownership of the Municipality, or which vests in the Municipality, or which is under the control of the Municipality and managed by the Municipality as if it is the owner thereof. "Integrated Development Plan" means an integrated development plan contemplated in Section 25 of the Municipal Systems Act No. 32 of 2000. “Lease” means a contract between parties whereby the one party (Landlord) lets /leases and the second party (tenant) hires property for a specified period for a consideration (rental) and upon such terms and conditions that are agreed between the parties. “MFMA” means the Local Government: Municipal Finance Management Act (2003) (Act No. 56 of 2003).
114 “Municipality” means the Bitou Local Municipality. “Municipal Manager” means the Municipal Manager of the Bitou Municipality or any official delegated by him to perform a duty or exercise a discretion in terms of this Policy. “Non-viable property” means immovable property that, owing to urban planning or physical constraints or extent, cannot be developed on its own or function as a separate entity and only becomes functional if alienated or leased to an adjoining owner for usage in conjunction with the said owner’s property. “Right to use” means the right to use a municipal immovable property for a period exceeding one month. “Schedule” means the Schedule to be attached to this Policy. “Social care users” means service provided by registered welfare, charitable, non-profit cultural and religious organisations. “Unsolicited bid” means an offer made to lease or purchase as a result of the unsolicited bid submitter's initiative and not due to any request made by the Municipality. “Viable property” means immovable property that can be developed and functions as a separate entity or as part of other immovable property.
2. LEGISLATIVE FRAMEWORK
2.1. The legislative framework for the disposal of and/or the right to use immovable property is contained in a number of laws and regulations, including but not limited to: 2.1.1. The MFMA, in particular section 14, which deals with the disposal of (inter alia) immovable property; 2.1.2. The Asset Transfer Regulations, which (inter alia) governs: (a) The disposal of immovable property; and (b) The granting of rights to lease, use, control or manage immovable property. 2.2. This Policy must be read together with: 2.2.1. The Zoning By-Law;
115 2.2.2. The Policy for the Management of the Non-exclusive Use of and/or Encroachment onto Municipal Immovable Property; 2.2.3. The Property Rental Policy; 2.2.4. The Supply Chain Management Policy; and 2.2.5. Any other relevant laws which deal with immovable property.
3. PURPOSE
3.1. The purpose of this Policy is to provide a framework for the management of the disposal of and/or the granting of an exclusive right to use immovable property. 3.2. The Policy establishes the guiding principles and the methodology for the disposal of and/or the granting of an exclusive right to use immovable property (but does not include the contractual obligations that need to be implemented after a decision has been made to either dispose of or grant a right to use immovable property). 3.3. This policy must be seen as the Immovable Property Disposal Management Policy of the Municipality for the purposes of Section 40 of the Municipal Supply Chain Management Regulations.
4. SCOPE
4.1. This Policy does not apply to: 4.1.1. The following matters which are addressed in the Policy for the Management of the Non-exclusive Use of and/or Encroachment onto Municipal Immovable Property: (a) The non-exclusive us of immovable property. (b) Encroachments onto immovable property. 4.1.2. The temporary use of immovable property for informal trading in accordance with the relevant policies of the Council, beach concessions during holiday seasons, and similar informal and/or temporary uses; 4.1.3. The use of immovable property for a period of less than one month;
116 4.1.4. The disposal of exempted immovable property; 4.1.5. Housing on immovable property and the transfer of that immovable property to the beneficiaries of such housing. 4.1.6. Immovable property which is subject to a Public Private Partnership 4.1.7. Signage on municipal land. 4.1.8. Temporary storage of building material on municipal land during construction activities. 4.2. This Policy shall be applicable to the disposal of and/or the granting of an exclusive right to use immovable property, and any disposal of and/or the granting of an exclusive right to use immovable property shall only be granted or recognised in the manner as provided for in this Policy.
5. GUIDING PRINCIPLES
The following principles and values should underpin activities and decisions regarding the disposal of and/or the granting of a right for the exclusive use of immovable property: 5.1. In compliance with the provisions of section 14(1) of the MFMA, the Municipality shall not allow any disposal of municipal land that is needed to provide the minimum level of basic municipal services. 5.2. The Municipality shall also not grant a lease to allow the exclusive use of immovable property if that property may be required by the Municipality for its own purposes during the lease period. 5.3. The disposal of, and insofar as is practically possible or applicable, the granting of a right for the exclusive use of immovable property should be fair, equitable, transparent, competitive and consistent with the Supply Chain Management Policy. 5.4. The Municipality has a responsibility to acquire and manage immovable property: 5.4.1. For its own use for purposes of developing and maintaining municipal infrastructure, promoting service delivery and for
117 facilitating social and economic development and spatial integration. 5.4.2. On behalf of its residents and ratepayers, where the key consideration is the best interests of the Municipality (and thus its residents and ratepayers) rather than that of individuals. 5.4.3. To promote social integration, to redress existing spatial inequalities, to promote economic growth, to build strong, integrated and dignified communities, and to provide access to housing, services, amenities, and opportunities for employment. 5.4.4. To promote access by black people to the social and economic benefits of property ownership, management, development and use. 5.5. All actions relating to the disposal and use of immovable property should be of maximum benefit to the Municipality, its operational requirements and the broader community. 5.6. Where a valuation is to be undertaken for the purposes of the disposal of or the granting of an the exclusive use of immovable property the valuation should as a matter of principle as far as reasonably possible be based on the proposed and not necessarily on the current use and/or zoning of the immovable property. 5.7. In those instances where a historical unlawful use of immovable property has occurred without the payment of an encroachment rental in circumstances where such rental should have been applicable, the appropriate encroachment rental shall be applied retrospectively when an application to regularize that use is made and approved.
6. CATEGORIES FOR THE DISPOSAL OF OR THE GRANTING OF A RIGHT TO USE IMMOVABLE PROPERTY
For the purposes of this Policy the various transactions relating to the disposal of or the granting of an exclusive right for the use of immovable property have been categorized as follows: 6.1. Unsolicited bids:
118 6.1.1. Application for the lease of immovable property (see paragraph 7.1). 6.1.2. Application for the purchase of immovable property (see paragraph 7.2). 6.1.3. Application to attach telecommunication or related equipment to immovable property (see paragraph 7.3). 6.2. Actions at the initiative of the Municipality: 6.2.1. Invitation to lease immovable property (see paragraph 9.1). 6.2.2. Invitation to dispose of immovable property (see paragraph 9.2). 6.3. Donations (see paragraph 10). 6.4. Land exchanges (see paragraph 11).
7. UNSOLICITED BID: PROCESS
7.1. The process that shall be followed during the processing of and decision regarding an unsolicited bid to lease immovable property shall be as summarized in Diagram 1 of the Schedule, and as explained in more detail in the Tables contained in the Schedule. 7.2. The process that shall be followed during the processing of and decision regarding an unsolicited bid to purchase immovable property shall be as summarized in Diagram 2 of the Schedule, and as explained in more detail in the Tables contained in the Schedule. 7.3. The process that shall be followed during the processing of and decision regarding an unsolicited bid to attach telecommunication or related equipment to immovable property shall be as summarized in Diagram 3 of the Schedule, and as explained in more detail in the Tables contained in the Schedule.
8. UNSOLICITED BID: APPLICATION REQUIREMENTS
8.1. An unsolicited bid shall contain at least the following: 8.1.1. Application fee; 8.1.2. Particulars of applicant;
119 8.1.3. Particulars of the property, including a copy of the title deed; 8.1.4. Plan to scale showing proposed lease or purchase area (with dimensions and sizes); 8.1.5. Plan showing surrounding properties; 8.1.6. A clear explanation of the following: (a) Whether the lease or purchase area qualifies as a high-value property (>R1M in the case of a proposed lease and >R500 000 in the case of a proposed purchase); (b) Whether the lease or purchase area qualifies as non- viable land (with a suitable motivation); (c) The term of the lease agreement, if applicable; 8.1.7. Motivation for the lease or purchase, to include: (a) Description of current use and potential (b) The zoning status of the lease or purchase area and the surrounding land; (c) The proposed use (including an indication of any improvements that will be made) and the reasons for it; (d) A description of the compatibility of the proposed use in the broader context as reflected in the IDP and the SDF; (e) Potential use of the property by the Municipality; (f) Potential use by or impact on other land owners; (g) Impact of the proposed use on the surrounding environment (including the urban environment and the streetscape); 8.1.8. If the proposal is to regularize an existing use, a clear description of the background history and the reasons for the existing unauthorized use; 8.1.9. Motivation for the lease period (where applicable); 8.1.10. Explanation of actions to be taken at the end of the lease period (where applicable).
120 8.2. If an unsolicited bid does not contain the required information the Municipality may refuse to process and consider the matter. 8.3. The Municipal Manager may grant exemption from the abovementioned requirements. 8.4. The applicant may, at the appropriate time and depending on the circumstances, be required to augment the application with the following information (if it has not already been included in the initial submission); 8.4.1. Market based valuation of the lease or purchase area (based on the proposed and not the actual use); 8.4.2. Market based rental amount (to be informed by the valuation), where applicable; 8.4.3. Proposed rental amount (where applicable); 8.4.4. A description of: (a) Any expected benefits and/or proceeds that the Municipality may receive as a result of the approval of the lease or purchase; (b) Any expected gain or loss that will be realized or incurred by the Municipality arising from approval of the lease or purchase; 8.4.5. Draft lease agreement (where applicable).
9. ACTIONS AT THE INITIATIVE OF THE MUNICIPALITY: PROCESS
9.1. The process that shall be followed during the processing of and decision regarding a bid to lease immovable property shall be as summarized in Diagram 4 of the Schedule, and as explained in more detail in the Tables contained in the Schedule. 9.2. The process that shall be followed during the processing of and decision regarding a bid to dispose of immovable property shall be as summarized in Diagram 4 of the Schedule, and as explained in more detail in the Tables contained in the Schedule.
121 10. DONATIONS AND/OR THE DISPOSAL OF OR GRANTING OF A RIGHT TO USE IMMOVABLE PROPERTY TO SOCIAL CARE USERS
10.1. For the purposes of this Policy social care and/or community users include, but are not limited to, the following: 10.1.1. Place of worship. 10.1.2. Child care facility. 10.1.3. Schools. 10.1.4. Non-profit rehabilitation centres. 10.1.5. Homes/centres for indigent, battered or destitute persons. 10.1.6. Organizations for the homeless or the elderly. 10.1.7. Youth activity centres. 10.1.8. Non-profit organisations aimed at community activities and/or upliftment (e.g. Sea Scouts, Sports Clubs, Rotary, etc.). 10.1.9. Any user which in the opinion of the Disposal Committee qualifies as a social care user. 10.2. Unsolicited bids may be entertained from social care and/or community users, provided that in addition to the general application requirements mentioned in paragraph 8 above, the following be also provided: 10.2.1. The size of the congregation, membership, or similar. 10.2.2. Availability of finance to implement the proposed use. 10.2.3. Whether or not a similar use is already provided in the area. 10.2.4. Whether or not the congregation or membership is drawn from the area in which the immovable property is situated. 10.2.5. The purpose of the activity, benefit to the community, and similar matters. 10.3. The donation, disposal of or the granting of a right to use of immovable property at a value which is lower than market value will only be considered if a specific recommendation to that effect is made by the Disposal Committee.
122 11. LAND EXCHANGE
11.1. A land exchange may occur as either the result of an unsolicited bid or at the initiative of the Municipality. 11.2. The same principles that apply to unsolicited bids or the actions at the initiative of the Municipality as outlined in paragraphs 7 to 9 above shall equally apply to a land exchange, provided that it be acknowledged that it may be necessary for some of the procedures to be adapted to accommodate the unique nature of a land exchange.
12. THE DISPOSAL COMMITTEE
12.1. The Council shall establish a Disposal Committee, and may delegate the authority for the establishment of appointment of the members to the Disposal Committee to the Municipal Manager. 12.2. Before taking a decision referred to in paragraph 12.3 the Disposal Committee must consider the following matters: 12.2.1. Whether or not the proposed lease/purchase/disposal area is required to provide a basic level of municipal services. 12.2.2. Whether or not the land area would be required by the Municipality for its own purposes during the lease period (if applicable). 12.2.3. Whether or not the proposed lease/purchase/disposal area qualifies as viable or non-viable land. 12.2.4. Whether or not there are any in-principle spatial planning or related reasons why the proposed lease/purchase should not be approved. 12.2.5. Whether or not the benefits to be achieved should the lease/disposal be approved will be of such a nature that they will outweigh any disadvantages, taking into account aspects such as current and future administrative costs and responsibilities.
123 12.2.6. Whether or not the conditions of the ownership of the immovable property in the name of the Municipality precludes any lease or disposal of that immovable property. 12.3. If the Disposal Committee is satisfied that any of the abovementioned factors apply to an application or a proposal for the lease/purchase/disposal of immovable property it may refuse that application or proposal without any further process. 12.4. The Disposal Committee may, after due consideration of a report to that effect, decide that it is not desirable or worthwhile to devote time and human resources to the prescribed supply chain tender process, bearing in mind the nature, scale, impact, etc. of the proposed lease/purchase/disposal, and may therefore refuse that application or proposal without any further process. 12.5. The Disposal Committee shall, where applicable, make recommendations to the Council (or the Municipal Manager) regarding: 12.5.1. The matters referred to in Section 14(2)(a) and (b) of the MFMA. 12.5.2. The decisions to be taken by the Council (or the Municipal Manager) in terms of Section 5(b)(i) and (ii), read with Section 5(6), of the Asset Transfer Regulations. 12.5.3. The decisions to be taken by the Council in terms of Section 5(3)(a) of the Asset Transfer Regulations. 12.5.4. The decisions to be taken by the Council (or the Municipal Manager) in terms of Section 34(1)(b), read with Section 34(4), of the Asset Transfer Regulations. 12.5.5. The decisions to be taken by the Council in terms of Section 34(3)(a) of the Asset Transfer Regulations. 12.5.6. The donation or disposal of or granting of a right to use immovable property at a value less than market value to a social care and/or community user. 12.5.7. The exchange of immovable property for other property. 12.6. In making the recommendations referred to in paragraph 12.5, the Disposal Committee shall, where applicable, consider the following:
124 12.6.1. The matters referred to in Section 5(3)(b) of the Asset Transfer Regulations. 12.6.2. The matters referred to in Section 7 of the Asset Transfer Regulations. 12.6.3. The matters referred to in Section 34(3)(b) of the Asset Transfer Regulations. 12.6.4. The matters referred to in Section 36 of the Asset Transfer Regulations. 12.6.5. An assessment of the proposed use of the immovable property, taking into account: (a) The protection of ecological processes and naturel systems. (b) The potential impact on the sense of place, urban environment and the streetscape. (c) The potential impact on the cultural, economic, physical and social well-being of people and communities. (d) The potential financial return and impact on the economic development of the municipal area. (e) The Integrated Development Plan, Spatial Development Framework, and related policies. (f) Any other aspects that is considered to be relevant by the Disposal Committee. 12.7. The Council (or the Municipal Manager) may not make any of the decisions referred to in paragraphs 12.5.2 to 12.5.7 without consideration of the recommendation of the Disposal Committee.
125 Annexure "B"
SCHEDULE
126 DIAGRAM 1 UNSOLICITED BID TO LEASE IMMOVABLE PROPERTY
Application to lease property (see Table 1)
Value < R1M Value ≥ R1M (see Table 1) (see Table 1)
Lease period (see Table 2)
< 3 years ≥ 3 < 10 years ≥ 10 years Indefinite
Viability Report Viability Report (see Table 3) (see Table 3) Process as an application for disposal (see Table ..)
Non-viable property Viable property Application refused (see Table 5) (see Table 5) (see Table 4)
Public participation Viability Report (see Table 14) (see Table 3)
Land use application No land use required application required (see Table 6) (see Table 6) No expression of Expression of interest interest (see Table 11) (see Table 11) Land use application Additional & additional information information (see Table 7) (see Table 9)
Application refused Proceed with tender Public participation Public participation (see Table 15) process (see Table 9) (see Table 7) (see Table 15)
Report to & Report to & recommendation by recommendation by In-principle decision Application refused Disposal Committee Disposal Committee (see Table 8) (see Table 3) (see Table 10) (see Table 8)
In-principle decision Finalize land use Finalize lease (see Table 11) application agreement (if applicable) see Tables 12 & 13
127 TABLE 1: LEASE APPLICATION
1 Formal application submitted to the Land Use Management Section See paragraph …
2 If the proposal is for the lease of a high value property (>R1M) Go to Table …
3 If the proposal is for the lease of other property (i.e. value ≤R1M) Go to Table 2
TABLE 2: LEASE PERIOD
1 Lease period: 1 month > 3 years Go to Table 3
2 Lease period: ≥ 3 years < 10 years Go to Table 3
3 Lease period: ≥ 10 years Go to Table 3
4 Lease period: Indefinite Go to Table…
TABLE 3: VIABILITY AND RELATED REPORTS
1 The Land Use Management Section to obtain the comment of the other Municipal Departments regarding the following: (a) If the lease area is required to provide a basic level of municipal services (b) If the land area would be required by the Municipality for its own purposes during the lease period
2 Report by the Land Use Management Section to assess the following: (a) If the lease area is required to provide a basic level of municipal services (b) If the land area would be required by the Municipality for its own purposes during the lease period (if applicable) (c) If the proposed lease area qualifies as non-viable land (d) If there are any in-principle spatial planning or related reasons why the proposed lease should not be approved (e) If the benefits to be achieved should the lease be approved will be of such a nature that they will outweigh any disadvantages, taking into account aspects such as current and future administrative costs and responsibilities
3 Report by the Manager: Legal Services to assess if the conditions of the ownership of the land in the name of the Municipality precludes any lease of the land area concerned
4 Reports considered by the Disposal Committee:
5 Application refused Go to Table 4
6 Lease < 3 years Go to Table 5
7 Lease ≥ 3 < 10 years Go to Table 16
8 Lease ≥ 10 years Go to Table 16
128
TABLE 4: IN-PRINCIPLE DECISION (APPLICATION REFUSED)
1 The Disposal Committee determines that: The application is (a) The lease/purchase area is required to provide a basic level of refused municipal services, or (b) The land area would be required by the Municipality for its own purposes during the lease period (if applicable), or (c) There are in-principle spatial planning or related reasons why the proposed lease/purchase should not be approved (d) Indications are that disadvantages will considerably outweigh the benefits of the approval of the proposed lease/disposal
TABLE 5: VIABILITY DECISION (LEASE < 3 YEARS)
1 The Disposal Committee determines that the proposed Go to Table 6 lease/purchase area is non-viable land
2 The Disposal Committee determines that the proposed Go to Table 14 lease/purchase area is viable land
TABLE 6: DETERMINE IF LAND USE APPLICATION REQUIRED
1 The Land Use Management Section to determine if a temporary closure of a Public Place, a temporary suspension of restrictive conditions of title or similar land use application process is required as a result of the proposed lease
2 Land use application process required for proposed lease Go to Table 9
3 No land use application process required for proposed lease Go to Table 7
TABLE 7: ADDITIONAL INFORMATION AND PUBLIC PARTICIPATION 1 The Land Use Management Section to instruct the applicant to See paragraph … provide the required additional information (if not provided as part of the initial application)
2 The Land Use Management Section to undertake a public participation process and to obtain the comment from the relevant Municipal Departments
3 Applicant granted an opportunity to respond to the comment Go to Table 8 received
TABLE 8: CONSIDERATION OF REPORT AND IN-PRINCIPLE DECISION
1 Report by the Land Use Management Section that addresses the See paragraph … required aspects
129 2 Report considered by the Disposal Committee to make a recommendation to the Council (or to the Municipal Manager)
3 The Council (or the Municipal Manager) considers the recommendation of the Disposal Committee and adopts an in- principle decision 4 If the in-principle approval is granted the Municipality can enter into a lease agreement with the applicant
TABLE 9: PROCESSING OF THE LAND USE APPLICATION
1 The Land Use Management Section to instruct the applicant to: See paragraph … (a) Submit the required application (inclusive of the required application fee) for a temporary closure of a Public Place, a temporary suspension of restrictive conditions of title or similar land use application, as may be required (b) Submit the required information (if it was not provided as part of the initial application) in addition to the required land use application
2 The Land Use Management Section to undertake the prescribed land use application as well as a public participation process in respect of the proposed lease simultaneously, and to obtain the comment from the relevant Municipal Departments
3 Applicant granted an opportunity to respond to the comment Go to Table 8 received
TABLE 10: REPORT
1 Report by the Land Use Management Section that addresses: (a) The required aspects (b) An indication if the land use application is supported in principle
2 Report considered by the Disposal Committee to make a Go to Table 11 recommendation to the Council (or to the Municipal Manager)
TABLE 11: CONSIDERATION OF REPORT AND IN-PRINCIPLE DECISION
1 The Council (or the Municipal Manager) considers the See paragraph … recommendation of the Disposal Committee and adopts an in- principle decision 2 The proposed lease is approved in principle by the Council (or the See Table 12 Municipal Manager) 3 The proposed lease is refused by the Council (or the Municipal See Table 10 Manager)
TABLE 12: PLANNING DECISION
1 The Land Use Management Section to finalize the land use application (including any appeal process)
130 2 If the land use application is approved, the Municipality can enter into a lease agreement with the applicant
3 If the land use application is refused, the applicant is informed that the lease agreement cannot be proceeded with, notwithstanding the in-principle approval that was granted by the Council
TABLE 13: PLANNING DECISION
1 The Land Use Management Section to request the applicant to withdraw the land use application in view of the decision made by the Council (or the Municipal Manager)
2 If the applicant fails or refuses to withdraw the land use application the Land Use Management Section to finalize the application (including any appeal process)
TABLE 14: PUBLIC PARTICIPATION TO DETERMINE INTEREST
1 The Land Use Management Section to undertake a public participation process to determine if any of the surrounding property owners or members of the general public, if applicable, may have an interest to lease the land area
2 If no interest is shown by any other party Go to Table 6
3 If interest is shown Go to Table 12
TABLE 15: DECISION TO PROCEED WITH TENDER PROCESS
1 The Land Use Management Section to prepare a Report that assesses whether or not it is desirable or worthwhile to devote time and human resources to the prescribed supply chain tender process, bearing in mind the nature, scale, impact, etc. of the proposed lease
2 The Disposal Committee decides to not proceed with the tender The further processing process of the lease application is refused
3 The Disposal Committee decides that the tender process should be Go to Table …. proceeded with
TABLE 16: VIABILITY DECISION (LEASE ≥ 3 < 10 YEARS)
1 The Disposal Committee determines that the proposed Go to Table 14 lease/purchase is not refused as a matter of principle
131
TABLE 17: VIABILITY DECISION (LEASE ≥ 10 YEARS)
1 The Disposal Committee determines that the proposed Go to Table 15 lease/purchase is not refused as a matter of principle
132 SECTION 2 FINANCE Section 2: Finance
ITEM C/2/188/08/20
STATUS OF MUNICIPAL FINANCIAL POSITION FOR THE QUARTER ENDING 30 JUNE 2020
Directorate: Finance Demarcation: All Wards Portfolio comm: Finance and Eng. Services Delegation: Council
File Ref: 9/1/3/4
Attachment: Annexure “A” – Budget Statement Q4
Report from: CFO- Budget Office
Date: July 2020
Purpose of the report
The purpose of the report is to present the quarterly financial report in terms of section 52 of the Local Government: Municipal Finance Management Act, 2003.
Background/Discussion
The municipality is required by law to provide details of its financial affairs to council on quarterly basis to assess the whether municipality can manage, implement its budget and financial affairs sustainably.
Legal Requirements
Section 52 d of the MFMA states the following:
The Executive mayor of a municipality must, within thirty days of the end of each quarter submit a report to council on the implementation of the budget and the financial state of affairs of the municipality.
Financial Implications Financial implications are attached below and on the Annexure A – Q4 Budget Statement
134 Section 2: Finance
WC047 Bitou - Table C1 Monthly Budget Statement Summary - Q4 Fourth Quarter 2018/19 Budget Year 2019/20 Description Audited Original Adjusted Monthly YearTD YearTD YTD YTD Full Year Outcome Budget Budget actual actual budget variance variance Forecast R thousands % Financial Performance Property rates 129 516 145 672 141 720 10 288 137 416 141 720 (4 304) -3% 137 416 Service charges 355 914 394 936 367 804 30 280 361 944 367 804 (5 859) -2% 361 944 Investment revenue 11 592 8 089 8 842 2 056 10 308 8 842 1 466 17% 10 308 Transfers and subsidies 145 914 118 770 121 421 – 114 482 121 421 (6 939) -6% 114 482 Other own revenue 71 166 86 896 26 140 4 178 25 857 26 140 (283) -1% 25 857 Total Revenue (excluding capital transfers and 714 103 754 363 665 927 46 803 650 007 665 927 (15 920) -2% 650 007 contributions) Employee costs 171 580 236 196 238 586 21 371 244 686 238 586 6 100 3% 244 686 Remuneration of Councillors 5 840 6 971 6 363 619 5 909 6 363 (454) -7% 5 909 Depreciation & asset impairment 53 731 32 893 35 367 2 618 31 950 35 367 (3 417) -10% 31 950 Finance charges 18 417 14 798 15 130 6 545 14 825 15 130 (305) -2% 14 825 Materials and bulk purchases 126 964 141 457 134 401 23 402 138 719 134 431 4 288 3% 138 719 Transfers and subsidies 6 645 6 750 5 515 64 5 248 5 515 (267) -5% 5 248 Other expenditure 417 400 277 053 229 363 9 974 190 126 229 363 (39 237) -17% 190 126 Total Expenditure 800 577 716 117 664 726 64 594 631 463 664 756 (33 293) -5% 631 463 Surplus/(Deficit) (86 475) 38 246 1 201 (17 791) 18 544 1 171 17 373 1483% 18 544 Transfers and subsidies - capital (monetary allocations) (National / 85 454 35 601 37 201 – 19 787 37 201 (17 414) -47% 19 787 Contributions & Contributed assets 26 546 – – – – – – – Surplus/(Deficit) after capital transfers & contributions 25 526 73 847 38 402 (17 791) 38 331 38 372 (41) -0% 38 331 Share of surplus/ (deficit) of associate – – – – – – – – Surplus/ (Deficit) for the year 25 526 73 847 38 402 (17 791) 38 331 38 372 (41) -0% 38 331
Capital expenditure & funds sources Capital expenditure 83 321 84 766 79 047 18 491 31 593 79 047 (47 454) -60% 46 748 Capital transfers recognised 51 125 32 999 32 810 5 853 23 742 32 810 (9 068) -28% 24 006 Public contributions & donations – – – – – – – – Borrowing – 11 640 10 869 – – 10 869 (10 869) -100% – Internally generated funds 41 616 40 127 35 368 12 637 28 307 35 368 (7 061) -20% 22 742 Total sources of capital funds 92 741 84 766 79 047 18 490 52 049 79 047 (26 998) -34% 46 748
Financial position Total current assets 12 853 – 417 097 259 011 259 011 Total non current assets 20 617 84 766 1 225 176 1 131 196 1 131 196 Total current liabilities (348) – 56 177 164 066 164 066 Total non current liabilities (24 312) – 261 707 223 501 223 501 Community wealth/Equity 32 604 – 971 706 1 002 640 1 002 640
Cash flows Net cash from (used) operating 750 (665 213) – 8 869 105 754 – (105 754) – 105 754 Net cash from (used) investing (11 316) (84 766) (79 047) (30 751) (52 797) (79 047) (26 250) 33% (50 322) Net cash from (used) financing (19 083) (11 640) – (8 623) (19 805) – 19 805 – (19 805) Cash/cash equivalents at the month/year end (29 648) (761 619) 281 310 – 123 242 281 310 158 068 56% 125 717
31-60 91-120 121-150 151-180 181 Dys-1 Debtors & creditors analysis 0-30 Days 61-90 Days Over 1Yr Total Days Days Dys Dys Yr Debtors Age Analysis Total By Income Source 32 552 13 267 11 466 10 810 247 294 – – – 315 388 Creditors Age Analysis Total Creditors 15 341 1 198 87 937 8 – 79 – 17 649
135 Section 2: Finance
Comments by the Director: Engineering Services
The Covid-19 Lockdown had a direct impact on the financial performance of this Department especially during the first 3 months. The non-starting of the Kurland Housing project also had a negative impact.” We have requested for roll over of the MIG funds. Final MIG expenditure was around 72%.
RECOMMENDED BY THE MUNICIPAL MANAGER
That cognizance be taken of the fourth quarter financial report for the quarter ending 30 June 2020.
RECOMMENDED BY THE EXECUTIVE MAYOR
1. That cognizance be taken of the fourth quarter financial report for the quarter ending 30 June 2020.
2. That it be noted that the municipality should remain cautious with its expenditure patterns going forward.
136 Annexure “A” BITOU LOCAL MUNICIPALITY
Budget Statement For the quarter ending 30 June 2020
137 BITOU LOCAL MUNICIPALITY
Table of Contents
Table of Contents ...... 2 Glossary ...... 3 Legislative Framework ...... 5 Section 1 – Mayor’s Report ...... 5 Section 2 – Resolutions ...... 6 Section 3 – Executive Summary ...... 6 Section 4 – In-year budget statement tables ...... 8 Section 5 – Debtors' analysis ...... 17 Section 6 – Creditors' analysis ...... 178 Section 7 – Investment portfolio analysis ...... 19 Municipal manager’s quality certification ...... 20
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Glossary
Adjustments budget – Prescribed in section 28 of the MFMA. The formal means by which a municipality may revise its annual budget during the year.
Allocations – Money received from Provincial or National Government or other municipalities.
Budget – The financial plan of the Municipality.
Budget related policy – Policy of a municipality affecting or affected by the budget, examples include tariff policy, rates policy, credit control and debt collection policy.
Capital expenditure - Spending on assets such as land, buildings and machinery. Any capital expenditure must be reflected as an asset on the Municipality’s balance sheet.
Cash flow statement – A statement showing when actual cash will be received and spent by the Municipality. Cash payments do not always coincide with budgeted expenditure timings. For example, when an invoice is received by the Municipality it is shown as expenditure in the quarter it is received, even though it may not be paid in the same period.
DORA – Division of Revenue Act. Annual legislation that shows the total allocations made by national to provincial and local government.
Equitable share – A general grant paid to municipalities. It is predominantly targeted to help with free basic services.
Fruitless and wasteful expenditure – Expenditure that was made in vain and would have been avoided had reasonable care been exercised.
GFS – Government Finance Statistics. An internationally recognised classification system that facilitates like for like comparison between municipalities.
GRAP – Generally Recognised Accounting Practice. The new standard for municipal accounting.
IDP – Integrated Development Plan. The main strategic planning document of the Municipality
MBRR – Local Government: Municipal Finance Management Act (56/2003): Municipal budget and reporting regulations.
MFMA – Local Government: Municipal Finance Management Act (56/2003). The principle piece of legislation relating to municipal financial management. Sometimes referred to as the Act.
MTREF – Medium Term Revenue and Expenditure Framework. A medium term financial plan, usually 3 years, based on a fixed first year and indicative further two years budget allocations. Also includes details of the previous and current years’ financial position.
Operating expenditure – Spending on the day to day expenses of the Municipality such as salaries and wages.
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Rates – Local Government tax based on the assessed value of a property. To determine the rates payable, the assessed rateable value is multiplied by the rate in the rand.
SDBIP – Service Delivery and Budget Implementation Plan. A detailed plan comprising quarterly performance targets and quarterly budget estimates.
Strategic objectives – The main priorities of the Municipality as set out in the IDP. Budgeted spending must contribute towards the achievement of the strategic objectives.
Unauthorised expenditure – Generally, is spending without, or in excess of, an approved budget.
Virement – A transfer of budget.
Virement policy - The policy that sets out the rules for budget transfers. Virements are normally allowed within a vote. Transfers between votes must be agreed by Council through an Adjustments Budget. Vote – one of the main segments into which a budget of a municipality is divided for the appropriation of money for the different departments or functional areas of the municipality; and (b) which specifies the total amount that is appropriated for the purposes of the department or functional area concerned.
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Legislative Framework This report has been prepared in terms of the following enabling legislation. The Municipal Finance Management Act – No. 56 of 2003 Section 52(d): quarterly budget statements. Local Government: Municipal Finance Management Act (56/2003): Municipal budget and reporting regulations (MBRR)
PART 1 – IN-YEAR REPORT
Section 1 – Mayor’s Report
1.1 In-Year Report – Quarterly Budget Statement
The report outline the financial performance and position of the municipality for the quarter ending 30 June 2020. The budget of the municipality is compiled with the objective that Bitou municipality remains a financial viable and sustainable institution.
The financial management and sustainability of the municipality is critical for the future of this community. We have made various financial commitments through loans, finance leases to secure yellow fleet for service delivery department and some of our plans require stable financial position of the municipality. The financial viability is measured through the current ratio and acid test ratio. These ratios are critical in terms of evaluating the ability of the municipality to meet its short term obligations. And the municipality has proven to be financially stable for the two past quarters. As can be seen in the C7 Cash flow statement the municipality requires almost over R50 million per quarter to be able to cover its operating cost. The current cash position as at 30 June 2020 will cover the municipality for the next three months as the cash flow amount is R123.242 million. The council have suspended credit control measures during the lockdown process as a means of relief to the communities. This decision will have a significant impact in the financial position of the municipality. The municipality has a total number of 2357 registered indigents. It should be noted that the current pandemic has serious impact on the financial position of the municipality. The country is currently on the level 3 of lockdown and already the municipality has been impacted negatively in this regard, a major effect on the economic condition of the country and the municipality. The change in the global economy and especially a decline in the tourism sector due to the lockdown will impact negatively on the town and this might last for longer than anticipated. Some tourism sector have closed shop and requests relief from the municipality. This will have a major impact on the municipality’s budget and further weakens the economy of the municipality in the next financial year. The municipality adjusted its operational revenue and expenditure budget to make provision for COVID19 as a relief to its community, Funding was also allocated from National and Provincial Treasury to assist the municipality during the pandemic. The municipality has been reporting weekly on COVID19 expenditure, it can be reported that COVID19 relief grant has been spent 100%.
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Section 2 – Resolutions
IN-YEAR REPORTS 2019/2020 This is the resolution that will be presented to Council when the In-Year Report is tabled:
RECOMMENDATION: That Council notes the quarterly budget statement and supporting documentation for 30 June 2020. Section 3 – Executive Summary
3.1 Introduction The quarterly budget statement has been prepared in terms of the Municipal Budget and Reporting Regulations and section 52(d) of the Municipal Finance Management Act 56 of 2003.
Consolidated performance
Revenue by Source
Property Rates
Revenue from property rates year to date amounts to R137. 4 million which translate to 94% of the budget. The supplementary valuation roll was finalised at the late stage of the financial year.
Water, Waste water and Refuse
Services charges are performing as per targeted estimates with a combined revenue of R15.6 million and on year to date actual amounts to R199.4 million. This translates to 99%
Electricity
The actual amount for the quarter ending 30 June 2020 amounts to R14.6 million and on year to date amounts to R162.4 million which translates to 98% of the budget. This revenue source is based on electricity consumed by customers and become unpredictable as the consumers might be having measures or alternative source of energy.
Due to COVID19 and lockdown rules, the municipality still did not take actual readings in this regard, estimates were applied instead. We are looking at measures to ensure that our community is engaged and assist us by sending their readings thought citizens portal that the municipality has put in place. However little response was received.
Revenue for fines, penalties and forfeits
Traffic fines year to date amounts to R1.1 million which translates to 70%, the significant movement is as a result of Traffic section being operational since 01 June 2020. The budget has since been adjusted downwards due to contract that has only been awarded at the late stage of the financial year.
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Transfers and Subsidies
The total year to date amounts to R114.4 million which translates to 95%. Grants are received as per the gazetted DoRA. Additional grants as gazetted has been included in the adjustments budget. All monies were received as per gazette except Housing/Human settlement.
Rental of municipal facilities This revenue source amounts to R1.2 million on year to date actual, which translates to 89% of the budget. The slight under-performance is due to budget being overstated. The municipality has further lost revenue due to closure of municipal facilities and as a result, this was adjusted downwards in the adjustments budget. Other revenue Other revenue amounts to R5.7 million which translates to 120%. The over-performance is attributed to some of the services that were resumed during level 3 of the lockdown.
Expenditure by Type
Employee related cost
Expenditure relating to Employee relating cost amounts to R21.3 million and year to date total amounts to R244.6 million which translates 103%. This is due to provision for leave and workman compensation which
Councillor’s remuneration:
Expenditure relating to councillors remuneration amounts to RR619 000 and on year to date actual it amounts to R5.9 million which translates to 93%. The gazette regulating the remuneration of political office bearer has been implemented and a saving of R670 000 has been identified and the budget has been adjusted downwards.
Debt Impairment:
Amounts to R60.7 million on year to date which translates to 76%. This relates to bad debts written off throughout the financial year as well as provisional journals processed for impairment loss. This is influenced by the number of the indigents successfully registered.
Bulk Purchases:
The expenditure for bulk purchases amounts as at 30 June 2020 amounts to R20.9 million and on year to date it amounts to R129.8 million which translates to 105% an over expenditure of R6.5 million.
Other Material:
This expenditure items amounts to R2.4 million and on year to date actuals R8.8 million which translates to 80% of the budget.
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Contracted Services:
The expenditure for the current month amounts to R20.9 million and on year to date actuals amounts to R88.2 million which translates to 91%. The budget was reduced due to lockdown, suppliers being unable to provide goods or render service as per initial plan.
Total expenditure for the quarter ending 30 June 2020 amounts to R64.5 million and YTD amounts to R631.4 million which translates to 81% of the annual operational expenditure budget. Section 4 – In-year budget statement tables
4.1 Quarterly budget statements The tables included in section 4 to the end of this report are from the ‘C Schedule Quarterly Budget Statement legislated as part of the MBRR.
The municipality is reporting an operating surplus of R18.5 year to date actuals amounts to R38.3 million.
Operating expenditure under performed by R33.2 million when compared to the year to date target. We had anticipated that the municipality would have spent at least 100% of the approved operating budget of R664.4 million, however due to COVID19 pandemic, business operations of the municipality was interrupted. Below tables analyse the income and expenditure by Function and the performance of each sub function. As mentioned above the performance will increased with the implementation of the SDBIP. Table below relates to the budget performance by municipal vote. See tables below from C1 to C4 for the month ending 30 June 2020
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WC047 Bitou - Table C1 Monthly Budget Statement Summary - Q4 Fourth Quarter 2018/19 Budget Year 2019/20 Description Audited Original Adjusted Monthly YearTD YearTD YTD YTD Full Year Outcome Budget Budget actual actual budget variance variance Forecast R thousands % Financial Performance Property rates 129 516 145 672 141 720 10 288 137 416 141 720 (4 304) -3% 137 416 Service charges 355 914 394 936 367 804 30 280 361 944 367 804 (5 859) -2% 361 944 Investment revenue 11 592 8 089 8 842 2 056 10 308 8 842 1 466 17% 10 308 Transfers and subsidies 145 914 118 770 121 421 – 114 482 121 421 (6 939) -6% 114 482 Other own revenue 71 166 86 896 26 140 4 178 25 857 26 140 (283) -1% 25 857 Total Revenue (excluding capital transfers and 714 103 754 363 665 927 46 803 650 007 665 927 (15 920) -2% 650 007 contributions) Employee costs 171 580 236 196 238 586 21 371 244 686 238 586 6 100 3% 244 686 Remuneration of Councillors 5 840 6 971 6 363 619 5 909 6 363 (454) -7% 5 909 Depreciation & asset impairment 53 731 32 893 35 367 2 618 31 950 35 367 (3 417) -10% 31 950 Finance charges 18 417 14 798 15 130 6 545 14 825 15 130 (305) -2% 14 825 Materials and bulk purchases 126 964 141 457 134 401 23 402 138 719 134 431 4 288 3% 138 719 Transfers and subsidies 6 645 6 750 5 515 64 5 248 5 515 (267) -5% 5 248 Other expenditure 417 400 277 053 229 363 9 974 190 126 229 363 (39 237) -17% 190 126 Total Expenditure 800 577 716 117 664 726 64 594 631 463 664 756 (33 293) -5% 631 463 Surplus/(Deficit) (86 475) 38 246 1 201 (17 791) 18 544 1 171 17 373 1483% 18 544 Transfers and subsidies - capital (monetary allocations) (National / Provincial and District) 85 454 35 601 37 201 – 19 787 37 201 (17 414) -47% 19 787 Contributions & Contributed assets 26 546 – – – – – – – 25 526 73 847 38 402 (17 791) 38 331 38 372 (41) -0% 38 331 Surplus/(Deficit) after capital transfers & contributions Share of surplus/ (deficit) of associate – – – – – – – – Surplus/ (Deficit) for the year 25 526 73 847 38 402 (17 791) 38 331 38 372 (41) -0% 38 331
Capital expenditure & funds sources Capital expenditure 83 321 84 766 79 047 18 491 31 593 79 047 (47 454) -60% 46 748 Capital transfers recognised 51 125 32 999 32 810 5 853 23 742 32 810 (9 068) -28% 24 006 Public contributions & donations – – – – – – – – Borrowing – 11 640 10 869 – – 10 869 (10 869) -100% – Internally generated funds 41 616 40 127 35 368 12 637 28 307 35 368 (7 061) -20% 22 742 Total sources of capital funds 92 741 84 766 79 047 18 490 52 049 79 047 (26 998) -34% 46 748
Financial position Total current assets 12 853 – 417 097 259 011 259 011 Total non current assets 20 617 84 766 1 225 176 1 131 196 1 131 196 Total current liabilities (348) – 56 177 164 066 164 066 Total non current liabilities (24 312) – 261 707 223 501 223 501 Community wealth/Equity 32 604 – 971 706 1 002 640 1 002 640
Cash flows Net cash from (used) operating 750 (665 213) – 8 869 105 754 – (105 754) 105 754 Net cash from (used) investing (11 316) (84 766) (79 047) (30 751) (52 797) (79 047) (26 250) 33% (50 322) Net cash from (used) financing (19 083) (11 640) – (8 623) (19 805) – 19 805 (19 805) Cash/cash equivalents at the month/year end (29 648) (761 619) 281 310 – 123 242 281 310 158 068 56% 125 717
31-60 91-120 121-150 151-180 181 Dys-1 Debtors & creditors analysis 0-30 Days 61-90 Days Over 1Yr Total Days Days Dys Dys Yr Debtors Age Analysis Total By Income Source 32 552 13 267 11 466 10 810 247 294 – – – 315 388 Creditors Age Analysis Total Creditors 15 341 1 198 87 937 8 – 79 – 17 649
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WC047 Bitou - Table C4 Monthly Budget Statement - Financial Performance (revenue and expenditure) - Q4 Fourth Quarter 2018/19 Budget Year 2019/20 Description Audited Original Adjusted Monthly YearTD YearTD YTD YTD Full Year Outcome Budget Budget actual actual budget variance variance Forecast R thousands % Revenue By Source Property rates 129 516 145 672 141 720 10 288 137 416 141 720 (4 304) -3% 137 416 Service charges - electricity revenue 154 388 172 591 165 758 14 651 162 483 165 758 (3 275) -2% 162 483 Service charges - water revenue 80 846 87 057 83 919 6 278 82 154 83 919 (1 766) -2% 82 154 Service charges - sanitation revenue 76 337 85 498 74 378 5 871 73 742 74 378 (636) -1% 73 742 Service charges - refuse revenue 44 342 49 790 43 748 3 480 43 566 43 748 (183) 0% 43 566 Service charges - other – – – – – – – – Rental of facilities and equipment 825 1 654 1 256 158 1 120 1 256 (136) -11% 1 120 Interest earned - external investments 11 592 8 089 8 842 2 056 10 308 8 842 1 466 17% 10 308 Interest earned - outstanding debtors 13 525 11 159 15 256 1 230 15 355 15 256 99 1% 15 355 Dividends received – – – – – – – – Fines, penalties and forfeits 44 665 61 513 1 628 908 1 143 1 628 (485) -30% 1 143 Licences and permits 731 683 887 38 700 887 (187) -21% 700 Agency services 1 780 1 995 1 495 239 1 750 1 495 255 17% 1 750 Transfers and subsidies 145 914 118 770 121 421 – 114 482 121 421 (6 939) -6% 114 482 Other revenue 9 165 9 067 4 794 1 605 5 790 4 794 996 21% 5 790 Gains on disposal of PPE 476 826 826 – – 826 (826) -100% – Total Revenue (excluding capital transfers 714 103 754 363 665 927 46 803 650 007 665 927 (15 920) -2% 650 007 and contributions)
Expenditure By Type Employee related costs 171 580 236 196 238 586 21 371 244 686 238 586 6 100 3% 244 686 Remuneration of councillors 5 840 6 971 6 363 619 5 909 6 363 (454) -7% 5 909 Debt impairment 167 321 107 439 79 696 (10 521) 60 762 79 696 (18 934) -24% 60 762 Depreciation & asset impairment 53 731 32 893 35 367 2 618 31 950 35 367 (3 417) -10% 31 950 Finance charges 18 417 14 798 15 130 6 545 14 825 15 130 (305) -2% 14 825 Bulk purchases 117 655 134 086 123 376 20 994 129 885 123 376 6 510 5% 129 885 Other materials 9 309 7 372 11 026 2 409 8 834 11 056 (2 221) -20% 8 834 Contracted services 140 906 112 595 96 744 20 900 88 208 96 744 (8 536) -9% 88 208 Transfers and subsidies 6 645 6 750 5 515 64 5 248 5 515 (267) -5% 5 248 Other expenditure 61 703 57 019 52 923 (404) 41 156 52 923 (11 768) -22% 41 156 Loss on disposal of PPE 47 470 – – – 0 – 0 0 Total Expenditure 800 577 716 117 664 726 64 594 631 463 664 756 (33 293) -5% 631 463
Surplus/(Deficit) (86 475) 38 246 1 201 (17 791) 18 544 1 171 17 373 0 18 544
Transfers and subsidies - capital (monetary allocations) (National / Provincial and District) 85 454 35 601 37 201 – 19 787 37 201 (17 414) (0) 19 787
Transfers and subsidies - capital (monetary allocations) (National / Provincial Departmental Agencies, Households, Non- – – – – – – – – profit Institutions, Private Enterprises, Public Corporatons, Higher Educational Institutions)
Transfers and subsidies - capital (in-kind - all) 26 546 – – – – – – – Surplus/(Deficit) after capital transfers & 25 526 73 847 38 402 (17 791) 38 331 38 372 38 331 contributions Taxation – – – – – – – – Surplus/(Deficit) after taxation 25 526 73 847 38 402 (17 791) 38 331 38 372 38 331 Attributable to minorities – – – – – – – Surplus/(Deficit) attributable to 25 526 73 847 38 402 (17 791) 38 331 38 372 38 331 municipality Share of surplus/ (deficit) of associate – – – – – – – Surplus/ (Deficit) for the year 25 526 73 847 38 402 (17 791) 38 331 38 372 38 331
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146 BITOU LOCAL MUNICIPALITY
WC047 Bitou - Table C3 Monthly Budget Statement - Financial Performance (revenue and expenditure by municipal vote) - Q4 Fourth Quarter Vote Description 2018/19 Budget Year 2019/20 Audited Original Adjusted Monthly YearTD YearTD YTD YTD Full Year Outcome Budget Budget actual actual budget variance variance Forecast R thousands % Revenue by Vote Vote 1 - Council 1 930 3 724 3 721 7 7 3 721 (3 714) -99,8% 7 Vote 2 - Office of the Municipal Manager 56 275 40 246 39 715 98 94 833 39 715 55 117 138,8% 94 833 Vote 3 - Community Services 232 778 141 110 74 744 5 135 65 049 74 744 (9 695) -13,0% 65 049 Vote 4 - Corporate Services 685 395 819 8 1 568 819 749 91,5% 1 568 Vote 5 - Financial Services 151 964 208 455 207 219 12 778 152 423 207 219 (54 795) -26,4% 152 423 Vote 6 - Economic Development & Planning 3 456 6 399 4 962 418 2 739 4 962 (2 223) -44,8% 2 739 Vote 7 - Engineering Services 379 017 389 635 371 947 28 358 353 175 371 947 (18 773) -5,0% 353 175
Total Revenue by Vote 826 103 789 964 703 128 46 803 669 794 703 128 (33 334) -4,7% 669 794
Expenditure by Vote Vote 1 - Council 6 439 12 203 12 786 956 11 484 12 786 (1 302) -10,2% 11 484 Vote 2 - Office of the Municipal Manager 22 386 27 760 31 007 2 758 28 047 31 007 (2 960) -9,5% 28 047 Vote 3 - Community Services 360 731 199 571 159 996 11 862 157 712 160 026 (2 314) -1,4% 157 712 Vote 4 - Corporate Services 52 151 56 252 58 596 6 510 53 869 58 596 (4 727) -8,1% 53 869 Vote 5 - Financial Services 33 879 66 712 65 923 (824) 59 235 65 923 (6 688) -10,1% 59 235 Vote 6 - Economic Development & Planning 18 940 23 822 22 353 1 471 20 293 22 353 (2 060) -9,2% 20 293 Vote 7 - Engineering Services 306 052 329 797 314 065 41 860 300 822 314 065 (13 242) -4,2% 300 822
Total Expenditure by Vote 800 577 716 117 664 726 64 594 631 463 664 756 (33 293) -5,0% 631 463
Surplus/ (Deficit) for the year 25 526 73 847 38 402 (17 791) 38 331 38 372 (41) -0,1% 38 331
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147 BITOU LOCAL MUNICIPALITY
Financial Performance Expenditure by Municipal Vote Council The overall expenditure for this department amounts to R11.4 million which translates 90%. The budget has performed fairly well. Office of the Municipal Manager Overall expenditure for this department amounts to R28.0 million which translate to 90% of the total budget. The budget performance is satisfactory.
Community Services Overall expenditure for this department amounts to R157.7 million which translate to 99% of the total operating expenditure budget. The budget under this directorate has been adjusted down due to monies that the department of Human settlement is still owing the municipality, this impact negatively on housing projects as well as the cash flow of the municipality. The budget under Waste management section has been adjusted up to accommodate the EPWP contracts that has expired.
Corporate Services The overall expenditure for this department is R53.8 million which translates to 92%. The budget has been increased by R1.1 million due to legal fees that was requested by the department which has exceeded the budget even after adjusting the budget upwards.
Financial Services The total expenditure for this department is R59.2 million which translate to 90% of the total budget. The underperformance is due to the valuation roll tender that was only concluded towards end of June 2020
Economic Development and Planning Overall expenditure for this department amounts to R20.2 million which translates to 91% of the total operating expenditure budget.
Engineering Services Overall expenditure to date for this department amounts to R300.8 million which translates to 96% of the total operating expenditure budget. The budget’s performing fairly well.
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148 BITOU LOCAL MUNICIPALITY
The table below reflects capital expenditure per municipal vote and standard classification for 30 June 2020
WC047 Bitou - Table C5 Monthly Budget Statement - Capital Expenditure (municipal vote, functional classification and funding) - Q4 2018/19 Budget Year 2019/20 Vote Description Audited Original Adjusted Monthly YearTD YearTD YTD YTD Full Year Outcome Budget Budget actual actual budget variance variance Forecast R thousands % Multi-Year expenditure appropriation Vote 1 - Council – – – – – – – – Vote 2 - Office of the Municipal Manager – – – – – – – – Vote 3 - Community Services 2 329 10 181 6 465 529 3 722 6 465 (2 743) -42% 4 270 Vote 4 - Corporate Services – 772 263 199 199 263 (64) -24% 234 Vote 5 - Financial Services – – – – – – – – Vote 6 - Economic Development & Planning 71 – – – – – – – Vote 7 - Engineering Services 1 819 26 743 23 673 7 501 18 130 23 673 (5 542) -23% 15 873
Total Capital Multi-year expenditure 4 220 37 696 30 400 8 229 22 051 30 400 (8 349) -27% 20 377
Single Year expenditure appropriation Vote 1 - Council – – – – – – – – Vote 2 - Office of the Municipal Manager – – – – – – – – Vote 3 - Community Services 23 326 9 020 10 402 581 1 316 10 402 (9 087) -87% 999 Vote 4 - Corporate Services 1 086 2 183 2 361 1 728 1 781 2 361 (581) -25% 1 744 Vote 5 - Financial Services (9 173) 629 429 108 326 429 (103) -24% 301 Vote 6 - Economic Development & Planning – – – – – – – – Vote 7 - Engineering Services 63 861 35 238 35 454 7 844 6 119 35 454 (29 335) -83% 23 327
Total Capital single-year expenditure 79 102 47 070 48 647 10 262 9 542 48 647 (39 105) -80% 26 371 Total Capital Expenditure 83 321 84 766 79 047 18 491 31 593 79 047 (47 454) -60% 46 748
Capital Expenditure - Functional Classification Governance and administration (5 875) 6 765 4 945 1 919 3 521 4 945 (1 424) -29% 3 495 Executive and council – – – – – – – – Finance and administration (5 875) 6 765 4 945 1 919 3 521 4 945 (1 424) -29% 3 495 Internal audit – – – – – – – – Community and public safety 21 348 5 941 4 911 915 2 425 4 911 (2 486) -51% 2 386 Community and social services 5 397 1 470 1 600 784 865 1 600 (735) -46% 838 Sport and recreation – 4 471 3 311 131 1 560 3 311 (1 751) -53% 1 548 Public safety 261 – – – – – – – Housing 15 690 – – – – – – – Health – – – – – – – – Economic and environmental services 19 531 5 300 3 956 470 1 805 3 956 (2 151) -54% 1 805 Planning and development 84 – – – – – – – Road transport 19 447 5 300 3 956 470 1 805 3 956 (2 151) -54% 1 805 Environmental protection – – – – – – – – Trading services 46 046 66 760 65 235 15 185 44 298 65 235 (20 937) -32% 39 062 Energy sources 13 087 21 088 18 174 6 703 16 315 18 174 (1 860) -10% 11 453 Water management 16 029 21 017 25 593 5 792 18 340 25 593 (7 253) -28% 18 294 Waste water management 16 344 14 525 11 354 2 380 7 639 11 354 (3 715) -33% 7 621 Waste management 586 10 130 10 114 310 2 004 10 114 (8 110) -80% 1 694 Other 2 271 – – – – – – – Total Capital Expenditure - Functional Classification 83 321 84 766 79 047 18 490 52 049 79 047 (26 998) -34% 46 748
Funded by: National Government 30 048 23 479 23 479 4 503 19 779 23 479 (3 700) -16% 20 082 Provincial Government 20 431 9 520 9 331 1 350 3 963 9 331 (5 368) -58% 3 924 District Municipality – – – – – – – – Other transfers and grants 646 – – – – – – – Transfers recognised - capital 51 125 32 999 32 810 5 853 23 742 32 810 (9 068) -28% 24 006 Public contributions & donations – – – – – – – – Borrowing – 11 640 10 869 – – 10 869 (10 869) -100% – Internally generated funds 41 616 40 127 35 368 12 637 28 307 35 368 (7 061) -20% 22 742 Total Capital Funding 92 741 84 766 79 047 18 490 52 049 79 047 (26 998) -34% 46 748 13
149 BITOU LOCAL MUNICIPALITY
Capital expenditure
The actual capital expenditure for the quarter ending 30 June 2020 amounts to R18.4 million and on actual year to date expenditure amounts to R52.0 million which translates into a spending percentage of 66 % of the amended capital budget of R79. 047 million.
The Capex budget is not fully spent due to lockdown, minimal business operations were allowed. Expenditure on capital items funded by finance lease has been concluded and this has been committed in the 2019/20 financial year which will be disclosed as such in the 2019-2020 AFS.
Housing capital projects continues to be a challenge for a municipality, which does not seem to be resolved. Council must note that the inconsistencies from Province are causing confusion and this has a negative impact on the municipality. The table chart below reflects capital expenditure of the municipality for the quarter ending June 2020
The table below reflects the statement of financial position of the municipality. The total Current assets for the quarter ending June 2020 amounts to R259.011 million
The current liabilities as at 30 June 2020 amounts to R164.066 million. The current ratio in this regard has significantly decreased to 1.5: 1 , this is still positive as the acceptable norm in terms of treasury guidelines is between 1.5 to 2 :1 . Although the municipality can still pay its short term obligations, this means the municipality have to put stringent controls to manage its expenditure budget.
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WC047 Bitou - Table C6 Monthly Budget Statement - Financial Position - Q4 Fourth Quarter 2018/19 Budget Year 2019/20 Description Audited Original Adjusted YearTD Full Year Outcome Budget Budget actual Forecast R thousands ASSETS Current assets Cash (32 746) – (451 037) 80 169 80 169 Call investment deposits (18 007) – 132 047 43 073 43 073 Consumer debtors 21 302 – 521 189 104 800 104 800 Other debtors 36 685 – 183 493 15 937 15 937 Current portion of long-term receivables (1) – – 2 2 Inventory 5 620 – 31 405 15 030 15 030 Total current assets 12 853 – 417 097 259 011 259 011
Non current assets Long-term receivables (11) – (31) 2 2 Investments 750 – 15 206 8 355 8 355 Investment property (4 393) – 45 279 22 226 22 226 Investments in Associate – – – Property, plant and equipment 24 354 84 766 1 171 605 1 100 559 1 100 559 Agricultural – – – Biological assets – – – Intangible assets (82) – (6 953) 54 54 Other non-current assets – – 70 Total non current assets 20 617 84 766 1 225 176 1 131 196 1 131 196 TOTAL ASSETS 33 470 84 766 1 642 273 1 390 207 1 390 207
LIABILITIES Current liabilities Bank overdraft – – – Borrowing – – – 21 613 21 613 Consumer deposits 358 – 8 354 8 546 8 546 Trade and other payables 11 665 – 13 679 103 409 103 409 Provisions (12 370) – 34 145 30 498 30 498 Total current liabilities (348) – 56 177 164 066 164 066
Non current liabilities Borrowing (19 458) – 153 655 100 512 100 512 Provisions (4 854) – 108 052 122 990 122 990 Total non current liabilities (24 312) – 261 707 223 501 223 501 TOTAL LIABILITIES (24 660) – 317 885 387 567 387 567
NET ASSETS 58 130 84 766 1 324 389 1 002 640 1 002 640
COMMUNITY WEALTH/EQUITY Accumulated Surplus/(Deficit) 459 – 890 706 923 818 923 818 Reserves 32 145 – 81 000 78 822 78 822 TOTAL COMMUNITY WEALTH/EQUITY 32 604 – 971 706 1 002 640 1 002 640 15
151 BITOU LOCAL MUNICIPALITY
Cash flow analysis
WC047 Bitou - Table C7 Monthly Budget Statement - Cash Flow - Q4 Fourth Quarter 2018/19 Budget Year 2019/20 Description Audited Original Adjusted Monthly YearTD YearTD YTD YTD Full Year Outcome Budget Budget actual actual budget variance variance Forecast R thousands % CASH FLOW FROM OPERATING ACTIVITIES Receipts Property rates 120 979 (9 476) 126 837 12 537 106 630 126 824 (20 193) -16% 106 630 Service charges 161 470 (211 946) 181 133 35 737 303 952 181 106 122 846 68% 303 952 Other revenue 156 509 212 861 201 585 1 979 16 836 201 555 (184 719) -92% 16 836 Government - operating 92 803 (67 672) 40 109 (539) 134 154 40 209 93 946 234% 134 154 Government - capital – (2 702) – – 19 787 – 19 787 0% 19 787 Interest 750 (10 494) – 3 287 25 663 – 25 663 0% 25 663 Dividends – – – – – – Payments Suppliers and employees (506 699) (554 237) (529 018) (37 523) (481 196) (529 048) (47 853) 9% (481 196) Finance charges (18 417) (14 798) (15 130) (6 545) (14 825) (15 130) (305) 2% (14 825) Transfers and Grants (6 645) (6 750) (5 515) (64) (5 248) (5 515) (267) 5% (5 248) NET CASH FROM/(USED) OPERATING ACTIVITIES 750 (665 213) – 8 869 105 754 – (105 754) 0% 105 754
CASH FLOWS FROM INVESTING ACTIVITIES Receipts Proceeds on disposal of PPE – – – – – – – – Decrease (Increase) in non-current debtors 7 – – – – – Decrease (increase) other non-current receivables 4 – – 4 4 – 4 0% 4 Decrease (increase) in non-current investments (750) – – (752) (752) – (752) 0% (752) Payments Capital assets (10 577) (84 766) (79 047) (30 002) (52 049) (79 047) (26 998) 34% (49 574) NET CASH FROM/(USED) INVESTING ACTIVITIES (11 316) (84 766) (79 047) (30 751) (52 797) (79 047) (26 250) 33% (50 322)
CASH FLOWS FROM FINANCING ACTIVITIES Receipts Short term loans – – – – – – – – Borrowing long term/refinancing – (11 640) – – – – – – Increase (decrease) in consumer deposits 358 – – 7 192 – 192 0% 192 Payments Repayment of borrowing (19 441) – – (8 630) (19 996) – 19 996 0% (19 996) NET CASH FROM/(USED) FINANCING ACTIVITIES (19 083) (11 640) – (8 623) (19 805) – 19 805 0% (19 805)
NET INCREASE/ (DECREASE) IN CASH HELD (29 648) (761 619) (79 047) (30 504) 33 153 (79 047) 35 627 Cash/cash equivalents at beginning: – – 360 357 90 089 360 357 90 089 Cash/cash equivalents at month/year end: (29 648) (761 619) 281 310 1 23 242 281 310 125 717 The municipality is reporting R 8.8 million net cash from operating activities meaning that the money received was more than what was spent and on year to date net cash from operating activities amounts to R105.7 million. Net cash (used) investing activities is influenced by payments relating to capital spending and change in the non-current investments. The total for the current amounts to R30.7 million and on year to date actual R52.7 million. The financing activities are mostly influenced by the repayment of the loans and the interest, which amount to R8.6 million and on year to date R19.8 million The municipality reports an increase in net Cash and cash equivalents of R90.089 million at the beginning and on year end actual it amount R123.2 million.
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Section 5 – Debtors' analysis
5.1 Supporting Table SC3
WC047 Bitou - Supporting Table SC3 Monthly Budget Statement - aged debtors - Q4 Fourth Quarter Description Budget Year 2019/20 Actual Impairme Bad nt - Bad Total Debts 31-60 61-90 91-120 121-150 151-180 181 Dys-1 Debts 0-30 Days Over 1Yr Total over 90 Written Days Days Days Dys Dys Yr i.t.o days Off Council against Policy R thousands Debtors Debtors Age Analysis By Income Source Trade and Other Receivables from Exchange Transactions - Water5 776 3 145 2 865 3 055 77 637 – – – 9280 478691 532 – Trade and Other Receivables from Exchange Transactions - Electricity9 238 2 281 1 607 1 339 12 910 – – – 2714 375249 61 – Receivables from Non-exchange Transactions - Property Rates 72 676520 1 938 1 558 34 463 – – – 4836 154020 37 – Receivables from Exchange Transactions - Waste Water Management3 558 1 952 1 848 1 767 47 972 – – – 5749 097739 589 – Receivables from Exchange Transactions - Waste Management 63 114319 3 157 3 020 67 902 – – – 8370 512922 333 – Receivables from Exchange Transactions - Property Rental Debtors – – – – – – – – – – – – Interest on Arrear Debtor Accounts – – – – – – – – – – – – Recoverable unauthorised, irregular, fruitless and wasteful expenditure – – – – – – – – – – – – Other 189 50 50 716 410 – – –6 771 6 482 1 – Total By Income Source 3213 552267 11 466 10 810 247 294 – – – 315258 388 103 1 552 – 2018/19 - totals only – – Debtors Age Analysis By Customer Group Organs of State 304 227 174 158 97 – – – 960 255 – – Commercial 2 740 947 737 4403 716 – – –8 580 4 156 – – Households 2912 508092 10 555 10 212 243 481 – – – 305253 848 693 – – Other – – – – – – – – – – – – Total By Customer Group 3213 552267 11 466 10 810 247 294 – – – 315258 388 103 1 552 –
The debtors’ book of the municipality reflects R315.3 million outstanding debtors older than 121 days. The contributors to this huge debts still remain the household debt which represents 96.9 % of the total debt, followed by Business which amounts to 3% of the total debt and Organs of State contributing 0.03 % total debt. The actual write off against debtors account amounts to R1.5 million The collection rate as at 30 June 2020 has increased to 84% since operations in the revenue services resumed under lockdown level 3
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Section 6 – Creditors' age analysis
6.1 Supporting Table SC4 Table SC4 reflects the trade creditors, WC047 Bitou - Supporting Table SC4 Monthly Budget Statement - aged creditors - Q4 Fourth Quarter Budget Year 2019/20 Description 0 - 31 - 61 - 91 - 121 - 151 - 181 Days - Over 1 Total R thousands 30 Days 60 Days 90 Days 120 Days 150 Days 180 Days 1 Year Year Creditors Age Analysis By Customer Type Bulk Electricity – – – – – – – – – Bulk Water – – – – – – – – – PAYE deductions – – – – – – – – – VAT (output less input) – – – – – – – – – Pensions / Retirement deductions – – – – – – – – – Loan repayments – – – – – – – – – Trade Creditors 15 341 1 198 87 937 8 – 79 – 17 649 Auditor General – – – – – – – – – Other – – – – – – – – – Total By Customer Type 15 341 1 198 87 937 8 – 79 – 17 649
The municipality reports an amount of R15.3 million trade creditors which are 30 days old, and R2.3 million creditors older than 30 days as at 30 June 2020. Total age creditor’s amounts to R17.6 million.
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Section 7 – Investment portfolio analysis
7.1 Supporting Table SC5
WC047 Bitou - Supporting Table SC5 Monthly Budget Statement - investment portfolio - Q4 Fourth Quarter Investments by maturity Type of Expiry date of Accrued Yield for the Market Change Market Period of Name of institution & investment Investment investment interest month 1 value at in market value at Investment ID for the (%) beginnin value end of the R thousands Yrs/Months month g of the month Municipality Standard Bank: 48-860-7000-057 Call deposit Call deposit Call deposit 31 0,290000008 10 626 31 10 657 Standard Bank: 48-860-7000-061 Call deposit Call deposit Call deposit 30 0,289999983 10 304 30 10 334 Standard Bank: 48-860-7000-063 30 days Fixed deposit 15/06/2020 135 -100,451507 30 000 (30 135) (0) Investec: 1100443838501 Call deposit Call deposit Call deposit 34 0,295890437 11 396 34 11 430 Investec: 1100443838500 Call deposit Call deposit Call deposit 31 0,295890392 10 621 31 10 652 Nedbank: 03/7881052406/000075 Long term Fixed deposit 30/12/2022 752 9,894440068 7 603 752 8 355 Nedbank:03/7881052406/000094 120 days Fixed deposit 23/06/2020 729 -102,430575 30 000 (30 729) (0) Nedbank:03/7881052406/000095 30 days Fixed deposit 12/06/2020 123 -100,409562 30 000 (30 123) 0
Municipality sub-total 1 866 140(90 109)550 51 428
Entities
Entities sub-total – – – –
TOTAL INVESTMENTS AND INTEREST 1 866 140(90 109)550 51 428
Investment portfolio analysis As can be seen on the above table, the market value of investments has decreased from R140.5 million to R51.4 due to two fixed deposit withdrawal amounting to R.90.9 million that has reached its maturity Interest accrued amounts to R1.8 million
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Municipal manager’s quality certification Municipal manager's quality certification An in-year report must be covered by a quality certificate in the format described below:
QUALITY CERTIFICATE
I, Advocate Lonwabo Ngoqo, the Municipal Manager of Bitou Local Municipality, hereby certify that - (mark as appropriate)
The monthly budget statement X Quarterly report on the implementation of the budget and financial state of affairs of the municipality Mid-year budget and performance assessment for the quarter ending 30 June 2020 has been prepared in accordance with the Municipal Finance Management Act and regulations made under that Act.
Signature ______
Print Name: Adv. Lonwabo Ngoqo Municipal Manager of Bitou Local Municipality – WC047
Date ______
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156 Section 2: Finance
ITEM C/2/189/08/20
REPORT ON THE IMPLEMENTATION OF THE SUPPLY CHAIN MANAGEMENT POLICY FOR THE QUARTER 01 APRIL TO 30 JUNE 2020
Directorate: Finance Demarcation: All Wards Portfolio Comm: Finance & Engineering Delegation: Council
File Ref: 8/1/5/5/2
Attachments: Annexure A: Comparative Tender Opening Schedule Annexure B: Schedule of Procurement Process Timeline Annexure C: Tender Awards Annexure D: Potential Irregular Expenditure Incurred for the period 01 April to 30 June 2020
Report from: Director: Financial Services
Author: acting Manager: Supply Chain Management
Date: 20 July 2020
Purpose of the report Report on the Implementation of the Supply Chain Management Policy, for the 4th Quarter, 01 ARPIL TO 30 JUNE 2020 of the 2019/20 financial year.
Background The Local Government: Municipal Finance Management Act, No 56 of 2003, requires the Municipality to have and implement a Supply Chain Management Policy, which gives effect to the provisions of Part 1 of Chapter 11 of the Act that deals with ‘Supply Chain Management’. On May 30, 2005 the Municipal Supply Chain Management Regulations were promulgated. Council, on December 14, 2005 at a legally constituted Council meeting approved the Bitou Municipality Supply Chain Management Policy in terms of these Regulations. The SCM Policy have been reviewed regularly with the last review approved on 31 May 2019. Section 117 of the MFMA prohibits a Councillor from being a member of a bid committee or any other committee evaluating or approving quotations or tenders. The SCM Policy requires per Section 6 that Council have an oversight role to ensure that the Accounting Officer implements all supply chain management activities in accordance with the SCM Regulations and the Bitou Local Municipality Supply Chain Management Policy (SCM Policy). Section 6(3) of the SCM Policy requires that the Accounting Officer submit a quarterly report on the implementation of the Supply Chain Management Policy to the Executive Mayor. Irregular expenditure is defined in section 1 of the MFMA as follows: 157 Section 2: Finance
“Irregular expenditure”, in relation to a municipality or municipal entity, means— (a) Expenditure incurred by a municipality or municipal entity in contravention of, or that is not in accordance with, a requirement of this Act, and which has not been condoned in terms of section 170; (b) Expenditure incurred by a municipality or municipal entity in contravention of, or that is not in accordance with, a requirement of the Municipal Systems Act, and which has not been condoned in terms of that Act; (c) Expenditure incurred by a municipality in contravention of, or that is not in accordance with, a requirement of the Public Office-Bearers Act, 1998 (Act No. 20 of 1998); or (d) expenditure incurred by a municipality or municipal entity in contravention of, or that is not in accordance with, a requirement of the supply chain management policy of the municipality or entity or any of the municipality’s by-laws giving effect to such policy, and which has not been condoned in terms of such policy or by-law, but excludes expenditure by a municipality which falls within the definition of “unauthorised expenditure”. The report contains information about operational activities within the Supply Chain Management Division and includes references of Tenders and Formal Written Price Quotations Awarded, as well as Deviations from the SCM Policy, considered and approved by the delegated officials for the 1st Quarter of the 2019/20 financial year. The report also contains information about Potential Irregular Expenditure as identified, for the period 01 July till 30 September 2019.
Tenders Awarded: Competitive Bidding for all Contracts valued more than R 200 000 The competitive bidding process and bid committee structures are functioning effectively. The Bid Committees are composed of the following members: # Committee Composition & Function The appointed chairperson, the project manager and a Senior Bid Specification 1. SCM Practitioner- Considers tender specifications and Committee- BSC approve or recommend for approval to the relevant Director.
The project manager, a Senior SCM Practitioner and any Bid Evaluation 2. other Manager- Considers tender evaluation reports and Committee- BEC makes recommendations to the BAC
At least 3 Directors and a Senior SCM Practitioner, with the CFO as Chairperson. (Not the same SCM Practitioner as Bid Adjudication 3. BEC)- Considers recommendations from the BEC and make Committee- BAC awards or recommend to the MM to award if R 10 million and more.
Members of the bid committees are required to declare to undertake the following: That all information, documentation and decisions regarding any matter before the committee is confidential and undertakes not to make known anything in this regard; To treat all service providers and potential service providers equitably and will not purposefully favour or prejudice anybody; and 158 Section 2: Finance
To make known details of any private or business interest he or she or any close family member, partner or associate may have in any proposed procurement or disposal of, or in any award or contract that they will immediately withdraw from participating in any matter whatsoever. The members of the Bid Committees have duly undertaken to uphold the confidentiality, to be fair in all dealings and to declare their personal interests, if any. None of the members had conflicts of interest to declare.
Tender Awards The tender awards made for the reporting period are valued at approximately R 39 252 737.40 *(Incl. VAT) for 13 Tenders awarded by duly delegated Bid Adjudication Committees or the Accounting Officer for tenders valued in excess of R 200 000.
TENDERS AWARDED DURING THE 2018/19 FINANCIAL YEAR FOR THE PERIOD 01 APRIL TO 30 JUNE 2020 – 4th QUARTER
T0TAL B-BBEE PROJECT DATE OF ESTIMATED # TENDER NUMBER DESCRIPTION AWARDED TO STATUS MANAGER AWARD AMOUNT LEVEL (Including VAT)
Electrification of MDL Low Cost Housing- Engineering SCM/2020/29/ENG Electrification of Cupido J. 21/04/2020 Company (Pty) 2 R 1,443,785.56 Minnaar ERF 9834 Ltd t/a MDL 1 TRA Electrical Construction of MV Electrical AM Engineering Engineering SCM/2020/30/ENG Cupido J. 21/04/2020 1 R 4,667,855.75 Reticulation Works Consulting for New Horizons (Pty)Ltd 2 Switching Station Supply, Delivery and Installation of New Library Book Detection Systems Specialised Scan Including SCM/2020/33/COMM Twani T. 21/04/2020 Solutions (Pty) 0 R 165,435.55 Accessories and Ltd Maintenance for Kwanokuthula Library Ending 30 3 June 2022 Provision of Library Detection Specialised Scan System Services & SCM/2020/34/COMM Twani T. 21/04/2020 Solutions (Pty) 0 R 35,808.13 Maintenance Ltd Agreement ending 4 30 June 2022
Supply & Delivery JOAT Sales and of Water SCM/2020/44/FIN Mapuma Z. 21/05/2020 Services (Pty) 1 R 999,999.99 Reticulation Ltd Materials 5 Last Samurai Supply & Delivery Property of Water SCM/2020/44/FIN Mapuma Z. 21/05/2020 Holdings 2 CC 1 R 954,500.00 Reticulation t/a Ithuba Materials 5 Industries
159 Section 2: Finance
Supply & Delivery Take Note of Water Trading 245 CC SCM/2020/44/FIN Mapuma Z. 21/05/2020 1 R 954,500.00 Reticulation t/a Universal Materials Trading 5
Supply & Delivery NRB Piping of Water SCM/2020/44/FIN Mapuma Z. 21/05/2020 Systems (Pty) 1 R 954,500.00 Reticulation Ltd Materials 5
Supply & Delivery Khusela of Water SCM/2020/44/FIN Mapuma Z. 21/05/2020 Amanzi (Pty) 0 R 954,500.00 Reticulation Ltd Materials 5
Supply & Delivery of Water Nolada 8 (Pty) SCM/2020/44/FIN Mapuma Z. 21/05/2020 1 R 954,500.00 Reticulation Ltd Materials 5
Supply & Delivery Incledon (Pty) of Water SCM/2020/44/FIN Mapuma Z. 21/05/2020 Ltd trading as 0 R 954,500.00 Reticulation DPI Materials 5
Supply & Delivery King Pin of Water SCM/2020/44/FIN Mapuma Z. 21/05/2020 Suppliers (Pty) 4 R 954,500.00 Reticulation Ltd Materials 5
Supply & Delivery PNB Civils and of Water SCM/2020/44/FIN Mapuma Z. 21/05/2020 Safety (Pty) Ltd 1 R 954,500.00 Reticulation t/a PNB Civils Materials 5 Seaview Supply & Delivery Plumbing of Water Supplies CC t/a SCM/2020/44/FIN Mapuma Z. 21/05/2020 4 R 954,500.00 Reticulation Vision Materials Plumbing and 5 Supplies Supply & Implementation of a Power Remote Automated Measurement Meter Reading and SCM/2020/47/ENG System with Meter Cupido J. 21/05/2020 0 R 559,499.15 Distribution Audits & Bulk (Pty) Ltd Meter Installation
for a period ending 6 30 June 2022 Maintenance of Public Access Shekynah SCM/2020/48/COMM Basson J. 29/04/2020 1 R 110,500.00 Areas: Grass Projects CC Cutting - Airport 7 Maintenance of Public Access Areas: Grass Nolusindiso Cutting And Sopapaza t/a SCM/2020/48/COMM Basson J. 29/04/2020 1 R 126,150.00 Clearing of Illegal Sindis's Dumpsites - Supplies 8 Bossiesgif & Industrial Area Maintenance of Public Access Zwelinzima Areas: Grass William Sam t/a SCM/2020/48/COMM Cutting And Basson J. 21/05/2020 1 R 101,330.00 Sams Clearing of Illegal Maintenance Dumpsites - Green 8 Valley & Wittedrift 160 Section 2: Finance
Maintenance of Public Access Areas: Grass Welamaza SCM/2020/48/COMM Cutting And Basson J. 29/04/2020 Travels (Pty) 1 R 103,000.00 Clearing of Illegal Ltd Dumpsites - 8 Harkerville Maintenance of Public Access Areas: Grass Shekynah SCM/2020/48/COMM Cutting And Basson J. 29/04/2020 1 R 290,942.00 Projects CC Clearing of Illegal Dumpsites - 8 Kranshoek Block 1 Maintenance of Public Access K2019409544 Areas: Grass (South Africa) SCM/2020/48/COMM Cutting And Basson J. 29/04/2020 (Pty) Ltd t/a 1 R 458,262.50 Clearing of Illegal Ikuthala Dumpsites - Trading 8 Kranshoek Block 2 Maintenance of Recardo Cortje Public Access t/a RTC SCM/2020/48/COMM Areas: Grass Basson J. 29/04/2020 1 R 260,010.00 Carpentry and Cutting - Maintenance 8 Kranshoek Block 3 Maintenance of Public Access Eightson SCM/2020/48/COMM Areas: Clearing of Basson J. 29/04/2020 Investments 0 R 132,000.00 Illegal Dumpsites - (Pty) Ltd 8 Kranshoek Block 3 Maintenance of Public Access SR Contractors SCM/2020/48/COMM Areas: Grass Basson J. 29/04/2020 1 R 54,966.40 (Pty) Ltd Cutting - Kurland 8 Block 1 Maintenance of Public Access Lungiswa SCM/2020/48/COMM Areas: Clearing of Basson J. 29/04/2020 Sweetness 1 R 60,000.00 Illegal Dumpsites - Gcora 8 Kurland Block 1 Maintenance of Public Access Areas: Grass Lizz's Tours SCM/2020/48/COMM Cutting And Basson J. 29/04/2020 1 R 335,891.00 (Pty) Ltd Clearing of Illegal Dumpsites - 8 Kurland Block 2 Maintenance of Public Access Potwana for Areas: Grass Siyo General SCM/2020/48/COMM Basson J. 29/04/2020 1 R 154,032.00 Cutting - Trading (Pty) Kwanokuthula Ltd 8 Phase 1 Maintenance of Public Access Tshangana S Areas: Clearing of Emergency SCM/2020/48/COMM Basson J. 29/04/2020 1 R 135,000.00 Illegal Dumpsites - Trading (Pty) Kwanokuthula Ltd 8 Phase 1 Maintenance of Public Access Areas: Grass Cutting And Zamani Con SCM/2020/48/COMM Basson J. 29/04/2020 1 R 189,092.00 Clearing of Illegal (Pty) Ltd Dumpsites - Kwanokuthula 8 Phase 2
161 Section 2: Finance
Maintenance of Public Access Areas: Grass Bolekwa Cutting And Ngqekeza t/a SCM/2020/48/COMM Basson J. 29/05/2020 1 R 213,967.50 Clearing of Illegal Avile General Dumpsites - Trading Kwanokuthula 8 Phase 3 Maintenance of Public Access Areas: Grass Akhanani and Cutting And Anhe SCM/2020/48/COMM Basson J. 29/04/2020 1 R 383,958.90 Clearing of Illegal Construction Dumpsites - (Pty) Ltd Kwanokuthula 8 Phase 4 Maintenance of Rodwell Dewald Public Access Andrews t/a RS SCM/2020/48/COMM Areas: Grass Basson J. 29/04/2020 1 R 181,100.50 & S Cutting - New Construction 8 Horizon Block 1 Maintenance of Public Access Areas: Grass Furicom (Pty) SCM/2020/48/COMM Cutting And Basson J. 29/04/2020 1 R 330,888.50 Ltd Clearing of Illegal Dumpsites - New 8 Horizon Block 2 Maintenance of Public Access Areas: Grass Khollie and Cutting And Sons SCM/2020/48/COMM Basson J. 29/04/2020 1 R 157,790.00 Clearing of Illegal Enterprises Dumpsites - (Pty) Ltd Qolweni & 8 Pinetrees Maintenance of Public Access Areas: Grass Mabala Trading SCM/2020/48/COMM Cutting And Basson J. 29/04/2020 Enterprise (Pty) 1 R 1,093,290.00 Clearing of Illegal Ltd Dumpsites - 8 Town/CBD
Provision of Ecovision SCM/2020/50/CORP Laptops & Gresse G. 17/04/2020 1 R 1,448,484.63 Computing CC Desktops 9 Actom Supply And Electrical Delivery of SCM/2020/51/CORP Cupido J. 21/04/2020 Products a 1 R 31,970.00 Electrical Meters: division of Item 13-Test Blocks 9 Actom (Pty) Ltd Supply And Delivery of Electrical Meters: Items 1- Single Phase Split Meters Conlog (Pty) SCM/2020/51/CORP Cupido J. 21/04/2020 2 R 847,301.60 BS PLC; 4 - Single Ltd Phase Split Meters Din Rail RF; 6- Three Phase Split 9 Meters BS RF Supply And Delivery of Electrical Meters: Items 3- Single Ontec Systems SCM/2020/51/CORP Phase Split Meters Cupido J. 21/04/2020 1 R 4,471,591.00 (Pty) Ltd BS. RF; 8- Direct Connect KVA Bulk Meters – Single 9 Phase; 9- Direct 162 Section 2: Finance
Connect KVA Bulk Meters – Three Phase; 10- CT Connect KVA Bulk Meters – Three Phase; 11- CT/VT Connect KVA Bulk Meters – 3/4 Wire; 12-Cluster Meters Supply And Delivery of Electrical Meters: Items 2 Single Phase Split Meters Din Rail PLC ; 5- Three Phase Split Meters BS PLC; 7- Landis and Gyr SCM/2020/51/CORP Cupido J. 21/04/2020 0 R 8,079,440.00 Smart Meter, (Pty) Ltd prepaid; 9.3- Maximum Demand Direct Connect, 160Amp; 15- Equipment Specific to existing 9 infrastructure Upgrading of Kurland and New Ezamaqhinebe SCM/2020/64/COMM Maki F. 29/05/2020 1 R 2,135,362.55 Horizons Sport CC Facilities – Phase 3 10
Dynamic R Supply & Delivery SCM/2020/66/FIN Mapuma Z. 29/04/2020 Consultants 1 R 177,000.00 of Tissue Paper (Pty) Ltd 11 Supply & Delivery of Multi-Functional Ithunam Office Paper: SCM/2020/67/FIN Mapuma Z. 29/05/2020 Holdings (Pty) 1 R 323,920.00 Section 1:Multi- Ltd Functional Office 12 Paper- White 12 SCM/2020/67/FIN Supply & Delivery of Multi-Functional Ithunam Office Paper: Mapuma Z. 29/05/2020 Holdings (Pty) 1 R 23,808.00 Section 3: Eye Line Ltd Paper 12 SCM/2020/67/FIN Supply & Delivery Mapuma Z 1 R 68,704.20 of Multi-Functional Office Paper: Esizwe Group 29/05/2020 Section 2: Printing CC / Copy Paper- Pastel Colours- A4
Supply and Southern Cape 13 SCM/2020/70/COMM Delivery of 14 Skip Baartman D. 26/06/2020 Plant Hire (Pty) 2 R 310,100.00 Bins Ltd
R 39 252 737.40 We also report in terms of all contracts awarded as follows: B-BBEE compliant enterprises Enterprises within the Bitou Municipality Area B-BBEE Enterprises within the Bitou Municipality Area The schedule compares the results with that of the previous financial year as well as the year- to-date, as follows:
163 Section 2: Finance
4th Quarter 4th Quarter # Description 2019/20 2018/19 1. Tenders Awarded 13 14 Contracts concluded resulting from the tenders. 2. (Individual suppliers or service providers appointed as 45 13 a result of the tenders awarded) R 39 252 737.40 R 14 451 621.33 3. Estimated Value of Tenders Awarded
4. Number of Appeals Received 0 0 5. Number of Appeals in Progress 0 0 6. Number of successful appeals 0 0
7. Number of Contracts Awarded to B-BBEE Enterprises 38 9
8. Value of Contracts Awarded to B-BBEE Enterprises R 30 840 053.73 R 11 235 153.25
9. % of Contracts Awarded to B-BBEE Enterprises 78.57% 77.74%
Number of Contracts Awarded to Enterprises based in 10. 23 0 the Bitou Municipality Area
Value of Contracts Awarded to Enterprises based in 11. R 7 533 361.85 R0.00 the Bitou Municipality Area
% of Contracts Awarded to Enterprises based in the 12. 19.19% 0% Bitou Municipality Area vs All Contracts
Number of Contracts Awarded to B-BBEE Enterprises 13. 23 0 based in the Bitou Municipality Area
14. Value of Contracts Awarded to B-BBEE Enterprises R 7 533 361.85 R0.00
% of Contracts Awarded to B-BBEE Enterprises 15. 19.19% 0% based in the Bitou Municipality Area vs All Contracts
16. Sub-Contracts to Local SMME’s R 0.00 R 1 168 064.78.00
% of Contracts & Sub-Contracts Awarded to Local 17. 0% 30% SMME’s vs All Contracts
All tenders are opened in public and the results of the opening are recorded in a Bid Opening Register and placed on the Municipal Website. A schedule attached as Annexure B, details
164 Section 2: Finance
the tenders opened and awarded versus the unsuccessful competitive bids as per additional Council oversight request.
Procurement Process Timeline SCM Performance is also measured in the turn-around time for a procurement process. This can be either a target of 30 days for a regular tender process with a 14-day advertisement period or 45 days for a tender advertised for 30 days. A schedule is attached as Annexure A indicating the timelines for a full procurement cycle underlying each tender award, in terms of the following criteria:
Average Average Average Description of Average Average Calendar Calendar Calendar Measurement Calendar Calendar # Days- Days- Days- Criteria per Days- Days- 2019/20- 2019/20- 2019/20 Tender 2019/20- Q3 2018/19 Q4 Q2 Q1 Average Calendar Days from Bid Specification Committee (BSC) to 1. 165 119 159 251 Bid Adjudication 200 Committee (BAC)- Full Procurement Cycle Average Calendar Days from Tender 125 2. 136 101 134 163 Advertisement Date to BAC Average Calendar Days from Tender 3. 119 84 120 137 Closing Date to 100 BAC Average Calendar Days from Tender
4. Closing Date to 104 47 115 90 120 BEC- Tender Evaluation Tender with Fastest Procurement 5. 78 86 47 47 Process: BSC to 22 BAC Tender with Longest Procurement 6. 211 196 199 199 Process: BSC to 530 BAC
165 Section 2: Finance
Formal Written Price Quotations for R 30 000 up to R 200 000 The procurement of Formal Written Price Quotations have been streamlined by obviating the need for Bid Specification and Evaluation Committees before a Director could make an award. This change was made in order to improve the turnaround time for procurement. Sixteen (16) RFQ’s were awarded by Directors in terms of their delegated authority for a total value of R 1 456 300.29 as follows:
REQUESTS FOR QUOTATIONS AWARDED DURING THE 2019/20 FINANCIAL YEAR FOR THE PERIOD 01 APRIL TO 30 JUNE 2020- 4th QUARTER
T0TAL B-BBEE PROJECT ESTIMATED RFQ NUMBER DESCRIPTION AWARDED TO STATUS MANAGER AMOUNT LEVEL (Including VAT)
Supply & Delivery of SCM/RFQ/2020/063/ENG Laboratory Reagents and E. de Waal SAINS Agencies 0 R 61,807.54 pH Electrodes
Annual Analysis of A.L. Abbott & Drinking Water and SCM/RFQ/2020/065/ENG E. de Waal Associates (Pty) 0 R 21,180.00 Effluent Wastewater Ltd Quality
Provision of CT LAB CT LAB (Pty) SCM/RFQ/2020/091/ENG M. Kwampa 0 R 52,164.00 Service Ltd
Provision of Imex Biz (Pty) SCM/RFQ/2020/092/COMM A Swanepoel 0 R 197,000.00 Decontamination Services Ltd
Provision of Org Plus LRMG (Pty) SCM/RFQ/2020/073/COMM 0 R 143,795.43 Support and Services Ltd Gresse G
Supply & Delivery of At Zero One SCM/RFQ/2020/066/ENG R.Tarentaal 0 R 143,870.00 Various Tools (Pty) Ltd
Supply & Delivery of RICS Flo Specialized SCM/RFQ/2020/093/ENG 3 Series Boot Kits and Cupido J Product 0 R 161,155.03 24KV Termination Kits Solutions CC
Flo Specialized Supply and Delivery of SCM/RFQ/2020/094/ENG Cupido J Product 0 R 122,184.00 Multi Meters Solutions CC
Supply and delivery of: Arc Memotek SCM/RFQ/2020/095/ENG Flash switching Protective Cupido J 1 R 154,494.45 Trading cc Gear
Voltex (Pty) Ltd Supply & Delivery of SCM/RFQ/2020/097/ENG Cupido J t/a Voltex 0 R 26,002.81 Phasing and Link Sticks Knysna
Supply & Delivery of Memotek SCM/RFQ/2020/097/ENG Cupido J 1 R 11,643.52 Phasing and Link Sticks Trading cc
166 Section 2: Finance
Circular Office Supplies & Supply & Delivery of SCM/RFQ/2020/026/ENG Koeberg C. Printers t/a 0 R 48 179.25 Office Furniture Valmac National Office Development of an implementation plan and SCM/RFQ/2020/054/EDP Jacobs L. AS O’ Connell 0 R 116 850.00 budget to implement the History Festival
Supply & Delivery of N&Z SCM/RFQ/2020/055/ENG Samuels F. 0 R 13 685.00 GPRS Loggers Instrumentation
Supply & Delivery of N&Z SCM/RFQ/2020/056/ENG Electromagnetic Flow Samuels F. 0 R 155 468.50 Instrumentation Meters
Furicom Supply & Delivery of Bulk- Cunningham SCM/RFQ/2020/057/CORP Business 1 R 75 000.00 Filer V. Concepts
R 1 456 300.29
The average time for processing was 47.06 days, which has lowered compared to quarter 1 (33 Days), quarter 2 (51 Days) and quarter 3 (41 days). The target is 10 days. Some delays have been experienced in the SCM Office with the drafting of evaluation reports after the closing and opening of RFQ’s. However, the confirmation of technical evaluations and the recommendation to award by the project manager to the responsible Director is taking longer than expected.
Deviations from the SCM Policy Section 36(1) of Council’s Supply Chain Management Policy allows the Accounting Officer to dispense with the official procurement processes under certain circumstances. During the 1st Quarter of the 2019/20 financial year, 1 deviations were considered and approved to the value of R 8 668.03 as follows.
DEVIATIONS APPROVED DURING THE 2019/2020 FINANCIAL YEAR FOR THE PERIOD 01 JULY TO 30 SEPTEMBER 2020- 4th QUARTER DATE SUPPLIER/SE PROJECT REASON FOR MOTIVATION FOR # APPROVE RVICE AMOUNT MANAGER DEVIATION DEVIATION D PROVIDER In term of Occupational health requirements and more specifically Groenewald G. Emergency the Health and Safety of officials, it R 8 668.03 37 29.06.2019 Imex Biz was a necessity to decontaminate (Pty) Ltd the operational space at Bitou Municipality Main Offices. TOTAL R 8 688.03
Deviations were approved in the following categories provided for in terms of Section 36(1) of the SCM Policy versus total deviations processed for the 2018/19 financial year:
167 Section 2: Finance
Section from SCM Categories Value (R) of Deviations Approved Policy Q4: 2019/20 Q4: 2018/19 In an emergency which is considered an unforeseeable and sudden event with materially harmful or potentially 36(1)(a)(i) R 8 668.03 R 425 623 materially harmful consequences for the municipality which requires urgent action to address Where it can be demonstrated that goods 36(1)(a)(ii) or services are produced or available R 0 R 18 000 from a single provider only Exceptional case and it is impractical or 36(1)(a)(v) impossible to follow the official R 0 R 201 415.68 procurement processes Total R 8 668.03 R 645 038.68
The applications for deviations are monitored continuously in an attempt to reduce the incidents and competitive bidding processes are instituted immediately upon identification of recurring deviations, wherever possible.
Financial Implication Financial implications are inherent in this financial report.
Executive Summary Section 6(3) of the Bitou Supply Chain Management Policy (SCM Policy) requires that the Accounting Officer submit a quarterly report on the implementation of the Policy to the Executive Mayor. This report contains performance information on Tenders and Formal Written Quotations Awarded, as well as Deviations from the SCM Policy, considered and approved by the delegated officials, for the 4th Quarter, 01 April to 30 June 2020, of the 2019/20 financial year. This report also contains a record of Potential Irregular Expenditure as identified, for the period, 01 April to 30 June 2020, of the 2019/20 financial year.
Relevant Legislation Local Government: Municipal Finance Management Act 2003, (Act 56 of 2003) Local Government: Municipal Finance Management Act 2003, (Act 56 of 2003): Municipal Supply Chain Management Regulations Bitou Municipality Supply Chain Management & Preferential Procurement Policies
168 Section 2: Finance
RECOMMENDED BY THE MUNICIPAL MANAGER
1. That Council notes the Supply Chain Management Implementation Report for the 4th Quarter, 01 April to 30 June 2020, of the 2018/19 financial year in terms of Section 6(3) of the SCM Policy.
2. That Council recommends the Potential Irregular Expenditure for the period 01 April to 30 June 2020, to the Municipal Accounts Committee (MPAC) for further investigation and appropriate action.
RECOMMENDED BY THE EXECUTIVE MAYOR
1. That Council notes the Supply Chain Management Implementation Report for the 4th Quarter, 01 April to 30 June 2020, of the 2018/19 financial year in terms of Section 6(3) of the SCM Policy.
2. That Council recommends the Potential Irregular Expenditure for the period 01 April to 30 June 2020, to the Municipal Accounts Committee (MPAC) for further investigation and appropriate action.
169 Annexure "A"
Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Scored less than the Highest Preferential Procurement VE Reticulation 1 R 1,509,273.80 Point scoring bidder
Scored less than the Highest Preferential Procurement AM Engineering Consulting 1 R 1,899,209.94 Point scoring bidder
Did not achieve the minimum score on the pre-qualification Izazi Technologies CC 2 R 1,391,650.11 criteria.
Construction of MV Electrical Engineering Reticulation Works for New Horizons 2 SCM/2020/30/ENG AM Engineering Consulting (Pty)Ltd 1 R 4,667,855.75 Highest Preferential Procurement Points Switching Station
Scored less than the Highest Preferential Procurement VE Reticulation (Pty)Ltd 1 R 4,880,029.60 Point scoring bidder
Scored less than the Highest Preferential Procurement Ampcor Khanyisa (Pty)Ltd 1 R 8,104,554.67 Point scoring bidder
Tenderer did not achieve the required 70 points for MDL Engineering Company (Pty)Ltd 2 R 5,089,495.44 Quality/Functionality.
Zama Traffic Signals cc 1 R 6,543,881.92 Bidder submitted an incomplete bid submission
Supply, Delivery and Installation of New Library Book Detection Systems Including Highest Preferential Procurement Points. Estimated 3 SCM/2020/33/COMM Specialised Scan Solutions (Pty) Ltd 0 R 165,435.55 Accessories and Maintenance for Kwanokuthula Library Ending 30 June 2022 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement CSX Customer Services (Pty) Ltd 0 R 249,253.48 Point scoring bidder
Tagit Security (Pty) Ltd 0 R 167,302.00 Non-compliant tax status
Provision of Library Detection System Services & Maintenance Agreement ending 30 Highest Preferential Procurement Points. Estimated 4 SCM/2020/34/COMM Specialised Scan Solutions (Pty) Ltd 0 R 35,808.13 June 2022 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement CSX Customer Services (Pty) Ltd 0 R 55,315.00 Point scoring bidder
Tagit Security (Pty) Ltd 0 R 167,302.00 Non-compliant tax status
Highest Preferential Procurement Points. Estimated 5 SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials JOAT Sales and Services (Pty) Ltd 1 R 999,999.99 Value of Award-Unit Rates
Last Samurai Property Holdings 2 CC t/a Ithuba Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials 1 R 954,500.00 Industries Value of Award-Unit Rates
Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials Take Note Trading 245 CC t/a Universal Trading 1 R 954,500.00 Value of Award-Unit Rates
Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials NRB Piping Systems (Pty) Ltd 1 R 954,500.00 Value of Award-Unit Rates
Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials Khusela Amanzi (Pty) Ltd 0 R 954,500.00 Value of Award-Unit Rates
Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials Nolada 8 (Pty) Ltd 1 R 954,500.00 Value of Award-Unit Rates
Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials Incledon (Pty) Ltd trading as DPI 0 R 954,500.00 Value of Award-Unit Rates
Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials King Pin Suppliers (Pty) Ltd 4 R 954,500.00 Value of Award-Unit Rates
170 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials PNB Civils and Safety (Pty) Ltd t/a PNB Civils 1 R 954,500.00 Value of Award-Unit Rates
Seaview Plumbing Supplies CC t/a Vision Plumbing and Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials 4 R 954,500.00 Supplies Value of Award-Unit Rates
George Industrial Supplies (Pty) Ltd t/a H&L Industrial Scored less than the Highest Preferential Procurement Supplies Point scoring bidder
Scored less than the Highest Preferential Procurement Smart Water Services (Pty) Ltd Point scoring bidder
Bidder did not respond to the request to submit electronic KFC Pipes and Fittings (Pty) Ltd submission of the rate sheet as included as part of the bid rules.
Supply & Implementation of a Remote Automated Meter Reading System with Meter Highest Preferential Procurement Points. Estimated 6 SCM/2020/47/ENG Power Measurement and Distribution (Pty) Ltd 0 R 559,499.15 Audits & Bulk Meter Installation for a period ending 30 June 2022 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Motla South (Pty) Ltd 0 R 571,257.04 Point scoring bidder
Scored less than the Highest Preferential Procurement Landis and Gyr (Pty) Ltd 0 R 993,615.87 Point scoring bidder
Did not achieve the minimum score on the pre-qualification Nyamezela Metering (Pty) Ltd 0 R - criteria.
Did not achieve the minimum score on the pre-qualification Ontec Systems (Pty) Ltd 1 R - criteria.
7 SCM/2020/48/COMM Maintenance of Public Access Areas: Grass Cutting - Airport Shekynah Projects CC 1 R 110,500.00 Only bid received
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Nolusindiso Sopapaza t/a Sindis's Supplies 1 R 126,150.00 Bossiesgif & Industrial Area Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Gqukani Trading 1 R 352,350.00 Point scoring bidder
Scored less than the Highest Preferential Procurement FFN Project 1 R 294,000.00 Point scoring bidder
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Zwelinzima William Sam t/a Sams Maintenance 1 R 101,330.00 Green Valley & Wittedrift Value of Award-Unit Rates
Rates and taxes in arrears more than 90day. No Nigphiqui Construction 1 R - arrangement in place with Revenue Services.
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Welamaza Travels (Pty) Ltd 1 R 103,000.00 Harkerville Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Chris Manuel Maintenance 1 R 150,000.00 Point scoring bidder
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Shekynah Projects CC 1 R 290,942.00 Kranshoek Block 1 Value of Award-Unit Rates
Elmarie Links R - Bidder did not attend compulsory site meeting
Page 2 of 10 171 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - K2019409544 (South Africa) (Pty) Ltd t/a Ikuthala Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM 1 R 458,262.50 Kranshoek Block 2 Trading Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Urshula Cathrine Smith t/a UC Smith 1 R 526,685.00 Point scoring bidder
CS Dynamic R - Bidder did not attend compulsory site meeting
Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Maintenance of Public Access Areas: Grass Cutting - Kranshoek Block 3 Recardo Cortje t/a RTC Carpentry and Maintenance 1 R 260,010.00 Value of Award-Unit Rates
Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Maintenance of Public Access Areas: Clearing of Illegal Dumpsites - Kranshoek Block 3 Eightson Investments (Pty) Ltd 0 R 132,000.00 Value of Award-Unit Rates Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Maintenance of Public Access Areas: Grass Cutting - Kurland Block 1 SR Contractors (Pty) Ltd 1 R 54,966.40 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Lungiswa Gcona 1 R 60,119.50 Point scoring bidder
Scored less than the Highest Preferential Procurement Velisas Projects and Maintenance 1 R 77,296.50 Point scoring bidder
Scored less than the Highest Preferential Procurement Impumelelo Nose Trading 1 R 89,320.40 Point scoring bidder
Scored less than the Highest Preferential Procurement Siyamcela Projects 1 R 94,473.50 Point scoring bidder
Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Maintenance of Public Access Areas: Clearing of Illegal Dumpsites - Kurland Block 1 Lungiswa Sweetness Gcora 1 R 60,000.00 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Siyamcela Projects 1 R 75,000.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Impumelelo Nose Trading 1 R 108,750.00 Point scoring bidder
Scored less than the Highest Preferential Procurement SR Contractor 1 R 112,500.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Velisas Projects and Maintenance 1 R 120,000.00 Point scoring bidder
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - 7 SCM/2020/48/COMM Lizz's Tours (Pty) Ltd 1 R 335,891.00 Only bid received Kurland Block 2
Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Maintenance of Public Access Areas: Grass Cutting - Kwanokuthula Phase 1 Potwana for Siyo General Trading (Pty) Ltd 1 R 154,032.00 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Tshangana's Emergency Trading 1 R 182,913.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Kukokonke Trading 1 R 187,726.50 Point scoring bidder
Scored less than the Highest Preferential Procurement S'phethezona Trading 1 R 279,183.00 Point scoring bidder
Vuyo LeKhaya Trading Enterprise R - Rates and taxes in arrears more than 90day.
Maintenance of Public Access Areas: Clearing of Illegal Dumpsites - Kwanokuthula Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Tshangana S Emergency Trading (Pty) Ltd 1 R 135,000.00 Phase 1 Value of Award-Unit Rates
Page 3 of 10 172 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Scored less than the Highest Preferential Procurement Emawusheni Construction 1 R 148,500.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Potwana For Siyo General Trading 1 R 150,000.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Kukokonke Trading 1 R 150,000.00 Point scoring bidder
Scored less than the Highest Preferential Procurement S'phethezona Trading 1 R 180,000.00 Point scoring bidder
Vuyo LeKhaya Trading Enterprise R - Rates and taxes in arrears more than 90day.
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Zamani Con (Pty) Ltd 1 R 189,092.00 Kwanokuthula Phase 2 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Hash Tag 1 R 288,582.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Amazizodwa 1 R 17,057,250.00 Point scoring bidder
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Bolekwa Ngqekeza t/a Avile General Trading 1 R 213,967.50 Kwanokuthula Phase 3 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Avile General Trading 1 R 224,626.20 Point scoring bidder
Scored less than the Highest Preferential Procurement Dzula Development 0 R 236,467.50 Point scoring bidder
Scored less than the Highest Preferential Procurement Ngabangaba 1 R 292,371.90 Point scoring bidder
Scored less than the Highest Preferential Procurement Long Story Maintenance and Services 1 R 366,348.00 Point scoring bidder
Scored less than the Highest Preferential Procurement TGM Plumbing 1 R 18,814,800.00 Point scoring bidder
Elvis Construction R - Rates and taxes in arrears more than 90day.
Keabokomaso Construction Services R - Rates and taxes in arrears more than 90day.
Lithemba & Liphile R - Rates and taxes in arrears more than 90day.
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - 7 SCM/2020/48/COMM Akhanani and Anhe Construction (Pty) Ltd 1 R 383,958.90 Only bid received Kwanokuthula Phase 4
Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Maintenance of Public Access Areas: Grass Cutting - New Horizon Block 1 Rodwell Dewald Andrews t/a RS & S Construction 1 R 181,100.50 Value of Award-Unit Rates
Maintenance of Public Access Areas: Clearing of Illegal Dumpsites - New Horizon Block Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Thobelani Maqanda t/a LRV Sales and Services 1 R 114,000.00 1 Value of Award-Unit Rates
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Furicom (Pty) Ltd 1 R 330,888.50 New Horizon Block 2 Value of Award-Unit Rates
Page 4 of 10 173 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Scored less than the Highest Preferential Procurement AB Sass 0 R 365,808.50 Point scoring bidder
Bush Hogg 1 R - Non-compliant tax status
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Khollie and Sons Enterprises (Pty) Ltd 1 R 157,790.00 Qolweni & Pinetrees Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Mandisa General Trading 1 R 170,685.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Luphondo 1 R 202,027.50 Point scoring bidder
Scored less than the Highest Preferential Procurement Sidomela 1 R 226,475.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Sibongile Komeni 1 R 223,001.00 Point scoring bidder
S Ntetho Non-compliant tax status
Mvuyisi Non-compliant tax status
Mtutuzeli Non-compliant tax matters
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Mabala Trading Enterprise (Pty) Ltd 1 R 1,093,290.00 Town/CBD Value of Award-Unit Rates
Afezekiswa Mining and Construction CC 1 R - Rates and taxes in arrears for more than 90 days
8 SCM/2020/50/CORP Provision of Laptops & Desktops Ecovision Computing CC 1 R 1,448,484.63 Only responsive bid received
Tender document submitted is a copy and not original therefore may not be considered in terms of the submission CHM Vuwani Computer Solutions (Pty) Ltd R - rules, which guides that an original bid document be submitted in the tender box prior to tender closure.
Go Computer Cash and Carry CC R - Tax matters of the bidder is Non-Compliant.
Bidder failed the pre-qualification Zestirox (Pty) Ltd Nashua George R - requirement and may not be considered further.
Highest Preferential Procurement Points. Estimated 9 SCM/2020/51/CORP Supply And Delivery of Electrical Meters: Item 13-Test Blocks Actom Electrical Products a division of Actom (Pty) Ltd 1 R 31,970.00 Value of Award-Unit Rates
Supply And Delivery of Electrical Meters: Items 1- Single Phase Split Meters BS PLC; 4 - Highest Preferential Procurement Points. Estimated SCM/2020/51/CORP Conlog (Pty) Ltd 2 R 847,301.60 Single Phase Split Meters Din Rail RF; 6- Three Phase Split Meters BS RF Value of Award-Unit Rates
Supply And Delivery of Electrical Meters: Items 3- Single Phase Split Meters BS. RF; 8- Direct Connect KVA Bulk Meters – Single Phase; 9- Direct Connect KVA Bulk Meters – Highest Preferential Procurement Points. Estimated SCM/2020/51/CORP Ontec Systems (Pty) Ltd 1 R 4,471,591.00 Three Phase; 10- CT Connect KVA Bulk Meters – Three Phase; 11- CT/VT Connect KVA Value of Award-Unit Rates Bulk Meters – 3/4 Wire; 12-Cluster Meters
Supply And Delivery of Electrical Meters: Items 2 Single Phase Split Meters Din Rail PLC Highest Preferential Procurement Points. Estimated SCM/2020/51/CORP ; 5- Three Phase Split Meters BS PLC; 7- Smart Meter, prepaid; 9.3- Maximum Demand Landis and Gyr (Pty) Ltd 0 R 8,079,440.00 Value of Award-Unit Rates Direct Connect, 160Amp; 15- Equipment Specific to existing infrastructure
Maboneng Electrical Distributors (Pty) Ltd R - Rates and taxes are in arrears for more than 90 days.
Page 5 of 10 174 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Nyamezela Metering (Pty) Ltd R - Offers do not comply with technical specifications.
10 SCM/2020/64/COMM Upgrading of Kurland and New Horizons Sport Facilities – Phase 3 Ezamaqhinebe CC 1 R 2,135,362.55 Highest Preferential Procurement Points
Scored less than the Highest Preferential Procurement B&V Construction (Pty) Ltd 0 R 2,757,125.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Ikhono Techni 1 R 2,922,102.01 Point scoring bidder
Scored less than the Highest Preferential Procurement SC Housing 1 R 3,371,024.90 Point scoring bidder
Mapengo Civils (Pty) Ltd 1 R 1,091,749.68 Unrealistically low offer submitted
Tenderer did not achieve the required 70 points for Mashengo Building & Electrical Projects R - Quality/Functionality.
Tenderer did not achieve the required 70 points for Max 21st Century Projects & Investments Management R - Quality/Functionality.
Max 21st Century Projects & Investment Management JV Tenderer did not achieve the required 70 points for R - Awethu Construction Quality/Functionality.
Tenderer did not achieve the required 70 points for Autumn Skies Trading (Pty) Ltd R - Quality/Functionality.
Tenderer did not achieve the required 70 points for TXG JV Simba Investments R - Quality/Functionality.
Tenderer did not achieve the required 70 points for New Morning Construction R - Quality/Functionality.
Highest Preferential Procurement Points. Estimated 11 SCM/2020/66/FIN Supply & Delivery of Tissue Paper Dynamic R Consultants (Pty) Ltd 1 R 177,000.00 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Ottery Industrial Suppliers (Pty) Ltd 0 R 173,696.00 Point scoring bidder
Seaview Plumbing Supplies CC t/a Vision Plumbing and Scored less than the Highest Preferential Procurement 4 R 184,552.00 Supplies Point scoring bidder
Park Avenue Stationers (Garden Route) CC t/a Park Avenue Scored less than the Highest Preferential Procurement 0 R 202,877.40 Stationers Plett Point scoring bidder
Scored less than the Highest Preferential Procurement King Pin Suppliers (Pty) Ltd 0 R 203,550.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Geomar Services (Pty) Ltd 1 R 470,584.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Stelmed CC 1 R 192,576.00 Point scoring bidder
Scored less than the Highest Preferential Procurement TSCH International Holdings (Pty) Ltd 1 R 191,337.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Furicom (Pty) Ltd 1 R 236,000.00 Point scoring bidder
Scored less than the Highest Preferential Procurement At Zero 1 Enterprises (Pty) Ltd 1 R 390,816.00 Point scoring bidder
Page 6 of 10 175 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Scored less than the Highest Preferential Procurement Ozikodes Trading (Pty) Ltd 1 R 277,300.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Bidvest Waltons 0 R 210,335.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Shosho Industrial Supplies CC 1 R 191,337.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Keabokamoso Construction Services (Pty) Ltd 0 R 410,640.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Memotek Trading CC 1 R 194,051.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Kukokonke Trading (Pty) Ltd 1 R 284,557.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Riverwalk Trading 422 CC t/a South Cape Supplies 0 R 187,266.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Unathem Group (Pty) Ltd 1 R 538,080.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Welamaza Travels (Pty) Ltd 1 R 446,040.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Buzano Projects (Pty) Ltd 1 R 190,924.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Ndiya EC Trading (Pty) Ltd 1 R 295,295.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Brand Universe (Pty) Ltd 1 R 212,400.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Mookane Investment Holdings 1 R 1,798,320.00 Point scoring bidder
Scored less than the Highest Preferential Procurement PTA Agencies (Pty) Ltd 1 R 198,240.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Nketele Pele Enterprise (Pty) Ltd 1 R 324,500.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Mariam Distributor (Pty) Ltd t/a Mariam Mclachlan 0 R 261,960.00 Point scoring bidder
Scored less than the Highest Preferential Procurement SM and PM Women Construction Empowerment (Pty) Ltd 1 R 594,720.00 Point scoring bidder
Azilanga Projects (Pty) Ltd R - Non-compliant tax status
Patie K Trading & Projects R - Non-compliant tax status
EMR Projects (Pty) Ltd R - Non-compliant tax status
Vumani Lindi Themba Projects and Trading (Pty) Ltd R - Non-compliant tax status
Mthatharish (Pty) Ltd R - Non-compliant tax status
Page 7 of 10 176 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Mabala Trading Enterprise (Pty) Ltd R - Non-compliant tax status
Competent Systems (Pty) Ltd R - Non-compliant tax status
FTA Enterprises (Pty) Ltd R - Bidder submitted a incomplete bid submission
Ezamaqhinebe CC R - Non-compliant tax status
2402 Endaweni Tshisanyama R - Non-compliant tax status
Supply & Delivery of Multi-Functional Office Paper: Section 1:Multi-Functional Office Highest Preferential Procurement Points. Estimated 12 SCM/2020/67/FIN Ithunam Holdings (Pty) Ltd 1 R 323,920.00 Paper- White Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Esizwe Group CC 1 R 338,900.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Keabokamoso Construction Services (Pty) Ltd 0 R 413,000.00 Point scoring bidder
Scored less than the Highest Preferential Procurement King Pin Suppliers (Pty) Ltd 0 R 395,600.00 Point scoring bidder
Park Avenue Stationers (Garden Route) CC t/a Park Scored less than the Highest Preferential Procurement 0 R 327,785.00 Avenue Stationers Plett Point scoring bidder
Scored less than the Highest Preferential Procurement Shosho Industrial Supplies CC 0 R 326,500.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Bidvest Waltons 0 R 310,170.00 Point scoring bidder
Rates are not market related- unacceptable unrealistically K2 Squared Trading Project (Pty) Ltd 1 R - low offer submitted.
Highest Preferential Procurement Points. Estimated 12 SCM/2020/67/FIN Supply & Delivery of Multi-Functional Office Paper: Section 3: Eye Line Paper Ithunam Holdings (Pty) Ltd 1 R 23,808.00 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Esizwe Group CC 1 R 32,230.50 Point scoring bidder
Scored less than the Highest Preferential Procurement King Pin Suppliers (Pty) Ltd 0 R 41,515.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Shosho Industrial Supplies CC 0 R 28,950.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Bidvest Waltons 0 R 31,886.50 Point scoring bidder
Rates are not market related- unacceptable unrealistically K2 Squared Trading Project (Pty) Ltd 1 R 20,857.50 low offer submitted.
Supply & Delivery of Multi-Functional Office Paper: Section 2: Printing / Copy Paper- Highest Preferential Procurement Points. Estimated 12 SCM/2020/67/FIN Esizwe Group CC 1 R 68,704.20 Pastel Colours- A4 Value of Award-Unit Rates
Park Avenue Stationers (Garden Route) CC t/a Park Scored less than the Highest Preferential Procurement 0 R 63,633.20 Avenue Stationers Plett Point scoring bidder
Scored less than the Highest Preferential Procurement Shosho Industrial Supplies CC 0 R 71,620.00 Point scoring bidder
Page 8 of 10 177 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Scored less than the Highest Preferential Procurement King Pin Suppliers (Pty) Ltd 0 R 75,072.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Bidvest Waltons 0 R 78,601.20 Point scoring bidder
Scored less than the Highest Preferential Procurement Ithunam Holdings (Pty) Ltd 1 R 188,392.20 Point scoring bidder
Scored less than the Highest Preferential Procurement K2 Squared Trading Project (Pty) Ltd 1 R 194,238.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Keabokamoso Construction Services (Pty) Ltd 0 R 233,280.00 Point scoring bidder
Highest Preferential Procurement Points. Estimated 13 SCM/2020/70/COMM Supply and Delivery of 14 Skip Bins Southern Cape Plant Hire (Pty) Ltd 2 R 310,100.00 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Massive Quantum (Pty) Ltd 0 R 328,274.94 Point scoring bidder
Scored less than the Highest Preferential Procurement Akura Manufacturing Engineering Company (Pty) Ltd 0 R 560,000.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Trans Manufacturing (Pty) Ltd t/a Transtech 0 R 466,900.00 Point scoring bidder
Scored less than the Highest Preferential Procurement I'Bini (Pty) Ltd t/a I'Bini 0 R 269,675.00 Point scoring bidder
Scored less than the Highest Preferential Procurement African Labels Trading (Pty) Ltd 1 R 558,040.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Trolley and Bin (Pty) Ltd 0 R 264,973.80 Point scoring bidder
Scored less than the Highest Preferential Procurement Huber Projects (Pty) Ltd 0 R 315,098.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Dynamic R Consultants (Pty) Ltd 1 R 420,000.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Zengele Construction and Trading (Pty) Ltd 0 R 461,650.00 Point scoring bidder
Scored less than the Highest Preferential Procurement GPC Projects (Pty) Ltd 1 R 396,385.92 Point scoring bidder
Scored less than the Highest Preferential Procurement Technical Fit (Pty) Ltd 0 R 417,900.00 Point scoring bidder
Scored less than the Highest Preferential Procurement PNB Civils and Safety (Pty) Ltd t/a PNB Civils 1 R 481,600.00 Point scoring bidder
Scored less than the Highest Preferential Procurement EMR Projects (Pty) Ltd 0 R 604,234.40 Point scoring bidder
Page 9 of 10 178 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Scored less than the Highest Preferential Procurement Mpilo D General Trading (Pty) Ltd 1 R 588,000.00 Point scoring bidder
Scored less than the Highest Preferential Procurement TSCH International Holdings (Pty) Ltd 1 R 363,300.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Thikha Construction and Repair (Pty) Ltd 1 R 450,800.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Arcrite Engineering (Pty) Ltd 0 R 507,164.98 Point scoring bidder
Derick George Fletcher t/a Bitec Engineering R - Non-compliant tax status
Page 10 of 10 179 Annexure "B"
BITOU MUNICIPALITY
Procurement Process Timeline for Tenders Awarded to the Bidder Scoring the Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter- April to June 2020
CALENDAR DAYS- CALENDAR DAYS CALENDAR CALENDAR PROJECT DATE OF PUBLISH DATE OF CLOSING DATE OF DATE OF DATE OF BAC / FIRST CLOSE OF DAYS FROM # TENDER NUMBER DESCRIPTION DAYS - BSC TO MANAGER BSC TENDER TENDER BEC AWARD ADVERTISEMENT ADVERTISEMENT CLOSURE TO BAC TO DATE OF BAC TO BAC DATE OF BEC Electrification of Low Cost Housing- 1 SCM/2020/29/ENG Cupido J 2019/09/19 2019/11/27 2019/12/13 2020/04/08 2020/04/17 211 142 126 117 Electrification of Minnaar ERF 9834 TRA Construction of MV Electrical Engineering 2 SCM/2020/30/ENG Cupido J 2019/09/18 2019/10/14 2019/11/22 2020/04/08 2020/04/14 209 183 144 138 Reticulation Works for New Horizons Supply, Delivery and Installation of New 3 SCM/2020/33/COMM Twani T 2019/10/09 2020/01/17 2020/01/31 2020/03/13 2020/04/06 180 80 66 42 Library Book Detection Systems Including Provision of Library Detection System 4 SCM/2020/34/COMM Twani T 2019/10/09 2020/01/17 2020/01/31 2020/03/13 2020/04/06 180 80 66 42 Services & Maintenance Agreement ending Supply & Delivery of Water Reticulation 5 SCM/2020/44/FIN Samuel F 2019/09/18 2019/11/19 2019/12/06 2020/04/07 2020/04/14 209 147 130 123 Materials Supply & Delivery of Water Reticulation 5 SCM/2020/44/FIN Samuel F 2019/11/13 2019/11/19 2019/12/06 2020/04/07 2020/04/14 153 147 130 123 Materials Supply & Delivery of Water Reticulation 5 SCM/2020/44/FIN Samuel F 2019/11/13 2019/11/19 2019/12/06 2020/04/07 2020/04/14 153 147 130 123 Materials Supply & Delivery of Water Reticulation 5 SCM/2020/44/FIN Samuel F 2019/11/13 2019/11/19 2019/12/06 2020/04/07 2020/04/14 153 147 130 123 Materials Supply & Delivery of Water Reticulation 5 SCM/2020/44/FIN Samuel F 2019/11/13 2019/11/19 2019/12/06 2020/04/07 2020/04/14 153 147 130 123 Materials Supply & Delivery of Water Reticulation 5 SCM/2020/44/FIN Samuel F 2019/11/13 2019/11/19 2019/12/06 2020/04/07 2020/04/14 153 147 130 123 Materials Supply & Delivery of Water Reticulation 5 SCM/2020/44/FIN Samuel F 2019/11/13 2019/11/19 2019/12/06 2020/04/07 2020/04/14 153 147 130 123 Materials Supply & Delivery of Water Reticulation 5 SCM/2020/44/FIN Samuel F 2019/11/13 2019/11/19 2019/12/06 2020/04/07 2020/04/14 153 147 130 123 Materials Supply & Delivery of Water Reticulation 5 SCM/2020/44/FIN Samuel F 2019/11/13 2019/11/19 2019/12/06 2020/04/07 2020/04/14 153 147 130 123 Materials Supply & Delivery of Water Reticulation 5 SCM/2020/44/FIN Samuel F 2019/11/13 2019/11/19 2019/12/06 2020/04/07 2020/04/14 153 147 130 123 Materials Supply & Implementation of a Remote 6 SCM/2020/47/ENG Cupido J 2019/11/27 2020/01/23 2020/02/07 2020/04/30 2020/05/08 163 106 91 83 Automated Meter Reading System with Meter Maintenance of Public Access Areas: Grass 7 SCM/2020/48/COMM Basson J 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting - Airport Maintenance of Public Access Areas: Grass Basson J / 7 SCM/2020/48/COMM 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting And Clearing of Illegal Dumpsites - Baartman D Maintenance of Public Access Areas: Grass Basson J / 7 SCM/2020/48/COMM 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/05/08 184 168 154 123 Cutting And Clearing of Illegal Dumpsites - Baartman D Maintenance of Public Access Areas: Grass Basson J / 7 SCM/2020/48/COMM 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting And Clearing of Illegal Dumpsites - Baartman D Maintenance of Public Access Areas: Grass Basson J / 7 SCM/2020/48/COMM 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting And Clearing of Illegal Dumpsites - Baartman D Maintenance of Public Access Areas: Grass Basson J / 7 SCM/2020/48/COMM 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting And Clearing of Illegal Dumpsites - Baartman D Maintenance of Public Access Areas: Grass 7 SCM/2020/48/COMM Basson J 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting - Kranshoek Block 3 Maintenance of Public Access Areas: 7 SCM/2020/48/COMM Baartman D 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Clearing of Illegal Dumpsites - Kranshoek Maintenance of Public Access Areas: Grass 7 SCM/2020/48/COMM Basson J 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting - Kurland Block 1 Maintenance of Public Access Areas: 7 SCM/2020/48/COMM Baartman D 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Clearing of Illegal Dumpsites - Kurland Block Maintenance of Public Access Areas: Grass Basson J / 7 SCM/2020/48/COMM 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting And Clearing of Illegal Dumpsites - Baartman D Maintenance of Public Access Areas: Grass 7 SCM/2020/48/COMM Basson J 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting - Kwanokuthula Phase 1 Maintenance of Public Access Areas: 7 SCM/2020/48/COMM Baartman D 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Clearing of Illegal Dumpsites - Kwanokuthula
180 Annexure D
Maintenance of Public Access Areas: Grass Basson J / 7 SCM/2020/48/COMM 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting And Clearing of Illegal Dumpsites - Baartman D Maintenance of Public Access Areas: Grass Basson J / 7 SCM/2020/48/COMM 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting And Clearing of Illegal Dumpsites - Baartman D Maintenance of Public Access Areas: Grass Basson J / 7 SCM/2020/48/COMM 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting And Clearing of Illegal Dumpsites - Baartman D Maintenance of Public Access Areas: Grass 7 SCM/2020/48/COMM Basson J 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting - New Horizon Block 1 Maintenance of Public Access Areas: 7 SCM/2020/48/COMM Baartman D 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/05/08 184 168 154 123 Clearing of Illegal Dumpsites - New Horizon Maintenance of Public Access Areas: Grass Basson J / 7 SCM/2020/48/COMM 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting And Clearing of Illegal Dumpsites - Baartman D Maintenance of Public Access Areas: Grass Basson J / 7 SCM/2020/48/COMM 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting And Clearing of Illegal Dumpsites - Baartman D Maintenance of Public Access Areas: Grass Basson J / 7 SCM/2020/48/COMM 2019/11/06 2019/11/22 2019/12/06 2020/04/07 2020/04/28 174 158 144 123 Cutting And Clearing of Illegal Dumpsites - Baartman D 8 SCM/2020/50/CORP Provision of Laptops & Desktops Gresse G 2019/11/27 2020/01/31 2020/02/14 2020/03/13 2020/04/02 127 62 48 28 Supply And Delivery of Electrical Meters: 9 SCM/2020/51/ENG Cupido J 2019/10/03 2020/01/23 2020/02/07 2020/04/03 2020/04/17 197 85 70 56 Item 13-Test Blocks Supply And Delivery of Electrical Meters: 9 SCM/2020/51/ENG Cupido J 2019/10/03 2020/01/23 2020/02/07 2020/04/03 2020/04/17 197 85 70 56 Items 1- Single Phase Split Meters BS PLC; 4 Supply And Delivery of Electrical Meters: 9 SCM/2020/51/ENG Cupido J 2019/10/03 2020/01/23 2020/02/07 2020/04/03 2020/04/17 197 85 70 56 Items 3- Single Phase Split Meters BS. RF; 8- Supply And Delivery of Electrical Meters: 9 SCM/2020/51/ENG Cupido J 2019/10/03 2020/01/23 2020/02/07 2020/04/03 2020/04/17 197 85 70 56 Items 2 Single Phase Split Meters Din Rail Upgrading of Kurland and New Horizons 10 SCM/2020/64/COMM Essa O/ Maki F 2020/02/19 2020/02/27 2020/03/13 2020/05/28 2020/05/29 100 92 77 76 Sport Facilities – Phase 3 11 SCM/2020/66/FIN Supply & Delivery of Tissue Paper Mapuma ZA 2020/02/20 2020/02/21 2020/03/06 2020/05/05 2020/05/08 78 77 63 60 Supply & Delivery of Multi-Functional Office 12 SCM/2020/67/FIN Mapuma ZA 2020/02/20 2020/02/21 2020/03/06 2020/05/28 2020/05/29 99 98 84 83 Paper: Section 1:Multi-Functional Office Supply & Delivery of Multi-Functional Office 12 SCM/2020/67/FIN Mapuma ZA 2020/02/20 2020/02/21 2020/03/06 2020/05/28 2020/05/29 99 98 84 83 Paper: Section 2: Printing / Copy Paper- 13 SCM/2020/70/COMM Supply and Delivery of 14 Skip Bins Baartman D. 2020/03/11 2020/03/13 2020/06/12 2020/06/25 2020/06/26 107 105 14 13
AVERAGE NUMBER OF DAYS 165 136 119 104
BSC Bid Specification Committee BEC Bid Evaluation Committee BAC Bid Adjudication Committee
Page 2 of 2 181 Annexure "C"
Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Scored less than the Highest Preferential Procurement VE Reticulation 1 R 1,509,273.80 Point scoring bidder
Scored less than the Highest Preferential Procurement AM Engineering Consulting 1 R 1,899,209.94 Point scoring bidder
Did not achieve the minimum score on the pre-qualification Izazi Technologies CC 2 R 1,391,650.11 criteria.
Construction of MV Electrical Engineering Reticulation Works for New Horizons 2 SCM/2020/30/ENG AM Engineering Consulting (Pty)Ltd 1 R 4,667,855.75 Highest Preferential Procurement Points Switching Station
Scored less than the Highest Preferential Procurement VE Reticulation (Pty)Ltd 1 R 4,880,029.60 Point scoring bidder
Scored less than the Highest Preferential Procurement Ampcor Khanyisa (Pty)Ltd 1 R 8,104,554.67 Point scoring bidder
Tenderer did not achieve the required 70 points for MDL Engineering Company (Pty)Ltd 2 R 5,089,495.44 Quality/Functionality.
Zama Traffic Signals cc 1 R 6,543,881.92 Bidder submitted an incomplete bid submission
Supply, Delivery and Installation of New Library Book Detection Systems Including Highest Preferential Procurement Points. Estimated 3 SCM/2020/33/COMM Specialised Scan Solutions (Pty) Ltd 0 R 165,435.55 Accessories and Maintenance for Kwanokuthula Library Ending 30 June 2022 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement CSX Customer Services (Pty) Ltd 0 R 249,253.48 Point scoring bidder
Tagit Security (Pty) Ltd 0 R 167,302.00 Non-compliant tax status
Provision of Library Detection System Services & Maintenance Agreement ending 30 Highest Preferential Procurement Points. Estimated 4 SCM/2020/34/COMM Specialised Scan Solutions (Pty) Ltd 0 R 35,808.13 June 2022 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement CSX Customer Services (Pty) Ltd 0 R 55,315.00 Point scoring bidder
Tagit Security (Pty) Ltd 0 R 167,302.00 Non-compliant tax status
Highest Preferential Procurement Points. Estimated 5 SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials JOAT Sales and Services (Pty) Ltd 1 R 999,999.99 Value of Award-Unit Rates
Last Samurai Property Holdings 2 CC t/a Ithuba Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials 1 R 954,500.00 Industries Value of Award-Unit Rates
Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials Take Note Trading 245 CC t/a Universal Trading 1 R 954,500.00 Value of Award-Unit Rates
Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials NRB Piping Systems (Pty) Ltd 1 R 954,500.00 Value of Award-Unit Rates
Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials Khusela Amanzi (Pty) Ltd 0 R 954,500.00 Value of Award-Unit Rates
Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials Nolada 8 (Pty) Ltd 1 R 954,500.00 Value of Award-Unit Rates
Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials Incledon (Pty) Ltd trading as DPI 0 R 954,500.00 Value of Award-Unit Rates
Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials King Pin Suppliers (Pty) Ltd 4 R 954,500.00 Value of Award-Unit Rates
182 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials PNB Civils and Safety (Pty) Ltd t/a PNB Civils 1 R 954,500.00 Value of Award-Unit Rates
Seaview Plumbing Supplies CC t/a Vision Plumbing and Highest Preferential Procurement Points. Estimated SCM/2020/44/FIN Supply & Delivery of Water Reticulation Materials 4 R 954,500.00 Supplies Value of Award-Unit Rates
George Industrial Supplies (Pty) Ltd t/a H&L Industrial Scored less than the Highest Preferential Procurement Supplies Point scoring bidder
Scored less than the Highest Preferential Procurement Smart Water Services (Pty) Ltd Point scoring bidder
Bidder did not respond to the request to submit electronic KFC Pipes and Fittings (Pty) Ltd submission of the rate sheet as included as part of the bid rules.
Supply & Implementation of a Remote Automated Meter Reading System with Meter Highest Preferential Procurement Points. Estimated 6 SCM/2020/47/ENG Power Measurement and Distribution (Pty) Ltd 0 R 559,499.15 Audits & Bulk Meter Installation for a period ending 30 June 2022 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Motla South (Pty) Ltd 0 R 571,257.04 Point scoring bidder
Scored less than the Highest Preferential Procurement Landis and Gyr (Pty) Ltd 0 R 993,615.87 Point scoring bidder
Did not achieve the minimum score on the pre-qualification Nyamezela Metering (Pty) Ltd 0 R - criteria.
Did not achieve the minimum score on the pre-qualification Ontec Systems (Pty) Ltd 1 R - criteria.
7 SCM/2020/48/COMM Maintenance of Public Access Areas: Grass Cutting - Airport Shekynah Projects CC 1 R 110,500.00 Only bid received
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Nolusindiso Sopapaza t/a Sindis's Supplies 1 R 126,150.00 Bossiesgif & Industrial Area Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Gqukani Trading 1 R 352,350.00 Point scoring bidder
Scored less than the Highest Preferential Procurement FFN Project 1 R 294,000.00 Point scoring bidder
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Zwelinzima William Sam t/a Sams Maintenance 1 R 101,330.00 Green Valley & Wittedrift Value of Award-Unit Rates
Rates and taxes in arrears more than 90day. No Nigphiqui Construction 1 R - arrangement in place with Revenue Services.
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Welamaza Travels (Pty) Ltd 1 R 103,000.00 Harkerville Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Chris Manuel Maintenance 1 R 150,000.00 Point scoring bidder
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Shekynah Projects CC 1 R 290,942.00 Kranshoek Block 1 Value of Award-Unit Rates
Elmarie Links R - Bidder did not attend compulsory site meeting
Page 2 of 10 183 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - K2019409544 (South Africa) (Pty) Ltd t/a Ikuthala Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM 1 R 458,262.50 Kranshoek Block 2 Trading Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Urshula Cathrine Smith t/a UC Smith 1 R 526,685.00 Point scoring bidder
CS Dynamic R - Bidder did not attend compulsory site meeting
Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Maintenance of Public Access Areas: Grass Cutting - Kranshoek Block 3 Recardo Cortje t/a RTC Carpentry and Maintenance 1 R 260,010.00 Value of Award-Unit Rates
Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Maintenance of Public Access Areas: Clearing of Illegal Dumpsites - Kranshoek Block 3 Eightson Investments (Pty) Ltd 0 R 132,000.00 Value of Award-Unit Rates Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Maintenance of Public Access Areas: Grass Cutting - Kurland Block 1 SR Contractors (Pty) Ltd 1 R 54,966.40 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Lungiswa Gcona 1 R 60,119.50 Point scoring bidder
Scored less than the Highest Preferential Procurement Velisas Projects and Maintenance 1 R 77,296.50 Point scoring bidder
Scored less than the Highest Preferential Procurement Impumelelo Nose Trading 1 R 89,320.40 Point scoring bidder
Scored less than the Highest Preferential Procurement Siyamcela Projects 1 R 94,473.50 Point scoring bidder
Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Maintenance of Public Access Areas: Clearing of Illegal Dumpsites - Kurland Block 1 Lungiswa Sweetness Gcora 1 R 60,000.00 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Siyamcela Projects 1 R 75,000.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Impumelelo Nose Trading 1 R 108,750.00 Point scoring bidder
Scored less than the Highest Preferential Procurement SR Contractor 1 R 112,500.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Velisas Projects and Maintenance 1 R 120,000.00 Point scoring bidder
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - 7 SCM/2020/48/COMM Lizz's Tours (Pty) Ltd 1 R 335,891.00 Only bid received Kurland Block 2
Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Maintenance of Public Access Areas: Grass Cutting - Kwanokuthula Phase 1 Potwana for Siyo General Trading (Pty) Ltd 1 R 154,032.00 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Tshangana's Emergency Trading 1 R 182,913.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Kukokonke Trading 1 R 187,726.50 Point scoring bidder
Scored less than the Highest Preferential Procurement S'phethezona Trading 1 R 279,183.00 Point scoring bidder
Vuyo LeKhaya Trading Enterprise R - Rates and taxes in arrears more than 90day.
Maintenance of Public Access Areas: Clearing of Illegal Dumpsites - Kwanokuthula Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Tshangana S Emergency Trading (Pty) Ltd 1 R 135,000.00 Phase 1 Value of Award-Unit Rates
Page 3 of 10 184 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Scored less than the Highest Preferential Procurement Emawusheni Construction 1 R 148,500.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Potwana For Siyo General Trading 1 R 150,000.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Kukokonke Trading 1 R 150,000.00 Point scoring bidder
Scored less than the Highest Preferential Procurement S'phethezona Trading 1 R 180,000.00 Point scoring bidder
Vuyo LeKhaya Trading Enterprise R - Rates and taxes in arrears more than 90day.
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Zamani Con (Pty) Ltd 1 R 189,092.00 Kwanokuthula Phase 2 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Hash Tag 1 R 288,582.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Amazizodwa 1 R 17,057,250.00 Point scoring bidder
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Bolekwa Ngqekeza t/a Avile General Trading 1 R 213,967.50 Kwanokuthula Phase 3 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Avile General Trading 1 R 224,626.20 Point scoring bidder
Scored less than the Highest Preferential Procurement Dzula Development 0 R 236,467.50 Point scoring bidder
Scored less than the Highest Preferential Procurement Ngabangaba 1 R 292,371.90 Point scoring bidder
Scored less than the Highest Preferential Procurement Long Story Maintenance and Services 1 R 366,348.00 Point scoring bidder
Scored less than the Highest Preferential Procurement TGM Plumbing 1 R 18,814,800.00 Point scoring bidder
Elvis Construction R - Rates and taxes in arrears more than 90day.
Keabokomaso Construction Services R - Rates and taxes in arrears more than 90day.
Lithemba & Liphile R - Rates and taxes in arrears more than 90day.
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - 7 SCM/2020/48/COMM Akhanani and Anhe Construction (Pty) Ltd 1 R 383,958.90 Only bid received Kwanokuthula Phase 4
Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Maintenance of Public Access Areas: Grass Cutting - New Horizon Block 1 Rodwell Dewald Andrews t/a RS & S Construction 1 R 181,100.50 Value of Award-Unit Rates
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Furicom (Pty) Ltd 1 R 330,888.50 New Horizon Block 2 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement AB Sass 0 R 365,808.50 Point scoring bidder
Bush Hogg 1 R - Non-compliant tax status
Page 4 of 10 185 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Khollie and Sons Enterprises (Pty) Ltd 1 R 157,790.00 Qolweni & Pinetrees Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Mandisa General Trading 1 R 170,685.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Luphondo 1 R 202,027.50 Point scoring bidder
Scored less than the Highest Preferential Procurement Sidomela 1 R 226,475.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Sibongile Komeni 1 R 223,001.00 Point scoring bidder
S Ntetho Non-compliant tax status
Mvuyisi Non-compliant tax status
Mtutuzeli Non-compliant tax matters
Maintenance of Public Access Areas: Grass Cutting And Clearing of Illegal Dumpsites - Highest Preferential Procurement Points. Estimated 7 SCM/2020/48/COMM Mabala Trading Enterprise (Pty) Ltd 1 R 1,093,290.00 Town/CBD Value of Award-Unit Rates
Afezekiswa Mining and Construction CC 1 R - Rates and taxes in arrears for more than 90 days
8 SCM/2020/50/CORP Provision of Laptops & Desktops Ecovision Computing CC 1 R 1,448,484.63 Only responsive bid received
Tender document submitted is a copy and not original therefore may not be considered in terms of the submission CHM Vuwani Computer Solutions (Pty) Ltd R - rules, which guides that an original bid document be submitted in the tender box prior to tender closure.
Go Computer Cash and Carry CC R - Tax matters of the bidder is Non-Compliant.
Bidder failed the pre-qualification Zestirox (Pty) Ltd Nashua George R - requirement and may not be considered further.
Highest Preferential Procurement Points. Estimated 9 SCM/2020/51/CORP Supply And Delivery of Electrical Meters: Item 13-Test Blocks Actom Electrical Products a division of Actom (Pty) Ltd 1 R 31,970.00 Value of Award-Unit Rates
Supply And Delivery of Electrical Meters: Items 1- Single Phase Split Meters BS PLC; 4 - Highest Preferential Procurement Points. Estimated SCM/2020/51/CORP Conlog (Pty) Ltd 2 R 847,301.60 Single Phase Split Meters Din Rail RF; 6- Three Phase Split Meters BS RF Value of Award-Unit Rates
Supply And Delivery of Electrical Meters: Items 3- Single Phase Split Meters BS. RF; 8- Direct Connect KVA Bulk Meters – Single Phase; 9- Direct Connect KVA Bulk Meters – Highest Preferential Procurement Points. Estimated SCM/2020/51/CORP Ontec Systems (Pty) Ltd 1 R 4,471,591.00 Three Phase; 10- CT Connect KVA Bulk Meters – Three Phase; 11- CT/VT Connect KVA Value of Award-Unit Rates Bulk Meters – 3/4 Wire; 12-Cluster Meters
Supply And Delivery of Electrical Meters: Items 2 Single Phase Split Meters Din Rail PLC Highest Preferential Procurement Points. Estimated SCM/2020/51/CORP ; 5- Three Phase Split Meters BS PLC; 7- Smart Meter, prepaid; 9.3- Maximum Demand Landis and Gyr (Pty) Ltd 0 R 8,079,440.00 Value of Award-Unit Rates Direct Connect, 160Amp; 15- Equipment Specific to existing infrastructure
Maboneng Electrical Distributors (Pty) Ltd R - Rates and taxes are in arrears for more than 90 days.
Nyamezela Metering (Pty) Ltd R - Offers do not comply with technical specifications.
10 SCM/2020/64/COMM Upgrading of Kurland and New Horizons Sport Facilities – Phase 3 Ezamaqhinebe CC 1 R 2,135,362.55 Highest Preferential Procurement Points
Page 5 of 10 186 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Scored less than the Highest Preferential Procurement B&V Construction (Pty) Ltd 0 R 2,757,125.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Ikhono Techni 1 R 2,922,102.01 Point scoring bidder
Scored less than the Highest Preferential Procurement SC Housing 1 R 3,371,024.90 Point scoring bidder
Mapengo Civils (Pty) Ltd 1 R 1,091,749.68 Unrealistically low offer submitted
Tenderer did not achieve the required 70 points for Mashengo Building & Electrical Projects R - Quality/Functionality.
Tenderer did not achieve the required 70 points for Max 21st Century Projects & Investments Management R - Quality/Functionality.
Max 21st Century Projects & Investment Management JV Tenderer did not achieve the required 70 points for R - Awethu Construction Quality/Functionality.
Tenderer did not achieve the required 70 points for Autumn Skies Trading (Pty) Ltd R - Quality/Functionality.
Tenderer did not achieve the required 70 points for TXG JV Simba Investments R - Quality/Functionality.
Tenderer did not achieve the required 70 points for New Morning Construction R - Quality/Functionality.
Highest Preferential Procurement Points. Estimated 11 SCM/2020/66/FIN Supply & Delivery of Tissue Paper Dynamic R Consultants (Pty) Ltd 1 R 177,000.00 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Ottery Industrial Suppliers (Pty) Ltd 0 R 173,696.00 Point scoring bidder
Seaview Plumbing Supplies CC t/a Vision Plumbing and Scored less than the Highest Preferential Procurement 4 R 184,552.00 Supplies Point scoring bidder
Park Avenue Stationers (Garden Route) CC t/a Park Avenue Scored less than the Highest Preferential Procurement 0 R 202,877.40 Stationers Plett Point scoring bidder
Scored less than the Highest Preferential Procurement King Pin Suppliers (Pty) Ltd 0 R 203,550.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Geomar Services (Pty) Ltd 1 R 470,584.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Stelmed CC 1 R 192,576.00 Point scoring bidder
Scored less than the Highest Preferential Procurement TSCH International Holdings (Pty) Ltd 1 R 191,337.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Furicom (Pty) Ltd 1 R 236,000.00 Point scoring bidder
Scored less than the Highest Preferential Procurement At Zero 1 Enterprises (Pty) Ltd 1 R 390,816.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Ozikodes Trading (Pty) Ltd 1 R 277,300.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Bidvest Waltons 0 R 210,335.00 Point scoring bidder
Page 6 of 10 187 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Scored less than the Highest Preferential Procurement Shosho Industrial Supplies CC 1 R 191,337.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Keabokamoso Construction Services (Pty) Ltd 0 R 410,640.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Memotek Trading CC 1 R 194,051.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Kukokonke Trading (Pty) Ltd 1 R 284,557.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Riverwalk Trading 422 CC t/a South Cape Supplies 0 R 187,266.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Unathem Group (Pty) Ltd 1 R 538,080.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Welamaza Travels (Pty) Ltd 1 R 446,040.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Buzano Projects (Pty) Ltd 1 R 190,924.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Ndiya EC Trading (Pty) Ltd 1 R 295,295.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Brand Universe (Pty) Ltd 1 R 212,400.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Mookane Investment Holdings 1 R 1,798,320.00 Point scoring bidder
Scored less than the Highest Preferential Procurement PTA Agencies (Pty) Ltd 1 R 198,240.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Nketele Pele Enterprise (Pty) Ltd 1 R 324,500.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Mariam Distributor (Pty) Ltd t/a Mariam Mclachlan 0 R 261,960.00 Point scoring bidder
Scored less than the Highest Preferential Procurement SM and PM Women Construction Empowerment (Pty) Ltd 1 R 594,720.00 Point scoring bidder
Azilanga Projects (Pty) Ltd R - Non-compliant tax status
Patie K Trading & Projects R - Non-compliant tax status
EMR Projects (Pty) Ltd R - Non-compliant tax status
Vumani Lindi Themba Projects and Trading (Pty) Ltd R - Non-compliant tax status
Mthatharish (Pty) Ltd R - Non-compliant tax status
Mabala Trading Enterprise (Pty) Ltd R - Non-compliant tax status
Competent Systems (Pty) Ltd R - Non-compliant tax status
Page 7 of 10 188 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
FTA Enterprises (Pty) Ltd R - Bidder submitted a incomplete bid submission
Ezamaqhinebe CC R - Non-compliant tax status
2402 Endaweni Tshisanyama R - Non-compliant tax status
Supply & Delivery of Multi-Functional Office Paper: Section 1:Multi-Functional Office Highest Preferential Procurement Points. Estimated 12 SCM/2020/67/FIN Ithunam Holdings (Pty) Ltd 1 R 323,920.00 Paper- White Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Esizwe Group CC 1 R 338,900.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Keabokamoso Construction Services (Pty) Ltd 0 R 413,000.00 Point scoring bidder
Scored less than the Highest Preferential Procurement King Pin Suppliers (Pty) Ltd 0 R 395,600.00 Point scoring bidder
Park Avenue Stationers (Garden Route) CC t/a Park Scored less than the Highest Preferential Procurement 0 R 327,785.00 Avenue Stationers Plett Point scoring bidder
Scored less than the Highest Preferential Procurement Shosho Industrial Supplies CC 0 R 326,500.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Bidvest Waltons 0 R 310,170.00 Point scoring bidder
Rates are not market related- unacceptable unrealistically K2 Squared Trading Project (Pty) Ltd 1 R - low offer submitted.
Highest Preferential Procurement Points. Estimated 12 SCM/2020/67/FIN Supply & Delivery of Multi-Functional Office Paper: Section 3: Eye Line Paper Ithunam Holdings (Pty) Ltd 1 R 23,808.00 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Esizwe Group CC 1 R 32,230.50 Point scoring bidder
Scored less than the Highest Preferential Procurement King Pin Suppliers (Pty) Ltd 0 R 41,515.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Shosho Industrial Supplies CC 0 R 28,950.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Bidvest Waltons 0 R 31,886.50 Point scoring bidder
Rates are not market related- unacceptable unrealistically K2 Squared Trading Project (Pty) Ltd 1 R 20,857.50 low offer submitted.
Supply & Delivery of Multi-Functional Office Paper: Section 2: Printing / Copy Paper- Highest Preferential Procurement Points. Estimated 12 SCM/2020/67/FIN Esizwe Group CC 1 R 68,704.20 Pastel Colours- A4 Value of Award-Unit Rates
Park Avenue Stationers (Garden Route) CC t/a Park Scored less than the Highest Preferential Procurement 0 R 63,633.20 Avenue Stationers Plett Point scoring bidder
Scored less than the Highest Preferential Procurement Shosho Industrial Supplies CC 0 R 71,620.00 Point scoring bidder
Scored less than the Highest Preferential Procurement King Pin Suppliers (Pty) Ltd 0 R 75,072.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Bidvest Waltons 0 R 78,601.20 Point scoring bidder
Page 8 of 10 189 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Scored less than the Highest Preferential Procurement Ithunam Holdings (Pty) Ltd 1 R 188,392.20 Point scoring bidder
Scored less than the Highest Preferential Procurement K2 Squared Trading Project (Pty) Ltd 1 R 194,238.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Keabokamoso Construction Services (Pty) Ltd 0 R 233,280.00 Point scoring bidder
Highest Preferential Procurement Points. Estimated 13 SCM/2020/70/COMM Supply and Delivery of 14 Skip Bins Southern Cape Plant Hire (Pty) Ltd 2 R 310,100.00 Value of Award-Unit Rates
Scored less than the Highest Preferential Procurement Massive Quantum (Pty) Ltd 0 R 328,274.94 Point scoring bidder
Scored less than the Highest Preferential Procurement Akura Manufacturing Engineering Company (Pty) Ltd 0 R 560,000.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Trans Manufacturing (Pty) Ltd t/a Transtech 0 R 466,900.00 Point scoring bidder
Scored less than the Highest Preferential Procurement I'Bini (Pty) Ltd t/a I'Bini 0 R 269,675.00 Point scoring bidder
Scored less than the Highest Preferential Procurement African Labels Trading (Pty) Ltd 1 R 558,040.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Trolley and Bin (Pty) Ltd 0 R 264,973.80 Point scoring bidder
Scored less than the Highest Preferential Procurement Huber Projects (Pty) Ltd 0 R 315,098.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Dynamic R Consultants (Pty) Ltd 1 R 420,000.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Zengele Construction and Trading (Pty) Ltd 0 R 461,650.00 Point scoring bidder
Scored less than the Highest Preferential Procurement GPC Projects (Pty) Ltd 1 R 396,385.92 Point scoring bidder
Scored less than the Highest Preferential Procurement Technical Fit (Pty) Ltd 0 R 417,900.00 Point scoring bidder
Scored less than the Highest Preferential Procurement PNB Civils and Safety (Pty) Ltd t/a PNB Civils 1 R 481,600.00 Point scoring bidder
Scored less than the Highest Preferential Procurement EMR Projects (Pty) Ltd 0 R 604,234.40 Point scoring bidder
Scored less than the Highest Preferential Procurement Mpilo D General Trading (Pty) Ltd 1 R 588,000.00 Point scoring bidder
Page 9 of 10 190 Bitou Municipality
Highest Preferential Procurement Points for the 2019/20 Financial Year- 4th Quarter April to June 2020 - Comparative Tender Schedule
B-BBEE STATUS T0TAL ESTIMATED AMOUNT (Including # TENDER NUMBER DESCRIPTION AWARDED TO COMMENT LEVEL VAT)
1 SCM/2020/29/ENG Electrification of Low Cost Housing- Electrification of Minnaar ERF 9834 TRA MDL Engineering Company (Pty) Ltd t/a MDL Electrical 2 R 1,443,785.56 Highest Preferential Procurement Points
Scored less than the Highest Preferential Procurement TSCH International Holdings (Pty) Ltd 1 R 363,300.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Thikha Construction and Repair (Pty) Ltd 1 R 450,800.00 Point scoring bidder
Scored less than the Highest Preferential Procurement Arcrite Engineering (Pty) Ltd 0 R 507,164.98 Point scoring bidder
Derick George Fletcher t/a Bitec Engineering R - Non-compliant tax status
Page 10 of 10 191 Annexure "D"
BITOU MUNICIPALITY REGISTER of POTENTIAL IRREGULAR EXPENDITURE INCURRED for the 2019/20 FINANCIAL YEAR
SCM IE Responsible Tax invoice Date of Payment Date Incurred Description of Incident SCM Policy Transgression Directorate Supplier / Service Provider Amount Order No Tax Invoice # STATUS # Official date Payment Number
Cleaning of waste after riots in Qolweni, Industrial Area, 1 1/7/2019 Section 18- RFQ Process not followedCommunity Services Baartman D Emawusheni Construction (Pty) Ltd R 140,000.00 182644 8/7/2019 61 5/8/2019 132039 Kwanokuthula, New Horizons and N2 Road
02/07/2019, 08/07/2019, 09/07/2019, 10/07/2019, 34312, 34313, 11/07/2019, 34325, 34326, 12/07/2019, 34327, 34334, 34335, 34337, 14/07/2019, 34343, 34344, 15/07/2019, 34348, 34353, Section 16- Processes for Written 16/07/2019, 34355, 34362, 2 1/7/2019 Newspapers for Main Library in town Price Quotations Community Services Johnston M MD Ventures Pty Ltd t/a Village Bookshop R 3,113.50 388210 17/07/2019, 14/8/2019 132122 34370, 34373, 18/07/2019, 34376, 34377, 19/07/2019, 34379, 34389, 21/07/2019, 34402, 34404, 22/07/2019, 34417, 34420, 25/07/2019, 34423, 34424, 26/07/2019, 343427, 34433 29/07/2019, 30/07/2019, 31/07/2019
Section 16- Processes for Written 3 18/7/2019 Photography for pensioner's lunch 18 July 2019 Price Quotations Corporate Services Sijama J Vinthi Neufeld R 1,990.00 388138 23/07/2019 327 15/8/2019 132134
688942, 688937, 688939, 688940, 16/07/2019, 688942,688938, 01/08/2019, 688941, 694295, 1/8/2019, 131956,1 16/10/2019, 694294, 694293, 5/11/2019, 33311,13 16/09/2019, 694290, 694291, 4 16/7/2019 Rental & Copies Section 54(f) & (j)- Contract Various Departments Zestirox t/a Nashua R 19,721.05 388180 10/10/2019, 2948, 08/10/2019, 694292, 692577, monitoring and implementation 12/12/2019,2 133781, 10/10/2019, 692572, 0/03/2020 134909 06/11/2019, 692573,692574, 19/11/2019 692575, 692576, 696090, 406319, 696470 332113 25/07/2019, 389054, 25/08/2019, 388471, 01/10/2019, 388604, 17/10/2019, IN131000, IN131126, 388776, 29/10/2019, IN131185, IN131198, 388791, 25/11/2019, IN131197, IN131282, 389176, 17/12/2019, IN131281, IN131283, IN131305, IN131413, 389270, 16/01/2020, 9/3/2020, 134765, IN131414, IN131507, 389353, 17/09/2019, 15/10/2019, 133038, IN131508, IN131134, Section 16- Processes for Written 389354, 10/10/2019, 5/12/2019, 133696, IN131188, IN131289, 5 various Ad for What's New in Plett Price Quotations Various Departments The Printshop R 34,899.73 389377, 7/11/2019, 24/3/2020,26 134939, IN131300, IN131594, 389747, 14/11/2019, /3/2020, 135076, IN131678, IN131595, 10/7/2020, 135993, 389753, 06/02/2020, IN131699, IN131701, 26/6/2020 135670 389760, 10/03/2020, IN131856, IN131299, 388996,3 13/02/2020, IN131910, IN131415, 89284, 19/03/2020, IN131184, IN131700, 389379, 24/06/2020, IN131703, IN13497, 389621, 14/11/2019, IN131496, IN131850 389622, 30/06/2020, 389650 17/12/2019, 19/03/2020
6 various Rental & Copies Section 54(f) & (j)- Contract Various Departments Copy X Business Solutions R 72,619.96 Various Various Various Various Various monitoring and implementation
192 BITOU MUNICIPALITY REGISTER of POTENTIAL IRREGULAR EXPENDITURE INCURRED for the 2019/20 FINANCIAL YEAR
SCM IE Responsible Tax invoice Date of Payment Date Incurred Description of Incident SCM Policy Transgression Directorate Supplier / Service Provider Amount Order No Tax Invoice # STATUS # Official date Payment Number
182815, 01/07/2019, 14/8/2019, 132106, 7 1/7/2019 Vehicle tracking system payment for June 2019 Section 54(f) & (j)- Contract Engineering Services Sunkar S Altech Netstar R 35,816.69 25404725, 25760647 184071 01/08/2019 17/10/2019 133061 monitoring and implementation
181974, 4/6/2019, 01238458, 181981, 05/06/2019, 01238532, 133743'1 181983, 04/06/2019, 01238460, 31667, 191985, 05/06/2019, 01238539, 131668, 181986, 06/06/2019, 01238564, 12/7/2019, 131669, 181987, 12/06/2019, 01238565, 14/08/2019, 131670, 01238741, 23/08/2019,1 132116, 181988, 19/06/2019, 01238833, 9/09/2019, 132194, 181989, 18/12/2018, 00230412, 10/10/2019, 132633, 182112, 08/11/2018, 00226618, 11/12/2019, 132945, 8 various Copies & Rental Section 54(f) & (j)- Contract Various Departments Ricoh Garden Route R 33,528.69 182113, 02/04/2019, 01237130, 03/02/2020, 132946, monitoring and implementation 182114, 16/05/2019, 01237130, 13/02/2020, 134213, 182115, 18/06/2019, 01237983, 09/03/2020, 134386, 182116, 10/07/2019, 01238831, 12/03/2020, 134762, 388254, 05/08/2019, 01239292, 0139289, 20/03/2020, 134763, 388296, 12/08/2019, 01239821, 25/06/2020 134764, 388436, 12/09/2019, 01239955, 134800, 388533, 03/10/2019, 01240718, 134906, 388523, 07/08/2019, 01241154, 135633 388880 29/10/2019 01239907 187757,1 30/01/2020, 20/03/2020, 134901, Section 19- Competitive Bidding not 87756, 13/12/2019, SCM/2018/194/MM - Invoices for: Uploading of SDBIP on software 19/05/2020, 135362, followed 188647, 25/03/2020, 2248, 2201, 2365, 9 various database, Compliance user fees, SDBIP subscription fees, Individual Corporate Services Groenewald G Ignite Advisory Services Pty Ltd R 190,338.50 22/08/2019, 132191, Section 116(2)- Contract 182878, 30/07/2019, 1921, 2153, 2073 Performance Management software support fees 20/12/2019, 133911,1 implementation monitoring 185628, 28/11/2019, 27/11/2019 33561 184999 31/10/2019
Section 16- Processes for Written 10 19/8/2019 Indigent funeral for late Ulrich Bully Price Quotations Community Services Basson J Velisas Projects R 4,900.00 388363 29/08/2019 95 29/8/2019 132375
Section 16- Processes for Written 10 28/8/2019 Indigent funeral for Baby Plaatjies Price Quotations Community Services Basson J Velisas Projects R 1,990.00 388362 28/08/2019 94 29/8/2019 132374
Section 16- Processes for Written Price Quotations 11 1/8/2019 Cylinder Repairs - Isuzu FTR800 CX 19329 Engineering Services Sunkar S Shorts Nissan R 9,572.51 388475 30/09/2019 302282 14/10/2019 133017 Section 54(f) & (j)- Contract monitoring and implementation
Section 19- Competitive bidding processes not followed, Section Mitigation action for Bitou Integrated Wast Facility (IWMF) Portion 40 12 18/7/2019 38(1)(b)- Potential irregular / unfair Community Services Sompani T Masiqhame Trading 672 CC R 1,921,888.00 183906 18/07/2019 10863 11/10/2019 132963 of Farm Hillview no 437, Plett practices
193 Section 2: Finance
ITEM C/2/190/08/20
WRITING OFF AND DISPOSAL OF FIXED ASSETS
Directorate: Finance Demarcation: All Wards Portfolio Comm: Finance & Engineering Delegation: Council
File Ref: 5/1/1/4 & 5/6/1
Attachments: Annexure A: Asset Disposal Listing
Report from: Chief Financial Officer
Date: 07 August 2020
Purpose of the report
The purpose of this report is to inform Council of fixed assets written off and to obtain approval for the disposal of Scrap/Redundant Assets relating to the 2019/2020 financial year.
Background /Discussion
As required by the municipality’s Asset Management Policy and other applicable legislation, all assets should be verified each year to ensure the fixed asset register’s completeness and accuracy. These verification procedures enable the municipality to identify, investigate, transact and report on any discrepancies found to management, council and other relevant stakeholders.
In terms of the Asset management policy of the municipality, read with the requirements of Section 78(e) of the MFMA, it is the responsibility of each manager and each official exercising financial management responsibilities to take all reasonable steps to ensure that “all the assets and liabilities of the municipality are managed effectively and that assets are safeguarded and maintained to the extent necessary”
a) Movable Assets In order to give effect to the aforementioned, an external service provider was appointed as per the specifications of tender SCM/2020/43/FIN, for the financial years commencing 2019/2020 to 2021/2022. Various engagements have been conducted with the appointed service provider, together with internal communications, in preparation and anticipation of the annual planned verification process.
The year 2020 however posed unexpected, significant and unprecedented challenges to the traditional approach of moveable asset verification, due to the arrival and subsequent 194 Section 2: Finance impact of the Covid-19 pandemic on our shores, which forced the declaration of a National State of Disaster in South Africa. This National State of Disaster, declared and published in Government Gazette No. 43096 on 15 March 2020, enforced various restrictions on economic activities and free movement of individuals under the initial lockdown period and further extension.
This unforeseen period of business inactivity/closure of municipal offices for non- essential workers (27 March 2020 to 1 June 2020), together with guidelines/protocol on the appropriate code of conduct such as “social distancing”, forced the Bitou Municipality to consider an alternative, risk-based approach of high value asset verification in order to comply with the Asset Management Policy.
Although Bitou Municipality has solicited advice on the matter of physical asset verification from the Western Cape Provincial Treasury, no directive could be provided, and a management decision was taken to adhere to the “risk-adjusted” approach as far as possible, considering the aforementioned limitations and safety of all stakeholders involved.
b) Immovable Assets During the latter part of the 2019/20 financial period, immovable asset custodians were requested to assist with the accuracy and completeness reviews of the immovable asset register.
Asset custodians were required to report on any of the below factors which may have affected a particular network, facility, or property during 2019/20:
· Theft/Missing Assets not yet reported to the insurance section · Major decrease in market/fair values and/or performance of assets due to, amongst other:
ü COVID19 ü Technological or Environmental changes ü Lack of maintenance ü Litigation/contractual challenges, etc ü Any other internal or external factors
· Assets donated or contributed to the municipality, which currently do not reflect on the fixed asset register.
None of the asset custodians reported any discrepancies, including any write offs or assets to be scrapped.
Council should however note that the aforementioned process excludes any write offs that may be identified during the accounting processes, if and where applicable. Assets replaced and identified during the 2019/20 capitalization processes will be written off in accordance with Council’s Accounting Policies as well as any related Accounting Standards. At the time of finalizing this report, the accounting processes have not yet been concluded for Annual Financial Statement purposes. 195 Section 2: Finance
Financial Implication
During the above verification processes, Movable Assets with a total book value of R 145,572.08 were identified as Scrap and unable to provide the minimum level of basic municipal services.
Below, a high level summary as these asset, per asset type:
A more detailed breakdowns of these assets can be reviewed with Annexure A.
Relevant Legislation
• Council’s Asset Management Policy • Section 14 of the Municipal Finance Management Act, 56 of 2003 • Municipal Asset Transfer Regulations, Government Gazette 31346
Comments: Director Corporate Services
The recommendations by the Municipal Manager are supported.
Comments: Director Community Services
No comments received
Comments: Director Engineering Services
The recommendations by the Municipal Manager are supported.
Comments: Director Economic Development & Planning
No comments received
Comments Manager: Legal Services The recommendation of the Municipal Manager is supported
196 Section 2: Finance
RECOMMENDED BY THE MUNICIPAL MANAGER
1. That it be noted, that all assets as listed within Annexure A, are not required and/or able to deliver the minimum level of basic services.
2. That all assets listed in Annexure A, with a total book value of R145,572.08 as at 30 June 2020, be approved by council for disposal purposes, in accordance with the Council’s Asset Management Policy.
3. That any additional assets to be written off as at 30 June 2020, which emanates from the conclusion of the accounting processes for Annual Financial Statement purposes, be submitted to the Chief Financial Officer for review and approval.
4. That Directors enforce the implementation of Council’s Asset Management and other related Policies, to ensure assets are properly safeguarded, maintained and managed over their respective life cycles.
RECOMMENDED BY THE EXECUTIVE MAYOR
1. That it be noted, that all assets as listed within Annexure A, are not required and/or able to deliver the minimum level of basic services.
2. That all assets listed in Annexure A, with a total book value of R145,572.08 as at 30 June 2020, be approved by council for disposal purposes, in accordance with the Council’s Asset Management Policy.
3. That any additional assets to be written off as at 30 June 2020, which emanates from the conclusion of the accounting processes for Annual Financial Statement purposes, be submitted to the Chief Financial Officer for review and approval.
4. That Directors enforce the implementation of Council’s Asset Management and other related Policies, to ensure assets are properly safeguarded, maintained and managed over their respective life cycles.
197 Annexure "A"
Asset ID Service Desc. Dept. Department Desc. B/Fwd.Cost Carrying Value Description1 Bytes Category Description Bar Code
17094 FINANCIAL SERVICES 0540 INFORMATION AND COMMUNICA 375.60 - COMPUTER ROUTER Computer Equipment 211790 17106 Municipal Services and Infrast 0875 PROJECT FACILITATION 102.40 0.52 PRINTER DESK JET Computer Equipment 101540 17111 Municipal Services and Infrast 0860 WATER SERVICES: WATER DIS 921.57 0.01 PRINTER LASER Computer Equipment 106270 17213 Municipal Services and Infrast 0860 WATER SERVICES: WATER DIS 2,859.52 - COMPUTER MONITOR FLATSCREEN SAMSUNG Computer Equipment 135770 17219 COMMUNITY SERVICES 0342 PROTECTION SERVICES: TRAF 826.88 4.09 COMPUTER MONITOR LG FLATSCREEN Computer Equipment 144050 17227 Municipal Services and Infrast 0875 PROJECT FACILITATION 501.76 2.50 PRINTER DESIGNJET 9DR Computer Equipment 148220 17240 CORPORATE SERVICES 0420 HUMAN RESOURCES MANAGEMEN 2,859.52 - COMPUTER MONITOR FLATSCREEN SAMSUNG Computer Equipment 152730 17343 CORPORATE SERVICES 0213 LEGAL SERVICES 10,694.00 26.65 COMPUTER LAPTOP/NOTE BOOK Computer Equipment 181090 17356 COMMUNITY SERVICES 0350 PARKS AND RECREATION: PAR 1,061.40 4.03 COMPUTER MONITOR FLATSCREEN Computer Equipment 181340 17397 Municipal Services and Infrast 0860 WATER SERVICES: WATER DIS 767.97 3.81 COMPUTER PRINTER Computer Equipment 184550 17448 Municipal Services and Infrast 0860 WATER SERVICES: WATER DIS 3,205.47 - COMPUTER PC Computer Equipment 195250 17473 Municipal Services and Infrast 0850 ELECTRICAL AND MECHANICAL 3,910.43 - COMPUTER LAPTOP/NOTE BOOK Computer Equipment 212080 17587 Municipal Services and Infrast 0860 WATER SERVICES: WATER DIS 262.66 - FIRST AID BOX Machinery and Equipment 041850 17646 COMMUNITY SERVICES 0320 HUMAN SETTLEMENT AND HOUS 357.89 0.10 CHAIR VISITOR Furniture and Office Equipment 000350 17668 FINANCIAL SERVICES 0540 INFORMATION AND COMMUNICA 1,616.99 - RADIO HOME BASE Machinery and Equipment 113440 17672 FINANCIAL SERVICES 0540 INFORMATION AND COMMUNICA 1,616.99 - RADIO HOME BASE Machinery and Equipment 117330 17821 CORPORATE SERVICES 0430 COMMUNICATION 1,616.99 - RADIO HOME BASE Machinery and Equipment 207900 17857 FINANCIAL SERVICES 0540 INFORMATION AND COMMUNICA 509.40 - RADIO TWO WAY Machinery and Equipment 213960 17899 Municipal Services and Infrast 0870 WATER SERVICES: WATER PUR 509.40 - RADIO TWO WAY Machinery and Equipment 217140 17974 COMMUNITY SERVICES 0320 HUMAN SETTLEMENT AND HOUS 1,522.45 0.69 CHAIR SWIVEL HIGH BACK Furniture and Office Equipment 004200 18111 STRATEGIC SERVICES 0730 TOWN PLANNING AND ENVIRON 306.69 0.14 CHAIR TYPIST Furniture and Office Equipment 009790 18400 Municipal Services and Infrast 0850 ELECTRICAL AND MECHANICAL 1,522.45 0.69 CHAIR SWIVEL HIGH BACK Furniture and Office Equipment 025400 18436 FINANCIAL SERVICES 0530 SCM 1,522.45 - CHAIR SWIVEL HIGH BACK Furniture and Office Equipment 026220 18584 FINANCIAL SERVICES 0530 SCM 582.51 0.26 CABINET HUB Furniture and Office Equipment 038200 19156 STRATEGIC SERVICES 0730 TOWN PLANNING AND ENVIRON 1,522.45 0.69 CHAIR SWIVEL HIGH BACK Furniture and Office Equipment 113910 19217 COMMUNITY SERVICES 0320 HUMAN SETTLEMENT AND HOUS 1,522.45 - CHAIR SWIVEL HIGH BACK Furniture and Office Equipment 119780 19670 Municipal Services and Infrast 0860 WATER SERVICES: WATER DIS 332.80 1.09 HEATING MANTLE Machinery and Equipment 136100 20910 Municipal Services and Infrast 0860 WATER SERVICES: WATER DIS 586.24 78.05 COD WARMER Machinery and Equipment 170050 21442 CORPORATE SERVICES 0420 HUMAN RESOURCES MANAGEMEN 2,117.15 1.00 CHAIR SWIVEL HIGH BACK Furniture and Office Equipment 222930 21657 COMMUNITY SERVICES 0320 HUMAN SETTLEMENT AND HOUS 762.96 - CHAIR SWIVEL HIGH BACK Furniture and Office Equipment 191300 22143 FINANCIAL SERVICES 0540 INFORMATION AND COMMUNICA 1,138.18 - RADIO HOME BASE Machinery and Equipment 114000 22161 FINANCIAL SERVICES 0540 INFORMATION AND COMMUNICA 1,138.18 - RADIO HOME BASE Machinery and Equipment 124290 22192 FINANCIAL SERVICES 0540 INFORMATION AND COMMUNICA 256.00 1.13 RADIO 2 WAY MOTOROLA Machinery and Equipment 144580 22196 FINANCIAL SERVICES 0540 INFORMATION AND COMMUNICA 256.00 1.13 RADIO 2 WAY MOTOROLA Machinery and Equipment 144870 22216 FINANCIAL SERVICES 0540 INFORMATION AND COMMUNICA 1,138.18 - RADIO HOME BASE Machinery and Equipment 157060 22278 Municipal Services and Infrast 0870 WATER SERVICES: WATER PUR 787.97 - CHARGER BATTERY RADIO ICOM Machinery and Equipment 196420 22280 Municipal Services and Infrast 0870 WATER SERVICES: WATER PUR 1,138.18 - RADIO HOME BASE Machinery and Equipment 196700 22282 FINANCIAL SERVICES 0540 INFORMATION AND COMMUNICA 1,138.18 - RADIO HOME BASE Machinery and Equipment 198140 22298 Municipal Services and Infrast 0860 WATER SERVICES: WATER DIS 3,287.00 13.13 HEATING MANTLE Machinery and Equipment 202600 22299 Municipal Services and Infrast 0860 WATER SERVICES: WATER DIS 3,287.00 13.13 HEATING MANTLE Machinery and Equipment 202640 22301 Municipal Services and Infrast 0860 WATER SERVICES: WATER DIS 3,287.00 13.13 HEATING MANTLE Machinery and Equipment 202670 23016 Municipal Services and Infrast 0841 WATER SERVICES: WASTE WAT 210,000.00 19,337.50 TRUCK NISSAN CRANE/CX16256 Transport Assets 119460 23017 Municipal Services and Infrast 0841 WATER SERVICES: WASTE WAT 120,000.00 10,917.65 TRUCK MERCEDES CRANE/CX4681 Transport Assets 116370 23022 Municipal Services and Infrast 0841 WATER SERVICES: WASTE WAT 138,240.00 11,059.13 TRUCK CRANE MERCEDES CX4681 Transport Assets 116371 23027 Municipal Services and Infrast 0841 WATER SERVICES: WASTE WAT 24,961.51 1,996.92 LDV NISSAN CX16256 Transport Assets 119461 23031 COMMUNITY SERVICES 0320 HUMAN SETTLEMENT AND HOUS 110,470.00 8,837.60 LDV NISSAN CX43886 Transport Assets 132100
198 Asset ID Service Desc. Dept. Department Desc. B/Fwd.Cost Carrying Value Description1 Bytes Category Description Bar Code
23047 COMMUNITY SERVICES 0354 PARKS AND RECREATION: SIM 110,470.00 8,837.60 LDV NISSAN CX43887 Transport Assets 157150 23071 Municipal Services and Infrast 0810 INFRASTRACTURE SERVICES 17,151.41 - TRAILER CX19196 Transport Assets 244010 23881 COMMUNITY SERVICES 0830 WASTE MANAGEMENT 209,060.00 15,404.11 TRUCK ISUZU CX33824 Transport Assets 132400 24138 COMMUNITY SERVICES 0340 PROTECTION SERVICES: FIRE 1,240.34 72.99 RADIO Machinery and Equipment 219270 24234 Municipal Services and Infrast 0860 WATER SERVICES: WATER DIS 964.91 125.83 HIGH BACK CHAIR Furniture and Office Equipment 221900 24246 FINANCIAL SERVICES 0570 EXPENDITURE 6,499.00 786.50 HIGH BACK CHAIR Furniture and Office Equipment 222820 24324 Municipal Services and Infrast 0875 PROJECT FACILITATION 3,282.00 254.01 COMPUTER PRINTER Computer Equipment 224190 24668 COMMUNITY SERVICES 0330 LIBRARY AND INFORMATION S 3,445.00 8.69 COMPUTER PC Computer Equipment 223190 24753 COMMUNITY SERVICES 0330 LIBRARY AND INFORMATION S 5,079.00 73.61 COMPUTER SWITCHBOX Computer Equipment 201930 24815 CORPORATE SERVICES 0430 COMMUNICATION 1,616.99 - RADIO HOME BASE Machinery and Equipment 222840 24966 Municipal Services and Infrast 0860 WATER SERVICES: WATER DIS 4,635.00 955.39 PH METER Machinery and Equipment 252680 24967 Municipal Services and Infrast 0860 WATER SERVICES: WATER DIS 12,200.00 2,514.63 PH METER Machinery and Equipment 228500 33154 FINANCIAL SERVICES 0550 BUDGET AND TREASURY OFFIC 2,495.00 1,068.62 Office Fridge Furniture and Office Equipment 246240 33181 Municipal Services and Infrast 0850 ELECTRICAL AND MECHANICAL 77,283.49 27,114.65 Scada Spec Computer Computer Equipment 243890 37107 FINANCIAL SERVICES 0540 INFORMATION AND COMMUNICA 6,274.48 1,865.18 ACCESS CONTROL UNIT SAGEM MORPH ACCESS J SERIESComputer Equipment 252960 37113 OFFICE OF THE MUNICIPAL MANAGE 0112 OFFICE:POLITICAL OFFICE B 6,274.48 1,865.18 ACCESS CONTROL UNIT SAGEM MORPH ACCESS J SERIESComputer Equipment 246530 37413 COMMUNITY SERVICES 0320 HUMAN SETTLEMENT AND HOUS 5,348.88 1,516.69 ROUTER BOARD Computer Equipment 234500 37544 FINANCIAL SERVICES 0540 INFORMATION AND COMMUNICA 375.60 - COMPUTER ROUTER Computer Equipment 229660 37875 FINANCIAL SERVICES 0540 INFORMATION AND COMMUNICA 256.00 0.02 RADIO HOME BASE Machinery and Equipment 186550 37879 COMMUNITY SERVICES 0340 PROTECTION SERVICES: FIRE 1,616.99 - RADIO HOME BASE Machinery and Equipment 215250 37920 COMMUNITY SERVICES 0330 LIBRARY AND INFORMATION S 1,700.00 484.66 RESENSITIZER Computer Equipment 240830 37921 COMMUNITY SERVICES 0330 LIBRARY AND INFORMATION S 7,995.00 2,279.57 DESENSITIZER Computer Equipment 240840 38394 FINANCIAL SERVICES 0540 INFORMATION AND COMMUNICA 8,184.78 3,274.96 COMPUTER LAPTOP/NOTE BOOK Computer Equipment 238730 42793 COMMUNITY SERVICES 0322 PARKS AND RECREATION: BEA 373.56 30.70 CHARGER BATTERY Machinery and Equipment 108680 42794 COMMUNITY SERVICES 0322 PARKS AND RECREATION: BEA 373.56 30.70 CHARGER BATTERY Machinery and Equipment 108700 42894 Municipal Services and Infrast 0860 WATER SERVICES: WATER DIS 204.29 0.01 MACHINE BLOWER Machinery and Equipment 252720 43416 CORPORATE SERVICES 0420 HUMAN RESOURCES MANAGEMEN 2,450.00 1,397.07 HIGH BACK LEATHER CHAIR Furniture and Office Equipment 252210 43417 CORPORATE SERVICES 0420 HUMAN RESOURCES MANAGEMEN 2,450.00 1,397.07 HIGH BACK LEATHER CHAIR Furniture and Office Equipment 252220 43420 CORPORATE SERVICES 0420 HUMAN RESOURCES MANAGEMEN 2,450.00 1,397.07 HIGH BACK LEATHER CHAIR Furniture and Office Equipment 252250 43422 CORPORATE SERVICES 0420 HUMAN RESOURCES MANAGEMEN 2,450.00 1,397.07 HIGH BACK LEATHER CHAIR Furniture and Office Equipment 252270 43425 CORPORATE SERVICES 0420 HUMAN RESOURCES MANAGEMEN 2,450.00 1,397.07 HIGH BACK LEATHER CHAIR Furniture and Office Equipment 252300 43512 COUNCIL 0140 OFFICE OF THE SPEAKER 11,800.00 5,755.23 HP PROBOOK 430 G3 Computer Equipment 247770 43516 COMMUNITY SERVICES 0320 HUMAN SETTLEMENT AND HOUS 6,605.11 3,518.63 HP 280 I3 DESKTOP Computer Equipment 248520 45530 STRATEGIC SERVICES 0740 PLANNING AND ECONOMIC DEV 293.92 186.68 RICKSTACKER SIDE CHAIR Furniture and Office Equipment 256890 45599 FINANCIAL SERVICES 0540 INFORMATION AND COMMUNICA 7,988.85 5,584.40 COMPUTER LAPTOP HP PROBOOK 450 G4 I3 Computer Equipment 260200 47207 CORPORATE SERVICES 0430 COMMUNICATION 8,692.78 1,517.56 COMPUTER LAPTOP/NOTE BOOK 233560Computer Equipment 233560 48115 COMMUNITY SERVICES 0343 PROTECTION SERVICES: LAW 4,187.73 195.84 COMPUTER PC Computer Equipment 18822 48116 COMMUNITY SERVICES 0340 PROTECTION SERVICES: FIRE 509.40 37.83 RADIO TWO WAY Machinery and Equipment 20249 48224 COMMUNITY SERVICES 0343 PROTECTION SERVICES: LAW 5,349.00 911.49 COMPUTER PC Computer Equipment 21834
1,219,477.37 145,572.08
199 SECTION 3 CORPORATE SERVICES Section 3: Corporate Services
ITEM C/3/163/08/20
PROMULGATION: BY – LAW RELATING TO THE RULES OF ORDER FOR THE CONDUCT OF MEETINGS OF THE COUNCIL OF BITOU LOCAL MUNICIPALITY
Directorate: Corporate Services Demarcation: All Wards Portfolio Comm: Corporate and Community Services Delegation: Council
File Ref: 3/2/1/7
Attachments: Annexure A – Copy of Extraordinary Provincial Gazette Number 8224 dated 24 March 2020
Report From: Acting Director Corporate Services
Author: Acting Director Corporate Services
Date: 13 August 2020
PURPOSE
To inform Council that the “Rules of Order” for Council meetings was promulgated (gazetted) on 24 March 2020 per the Extraordinary Provincial Gazette No. 8224 dated 24 March 2020.
BACKGROUND
Council had approved the Rules of Order at a Council meeting held on 01 November 2019 and resolved, amongst other that the Rules of Order should be promulgated. The latter had been finalized on 24 March 2020.
Attached as Annexure A, a copy of the promulgated “Rules of Order”.
LEGISLATION
Local Government: Municipal Structures Act (Act 117 of 1998) Local Government: Municipal Systems Act (Act 32 of 2000)
COMMENTS MANAGER LEGAL SERVICES
201 Section 3: Corporate Services
The recommendation of the Municipal Manager is supported.
RECOMMENDED BY THE MUNICIPAL MANAGER
That Council take note of the promulgation of the “Rules of Order” as per Extraordinary Provincial Gazette No. 8224 dated 24 March 2020.
RECOMMENDED BY THE EXECUTIVE MAYOR
That Council take note of the promulgation of the “Rules of Order” as per Extraordinary Provincial Gazette No. 8224 dated 24 March 2020.
202 Annexure "A"
8224 8224
Tuesday, 24 March 2020 Dinsdag, 24 Maart 2020
Registered at the Post Offõce as a Newspaper
CONTENTS
(*Reprints are obtainable at Room M21, Provincial Legislature Building, 7 Wale Street, Cape Town 8001.)
LOCAL AUTHORITY Bitou Local Municipality: By-Law Relating to the Rules of Order for the Conduct of Meetings of the Council of Bitou Local Municipality... 2
203 2 Province of the Western Cape: Provincial Gazette Extraordinary 8224 24 March 2020
BITOU LOCAL MUNICIPALITY
BY-LAW RELATING TO THE RULES OF ORDER FOR THE CONDUCT OF MEETINGS OF THE COUNCIL OF BITOU LOCAL MUNICIPALITY
Under the provisions of section 156 of the Constitution of the Republic of South Africa, 1996, the Bitou Local Municipality, enacts as follows:–
204 24 March 2020 Province of the Western Cape: Provincial Gazette Extraordinary 8224 3
PAGES DEFINITIONS Pg 4 CHAPTER I: APPLICATION OF BY LAWS Pg 5 CHAPTER 2: MEEETINGS Pg 6-10 Chairing of meetings Commencement of meeting Order of business Speaker may introduce urgent matter Business to be transacted Meetings and agendas Attendance at Meetings Leave of Absence Sanction for non -attendance Minutes Quorum
CHAPTER 3: DECISIONS Pg 11-13 Unopposed Matters Manner of Voting Decisions Unopposed issues Rescission of decisions
CHAPTER 4: PUBLIC ACCESS Pg13-14 Admittance of Public Non-disclosure of matters Exclusion of the public and media from meetings Re-admission of public and media to meetings Invitation to non-member Deputations CHAPTER 5: ORDER AT MEETINGS Pg15-16 Conduct of non-members and members of the public Conduct of members Offences
CHAPTER 6: RULES OF DEBATE Pg16-25 Member to address speaker Order of Priority Precedence of speaker Relevance Right to speak and limitation Length of speeches
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Re-introduction of motion or question Notices of motion Notices of question Absence of mover or questioner Motions and questions on matters dealt with by a committee Recommendation by executive mayor or committee regarded as motion Questions Motion of exigency Motions of course Point of order Point of explanation Withdrawal of motion, amendment or question Speaker is ruling on points of order and explanation Order of debate Amendment of motion Postponement of consideration of the matter Adjournment of council to another date Adjournment of council for a specified time Adjournment of debate Voting on a Matter Removal of matter from the agenda
CHAPTER 7: PROCESS OF ADOPTION OF BY-LAWS Pg 25-26 Submission of draft by-law First submission to council Submission by executive mayor Publication Second submission to council Debating procedure
CHAPTER 8: GENERAL PROVISIONS Pg 27-28 Official languages Privileges and immunities for councilors Municipal employees Offences and penalties Revocation of by-laws Short title and commencement
SCHEDULE 1: STANDARD PROCEDURES FOR NON- Pg 29-32 ATTENDANCE BY MEMBERS SCHEDULE 2: REPEAL OF BY-LAW Pg 32
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1. Definitions
In this by-law, the Afrikaans text prevails in the event of any conflict with the English text, and unless inconsistent with the context– “Code” means the Code of Conduct for councillors set out in Section 54 and Schedule 1 of the Local Government : Municipal Systems Act, 2000 (Act 32 of 2000); “committee” means a committee established by council in terms of section 79 or 80 of the Local Government : Municipal Structures Act, 1998 (Act 117 of 1998), or any other committee established by council for a specific purpose; “Constitution” means the Constitution of the Republic of South Africa, 1996; “council” means the municipal council of Bitou Local Municipality; “councillor” means a member of the municipal council of Bitou Local Municipality and includes a member of any committee established by the council; “MEC” means the Member of the Executive council responsible for local government in the province of the Western Cape; “meeting” means the meetings of the municipal council and any committee established by council; “member” means a member of the municipal council and any committee established by council; “motion” means a motion of which written notice is given by a member, but shall not include a motion as contemplated by sections 43 and 44 and order motions as set out in section 48; “municipal manager” means the person appointed by council in terms section 54A of the Systems Act or a person delegated by the municipal manager; “municipality” means the Bitou Local Municipality established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and includes any political structure, political office bearer, councillor, duly authorised agent or any employee acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub- delegated to such political structure, political office bearer, councillor, agent or employee; “notice” means notice given of meetings which notice must be in writing including notice by electronic mail and cellular phone; “party” means a party as defined in the Structures Act, “removal” means shall apply in the following circumstances: 1. when there is a motion to remove a member of council and such motion is voted for by the majority 2. where the person has been declared unfit and not proper to preside over a meeting, such removals shall be determined in line with 1 above. 3. by order of court. “rules” means the provisions of this by-law (alternatively these Rules of Order);
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“speaker” means the member elected as chairperson of the council or any other member elected as chairperson of the council and the chairpersons of committees established by council and members acting in those capacities; “Systems Act” means the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000); “Structures Act” means the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998); and “whip” means a member of a party in the council appointed by that party as whip to assist (alternatively, together with the chief whip) with the functioning of the council in terms of this by-law.
CHAPTER 1: APPLICATION OF BY-LAW
2. Application
(1) This by-law applies to– (a) all meetings of the Council and Committees (b) all committees of council established in terms of sections 79 or 80 of the Structures Act and all meetings that are the result of any of the aforementioned; and (c) any other committee established by council for a specific purpose. The committee referred to herein shall have its own rules which may not deviate in principal from these rules. (d) except where it is clearly inappropriate, a section applying to members in any proceedings, shall also apply to a non-member who takes part in those proceedings with the approval of the speaker. (2) Notwithstanding the provisions of sub section (1), the provisions of this section shall not apply to the Attendance Committee as contemplated in the Schedule to this by-law or any special committee established by council in terms of item 14(1) (b) of the Code.
3. Supplementation
(1) The speaker may make a ruling with regard to the application of this by-law and in respect of any eventuality for which this by-law does not make provision and no further discussion shall be allowed on the ruling. (2) Notwithstanding the provisions of section 52, the speaker may order that the council adjourn for a specific time, not exceeding one hour, should circumstances require this. (3) The speaker’s decision will be final and binding on all councillors and the public. (4) The ruling of the speaker must be entered in the minutes.
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CHAPTER 2: MEETINGS
4. Chairing of meetings
(1) The speaker shall be the chairperson at all meetings of the Council, unless the speaker is removed, resigned and ceases to be a councillor. (2) Should the speaker: (a) not be present at a meeting or fails to attend a duly convened and scheduled meeting. (b) be removed as the speaker (c) decides during the meeting proceedings not to further preside in a meeting without having requested to be recused in the meeting proceedings (d) adjourns a meeting without following proper processes in line with this by- law (e) refuses to conduct himself in a decorum that requires a conduct of the speaker as laid down in the Act and this by-law. An acting speaker for that meeting will be elected from the members present in the meeting by casting a vote in which the majority of votes will determine the acting speaker. (3) Where the office of the speaker becomes vacant, the municipal manager must call a special council meeting for the purpose of electing a speaker, at a date and time determined by him, provided that such special meeting must take place within 14 days after the office became vacant. (4) If the office of the speaker becomes vacant at any time during a meeting, an acting speaker for that meeting must be elected from the members present at the meeting as indicated in the circumstances mentioned in (2) above. (5) The municipal manager, or in the absence of a municipal manager, a person designated by the MEC, presides over the election of a speaker.
5. Commencement of Meeting
The speaker must take the chair precisely at the time for which the meeting is convened and must proceed immediately with the business of the meeting subject to section 14.
6. Order of Business
(1) The business of meetings will appear in the following order on the agenda– (a) election of acting speaker if necessary; (b) applications for leave of absence; (c) declaration of interests; (d) confirmation of minutes for the previous meeting including special meetings Page 6 of 32
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(e) noting of implemented council resolutions; (f) statements and communications by the speaker; (g) statements and communications by the executive mayor; (h) interviews with deputations (if approved by the Council); (i) consideration of reports/ information; (j) urgent matters submitted by the municipal manager; (k) consideration of notices of motion; (l) consideration of notices of questions; (m) consideration of motions of exigency; (n) consideration of items and matters not finalized; (2) The speaker may change the order of the business appearing on the agenda. (3) A member who wishes to have the order of business on the agenda changed must approach the speaker with this request prior to the meeting, but any changes remain the prerogative of the speaker. (4) Agendas may be provided in electronic format.
7. Speaker may introduce urgent matters
The speaker, may at any time and without notice make statement or introduce urgent matters and such matters may be discussed if the majority of the members agree thereto.
8. Business to be transacted
Except as otherwise provided in these rules, no matter not specified in the agenda of a meeting of the council shall be transacted at such meeting.
9. Meetings and agendas (1) The speaker or a person designated by the speaker must prepare the agenda for a meeting in consultation with the designated official or municipal manager. (2) All meetings must be open to members of the public unless they are excluded in terms of section 21. (3) The council must meet at least quarterly and a notice must be issued at least within a period of 5 working days prior to the commencement of such meeting . (4) The speaker must decide when and where the council meets, but if a majority of the members request the speaker in writing to convene a meeting, the speaker must convene a meeting at a time as set out in the request. (5) (a) If the speaker fails to convene a special council meeting referred to in subsection (4), the majority of members may request the municipal manager to convene such meeting and the municipal manager must convene such meeting at a time set out in the request. (b) A notice by the majority of members must clearly indicate the business that will be conducted at the special council meeting. No other business, except with Page 7 of 32
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the agreement of a majority of members, may be conducted at the special council meeting. (6) The municipal manager must, at the direction of the speaker, give notice in writing to each member of every meeting decided upon in terms of subsections (4) and (5). (7) The speaker in his or in her absence, must determine whether a meeting is urgent or not. (8) In the case of an urgent or special meeting at least 24 hours notice must be given of the meeting or such lesser period as the speaker may determine. (9) The speaker cannot refuse to put an item in the agenda without reason and justification. (10) The municipal manager must give notice to the public of the day, time and venue of every meeting by publishing a notice in a local newspaper determined by him or her; provided that he or she may depart from this requirement when the time constraints make this impossible in respect of urgent meetings. (11) Each member of the municipal council must submit in writing an electronic mail address, a recognised and traceable mobile telephone number for instant messaging as well as a physical address within the Bitou Local municipal area where he or she can receive notification of meetings and other official correspondence. Electronic notice of a meeting or any other official correspondence to any of the addresses or numbers provided will constitute proper notice of meetings. (12) Alternatively hard copies of agendas and all official correspondence may be made available at the various municipal offices provided it is practical or economical to do so in the circumstances. (13) Recording of Councillor’s presence at the meeting shall be kept in the records of Council.
10. Attendance at Meetings
(1) Every member attending a meeting of the council or a committee of which he or she is a member must sign next to his or her name in the attendance register kept for such purpose. (2) A member must attend each meeting of the council or a committee of which he or she is a member except when– (a) leave of absence is granted in terms of section 11 of this bylaw; or (b) the member is required to withdraw in terms of law. 11. Leave of Absence
(1) A member who wishes to absent himself or herself from a meeting of council or a committee must make an application to the speaker in writing at least 24 hours
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before the commencement of the meeting. A member requesting such absence must, (i) send an e-mail (ii) send sms from a traceable mobile phone to the speaker in and such communication will be acceptable in this regard. (2) Upon receipt of the application referred to in sub section (1), the speaker must consider the application, and may approve or reject the application upon considering the justifiable reasons for such request. The speaker must notify the member of his or her decision, and reasons in case of refusal, at least 24 hours before the commencement of the meeting. (3) The speaker may grant leave of absence to a member who has been prevented by special circumstances from applying for leave of absence in accordance with sub section (1). (4) The special circumstances referred to in sub section (3) may include– (a) illness of the member; or (b) illness or death of close relatives of the member; or (c) a member being on official business of council. (5) Sub sections (1) to (4) apply, with the necessary changes, in respect of the speaker, and in such application, a reference in those sub sections to the speaker is regarded to be a reference to the council. (6) A member, who without permission, refrains from remaining in attendance at a meeting shall be regarded as being absent without leave. (7) The names of all members to whom leave of absence from any meeting has been granted and those of all members who absent themselves without leave from any meeting or who fail to remain in attendance at a meeting, must be recorded in the minutes or report(s) relating to such meeting.
12. Sanction for non-attendance
Subject to the provisions of the Code, the speaker must act in accordance with the standing procedures as reflected in Schedule 1 to this by-law against members who do not comply with sections 10 and 11 of this by-law.
13. Minutes
(1) All meeting proceedings shall be recorded in written typed minutes and must be recorded electronically. (2) The municipal manager shall compile the minutes within two weeks of the meeting in printed format and submit them to council or committee for confirmation e at the next ordinary meeting. (3) The Speaker must sign the approved minutes of council or committee
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(4) In exceptional cases where there is uncertainty regarding a specific item in the minutes, the minutes may be approved without that item and it must be noted in the minutes, which item must then be approved at the next meeting in its existing or amended form. The electronic version of the minutes must be kept in terms of council’s electronic records management policy. (5) For the purpose of confirmation, the minutes shall be taken as read if a copy, including an electronic copy, was sent to each member within 48 hours before the next meeting. (6) No motion or discussion shall be allowed on the minutes, except in connection with the correctness thereof. (7) If a member is dissatisfied with the correctness of the minutes, he or she must– (a) state the item with which he or she is dissatisfied; and (b) propose a motion outlining the alternative wording to amend the minutes.
14. Quorum
(1) A majority of the members shall constitute a quorum to commence with a meeting. (2) If there is no quorum at the time for which the meeting is scheduled, the speaker or acting speaker must take the chair as soon as a quorum is present. (3) Whenever there is no quorum to commence with a meeting, the start of the meeting must be delayed for no longer than 30 minutes and if at the end of that period, there is no quorum, the speaker or acting speaker must adjourn the meeting to another time, date and venue at his or her discretion and record the names of those members present. (4) Whenever the speaker is not present and there is no quorum, the start of the meeting must be delayed for no more than 30 minutes from the scheduled time and if there is no quorum at the end of that period, no meeting shall take place and the municipal manager must record the names of the members present. (5) Whenever during a scheduled meeting, it appears that there is no quorum before any decision could be made on any item on the agenda of the meeting, the speaker must suspend the proceedings until a quorum is confirmed, provided that if after 10 minutes there is still no quorum the speaker must adjourn the meeting and the subsequent matter must be pended until the next scheduled meeting. (6) Whenever a scheduled meeting is adjourned owing to the absence of a quorum, the time of such adjournment, as well as the names of the members present, must be recorded in the minutes and be reconciled with the members who had signed in for attendance in the attendance register. (7) The municipal manager must report the names of the absent members to the speaker in terms of Item 4 of the Schedule for the purposes of an investigation in terms of Item 5 of the Schedule.
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CHAPTER 3: DECISIONS
15. Unopposed Matter
Whenever council is called upon to consider a matter before it and there is no opposition from any member, a unanimous vote must be recorded in the minutes.
16. Manner of Voting
(1) The speaker must put every opposed motion to the vote by calling upon the members to indicate by a show of hands, unless otherwise prescribed by law, whether they are for such motion or against it, whereupon the speaker must declare the result of such vote in an appropriate manner. (2) If the member presents a request to the speaker that a vote on a particular item on the agenda shall be decided on a vote by way of a secret ballot, such request shall be done accordingly. It must be noted that the majority rule shall apply in the subsequent outcome of the vote. (3) If there is an equality of votes in respect of a motion on which voting takes place in accordance with subsections (1) and (2), the speaker must exercise his casting vote, in addition to his deliberative vote, provided that the speaker may not exercise a casting vote in terms of any matter set out in section 160(2) of the Constitution of the Republic of South Africa, 1996. (4) Immediately after a matter has been put to the vote, or immediately after a decision reached by a showing of hands, and the result of which is announced by the speaker, any two members may demand a head count, and the speaker must request those members who support the demand to stand up in their places. (5) Whenever a head count is going to take place, the speaker must announce it and voting must commence immediately. (6) Whenever a head count is taking place the municipal manager must call the names of all the members in alphabetical order, note the vote of every attending member as “for” or “against” and note the names of the absent members. (7) The speaker must announce the decision of council based on the result of the head count as well as the number of members who voted for and against the decision. (8) All head count votes must be entered into the minutes. (9) Upon the speaker’s declaration of the result of a vote, a member may demand for his or her vote to be recorded against the decision concerned and the municipal manager shall ensure that such vote is recorded in the minutes. (10) A member may abstain from voting on any matter and such abstention must accordingly be recorded in the minutes.
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17. Decisions
(1) In accordance with the Constitution of the Republic of South Africa, 1996, a supporting vote of a majority of the members shall be necessary to decide on–
(a) the passing of by-laws; (b) the approval of the budget; (c) the imposition of rates and other taxes, levies and duties; (d) the raising of loans (2) In accordance with the Structures Act, 1998 a supporting vote of at least two- thirds of the members shall be necessary to adopt a decision to dissolve the council during its term or subject to an election pronouncement. (3) Subject to section 42(3) all other questions are decided by a majority of votes cast.
18. Unopposed matters or issues
(1) When a meeting has been in progress for at least one hour, the speaker may interrupt the proceedings and instruct council to immediately deal with all unopposed matters on the agenda should he be of the opinion that, the delays on the deliberations are unreasonable. (2) When all unopposed matters or issues have been brought to a close, proceedings must be resumed at the point where it was interrupted, unless all other remaining matters have been postponed to the next meeting. (3) An item on the agenda is deemed an opposed matter if, immediately after the speaker gave notice to the meeting that the matter is open for discussion, a member gives notice that he or she is intending to discuss such item, provided that no item is deemed opposed merely because questions are posed in connection therewith.
19. Rescission of resolutions
(1) A member who wishes council to rescind or amend a resolution taken at a meeting, must deliver to the municipal manager a notice of motion in writing stating the following- (a) at which meeting the motion will be introduced; (b) that the resolution be reviewed for the purpose of rescission or amendment as the case may be; and (c) in the case of amendment, the exact amendment desired (d) whether there will be legal or financial implications to be caused by such amendment.
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(2) Where a committee has resolved to recommend to the council that a resolution of the council be rescinded or amended, notice of intention to move such rescission or amendment must be given by the inclusion of such recommendation in a report of the committee to the council upon which the municipal manager must provide each member with a copy thereof at least twelve hours before the meeting at which the recommendation will be considered. (3) Except upon the recommendation of a committee, a resolution may not be reviewed at any meeting of the council unless supported by the majority of the members present at such meeting. (4) There shall be no debate on such motion to review, save that the member or the chairman of the committee giving notice shall have the right to briefly state the reasons therefore.
CHAPTER 4: PUBLIC ACCESS
20. Admittance of Public
The speaker must take reasonable steps to regulate public access to public conduct at meetings as well as the safety of persons.
21. Non-disclosure of matters
(1) Whenever the municipal manager at his or her discretion has provisionally placed any matter on a part of the agenda which will not be disclosed to the public before the meeting, the speaker, when such matters are to be considered, the speaker must– (a) direct that the members consider whether it would be reasonable for any or all of the items on such part of the agenda to be considered without the presence of the public, with due regard to section 160(7) of the Constitution of the Republic of South Africa, 1996, which requires that the public and media may only be excluded from being present at a meeting only when it is reasonable to do so, having regard to the nature of the business being transacted; and (b) where the majority of members present support such exclusion, direct that all members of the public leave the venue of the meeting in respect of those items to be dealt with in the absence of the public; (2) The motivation for the exclusion of the public must be recorded in the minutes of the meeting. (3) Any items from which the public will not be excluded must be considered directly after the procedure as set out in subsection (1).
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22. Exclusion of the public and media from meetings
(1) The public, including the media, may be excluded from any meeting– (a) where so directed by the speaker in terms of section 21 of this by-law; or (b) where so decided by council in terms of subsection (3). (2) If a motion to exclude the public is seconded, it must be put to the vote forthwith without discussion. (3) If, after due consideration of the reasons stated such motion is carried, the place of meeting shall be cleared of all members of the public, including the media. (4) Members of the public do not have access to meetings of the mayoral committee, unless otherwise directed by the executive mayor.
23. Re-admission of public and media to meetings
(1) A member may during the course of the meeting from which the public and the media were excluded, move “that the meeting again be opened” and state the reasons for such motion. (2) If such motion is seconded it must be put to the vote forthwith without discussion.
24. Invitation to non-member The speaker may invite a person who is not a member of council to address council or to attend a meeting in order to express his or her opinion on a matter before council. A time limit of 15 minutes, or any such time as may be allowed by the meeting, will apply.
25. Deputations
(1) A deputation that wishes to make representations to council must give six working days written notice to the municipal manager of such intention and must provide detail of the presentations that will be made and the source of the deputation. (2) The municipal manager must submit a report to the speaker, together with his or her comments and recommendations, and the speaker may decide whether to grant or refuse a request for such an audience, and if granted, upon which conditions.
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CHAPTER 5: ORDER AT MEETINGS
26. Conduct of non-members and members of the public
If a non-member or member of the public misbehaves, behaves in an unseemly manner, or obstructs or disrupts the business of any meeting, the speaker may order that he or she should leave the meeting or be removed from the meeting.
27. Conduct of members
(1) If a member–
(a) misbehaves, or (b) behaves in an unseemly manner, or (c) obstructs the business of a meeting, or (d) challenges the ruling of the speaker on any point of order or ruling in terms of section 3(1), or (e) declines to withdraw any expression when required to do so by the chairperson, or (f) indulges in tedious repetition or unbecoming language, or (g) commits any breach of this by-law,
the speaker must direct such member to conduct himself or herself properly and, if speaking, to discontinue his or her speech.
If a member is found to have bridged the conduct of Council as laid bare in (1) above, the member shall be removed from Council chambers suspended for a period which will be appropriate to the set rules of the Council.
(2) If a member is found to have bridged the conduct of Council as laid bare in (1) above, the member shall be removed from Council chambers suspended for a period which will be appropriate to the set rules of the Council.
(3) In the event of a persistent disregard of the directions of the speaker, he or she shall direct such member to retire from the place of meeting for the remainder of the meeting and may, if necessary, cause him or her to be removed from the meeting.
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(4) Where a member is guilty of the conduct in subsections (1) or (2), the speaker may act against such member in terms of Item 13 of the Code of Conduct for Councillors. (5) All Council members are expected to dress in an appropriate manner which shall be neat and presentable at all times when attending Council meetings and performing their duties unless otherwise agreed and approved by Council.
28. Offences
Any non-member or member of the public who–
(a) refuses or fails to comply with a direction of the speaker given in terms of sections 26 and 27; or (b) returns to the place of meeting prior to the conclusion of the meeting from which he was directed to retire; or (c) offers resistance whilst being removed from the place of meeting; shall be guilty of an offence and liable on conviction to a fine or imprisonment or either such fine or imprisonment or to both such fine and such imprisonment.
CHAPTER 6: RULES OF DEBATE
29. Member to address speaker
(1) A member who speaks at a meeting must appropriately address the speaker in the following manner: (1.1) should be recognised by the speaker by way of either switching on the microphone or by show of hand whilst sitting down. (1.2) may articulate and address the speaker in a language that is appropriate for council deliberations in a more professional manner as recognised by the council communication language policy. (1.3) Council may use services of an interpreter under exceptional circumstances in an instant request of a member, if the speaker is of the opinion that it is necessary to use such services.
30. Order of Priority
When a member wishes to address the council, he or she must first have the permission of the speaker and must raise his or her hand in order to obtain permission to speak.
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31. Precedence of speaker
Whenever the speaker addresses the meeting, all members must be silent so that the speaker may be heard without any interruption.
32. Relevance
(1) A member who speaks must direct his or her speech strictly to the subject or matter under discussion or to an explanation or to a point of order. (2) No discussion shall be permitted– (a) which will anticipate any matter on the agenda; or (b) on any matter in respect of which a decision by a judicial or quasi-judicial body or a commission of enquiry is pending.
33. Right to speak and limitation
(1) A member may speak or proceed to speak at a council meeting after being recognised by the speaker. (2) A councillor who is not a member of a committee has the right to speak at that committee meeting provided that such councillor has been invited in writing by the chairperson to attend such meeting for a specific item on the agenda. (3) Councillors who attend and speak at a committee meeting without being invited, will not be protected by the Western Cape Privileges and Immunities of Councillors Act, 2011 (Act No 7 of 2011). (4) A member may only speak once– (a) to the matter before the council; (b) to any motion before the council; (c) to any amendments to the matter before the council; (d) to a matter or an amendment proposed or to be proposed by himself or herself; (e) to a point of order or a question of privilege; unless authorised by the speaker or as provided for in terms of this by-law. (5) The mover of an original motion may speak to the motion and reply but in replying he or she shall strictly confine himself or herself to answering previous speakers and shall not introduce any new matter into the debate. (6) The right of reply shall not extend to the mover of an amendment, which having been carried has become the substantive motion.
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34. Length of speeches
(1) Except with the consent of the speaker, no member may speak for more than five minutes on any matter. (2) The mover of an original motion or of any amendment may however speak for five minutes on such motion or amendment.
35. Re-introduction of motion or question
No motion which has been rejected by the council and no question asked in terms of the by-law and dealt with at any meeting may again be moved or asked within a period of three months of such meeting except with the consent of the speaker.
36. Notices of motion
(1) The speaker may, subject to section 40 of this by-law, and excluding an urgent motion of order, not accept any motion unless notice thereof has been given in terms of subsection (2). (2) Every notice of intention by a member to introduce a motion must be in writing, motivated, signed and dated and delivered to the municipal manager at least six working days before the date of the meeting on which it is intended to be introduced. (3) The speaker must either put the motion in the agenda or refer such motion to the committee which is dealing with the matter.
37. Notices of question
(1) Subject to section 41, the speaker may not accept any question unless notice thereof has been given in terms of subsection (2). (2) Every notice of intention by a member to introduce a question must be in writing, motivated, signed and dated and delivered to the municipal manager at least six working days before the date of the meeting on which it is intended to be introduced. (3) The member to whom such question is posed, may answer the question at the meeting referred to in subsection (2) or, if the member elects to answer the question in writing, he or she may do so within six work days after the meeting.
38. Absence of mover or questioner
(1) In the event of the mover or questioner not being present in his or her place at the meeting of the council when called upon by the speaker to move a motion or ask a
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question standing in his or her name on the agenda, such motion or question shall lapse, unless the original mover or questioner has notified the speaker in writing of a substitute to move the motion or ask the question.
39. Motions and questions on matters dealt with by a committee
(1). A member may not give notice of a motion or question in regards to any matter assigned to a committee unless such motion has previously been submitted to such committee or unless such motion is in the form of a reference to such committee. (2). The chairperson of a committee may, if he or she is of opinion that the matter is one of urgency, give notice of his or her intention to introduce a motion or ask a question on a matter assigned to such committee, notwithstanding the fact that such motion or question has not received the prior consideration of the committee.
40. Recommendation by committee regarded as motion
(1) The adoption of a recommendation contained in a report submitted by a committee to the council shall be deemed to have been moved by the chairperson of such committee or in his or her absence, or when he or she contests the motion, by a member of such committee deputed by him or her to act at the time when the speaker of the meeting intimates that such recommendation is open for discussion, and no such motion need be seconded, nor shall the chairman of such committee be thereby precluded from exercising his or her right to speak thereon. (2) The chairperson referred to in subsection (1), may, however, speak on the matter and reply but in replying he or she shall strictly confine himself or herself to answering previous speakers and shall not introduce any new matter into the debate. (3) The provisions of sub sections (1) and (2) also apply to recommendations by the executive mayor.
41. Questions
(1) After any motion or amendment has been moved and seconded or at the conclusion of any speech thereon a member may ask any question relevant to such motion or amendment. (2) No supplementary questions may be asked except by the member asking the original question and then only in respect of matters arising out of the reply to such original question.
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(3) The speaker may not disallow any such question, provided that the member to whom such question is directed may either reply thereto forthwith or require that notice thereof be given in terms of section 37.
42. Motion of exigency
(1) A member may direct the attention of the council to any matter which does not appear on the agenda and of which no previous notice has been given, by stating briefly the subject of the matter and without comment thereon moving “that the motion to which attention has been directed be considered forthwith as a matter of exigency.” (2) Such motion is herein referred to as a motion of exigency. (3) If such motion is seconded and carried by a majority of the members present, the mover shall be permitted without notice to bring the matter under consideration by way of motion or question.
43. Motions of course
In addition to those provided for elsewhere in this by-law, the following shall be regarded as motions of course– (a) that preference is given to the consideration of any item on the agenda; (b) that any report referred to in the agenda be noted, adopted, acted upon or referred back; and (c) that any document before the council be acted upon in the manner specified in the motion.
44. Point of order
(1) A member may interject during a meeting to raise a point of order to a breach of the rules or a statutory provision. (2) A point of order may be raised in relation to–
(a) a procedural matter; or (b) the conduct of a member, a member of the public, or an employee of the municipality. (3) A member raising a point of order must immediately be heard, and he or she must– (a) state the point of order; and (b) the rule or statutory provision that is being breached.
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(4) A member who is speaking when a point of order is raised must immediately stop speaking until the point of order is ruled on by the speaker. All other matters before the meeting must be suspended until the point of order is ruled on. (5) If ruled to be in order, the member must be allowed to proceed with his or her speech. (6) If ruled to be out of order, the member must remain silent or must retract or change any remarks so as to comply with the ruling. (7) The speaker’s ruling on a point of order is final and not open to debate, and it must be entered in the minutes.
45. Point of explanation
(1). The speaker may allow a member to raise a point of explanation provided that such explanation shall be confined to some material part of the debate which may have been misunderstood.
46. Withdrawal of motion, amendment or question
(1) A motion or amendment may without debate and with the permission of the seconder and council, be withdrawn by the mover. (2) A member may not speak on such motion or amendment after council has agreed to the withdrawal of such motion. (3) A question may be withdrawn by the member intending to put it.
47. Speaker’s ruling on points of order and explanation
(1) The ruling of the speaker on a point of order or an explanation shall be final and not open to discussion. (2) The ruling of the speaker on any point of order raised as to the interpretation of this by-law shall be entered in the minutes.
48. Order of debate
When a matter is under debate at any meeting of council, no further motion shall during such discussion be received except the following–
(1) that the motion be amended; (2) that the consideration of the matter be postponed; (3) that the public and the media be excluded; (4) that the public and the media be readmitted;
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(5) that council now adjourn; (6) that council adjourn for a specified time; (7) that the debate be adjourned; (8) that the matter be put to the vote; (9) that council proceed to the next business.
49. Amendment of motion (1) Every amendment must be relevant to the motion on which it is moved. (2) An amendment must, if required by the speaker, be in writing, signed by the mover and handed to the speaker. (3) An amendment must be read before being moved. (4) An amendment may not be discussed or put to the council until it has been seconded. (5) If there is more than one amendment to a motion the amendment last proposed must be put to the vote first and if carried the matter shall be resolved accordingly. (6) If the amendment last proposed is rejected the amendment proposed immediately prior to the last amendment shall be put to the vote. (7) No further amendment shall be moved to a motion or amendment after the speaker has commenced to take the vote upon such motion or amendment.
50. Postponement of consideration of the matter
(1) A member may at the conclusion of a speech move that the consideration of the matter be postponed to a fixed or undetermined date. (2) Such motion must be seconded but the motion need not be in writing, provided that the seconder shall not be permitted to speak. (3) The mover shall be permitted to speak to the motion for a period not exceeding five minutes and the seconder shall not speak except for seconding the motion. (4) Upon such motion being made, the mover of the matter under debate may without prejudice to his or her ultimate right to reply if the motion that the matter be postponed is not carried, be heard in reply for five minutes, after which the motion shall be put to the vote without further debate. (5) If the motion is carried, the matter shall be placed first on the agenda of matters to be considered at the meeting to which it has been postponed, provided that sections 6(2) and 6(3) shall not apply to such matter.
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51. Adjournment of council to another date
(1) A member who has not already participated in the debate on a matter before the meeting may at any time except during the course of a speech by another member or while a vote is being taken move “that the council do now adjourn to another date”. (2) Such motion must be seconded but need not be in writing. (3) The mover shall be permitted to speak to the motion for a period not exceeding five minutes but the seconder shall not speak except for seconding the motion. (4) If the motion is carried the council shall forthwith adjourn; provided that the speaker may direct that the meeting proceed first to dispose of business other than opposed business. (5) If the motion is not carried the speaker shall not accept another such motion until the period of half an hour has elapsed. (6) Save as is provided in subsection (3), no discussion on such motion shall be permitted, except that a member who has first indicated his or her opposition to such motion, may speak in opposition of the motion for not more than five minutes. (7) No amendment to such motion may be moved except in relation to the period of adjournment. (8) Where a motion to adjourn a meeting has been carried and the matter has not been concluded, the member who moved the adjournment shall be entitled to speak first at the subsequent meeting. (9) No business may be transacted at an adjourned meeting except such business set out in the agenda for the meeting which is adjourned. (10) The speaker may not adjourn a scheduled meeting unless: (1.1) Has concluded its agenda and transaction unless the meeting has degenerated to disarray or force majure (1.2) Council has transacted all its items on the agenda (1.3) Where this is no quorum (1.4) Upon a successful motion requesting that the meeting be adjourned for a particular purpose.
52. Adjournment of council for a specified time
(1) A member may at any time, except during the course of a speech by another member or while a vote is being taken, request “that the council now adjourn for a specified time, up to maximum one hour and such an adjournment may have the opportunity to caucus as purpose.” (2) Such motion need not be in writing and no prior notice is needed. (3) If the motion is carried the council must forthwith adjourn for the specified time.
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(4) If the motion is not carried, the meeting proceeds as if no interruption has taken place and the speaker may not accept a similar motion until half an hour has passed. (5) The speaker may limit the number of such motions.
53. Adjournment of debate
(1) A member who has not yet participated in the debate then before council, may at the conclusion of any speech move that the debate be adjourned. (2) Such motion must be seconded but need not be in writing. (3) The mover of such motion may speak to it for five minutes, but the seconder may not speak beyond formally seconding it. (4) Subject to subsection (3) no discussion may be permitted on such motion except in relation to the period of adjournment and that the member who first indicated his other opposition against such motion may speak in opposition thereto for five minutes. (5) If such motion is carried, the meeting proceeds to the next business on the agenda, and the discussion of the adjourned debate, unless otherwise resolved, is resumed at the next meeting. (6) On the resumption of the adjourned debate the member who moved the adjournment is entitled to speak first. (7) If the motion is not carried the speaker shall not accept another such motion until half in hour has elapsed. (8) A member may not move or second more than one motion for the adjournment of the debate during the course of that debate.
54. Voting on a matter
(1) A member who has not yet participated in the debate on the matter then before council, may at the conclusion of any speech, move that the matter “be now put to the vote.” (2) Subject to the provisions of subsection (3), no motion put in terms of subsection (1) shall be open to discussion. (3) The mover of a matter under discussion may, when a motion has been put in terms of subsection (1), speak on such motion for not more than five minutes, whereupon the said motion shall be put to the vote without any further discussion.
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55. Removal of matter from the agenda
(1) A member who has not yet participated in the debate on the matter then before council, may during such debate at the conclusion of any speech, move that the matter be removed from the agenda. (2) Subject to the provisions of subsection (3), no motion put in terms of subsection (1) shall be open to discussion. (3) The mover of a matter under discussion may, when a motion has been put in terms of subsection (1), speak on such motion for not more than five minutes, whereupon the said motion shall be put to the vote without any further discussion. (4) If such a motion is carried, the matter under discussion shall not be further pursued.
CHAPTER 7: PROCESS FOR ADOPTION OF BY-LAWS
56. Submission of draft by-law
A by-law may only be introduced by a member or the executive mayor.
57. First submission to council
(1) A draft by-law submitted by a member or the executive mayor, must be submitted to council in the following form– (a) an executive summary of the by-law; (b) the need to regulate the conduct addressed by the draft by-law; (c) the content of the draft by-law; (d) any other by-law that must be repealed or amended if the draft is adopted; (e) any relevant comments or proposals; and (f) a recommendation.
(2) After consideration of the report contemplated in subsection (1) council must resolve to reject the draft or to adopt it in principle. (3) When a draft by-law has been rejected by the Council, no by-law of the same substance may be introduced within a period of six months from the date of rejection. (4) When a proposed by-law is adopted in principle, it must be advertised for public comment.
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58. Submission by executive mayor
(1) The executive mayor may submit a draft by-law to council on his or her own volition or after consideration of a request submitted by the municipal manager. (2) If the executive mayor decides to submit a draft by-law on his or her own volition, the committee must obtain the comments of the municipal manager on the contents thereof and may the committee request comment from any person. (3) The executive mayor must submit a report on the submission of a draft by-law to council as contemplated in section 57(1).
59. Publication
(1) The municipal manager must, as soon as possible after a by-law has been adopted in principle, publish the draft by-law in such a way that the public will have the opportunity to make representations in connection therewith. (2) Publication must be in at least two of the official languages of the province.
60. Second submission to council
(1) The municipal manager must, as soon as possible after the closing date for representations by the public, submit a report to the executive mayor together with– (a) a copy of the proposed by-law; (b) copies of the advertisements in which the public was invited to submit representations; (c) any comments received from the public; and (d) any comments from the administration. (2) When a by-law is adopted after consideration thereof, it must be published in the Provincial Gazette.
61. Debating procedure
The provisions regarding debating are also applicable to the legislative process.
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CHAPTER 8: MISCELLANEOUS PROVISIONS
62 Anyone who speaks at a meeting may use any of the three official languages recognised by the Constitution of the Western Cape, 1997, namely Afrikaans, English and isiXhosa.
63. Privileges and immunities for councillors
The privileges and immunities of councillors of the municipality are subject to the provisions of the Western Cape Privileges and Immunities of Councillors Act, 2011 (Act 7 of 2011).
64. Municipal employees
(1) The employees of the municipality who attend a meeting must observe the rules and decorum applicable to members. (2) A municipal employee must attend a meeting if requested to do so by the municipal manager or the speaker.
65. Offences and penalties
(1) No member or member of the public may– (a) improperly interfere with– (i) or impede a council or committee when such council or committee is Exercising its authority or performing its functions; or (ii) the performance by a member of his or her functions as a member; (b) threaten or obstruct a member proceeding to or going from a meeting of a council or committee; (c) assault or threaten a member, or deprive a member of any benefit, on account of the conduct of the member in a council or committee; (d) while a council or committee is meeting, create or take part in any disturbance within the precincts; (e) fail or refuse to comply with an instruction by the person presiding at a meeting of a council or committee regarding the presence of any person at that meeting; or (f) fail or refuse to comply with an instruction by a duly authorised official of the council regarding– (i) the presence of persons at a particular meeting of the council or a committee; or (ii) the possession of any article, including a firearm, in the precincts or any part thereof.
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(2) A person may not by fraud, intimidation, force, insult or threat of any kind, or by the offer or promise of any inducement or benefit of any kind, or by any other improper means– (a) influence a member in the performance of the functions of the member; (b) induce a member to be absent from a council or committee; or (c) attempt to compel a member to declare himself or herself in favour of or against anything pending before or proposed or expected to be submitted to a council or committee. (3) A person who contravenes sub sections (2) and (3) is guilty of an offence and on conviction is liable to a fine or to imprisonment or to both the fine and the imprisonment.
66. Repeal of by-laws
The provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality, are hereby repealed as far as they relate to matters provided for in this by-law.
67. Short title and commencement
This by-law shall be known as the Rules of Order Regulating the Conduct of Meetings of the Council of Bitou Local Municipality and shall come into operation on the date of publication thereof in the Provincial Gazette.
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SCHEDULE 1
(Section 12)
STANDING PROCEDURE FOR NON-ATTENDANCE BY MEMBERS
Preamble
Whereas item 4(3) of the Code of Conduct for Councillors provides for proceedings to impose a fine or to remove a councillor from office for non-attendance of council or committee meetings, the municipality hereby establishes the following standing procedures-
1. Definitions
In this Schedule, unless the context indicates otherwise– “attendance committee” means a committee consisting of three councillors under chairmanship of the speaker and appointed by the council solely for the purpose of dealing with non-attendance at meetings; provided that in the absence or non-availability of the speaker, the executive mayor, or deputy executive mayor, where applicable, shall act as chairperson of the committee; “Code of Conduct” means the code of conduct for councillors as contained in Schedule 1 to the Municipal Systems Act 2000 (Act 32 of 2000); “fine” means a fine as contemplated in Item 9 of this schedule for non-attendance of council or committee meetings; “non-attendance” means failure by a member to– (a) attend a meeting that the member is required to attend in terms of section 10 of this bylaw; (b) be in attendance at the commencement of a meeting; or (c) remain in attendance until the end of a meeting;
2. Attendance of meetings compulsory
A member must attend each meeting of the council and of a committee as contemplated in section 10 of this by-law.
3. Leave of absence
Applications for leave of absence must be dealt with in terms of section 11 of this bylaw.
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4. Reporting of non-attendance
(1) The municipal manager must report each case of non-attendance to the speaker not later than the next working day after the meeting concerned.
5. Duty of the speaker
(1) The speaker must, within two working days, after receipt of the report of nonattendance from the municipal manager, inform the member concerned in writing of the report and request the written comments of the member within seven working days of the date of notification. (2) Upon receipt of the comments of the member, or, if the member fails to furnish the speaker with his or her comments within the seven working days, or after such extension of time that may be permitted by the speaker, the speaker must convene a meeting of the Attendance Committee and instruct the member concerned in writing to attend such meeting.
6. Procedures at the Attendance Committee meeting
(1) The speaker must determine the procedures for the hearing of the matter which must include the following– (a) that the member concerned has the right to be present when any evidence is heard and may ask questions based on the report of the municipal manager; (b) that the members of the Attendance Committee may ask questions to the member; and (c) that the member shall have the right to adduce evidence and to call witnesses.- (2) If the member– (a) fails or refuses to attend the meeting; or (b) is requested to leave because of his or her conduct at the meeting, the meeting may continue in his or her absence. (3) The Attendance Committee may call witnesses to assist in making a decision. (4) If the speaker is the person accused of non-attendance, then the executive mayor must chair the Attendance Committee.
7. Findings of the Attendance Committee
(1) After considering all the evidence contemplated in item 6, the Attendance Committee must make a finding as to whether the member contravened section 10(2) of this by-law, and record its reasons for the finding.
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(2) If the finding is that the member did not contravene any of the provisions contemplated in sub section (1), the speaker must adjourn the meeting and inform him or her of the finding in writing. (3) If the finding is that the member has contravened section 10(2) of this by-law, the Attendance Committee must impose the relevant sanction as contemplated in item 9 and the speaker must, in writing, advise the municipal manager and the member accordingly. (4) The municipal manager must take the necessary steps to ensure payment of any fine imposed or to record any other sanction against the name of the member. (5) If the finding is that the member was absent from three or more council meetings or committee meetings of which he or she is a member, the speaker must, within seven working days, submit a report to that effect to council to be dealt with in terms of item 4(2) of the Code of Conduct.
8 Consideration of the report from the Attendance Committee
(1) If the council agrees with the findings of the Attendance Committee contemplated in item 7(5), the MEC must, within seven working days after such resolution, be requested to remove the member from office. (2) If the council disagrees with the report of the Attendance Committee, it must instigate its own investigation into the matter within seven working days after such resolution.
9. Sanctions for non-attendance
(1) The Attendance Committee may, upon finding of a contravention of section 10(2) of this by-law, impose the following sanctions– (a) for non-attendance, or failure to remain in attendance at a meeting, impose a fine equal to 5% of the member’s monthly gross salary package, excluding allowances; (b) for non-attendance, or failure to remain in attendance at two consecutive meetings, impose a fine equal to 10% of the member’s monthly gross salary package, excluding allowances; (2) Absence from three or more executive council or committee meetings shall be dealt with in terms of Item 7(5) of this Schedule.
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234 24 March 2020 Province of the Western Cape: Provincial Gazette Extraordinary 8224 33
10. Exemptions
Members shall be exempted from the provisions of this Schedule in cases of absence as result of– (a) illness, provided that an acceptable medical certificate is submitted to the speaker; (b) death or trauma in the family, provided that a sworn statement be submitted; (c) official business of the council; or (d) approval of absence by the speaker in terms of section 11 of this by-law;
11. Appeal
A member against whom sanctions have been imposed in terms of item 9(1)(a) or (b)of this Schedule, may within 14 days of having been notified of the decision of the Attendance Committee, appeal to the council in writing against the finding as well the sanction imposed, setting out the reasons on which the appeal is based.
SCHEDULE 2
BY LAWS REPEALED
The following By-law is hereby repealed in terms of section 66 of this By-law:
NUMBER AND YEAR OF TITLE OR SUBJECT EXTENT OF REPEAL NOTICE P.N. 6689/2010 By-Law Relating to the Amended part thereof Rules of Order regulating the Conduct of Meetings of the Council of Bitou Local Municipality
20 March 2020 20153
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235 236 237 Printed by CTP Printers Cape Town • (021) 929 6200
238 SECTION 4 COMMUNITY SERVICES Section 4: Community Services
ITEM C/4/84/08/20
THE STATUS QUO REPORT ON THE SOUTHER CAPE CORRIDOR DEVELOPMENT (SCCD): COMPREHENSIVE CATALYTIC PROJECT BUSINESS PLAN
Directorate: Community Services Demarcation: Ward 1, 2 &3 Portfolio Comm.: Corporate & Community Services Delegation: Council
File Ref: 17/6/1
Attachments Annexure “A” - Implementation protocol between National and Western Cape Provincial Departments of Human Settlements, Knysna Municipality, Bitou Municipality and HDA
Annexure “B” - Southern Corridor Development Comprehensive business plan
Report from: Directorate: Community Services
Author: Director: Community Services
Date: 09 August 2020
PURPOSE OF THE REPORT
The purpose of this report is to inform the Executive Mayoral Committee meeting and Council about the route traversed thus far the status quo report on the Southern Cape Corridor Development (SCCD): (comprehensive catalytic project business plan).
INTRODUCTION
The Southern Cape Corridor Development Human Settlement Programme has been identified as a human settlements development Programme in which all four (4) spheres of government (National/ Provincial Department of Human Settlements and Housing, Knysna & Bitou Municipalities) are working together to develop integrated sustainable human settlements, which will provide security of tenure, access to immovable assets and basic services and dignity.
BACKGROUND
The National Department of Human Settlements, the Provincial Department, the two (2) Municipalities, and the (HDA) Programme Managers wish to conclude an Implementation Protocol to implement the Project within the Knysna Local Municipality and Bitou Local Municipality to ensure the creation of sustainable human settlements.
240 Section 4: Community Services
The four (4) government parties have agreed that the Programme Manager shall assist and work with the National Department, Provincial Department and the local Municipalities to plan and implement the Programme in terms of this Protocol and as encapsulated in Section 7(1) of the HDA Act.
EXPOSITION OF FACTS/ DISCUSSIONS
Discussion of progress made
The Housing Development Agent arrange a meeting which was held on the 22nd March 2019 for an an introductory and briefing meeting, at 10h00 at the HDA Office in Cape Town, regarding the HDA work with Bitou Local Municipality in preparing the Southern Cape Corridor Development (SCCD) - Comprehensive Catalytic Project Business Plan.
The project was first conceived in February 2016 as the Knysna Northern Corridor Development (KNCD) Project during a land handover ceremony between the Former Minister of Transport, Ms. Dipuo Peters, (through SANRAL) and Former Minister of Human Settlements, Ms. Lindiwe Sisulu for human settlements purposes.
The land donation was made up of several land portions along the Former N2 Bypass Reserve in the Knysna Northern Areas, making a total extent of 55.2468Ha. A Deed of Sale (Cost R1.00) was signed between SANRAL and HDA.
After the handover, the HDA appointed consultants to undertake a development feasibility study and a household enumeration of the project site.
The Development Feasibility Report established that due the site’s steep topography and sensitive natural environment, approximately 51% of the site was potentially developable and an estimated 1039 free standing units (60m² sites) could be accommodated.
This estimate was subject to further detailed technical investigations (GEOTECH, Engineering and EIA). It was also established that there is an urgent need for the upgrading of the reservoir and the sewer treatment works as it is at capacity.
During a Steering Committee meeting held in April 2017, The Director General: Human Settlements, Mr. Tshangana recommended that a Comprehensive Catalytic Project Business Plan, which consolidates all the identified future projects in Knysna and Bitou be developed to motivate for the substantial funding required by the two municipalities for bulk infrastructure upgrading and land acquisition.
The HDA engaged Knysna, Bitou, WCDPHS and NDHS in several technical meetings during 2017 - 2018 to develop a Business Case for the proposed SCCD Catalytic Project. Due to the extent of the scope of work and the level of expertise required to carry out detailed technical and socio- economic studies as well as a comprehensive financial model for short-medium-long term budgetary expenditure, a team of professionals with experience in this nature of work needed to be appointed.
241 Section 4: Community Services
KMSD Consultants was appointed on 12th February 2018 to carry out a Comprehensive Business Plan with a financial model for a short, medium- and long term catalytic project roll-out plan and strategy. This team is also responsible for ongoing catalytic projects in HDA Region-A (Western Cape, Eastern Cape and Northern Cape).
Presently, KMSD Consultants have completed the first draft of the Business Plan with inputs and approval from the Technical Team and Steering Committee. HDA also have received an in- principle approval from the MEC for Human Settlements, Mr. Madikizela and subsequently the project was noted by the Knysna Mayoral Council.
PROBLEM STATEMENT The Executive Mayoral Committee at its meeting held on the 5th August 2020, with the delegation from National Department of Human Settlement, Water & Sanitation has resolved that a local project steering committee be revived, as it was dysfunctional between Knysna and Bitou Municipalities.
Comments by Chief Financial Officer The recommendation by the Municipal Manager is supported
Comments by Manager Legal Services The recommendation by the Municipal Manager is supported
Comments by Director Corporate Services The recommendation by the Municipal Manager is supported
Comments: Director Economic Development and Planning The recommendation by the Municipal Manager is supported
Relevant Legislation
1. The Constitution of the Republic of South Africa: No. 50 of 1996 and Regulations, Section 26: Housing. 2. Housing Act, No. 107 of 1997 and Housing Act No. 50 of 1999 and Rental Housing and Deeds registries No. 47 of 1937. 3. Local Government: Municipal Finance Management Act, No. 56 of 2003.
RECOMMENDED BY THE MUNICIPAL MANAGER
1. That the status quo on the Southern Cape Corridor Development (SCCD), Comprehensive Catalytic Project business plan be noted.
2. That the Bitou Executive Mayoral Committee/Council approach the Knysna Executive Mayoral Committee, to consider resuscitation of the local Southern Cape Corridor Development
242 Section 4: Community Services
Committee (SCCD) which will be constituted the two (2) Executive Mayors, two (2) political portfolio heads, two (2) Municipal Manager/s and the two (2) relevant HOD’s.
RECOMMENDED BY THE EXECUTIVE MAYOR
1. That the status quo on the Southern Cape Corridor Development (SCCD), Comprehensive Catalytic Project business plan be noted.
2. That the Bitou Executive Mayoral Committee/Council approach the Knysna Executive Mayoral Committee, to consider resuscitation of the local Southern Cape Corridor Development Committee (SCCD) which will be constituted the two (2) Executive Mayors, two (2) political portfolio heads, two (2) Municipal Manager/s and the two (2) relevant HOD’s.
243 Annexure “A”
IMPLEMENTATION PROTOCOL
entered into between
NATIONAL DEPARTMENT OF HUMAN SETTLEMENTS Herein represented by M Tshangana, in his capacity as the Director General, and he being duly authorized hereto.
(Hereinafter referred to as “the National Department”)
And WESTERN CAPE PROVINCIAL DEPARTMENT OF HUMAN SETTLEMENTS Herein represented by T Mguli, in his capacity as the Head of Department, and he being duly authorized hereto.
(Hereinafter referred to as “the Provincial Department”)
And
KNYSNA LOCAL MUNICIPALITY
Herein represented by in his capacity as the acting Municipal Manager, and he being duly authorized hereto.
(Hereinafter referred to as “the Municipalities”)
And
BITOU LOCAL MUNICIPALITY
Herein represented by S Vatala in his capacity as the Municipal Manager and being duly authorised hereto
(Hereinafter referred to as “the Municipalities”)
And
HOUSING DEVELOPMENT AGENCY (HDA) (a juristic person established in terms of the Housing Development Agency Act)
Herein represented by V Ggwetha, in his capacity as the Administrator and he being duly authorized hereto.
(Hereinafter referred to as “the Programme Manager”)
for
244 SOUTHERN CAPE CORRIDOR DEVELOPMENT - HUMAN SETTLEMENTS PROGRAMME
PREAMBLE
WHEREAS The Southern Cape Corridor Development Human Settlement Programme has been identified as a human settlements development Programme in which all four spheres of government will work together to develop sustainable settlements, by providing security of tenure, access to immovable assets and basic services and privacy.
AND WHEREAS the National Department of Human Settlements, the Provincial Department, the Municipalities and the Programme Manager wish to conclude an Implementation Protocol to implement the Project within the Knysna Local Municipality and Bitou Local Municipality to ensure the creation of sustainable human settlements.
ACCORDINGLY the Parties have agreed that the Programme Manager shall assist and work with the National Department, Provincial Department and the Municipalities to plan and implement the Programme in terms of this Protocol and as encapsulated in Section 7(1) of the HDA Act.
THEREFORE IT IS AGREED AS FOLLOWS:
1. INTERPRETATION AND DEFINITIONS: 1.1. The clause headings are for convenience and shall be disregarded in interpreting this Protocol. 1.2. Unless the context clearly indicates a contrary intention: 1.2.1. Words importing: 1.2.1.1. the singular shall include the plural and vice versa; 1.2.1.2. any one gender shall include the other gender; and 1.2.1.3. natural persons include created entities (corporate or non-corporate) and vice versa; 1.2.2. the annexures (if any) to this Protocol shall be deemed to be incorporated and form part of this Protocol; 1.2.3. this Protocol shall be read in conjunction with the Memorandum of Agreement and in the event of conflict, the terms of this Protocol shall prevail; 1.3. In this Protocol, unless inconsistent with the context, the following words and expressions shall have the meanings hereby ascribed to them: 1.3.1. “HDA Act” means the Housing Development Agency Act No. 23 of 2008,
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245 1.3.2. “Protocol” means this Implementation Protocol, including any annexures hereto and any amendment recorded in writing and signed by the Parties, 1.3.3. “Approved Implementation Plans” means an Implementation Plan agreed upon among the National Department and the Provincial Department and the Municipality in accordance with the provisions of clause 4 of this agreement; 1.3.4. “Beneficiaries” means the individuals and/or families meeting the prescribed beneficiary criteria as set out in applicable Housing legislation and policies for qualification of housing assistance, 1.3.5. “Bulk Infrastructure” means all external water, sewerage, storm water, roads, and electricity services to which internal services and the individual Programmes within the Programme are to be linked. 1.3.6. “Contract Value” shall mean the total value of the Programme or part thereof including Programme management fees as comprehensively stipulated in the Approved Implementation Plans. 1.3.7. “Contractors” means all service providers procured in terms of this Protocol and to ensure that the Deliverables of this Programme are successfully delivered. 1.3.8. “Deliverables” means such outcomes for which any of the Parties to this Protocol are responsible as stipulated in the Approved Implementation Plan and any directives and agreed work schedules in respect of any phase of the Programme. 1.3.9. “Funding agreements” means the agreements to be concluded between the Provincial Department, Municipalities and the Programme Manager regulating the terms and conditions upon which funding shall be made available for the project for the purposes of funding the various phases of the Programme, 1.3.10. “Programme” means the Southern Cape Corridor Development Human Settlements Programme whose location, nature and the scope will be fully detailed in the Approved Implementation Plan; 1.3.11. “Directive” means such instruction/s issued by the National Department and the Provincial Department relative to the Programme. 1.3.12. “DORA” means the annual Division of Revenue Act and any subsequent Annual Division of Revenue Act approved and adopted by Parliament annually until this agreement is formally terminated by the Parties. 1.3.13. “Legislation/Policies” means such legislation/policies as may be applicable to the Programme from time to time, which shall include, but not be limited to: i) The Public Finance Management Act, 1999 (Act no. 1 of 1999); 3
246 ii) The Housing Development Agency Act 23 of 2008; iii) The Local Government: Municipal Finance Management Act, 2003 (Act no. 56 of 2003); iv) The Housing Act, 1997 (Act no. 107 of 1997) as amended; v) The National Building Regulations and Building Standards Act 103 of 1977; vi) The Intergovernmental Relations Framework Act, 2005 (Act no. 13 of 2005); vii) The Municipal Systems Act, 2000 (Act no. 32 of 2000); viii) All Municipal by-laws; ix) The Supply Chain Management Policy of the municipalities; x) The annual Division of Revenue Act; xi) The National Human Settlements Policies and Programmes together with the Implementation Guidelines for the Comprehensive Plan for the Development of Sustainable Human Settlements, 1.3.14. “Municipalities” means the Knysna Local Municipality and Bitou Local Municipality as established in terms of the Municipal Systems Act (Act 32 of 2000) 1.3.15. “Parties” means the National Department, the Provincial Department, the Municipalities and the Programme Manager as fully described on the first page of this Protocol. 1.3.16. “Signature Date” means the date of last signature hereof by the Parties. 1.3.17. “Steering Committee” means a committee herein established by the Parties consisting of the administrative Heads of each of the Parties and/or their duly appointed nominees, 1.3.18. “Technical Task Team” means a team to be established by the Parties to facilitate the technical aspects of the Programme including the Programme management team, which, at all times; shall be subject to the directions and/or instructions furnished from time to time by the Steering Committee. 1.3.19. “Units” means Housing units and all ancillary services to be constructed in terms of this Protocol.
2. THE PROGRAMME MANAGER
2.1 The appointment of the Agency as the Programme Manager and Programme Manager is hereby confirmed. 2.2 The function of the Agency as the Programme Manager is to support the Province in implementing the programme in accordance with the Programme Management Plan and any directives from the National and Provincial Departments.
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247 2.3 The Programme Manager shall at all times comply with all the applicable Legislation. In the event of the Agency being of the view that any activity to be undertaken by the Programme Manager under a directive is in conflict with the Legislation or in the event of the Programme Manager being of the opinion that it is prevented by the Legislation from executing any activity pertinent to the Project, it shall refer that matter to the Steering Committee for guidance and direction. 2.4 The appointment of the Programme Manager is on the warranty that the Programme Manager has the necessary expertise in matters related to the timeous delivery of the Programme. 2.5 The Programme Manager accepts the appointment on this basis and undertakes to coordinate the Programme with the professionalism, due care and skill required to fulfil the terms and conditions of this Compact and deliver the Programme efficiently, and in accordance with and in strict adherence to prevailing best practice and applicable legislation. 2.6 The Parties agree that the Programme shall be implemented on the basis of co- operative management with all stakeholders so as to ensure its successful implementation and finalization and strict adherence to time frames relative thereto.
3. DURATION
3.1. This Protocol shall be effective from the date of the last party signing and shall be valid until completion of the Programme, unless terminated prior thereto in accordance with any provision of this Protocol.
4. THE SOUTHERN CAPE CORRIDOR DEVELOPMENT HUMAN SETTLEMENTS PROGRAMME
4.1. The Programme Manager shall propose Implementation Plans relating to the Programme or parts thereof; to the National and Provincial Departments as well as the Municipalities, 4.2. The Programme Manager will source funding through the applicable funding mechanisms (including funding for bulk infrastructure); 4.3. The description and map of the land on which the Programme shall be implemented shall be added to this Protocol by way of annexure A, 4.4. Upon receipt of sufficient funds to implement a part of the Programme, the Municipality will then implement that part of the Programme set out in the approved Implementation Plan in terms of this Protocol.
5. FUNDING
5.1 The Programme Manager will apply for funding for each part of the Programme in terms of the Public Finance Management Act including any other legal prescript applicable;
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248 5.2 The Provincial Department and the Municipality will prioritise the funding for the implementation of this Programme. 5.3 The Programme must be identified in the Municipalities IDP, and the funding must be phased as per the phases of the project. 5.4 The Programme Manager will prepare the project and funding applications.
6. ROLES AND RESPONSIBILITIES OF THE NATIONAL DEPARTMENT
The National Department shall:-
6.1. Disburse funds as legislated to the Provincial Department that are earmarked for the Programme and ensure that the necessary financial and other support is provided. 6.2. Coordinate all activities relating to funding thereof and facilitate the approval of the Implementation Plans; 6.3. Where applicable, secure funding for the Programme and make budget provision thereof, aligned with affordability and in compliance with the PFMA, the DORA and any other relevant legislation and within such time-frames as shall be agreed with the relevant stakeholders; 6.4. Assist in facilitating the unblocking of procedural bottlenecks that affect or may affect the Programme; 6.5. Keep the Programme Manager informed of all changes in policies and processes within the National Department that could impact on the Programme; and 6.6. Appoint an official as the National Department’s prime representative in the engagement with the Programme Manager with appropriate authority and to attend and report to the Steering Committee and Technical Task Team;
7. ROLES AND RESPONSIBILITIES OF THE PROVINCIAL DEPARTMENT
The Provincial Department shall:-
7.1. Disburse funds to the Municipalities in order to successfully deliver on its obligations; 7.2. Expeditiously process applications for the approvals that are required for the implementation of the Programme and facilitate the approval of applications for the implementation of the Programme; 7.3. Designate the areas for the Southern Cape Corridor Development Programme; 7.4. Secure the active support for the Programme from the various stakeholders responsible for the provision and/or implementation of municipal services, community services and more as required by the Programme; 7.5. Convey details of all planning for the future phases of the Programme to the Programme Manager as soon as practically possible and participate with the Programme Manager in all future planning pertaining of the Programme;
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249 7.6. Assist in facilitating the unblocking of procedural bottlenecks that affect or may affect the Programme; 7.7. Keep the Programme Manager informed of all changes in policies and processes within the Provincial and National Departments that could impact on the implementation of the Programme; 7.8. Appoint officials as the Provincial Department’s prime representatives with the appropriate authority in the engagement with the Implementing Agent and to the representatives on the Steering Committee and the Technical Task Team; 7.9. Attend and report to the Steering Committee and Technical Task Team; 7.10. Establish a monthly financial reporting procedure for the Programme. 7.11. Process and approve the project and funding applications for the Programme
8. ROLES AND RESPONSIBILITIES OF THE MUNICIPALITIES
The Municipalities shall:
8.1. Consider the appointment of the HDA as an implementing agent and/or project manager as shall be required; 8.2. Ensure that the identified projects are aligned to the municipal Integrated Development Plan; 8.3. Make available to the Programme Manager all relevant information pertaining to the Programme and related projects that is in the Municipality’s possession; 8.4. Secure the active support for the Programme from various departments within the Municipality responsible for the provision and/or implementation of municipal and community services as required by the Programme; 8.5. Where necessary, re-prioritise municipal plans and projects in order to achieve objectives of identified catalytic projects located within the Municipality’s jurisdiction; 8.6. Prioritize and make available funding from relevant funding sources including the Human Settlements Development Grant and the Municipal Infrastructure Grant for the provision of bulk infrastructure that is required for implementation of the Catalytic Projects that must be implemented within its jurisdiction; 8.7. Participate in all future planning pertaining to the Programme; 8.8. Actively participate in the intergovernmental structure referred to in clause 7.9 or in the absence of it; the Provincial Steering Committee; 8.9. Appoint representatives to the relevant national and provincial intergovernmental committees that will be convened to facilitate and maintain the operational coordination between the Parties in the implementation of the Programme; and 8.10. Prioritise and expeditiously facilitate all approvals required for implementation of the Programme. 8.11. Attend to procurement processes of service providers and contractors for the project.
9. AGENCY APPOINTMENT AS PROGRAMME MANAGER Accepting its appointment, the Agency shall:
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9.1. Support the Provincial Department to manage the Programme and in doing so, ensure that it is in accordance with this Protocol and the relevant Legislation. 9.2. In providing such support referred to above the Agency will perform the following functions: 9.2.1. provide support in the preparation and development of project plans and project proposals for consideration by the Provincial Department and Municipality for each of the projects that will indicate their compliance and adherence to the principles and criteria as prescribed by the Catalytic Projects Programme framework; 9.2.2. adhere to any directives issued by the National and Provincial Departments in respect of the Programme, 9.2.3. work with all spheres of government to ensure that Programme objectives are adequately and timeously achieved 9.2.4. take direct responsibility as the Programme Manager for the successful completion of the implementation and delivery of the Project in accordance with the implementation plans developed in relation to the Programme; 9.2.5. on a monthly basis, or at such other times as may be reasonably required, prepare and submit to the Provincial Department, progress reports that incorporate financial and non-financial performance in accordance with the implementation plans developed for the relation to the Programme 9.2.6. consult with the Provincial Department and Municipality in relation to all funding and budgetary issues and comply with such directives of the Provincial Department in relation to the funds provided; 9.2.7. engage the National and Provincial Departments and relevant Municipality in any matter to support the achievement of the Programme’s deliverables; 9.2.8. designate an official to represent the Programme Manager on the Steering Committee; 9.2.9. attend and report to the Steering Committee, including participating in any committees as required from time to time in the capacity and on the terms and conditions as determined by the Department; 9.2.10. facilitate and ensure beneficiary participation to the extent as required by applicable legislation, including provision of assistance to potential beneficiaries in respect of completing their subsidy applications and submitting such forms to the Department for assessment and approval; 9.2.11. manage the relationship between Department and service providers with respect to developments, including internal services, bulk services, construction of housing units, roads and services, as instructed by the Department 9.2.12. manage project quality control by ensuring that units and internal services are constructed in accordance with norms, standards and requirements stipulated by the Department, National Home Builders Registration Council (“NHBRC”), the Municipality and applicable Legislation and cooperate with
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251 all monitoring, evaluation and auditing procedures as required by the Provincial Department 9.2.13. engage with the Provincial Department and relevant stakeholders to support the Provincial Department procure the timeous provision of Bulk Infrastructure required to implement the Projects; and 9.2.14. Establish monitoring and evaluation procedures for Projects that will yield monthly reports in respect of the deliverables and furnish both the Parties with copies of such monthly reports
10. STEERING COMMITTEE
10.1. The Steering Committee will comprise not more than 2 (two) representatives from each of the Parties, who shall at their first meeting formulate an Operating Procedure which spells out the frequency of meetings to be held, the chairperson of that meeting, and the manner in which directives will be given by the Steering Committee to the Implementing Agent. 10.2. All meetings of the Steering Committee shall be minuted. 10.3. All minutes relating to the agreed process of the Steering Committee will be delivered to the Implementing Agent, who will ensure that those activities in the minutes are undertaken.
12. CONFIDENTIALITY
12.1. Each Party (“the Receiving Party”) shall treat and hold as secret and confidential all information, which is not readily available in the ordinary course of business and which it may receive from the other Party (“the Disclosing Party”) or which becomes known to it during the currency of, and pursuant to, this Protocol, including, without any limitation, the information regarding the product, its origin, destination, price, customer or shipping data (“Confidential Information”). 12.2. Under no circumstances shall the Receiving Party disclose or communicate any Confidential Information to any third party without the Disclosing Party’s prior written consent. 12.3. The Receiving Party shall restrict the dissemination of Confidential Information of the Disclosing Party to only those of its personnel who are actively involved in the execution of this Protocol and then on a “need to know basis” and shall initiate and implement reasonably acceptable internal security measures and procedures to prevent unauthorized disclosure and shall take all practical steps to impress upon those of its personnel who need to be given access to the Confidential Information, the secret and confidential nature thereof. 12.4. The Receiving Party shall not copy Confidential Information unless and to the extent that such copying is necessary for the purpose of executing its obligations under this Protocol. 12.5. The aforegoing obligations shall not apply to any information which: -
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252 12.5.1. Is lawfully in the public domain at the time of disclosure; 12.5.2. Subsequently becomes lawfully part of the public domain by publication or otherwise; 12.5.3. Subsequently becomes available to the receiving Party from a source other than the Disclosing Party which is lawfully entitled, without any limitation on disclosure, to disclose such Confidential Information; or 12.5.4. Is disclosed pursuant to a requirement or request by operation of law, regulation or court order; 12.5.5. The Receiving Party can demonstrate that was independently developed by such Party without reference to the Confidential Information disclosed by the Disclosing Party.
13. BREACH AND TERMINATION
Subject to clause 16 below, should any Party (“the Defaulting Party”) commit a breach of any material provision of this and fail to remedy such breach within 21 (twenty one) days of any of the other Parties (“the Non-Defaulting Parties”) calling upon it in writing to do so, then the Non-Defaulting Parties shall be entitled, without prejudice to any other rights or remedies they may have in terms of this Compact or at law, to claim specific performance or terminate this Compact .
14. INDEMNITY
14.1. The HDA indemnifies the National and Provincial Departments and Municipalities for any claim for damages, including, but not limited to, loss of income, consequential or incidental damages, whether in delict or based on this Protocol, for an amount equal to the Contract Value; and 14.2. Each Party to this Protocol remains liable for any liability arising out of its negligence or omission in respect of loss, damages, costs, claims, demands or proceedings of whatever nature which may arise from implementation of directives or instructions from the National or Provincial Departments, the Implementing Agent and the Steering Committee necessitating variations to mutually agreed plans.
15. RISK MANAGEMENT
15.1 As construction activities are likely required to be undertaken in the immediate vicinity of people’s homes, the Implementing Agent shall ensure that additional precautions are required from the Contractors to minimise danger to the public such as barricades, notices and increased Public Liability Insurance to the satisfaction of the Parties.
16. RELATIONSHIP BETWEEN THE PARTIES
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16.1 The Parties agree that they have no intention of creating a partnership and shall not hold out to any third person that they are partners. This Protocol shall not constitute and shall not be deemed a partnership between the Parties hereto or subsequently joined but is merely intended to record the terms of the contractual association between the Parties.
17. DISPUTE RESOLUTION
17.1. Any disputes arising from this Protocol shall be resolved in accordance with the principles and procedures contained in Chapter 4 of the Intergovernmental Relations Framework Act, 2005 (Act 13 of 2005).
18. DOMICILIUM CITANDI ET EXECUTANDI
18.1 The Parties choose the following addresses as being their domicilium citandi et executandi for the delivery and service of any notices: A: The Director General, National Department of Human Settlements Govan Mbeki House 240 Justice Mohamed Street Pretoria 0002
B: The Head of Department, Western Cape Department of Human Settlements 27 Wale Street Cape Town
C: The Acting Municipal Manager 5 Clyde Street Knysna
D: The Municipal Manager 1 Sewell Street Plettenberg Bay
E: The Administrator, Housing Development Agency Block A, Riviera Office Park 6-10 Riviera Road Killarney Johannesburg
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18.2 Any Party may give notice of change of address stated in sub-paragraph 17.1 above, to another address. 18.3 Every notice to be given by one Party to the other, in terms of this Protocol, shall be in writing and shall be either: 18.3.1 Delivered by hand to the domicilium citandi et executandi of the other, in which case it shall irrefutably be deemed to have been given, and such Party shall be deemed to have been informed of the contents of such notice on the date of delivery; and 18.3.2 Posted by prepaid registered post to such other Party’s domicilium citandi et executandi, in which case it shall irrefutably be deemed to have been given to the such Party, and such Party shall be deemed to have been informed of the contents of such notice on the 5th (Fifth) business day (excluding Sundays and public holidays) after posting. 18.4 Notwithstanding anything to the contrary herein contained, a written notice as communication actually received by one of the Parties from the other shall be and adequate written notice as communication to such Party, notwithstanding that it was not sent or delivered at the Party’s chosen domicilium citandi et executandi.
19. GENERAL AND ADMINISTRATIVE PROVISIONS
19.1. Cessions / Transfers The Parties shall not be entitled to make over to any third party or to cede, delegate or otherwise dispose of or encumber their interest in this Protocol, or any of its rights or obligations in terms of this Protocol, without the written consent of the other Parties.
19.2. Waiver No waiver by either Party shall be binding unless reflected in writing and shall be strictly interpreted as referring only to the particular waiver in respect of which same had been given.
19.3. Sole Protocol This Protocol contains the whole of the contractual relationship between the Parties and no representations, understandings or undertakings preceding the signature of this Protocol and not contained herein, shall in any way be binding upon the Parties.
19.4. Amendments Any of the provisions of this Protocol may be amended but only by way of a written deed of amendment signed by the Parties, in which inter alia the specific clauses so intended to be amended, are stated.
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THUS DONE AND SIGNED AT ______ON THIS _____ DAY OF ______2018
______Mr Mbulelo Tshangana For and on behalf of the National Department of Human Settlements
1. ______2. ______(Witness) (Witness)
THUS DONE AND SIGNED AT ______ON THIS _____ DAY OF ______2018
______Mr Thando Mguli For and on behalf of the Western Cape Provincial Department of Human Settlements
1. ______2.______(Witness) (Witness)
THUS DONE AND SIGNED AT ______ON THIS _____ DAY OF ______2018
______Dr Sitembele Vetele For and on behalf of the Knysna Local Municipality
1.______2.______(Witness) (Witness)
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THUS DONE AND SIGNED AT ______ON THIS _____ DAY OF ______2018
______Adv Lonwabo Ngoqo For and on behalf of the Bitou Local Municipality
1.______2.______(Witness) (Witness)
THUS DONE AND SIGNED AT ______ON THIS _____ DAY OF ______2018
______Mr Viwe Gqwetha For and on behalf of the HDA
1.______2.______(Witness) (Witness)
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257 ANNEXURE B
COST IMPLICATIONS TO THE IMPLEMENTATION PROTOCOL FOR THE SOUTHER CAPE CORRIDOR DEVELOPMENT HUMAN SETTLEMENT PROGRAMME
Municipality Project Name Extent of Number of Project Description Estimated project site Units Costs
Knysna Knysna Northern 55.2468Ha 1039 units Land Acquisition Land owned by Corridor Development HDA Project/KNCD (HDA Project): Pre-Implementation R4, 000, 000 (Township · Phelindaba Establishment/EIA/ · Rhobololo 1 Engineering Outline · Rhobololo 2 Scheme/Site · Concordia Pegging)
Bulk Infrastructure R131,000,000
Estimated cost of R45, 328, 000 project implementation - internal services
Estimated cost of R114,290,000 project implementation - top structures
Total Estimated Costs R294,618,000 (excluding VAT)
Knysna Municipality 165.8Ha 6,881 units Pre-Implementation R28,000,000 Human Settlement (Township Project Establishment/EIA/
· Knysna Northern Engineering Outline R4m per project Areas Scheme/Site area · Windheuwel Pegging) · Kruisfontein · Hornlee Estimated cost of R965,118,000 · Oupad project implementation
15
258 Municipality Project Name Extent of Number of Project Description Estimated project site Units Costs
· Sedgefield (internal services & top structures)
Required bulk R131 000 000 infrastructure investment (Sewer and Water)
Total Estimated Costs R1,148,118,000
(excluding VAT)
Bitou Bitou Municipality HS 4,330 units Pre-Implementation R28,000,000 Municipality Project (Township · Kurland IRDP Establishment/EIA/ · Harkerville IRDP · Kranshoek IRDP Engineering Outline R4m per project · Green Valley IRDP Scheme/Site area · Ebenhaezer Pegging) Development Estimated cost of R665,332,000 project implementation (internal services & top structures)
Total Estimated Costs R693,332,000
16
259 Annexure "B"
SOUTHERN CAPE CORRIDOR DEVELOPMENT COMPREHENSIVE BUSINESS PLAN
MILESTONE 4 & 5 PRESENTATION
01 MARCH 2019
260 1 PRESENTATION OUTLINE
1. PROJECT BACKGROUND
2. PROBLEM STATEMENT
3. APPROACH
4. POLICY AND VISION CONTEXT
5. PROJECTS OVERVIEW
6. PROPOSED DEVELOPMENT OVERVIEW
7. FEASIBILITY STUDY FINDINGS
8. FINANCIAL MODELLING
9. PROJECT PROGRAMMING
10. FUNDING MODEL & PROJECT FINANCE STRUCTURE
11. KEY MILESTONES ACHIEVED
12. IMPLEMENTATION PLAN 261 2 1. PROJECT BACKGROUND
• 19 February 2016: The Knysna Northern Corridor Development (KNCD) project was launched and declared a “National Priority
Project” of the site measuring 55.24 ha.
• 22 June 2016: A deed of sale was signed by CEO of HDA and CEO of SANRAL in respect of 29.6 ha belonging to SANRAL to be
transferred to the HDA. Balance of 25.64 ha was released to Knysna Local Municipality.
• 23 November 2016: Steercom determined that the viability of consolidating Knysna and Bitou projects to constitute a Catalytic
Project of the Southern Cape be explored.
• 16 March 2017: Project Steering Committee approved the proposed consolidation of Knysna and Bitou Projects to form
one “Catalytic Project”. The project is called the “Southern Cape Corridor Development” (SCCD) Project.
• 20 April 2017: SCCD Steercom recommended that the project be thoroughly unpacked to determine whether the proposed future
projects (not budgeted for in MTSF 2014-19) meet the Catalytic Project Criteria;
• Preliminary analysis of the project sites were done to build a Business Case; endorsed by the project technical coordinating team
(Knysna & Bitou municipalities and the provincial & national departments)
• Appointment of an experienced professional to package a comprehensive business plan (technical and socio-economic studies)
262 3 1. PROJECT BACKGROUND (Cont..)
▪ Knysna and Bitou Municipalities have been identified by the Minister of Human Settlements as some of the priority areas in terms of Human Settlements development in the Western Cape Province.
▪ Several potential project sites between the two municipalities were identified and are packaged as the Southern Cape Corridor Development (SCCD) Catalytic Project which is the basis of this engagement.
▪ The HDA is mandated by NDHS to be Programme Manager of the Catalytic Projects Programme (CPP) Nationally.
▪ It is against this background that The HDA, in partnership with the three spheres of government, has identified several potential sites in Kynsna and Bitou which have now been packaged into a business plan with the aim of unlocking funding for the Southern Cape Corridor Development (SCCD) project. 263 4 2. PROBLEM STATEMENT
Knysna Bitou
Description 2001 2018 2028 2018-2028 2001 2018 2028 2018-2028 Projected Increase Projected Increase Population 47 421 82 821 107 766 24 945 29 176 63 930 92 282 28 352
Households 13 875 28 035 39 307 11 272 8 942 22 236 32 543 10 307
Over and above the existing current backlogs, the projected additional households in Knysna (11 272 households) and Bitou (10 307 households) over the next 10 years will need housing, social amenities and other needs. The current housing delivery rate of 300 units per annum is not able to clear the current backlog later on assist in accommodating the additional households being added on Knysna and Bitou. The MIG funding being received is inadequate for the required bulk infrastructure which ultimately is negatively impacting on all current and future human settlements projects in Knysna and Bitou. Description Knysna Bitou Consolidated SCCD a. Average economic growth in the area (2001-2016) by Demacon. There is a need 2,6% 3,7% for increased housing, commercial and social amenities to support economic growth in the area b. Official Housing backlog 9 554 3 958 18 354 c. Current total average housing delivery per annum 300 units 300 units d. At the current housing delivery pace, if no National Treasury intervention to speed up housing delivery minimum average years one might stay on the housing waiting list 32 years 13 Years e. Average Annual MIG Funding (for all Infrastructure Projects) that has become inadequate for the bulks capex requirements (See row k below) R25 061 000 R20 184 000 f. Total Capex Requirements (Land Acquisitions, Bulks, Internal bulks etc) 264 3 741 673 261 1 538 539 736 5 280 212 997 5 2. PROJECT OUTCOMES
Project outcome / business Case Item Knysna Bitou Consolidated SCCD a. Potential Total Yields 8 819 8 688 17 507 b. Potential Jobs (Permanent and Temporary) 13 229 13 032 26 261 c. Potential Income from Rates and Taxes 38 708 664 13 356 475 52 065 139 d. Potential Corporate Tax Income from the SCCD Project over the next 50 Years 3 089 127 017 1 062 913 435 4 152 040 452 e. Bankable Sites that can be funded for bulks through front loading using the DBSA loan facility in the interim Yes Yes
265 6 2. PROJECT OUTCOMES (Cont.…)
The SCCD Project meets the following Catalytic Projects Criteria;
▪ It offers the scale delivery of housing opportunities of over 10 000 houses over the next five years) ▪ It includes a variety of housing typologies and cover a variety of housing programmes ▪ It provides mixed income and/or mixed development ▪ It will maximize job creation opportunities locally and specifically assist with the mobilization and utilization of the youth brigades ▪ The project demonstrates a maximum gearing of overall government investment and human settlement specific investment ▪ The project demonstrates sustainability over the long term and post project completion and promote and impact on the creation of sustainable integrated human settlements ▪ It promotes joint collaboration between the private sector and government in order to facilitate efficiency, effectiveness and fast-tracking of project development and delivery ▪ It promotes innovation in terms of the master spatial plan criteria and intentions as well as other areas of the project where innovation can be activated 266 7 3. APPROACH
The project seeks to achieve the following among others;
▪ Compile a detailed feasibility study, financial model and comprehensive business plan for the
SCCD project;
▪ Provide strategic recommendations on the development options and suitable project finance
structure that will attract various strategic public and private sector partners on the SCCD
project;
▪ Secure funding (for acquisition of land and bulk infrastructure) for the SCCD project`s
Technical Detailed Comprehensive Project Analysis & Feasibility Business Plan Close Out Inception Document Studies & TA Report Reviews
267 8 4. POLICY AND VISION CONTEXT
4.1 NATIONAL CONTEXT
• Section 26 of the SA Constitution (Act 108, 1996) provides for the right of access to adequate housing and places an obligation on the state to progressively realise access to adequate housing by using legislation and other measures within its available resources.
• The National Development Plan (NDP) has therefore put forward a plan to eradicate informal settlements, build integrated urban settlements and fast track housing provision by providing diversity in housing products and finance options (NDP,2030). 268 9 4. POLICY AND VISION CONTEXT (Cont..)
CPP TRANSFORMATIONAL TARGETS MINISTER’S SIX PACK OWNERSHIP • Target for direct black ownership should be a minimum of 40% TRANSFORMATION • A minimum community benefit of 10% as part of the direct black ownership component WOMEN • At least 30% of all project spend must benefit women and youth EMPOWERMENT • Direct women ownership should be a minimum of 30% • Ministerial directive that at least 30% of all project spend must benefit women and youth • Direct women ownership should be a minimum of 30% • Achieve 30% female representation in management control/executive directors and /or managers YOUTH • For temporary jobs, estimations will be based on the project construction cost, estimate person/day EMPOWERMENT and a labour rate of R230/person/day. • Potential job opportunities to be created must equal 10% of the Total Catalytic Projects Budget. This will result in an estimated 1.4 million job opportunities to be generated. • Linking the amount of youth to the project spend, possibly a ratio of 100 youth trained and employed in projects for every R10 million development spend. • For full –time job opportunities (2.5 jobs per R1 million construction costs) are estimated.
SUPPLIER • Direct black ownership material suppliers should be a minimum of 40%, TRANSFORMATION • Achieve 40% black ownership in material suppliers’ management control/executive directors and /or managers positions • A minimum community benefit of 10% as part of the direct black ownership component. CONTRACTORS • The contractors’ targeted direct black ownership should be a minimum of 40%, TRANSFORMATION • Achieve 40% black ownership in preferred contractors management control/executive directors and /or managers positions. • A minimum community benefit of 10% as part of the direct black ownership component.
269 10 4. POLICY AND VISION CONTEXT (Cont..)
4.2 PROVINCIAL CONTEXT
The five strategic goals highlighted in the Western Cape Provincial Strategic Plan for 2015 to 2020 include the following:
1. Create opportunities for growth and jobs;
2. Improve education outcomes and opportunities for youth development;
3. Increase wellness, safety and tackle social ills;
4. Enable a resilient, sustainable, quality and inclusive living environment;
5. Embed good governance and integrated service delivery through partnerships; and spatial alignment.
270 11 4. POLICY AND VISION CONTEXT (Cont..)
4.2 PROVINCIAL CONTEXT
The five strategic goals highlighted in the Western Cape Provincial Strategic Plan for 2015 to 2020 include the following:
1. Create opportunities for growth and jobs;
2. Improve education outcomes and opportunities for youth development;
3. Increase wellness, safety and tackle social ills;
4. Enable a resilient, sustainable, quality and inclusive living environment;
5. Embed good governance and integrated service delivery through partnerships; and spatial alignment.
271 12 4. POLICY AND VISION CONTEXT (Cont..)
4.3 MUNICIPAL CONTEXT
Bitou LM Knysna LM 2017-2022 IDP ▪ One of the biggest challenge facing Bitou is a 1. Provide housing opportunities and secure land shortage in housing, especially in the lower- and tenure; middle-income brackets. 2. Conduct an audit of all state–owned land which can ▪ The municipality, with the assistance of the be utilised for human settlement purposes; provincial human settlements department has 3. Formalize informal settlements where possible and embarked on a multiyear development programme appropriate; to address informal settlement issues and other 4. Decrease the housing backlog and reduce the housing forms of housing. waiting list per ward; 5. Pro-actively re-align the planning processes for The municipality plans to deliver the following total housing development with national and provincial housing units in the next five years. funding cycles; Year 2018 2019 2020 2021 2022 6. Effectively co-ordinate the statutory processes to Units 1250 250 500 750 1 000 accelerate the delivery of housing opportunities; 272 13 5. SCCD PROJECTS OVERVIEW
5.1 KNYSNA PROJECTS OVERVIEW No Project Name Project Status
1 KNCD- Ethembeni Implementation
2 KNCD- Sout Rivier Planning 3 KNCD- Endloveni Inception 4 Heidevallei Inception 5 Kruisfontein Inception
6 Concordia Planning Karatara 7 Sedgefield Infill Planning 8 Sedgefield Social Housing Site Inception 9 Rheenendal Inception Rheenendal 10 Karatara Inception 11 Identified Site 1 (ERF 12403) Inception
12 Identified Site 2 (Erf 2659) Inception Sedgefield 13 Identified Site 3 (Erven Planning 2660,2661,2663) Knysna CBD 14 Identified Site 4 (16068) Inception 15 Identified Site 5 (1351, 1146) Planning
16 Identified Site 6 (13555., 13556) Inception 17 Identified Site 7 (5084, 19047, 8978) Inception 273 14 5. SCCD PROJECTS OVERVIEW (Cont..)
5.2 BITOU PROJECTS OVERVIEW No Project Name Insitu Status
1 Qolweni Phase 3 Informal Settlements
2 Qolweni Phase 4 Informal Settlements
3 Qolweni Phase 5 Informal Settlements
4 Kwanokuthula Phase 4 On-going Project
5 Kwanokuthula Phase 5 Greenfields
6 Kwanokuthula Phase 6 Greenfields
7 Kurland Phase 3 Informal Settlements
8 Shell Ultra City Greenfields
9 Ebenhaezer Greenfields
10 Kurland Phase 4 Greenfields
11 Green Valley Greenfields
12 Kranshoek Greenfields
274 15 6.1 DEVELOPMENT OVERVIEW - KNYSNA
Extent (Ha) Compliance Developable Total Yield Per Project Name Ownership Full Extend Developable Proposed Developments Portion Housing SDF IDP Yield Hectare (ha) Portion (ha) (ha) KNCD Ethembeni Housing: BNG (110 of 200 units built to date) 90 Sanral 10.5 6.3 1.35 Yes Yes 67 Extension Social Amenities: Creche / Pre-Primary School 1 Housing: BNG, FLISP 464 79 KNCD Sout Rivier Sanral 9.9 5.94 5.87 No Yes Social Amenities: Private Pre-Primary School 2 KNCD Endloveni Sanral 4.03 2.42 2.30 No Yes Housing: TRA, BNG 300 131 Heidevallei Knysna LM 100 41.0 25 Yes Yes Housing: BNG, Social Housing, FLISP, Bonded 1751 70 Commercial: Convenience Shopping Centre (12 500 m2) 1 Local Business Centre (Offices etc) 1 Industrial (Light, Warehousing & Distribution) 1
Hotel & Conference Centre 1 Social Amenities: Private Pre-Primary School (Min 250 m2) 2 Primary School (Min 24 000 m2) 1 Secondary / High School (Min 46 000 m2) 1 Community Centre (Library, ICT Centre, Hall, etc) 1 Clinic 1 Private Hospital 1 Religious Facilities 4 Functional Open Space and Park Area 1 275 16 Sports Field 1 6.1 DEVELOPMENT OVERVIEW – KNYSNA (Cont..) Extent (Ha) Compliance Developable Yield Per Project Name Ownership Full Extend Developable Portion Proposed Developments Total Yield SDF IDP Hectare (ha) Portion (ha) Housing (ha)
Kruisfontein Public 141.3 15.0 11.5 Yes yes Housing: BNG, FLISP 850 74 Commercial: Convenience Shopping Centre (12 500 m2) 1 Social Amenities: Private Pre-Primary School 2 Community Centre 1 Police Station 1 Religious Facilities 1 Housing: TRA, FLISP 470 137 Concordia Private 3.8 3.8 3.42 Yes Yes Social Amenities: Private Pre-Primary School 1 Sedgefield Infill Sites Knysna LM 7 7.0 6 Yes Yes Housing: BNG 210 58 Housing: FLISP 385 69 Sedgefield Social Sanral 13.25 6.63 5.60 Yes Yes Social Amenities: Private Pre-Primary Housing School 1 Rheenandal Knysna & Private 34.6 20.76 17.76 Yes Yes Housing: TRA, Serviced Sites Scheme, BNG, FLISP, Bonded 1444 81 Commercial: Convenience Shopping Centre (8 500 m2) 1 Industrial (Light, Warehousing & Distribution) 1 Social Amenities: Private Pre-Primary School 2 Community Centre (Library, ICT Centre, Hall, etc) 1 Clinic / Medical Centre 1 276 17 Religious Facilities 1 6.1 DEVELOPMENT OVERVIEW – KNYSNA (Cont. …)
Extent (Ha) Compliance Developable Yield Per Project Name Ownership Full Extend Developable Proposed Developments Total Yield Portion SDF IDP Hecter (ha) Portion (ha) Housing (ha) Karatara Knysna LM 21 12.6 10 Yes Yes Housing: BNG, Serviced Site Scheme 754 75.4 Commercial: Convenience Shopping Centre (8 500 m2) 1 Social Amenities: Private Pre-Primary School 2 Primary School 1 Secondary / High School 1 Community Centre (Library, ICT Centre, Hall, etc) 1 Clinic / Medical Centre 1 Religious Facilities 2 Functional Open Space and Park Area 1 Cemetry 1 Sports Field 1 Housing: FLISP, Bonded 650 72 Social Amenities: Identified Site # 1 Jazz Spirit 130 Pty Ltd 19.4 11.64 9 Yes Yes Private Pre-Primary School 1 Sports Field 1 Identified Site # 2 Educational Trustee 1.9083 1.9 1.75 Yes Yes Housing: FLISP, Bonded 152 87 Identified Site # 3 Old Town Inv 706 C C 0.596 0.596 0.54 Yes Yes Housing: Bonded 60 112 Housing: Social Housing 40 103 Identified Site # 4 Bernstone Knysna Pty Ltd 0.4078 0.41 0.39 Yes Yes Commercial: Social Amenities: Private Pre-Primary School 1 Identified Site # 5 Renahill Prop C C 3.86 3.86 3.47 No No Housing: FLISP 209 60 Fraser Donald William 3.10 3.10 Housing: FLISP 200 71 Identified Site # 6 Russel 2.80 Yes Yes Social Amenities: 0 277 18 Identified Site # 7 Trackstar Trading 7 Pty Ltd 86.1 10.38 9.87 Yes Yes Housing: Serviced Site Scheme, FLISP 650 66 6.2 HOUSING OPPORTUNITIES - KNYSNA
Karatara: Residential Knysna Development Clusters Development, Approx. 754 Residential Opportunities
Rheenendal: Mixed Residential Development, Approx. 1324 Residential Opportunities
Knysna Core: Mixed use Residential Development, Approx. 6221 Residential Opportunities
Sedgefield: Mixed Residential Development, Approx. 1326 Residential Opportunities
278 6.3 COMMERCIAL OPPORTUNITIES - KNYSNA
Rheenendal: Karatara: Business Business Opportunities Opportunities 8500sqm, 8500sqm, Industrial Opportunities: 15000sqm Knysna Core: Business Opportunities 35500 sqm, Industrial Opportunities: Sedgefield: No 15000sqm Business Opportunities
Knysna Development Clusters 279 6.4 DEVELOPMENT SUMMARY - KNYSNA Knysna Local Municipality Temporay # Site Serviced Sites Social Bonded Potential Relocation BNG Housing FLISP Housing Total Yields Scheme Housing Housing Jobs Assistance 1. KDCD Extension 0 0 90 0 0 0 90 135 2. KNCD Sout Rivier 0 0 345 0 119 0 464 696 3. KNCD Endloveni 100 0 200 0 0 0 300 450 4. Heidenvallei 0 0 199 338 339 875 1751 2626.5 5. Kruisfontein 0 100 600 0 150 0 850 1275 6. Concordia 120 0 0 0 350 0 470 705 7. Sedgefield Infil Sites 0 140 210 0 0 0 350 525 8. Sedgefield Social Housing 0 0 0 0 385 0 385 577.5 9. Rheenandal 120 250 358 0 358 358 1444 2166 10. Karatara 0 500 254 0 0 0 754 1131 11. Identified Site # 1 0 0 0 0 200 450 650 975 12. Identified Site # 2 0 0 0 0 76 76 152 228 13. Identified Site # 3 0 0 0 0 0 60 60 90 14. Identified Site # 4 0 0 0 40 0 0 40 60 15. Identified Site # 5 0 0 0 0 209 0 209 313.5 16. Identified Site # 6 0 0 0 0 200 0 200 300 17. Identified Site # 7 0 450 0 0 200 0 650 975
Total 340 1440 2256 378 2586 1819 8819 13229 Percentage 3.9% 16.3% 25.6% 4.3% 29.3% 20.6% 100% 280 21 6.5 DEVELOPMENT OVERVIEW - BITOU Extent (Ha) Compliance Developable Yield Per Site Name Ownership Full Extend Developable Portion Proposed Developments Total Yield SDF IDP Hectare (ha) Portion (ha) Housing (ha)
Qolweni Phase 3 Bitou LM 11.4 9.1 5.8 Yes Yes Housing : Serviced Sites, BNG 433 75 Social Amenities: Private Pre-Primary School 1 Qolweni Phase 4 Bitou LM 14.8 11.5 10 Yes Yes Housing: TRA, Serviced Sites,BNG,FLISP 685 112 Minaar,Nucleonic Social Amenities: Private Pre-Primary School Qolweni Phase 5 Bitou LM 2.0 1.6 1.3 Yes Yes Housing: BNG 99 76 Social Amenities: Creche / Pre-Primary School 1 Kwanokuthula Phase Bitou LM 12.4 9.9 7.1 Yes Yes Housing: BNG 441 62 4 Social Amenities: Private Pre-Primary School 2 Community Centre (Library, ICT Centre, Hall, etc) 1 Clinic / Medical Centre 1 Religious Facilities 1 Functional Open Space and Park Area 1 Kwanokuthula Phase Bitou LM 91.9 36.8 17.4 Yes Yes Housing: Serviced Sites, BNG, Social Housing, FLISP 1173 67 5 Commercial: Convenience Shopping Centre (8 500 m2) 1 Local Business Centre (Offices etc) 1 Industrial (Light, Warehousing & Distribution) 1 Social Amenities: Private Pre-Primary School 1 Community Centre (Library, ICT Centre, Hall, etc) 1 Clinic / Medical Centre 1 Religious Facilities 2 Functional Open Space and Park Area 1 281 22 Cemetery 1 6.5 DEVELOPMENT OVERVIEW – BITOU (Cont.….) Extent (Ha) Compliance Developable Yield Per Site Name Ownership Full Extend Developable Portion Proposed Developments Total Yield SDF IDP Hecter (ha) Portion (ha) Housing (ha)
Ebenhaezer Private & Bitou 84.3 46.6 23.3 Yes Yes Housing: Serviced Sites, BNG, Social Housing, FLISP 1469 63 Commercial: Convenience Shopping Centre (8 500 m2) 1 Social Amenities: Community Centre (Library, ICT Centre, Hall, etc) 1 Clinic / Medical Centre 1 Police Station (Fully fledged with cells, counselling rooms 1 etc) Religious Facilities 2 Functional Open Space and Park Area 1 Sports Field 1 Kranshoek Public 60.0 45.5 25.9 Yes Yes Housing: Serviced Site Scheme, BNG, FLISP 1500 58 Commercial: Convenience Shopping Centre (6 500 m2) 1 Local Business Centre (Offices etc) 1 Industrial (Light, Warehousing & Distribution) 1 Social Amenities: Private Pre-Primary School 2 Primary School 1 Secondary / High School 1 Community Centre (Library, ICT Centre, Hall, etc) 1 Clinic / Medical Centre 1 Religious Facilities 2 Functional Open Space and Park Area 2 Sports Field 2 282 23 6.5 DEVELOPMENT OVERVIEW – BITOU (Cont.…)
Extent (Ha) Compliance Developable Yield Per Site Name Ownership Full Extend Developable Portion Proposed Developments Total Yield SDF IDP Hecter (ha) Portion (ha) Housing (ha) Green Valley Bitou LM 19.4 13.5 11.8 Yes Yes Housing: Serviced Site Scheme, BNG 730 62
Commercial: Convenience Shopping Centre (8 500 m2) 1 Social Amenities: Private Pre-Primary School 2
Community Centre (Library, ICT Centre, Hall, etc) 1 Religious Facilities 1 Functional Open Space and Park Area 1 Sports Field 1 Shell Ultra Housing: FLISP 80 64 Bitou LM 1.7 1.7 1.3 Yes Yes City Social Amenities: Functional Open Space and Park Area 1 Housing: Serviced Site Scheme, BNG, FLISP 1000 57 Commercial: Convenience Shopping Centre (8 500 m2) 1 Industrial (Light, Warehousing & Distribution) 1 Kurland Public 85.0 41.8 17.6 Yes yes Social Amenities: Phase 4 Private Pre-Primary School 2 Community Centre 1 Religious Facilities 2 Functional Open Space and Park Area 1 Housing: TRA, BNG 244 74 Kurland Social Amenities: Bitou & Private 1.3 1.3 1 Yes Yes Phase 3 Private Pre-Primary School 2 Functional Open Space and Park Area 1
283 24 6.6 HOUSING OPPORTUNITIES - BITOU
Bitou Development Clusters Kurland: Infill Residential Development, Approx. 1074 Residential Opportunities
Wittedrift: Residential Development, Approx. 730 Residential Opportunities
Plettenberg Bay: Mixed Use Residential Development, Approx. 4793 Residential Opportunities Kranshoek: Mixed Use Residential Development, Approx. 2850 Residential Opportunities
284 6.7 COMMERCIAL OPPORTUNITIES - BITOU
Bitou Development Clusters Kurland: Business Opportunities 8500sqm, Industrial Opportunities: 15000sqm
Wittedrift: Business Opportunities 8500sqm, Industrial Opportunities: 4900sqm
Plettenberg Bay: Business Opportunities Kranshoek: 26000sqm, Business Industrial Opportunities Opportunities: 13000sqm, 126500sqm Industrial Opportunities: 8500sqm
285 6.8 DEVELOPMENT SUMMARY - BITOU
Bitou Local Municipality
Temporay # Site Serviced Bonded Potential Relocation BNG Housing Social Housing FLISP Housing Total Yields Site Scheme Housing Jobs Assistance
1. Qolweni Phase 3 0 50 383 0 0 0 433 650
2. Qolweni Phase 4 500 30 597 0 28 0 1155 1733 3. Qolweni Phase 5 0 0 99 0 0 0 99 149 4. Kwanokuthula Phase 4 0 0 441 0 0 0 441 662
5. Kwanokuthula Phase 5 0 75 833 200 65 0 1173 1760 6. Kwanokuthula Phase 6 0 35 88 0 241 0 364 546
7. Ebenhaezer 0 65 1144 200 60 0 1469 2204 8. Kurland Phase 3 170 0 74 0 0 0 244 366
9. Kurland Phase 4 0 200 735 0 65 0 1000 1500 10. Shell Ultra City 0 0 0 0 80 0 80 120
11. Green Valley 0 30 700 0 0 0 730 1095
12. Kranshoek 0 200 1250 0 50 0 1500 2250
Total 670 685 6344 400 589 0 8688 13032 Percentage 7.7% 7.9% 73.0% 4.6% 6.8% 0.0% 100.0% 286 27 7. PRE - FEASIBILITY STUDY FINDINGS
287 28 7.1.1 KNYSNA MARKET STUDY - HOUSING
288 29 7.1.1 KNYSNA MARKET STUDY - HOUSING (Cont...)
▪ Over the next 10 Years the following additional Human Settlements Demand in Knysna of 11 272 is projected as follows: o 80% of demand will be in the Knysna Core Area; o 10% of demand will be in the Sedgefield; o 10% of demand will be throughout the municipality ▪ Its important that development takes place at or near major employment nodes with access to public transport and access to public amenities 289 30 7.1.2 BITOU MARKET STUDY - HOUSING
290 31 7.1.2 BITOU MARKET STUDY - HOUSING ( Cont..)
▪ Over the next 10 Years the following additional Human Settlements Demand in Knysna of 10 307 is Projected as follows: o 90% of demand will be in the Plettenberg Bay; o 10% of demand will be in a strategic locations throughout the municipality.10% of demand will be throughout the
municipality 291 32 7.2.1 LAND AVAILABILITY-KNYSNA Developable Full Extent Developable Total Budget for No Site Name Owner Portion Total Yield Yield Per Ha (Ha) Area (Ha) LA Housing (ha) 1 KNCD Ethembeni Extension Sanral 10.5 6.3 1.35 90 67 R - 2 KNCD Sout Rivier Sanral 9.9 5.9 5.87 464 79 R - 3 KNCD Endloveni Sanral 4.0 2.4 2.30 300 131 R - 4 Heidevallei Knysna LM 100.0 41.0 25.00 1751 70 R - 5 Kruisfontein Public 141.3 15.0 11.50 850 74 R - 6 Concordia Private 3.8 3.8 3.42 470 137 R 12,540,000 7 Sedgefield Infil Sites Knysna LM 7.0 7.0 6.00 350 58 R - 8 Social Housing Site Sanral 13.3 6.6 5.60 385 69 R - 9 Rheenandal Knysna LM & Private 34.6 20.8 17.76 1444 81 R 22,490,000 10 Karatara Knysna LM 21.0 12.6 10.00 754 75.4 R - 11 Identified Site # 1 Jazz Spirit 130 Pty Ltd 19.4 11.6 9.00 650 72 R 6,100,000 12 Identified Site # 2 Educational Trustees 1.9 1.9 1.75 152 87 R 6,297,390 13 Identified Site # 3 Old Town Inv 706 C C R 1,904,411 Old Town Inv 706 C C 0.60 0.60 0.54 60 112 R 1,765,955 Small Ruth Ann R 1,500,000 14 Identified Site # 4 Bernstone Knysna Pty Ltd 0.41 0.41 0.39 40 103 R 6,500,000 15 Identified Site # 5 Renanhill Prop C C R 2,848,560 3.86 3.86 3.47 209 60 Renhill Prop C C R 9,892,410 16 Identified Site # 6 Fraser Donald William Russell R 11,373,780 3.10 3.10 2.8 200 71 Fraser Donald William Russell R 2,155,230 17 Identified Site # 7 Trackstar Trading 7 Pty Ltd Knysna Erf 454 Inv Pty Ltd 650 66 Tresso Trading 79 Pty Ltd 86.1 10.38 9.87 R 16,500,000292 33 Totals for Knysna LM 461.8 153.34 116.61 8819 76 R 101,867,736 7.2.2 LAND AVAILABILITY - BITOU
Full Extent Developable Developable Total Budget for No Site Name Owner Portion Housing Total Yield Yield / Ha (Ha) Area (Ha) (ha) LA 1 Qolweni Phase 3 Bitou LM 11.4 6.8 5.8 433 75 R - Bitou LM 2 Qolweni Phase 4 14.8 11.5 10 1155 112 R 750,630 Minaar, Nucleonic 3 Qolweni Phase 5 Bitou LM 2 1.6 1.3 99 76 R - 4 Kwanokuthula Phase 4 Bitou LM 12.4 9.9 7.1 441 62 R - 5 Kwanokuthula Phase 5 Bitou LM 92 36.8 17.4 1173 67 R - 6 Kwanokuthula Phase 6 Bitou LM 29 11.5 5.1 364 71 R - 7 Ebenhaezer Private 84 46.6 23.3 1469 63 R 36,016,745 8 Kurland Phase 3 Bitou and Private 1.3 1.3 1 244 74 R - 9 Kurland Phase 4 Public 85 41.8 17.6 1000 57 R - 10 Shell Ultra City Bitou LM 1.7 1.7 1.3 80 64 R - 11 Green Valley Private-Bitou LM 19.4 13.5 11.8 730 62 R - 12 Kranshoek Mulitple Private 60 45.5 25.9 1500 58 R 19,200,000 Totals for Bitou LM 412.9 228.5 127.8 8688 68 R 55,967,375
293 34 7.3 ENGINEERING SERVICES FINDINGS – KNYSNA & BITOU
BULK INFRASTRUCTURE FUNDING REQUIREMENT KNYSNA
No Project Civil & Electrical 1 KNCD Ethembeni Extension R 15,924,000 BITOU 2 KNCD Sout Rivier R 7,710,000 3 KNCD Endloveni R 34,442,000 No Project Civil & Electrical 4 Heidevallei R 54,971,000 1 Qolweni Phase 3 R - 5 Kruisfontein R 62,884,000 2 Qolweni Phase 4 R - 6 Concordia (Cost covered in Endloveni) R - 3 Qolweni Phase 5 R - 7 Sedgefield Infil Sites R 2,000,000 4 Kwanokuthula Phase 4 R 32,151,453 8 Social Housing Site (Covered in Sedgefield Bulk) R - 9 Rheenandal R 7,800,000 5 Kwanokuthula Phase 5 R - 10 Karatara R 41,530,000 6 Kwanokuthula Phase 6 R - 11 Identified Site # 1 R 1,900,000 7 Ebenhaezer R 3,000,000 12 Identified Site # 2 R 1,000,000 8 Kurland Phase 3 R - 13 Identified Site # 3 R 1,000,000 9 Kurland Phase 4 R 15,312,000 14 Identified Site # 4 R 500,000 10 Shell Ultra City R - 15 Identified Site # 5 R 5,800,000 11 Green Valley R 37,648,000 16 Identified Site # 6 R 500,000 12 Kranshoek R 98,831,300 17 Identified Site # 7 R 6,700,000 Total R 186,942,753 Total R 244,661,000 Municipal Bulk* Municipal Bulk* Civil works to Clear Water station R 3,331,020 R 58,000,000 Raw water supply augmentation Mechanical works Clear Water station R 8,599,470 Bulk raw water pumping stations at Charlesford R 95,812,839 Electrical works Clear Water station R 7,364,500 Bulk water pipeline at Charlesford R 13,834,748 Electrical Capacity Upgrade R 12,500,000 New Waste Water Treatment Plant at Windheuwel R 129,960,000 Total R 31,794,990 Minor Upgrades of Waste Water Treatment Plant at KnysnaR 8,000,000 Overall (Exl Internal Services) R 218,737,743 Upgrading of Sedgefield Wastewater Infrastructure R 68,031,760 Electrical Network Capacity Upgrade R 50,000,000 Total R 423,639,347 294 35 Overall (Exl Internal Services) R 668,300,347 7.4.1 ENVIRONMENTAL FINDINGS - KNYSNA
PROJECT NAME ENVIRONMENTAL CRITICAL ECOLOGICAL SUPPORT AREA VEGETATION CLASSIFICATION ECOSYSTEM THREAT SPECIALIST RED FLAGS ASSESSMENT BIODIVERSITY STATUS STUDIES AREA KNCD (Former N2 Road Scoping EIA √ √ Southern Afromate Temprate Least Threatened Biodiversity None Reserve) Forest Specialist Scoping EIA √ (small portion) √ Knysna Sand Fynbos Critically Endangered Fresh Water Biodiversity Specialist Basic Assessment x √ Knysna Sand Fynbos Critically Endangered Environmental Biodiversity Assessment Practitioner KNCD Sout Rivier Scoping EIA √ √ Southern Afromate Temprate Least Threatened Biodiversity None Forest Specialist Heidevallei If more than 20ha of √ √ Southern Afromate Temprate Least Threatened Biodiversity Biodiversity & veg cleared = Scoping Forest Specialist Heritage EIA If more than 20ha of √ √ Knysna Sand Fynbos (CR) & Critically Endangered Fresh Water veg cleared = Scoping Southern Afromate Temprate & Least Threatened Specialist EIA Forest (LT) If more than 20ha of √ √ Knysna Sand Fynbos (CR), Critically Endangered, Heritage Specialist, veg cleared = Scoping Southern Afromate Temprate Least Threatened & Environmental EIA Forest (LT), South Outeniqua Vulnerable Specialist, Traffic Sandstone Fynbos (VU) Impact Concordia ROD issued in April 2015 Sedgefiled Cluster Sites Basic Assessment x x Southern Cape Dune Fynbos Vulnerable Biodiversity Biodiversity Specialist Rheenandal Scoping EIA Environmental Screening Environmental Environmental Environmental Required Screening Required Assessment Screening Required Practitioner Karatara Scoping EIA Environmental Screening Environmental Environmental Environmental Required Screening Required Assessment Screening295 Required36 Practitioner 7.4.1 ENVIRONMENTAL FINDINGS – KNYSNA (Cont..)
PROJECT NAME ENVIRONMENTAL ASSESSMENT CRITICAL ECOLOGICAL SUPPORT VEGETATION CLASSIFICATION ECOSYSTEM THREAT SPECIALIST STUDIES RED FLAGS BIODIVERSITY AREA STATUS AREA Identified Site 1 :ERF Environmental Authorization in 12403 Knysna progress. Only 40% of the property can be developed. Identified Site 2 :ERF Basic Assessment Required x x Garden Route Shale Fynbos Endangered Environmental 2659 Knysna Assessment Practitioner Identified Site 3 :ERF Basic Assessment Required x x Garden Route Shale Fynbos Endangered Environmental 13836,2661 Knysna Assessment Practitioner Identified Site 4 : ERF Basic Assessment √ √ Garden Route Shale Fynbos Endangered Biodiversity Biodiversity 16068 Knysna Specialist Environmental Assessment Practitioner Identified Site 5 :ERF RE/1146 Basic Assessment x x Garden Route Shale Fynbos Endangered Environmental 1146 & 1351 Knysna Required Assessment Practitioner RE/1351 Basic Assessment x x Garden Route Shale Fynbos Endangered Environmental Required Assessment Practitioner Identified Site 6 :ERF Basic Assessment Required x √ Garden Route Shale Fynbos Endangered Environmental 13555 & 13556 Knysna Assessment Practitioner Identified Site 7 :ERF Erf 5084 - Environmental 5084, 19047 & 8978 Authorization in Place Knysna 19047 - Basic Assessment x x Garden Route Shale Fynbos Endangered and Least (EN) & Southern Afromate Threatened Temprate Forest (LT) 8979 - Basic Assessment √ √ Garden Route Shale Fynbos Endangered and Least Biodiversity Biodiversity (EN) & Southern Afromate Threatened Specialist 296 37 Temprate Forest (LT) 7.4.2 ENVIRONMENTAL FINDINGS – BITOU CRITICAL ECOLOGICAL ECOSYSTEM VEGETATION SPECIALIST PROJECT NAME ENVIRONMENTAL ASSESSMENT BIODIVERSITY SUPPORT THREAT RED FLAGS CLASSIFICATION STUDIES AREA AREA STATUS ROD in Place A Record of Decision was issued Qolweni Phase 3 n/a n/a n/a n/a n/a None for this project on 5th September 1997 No Environmental approval from DEADP is required in terms of NEMA for the Qolweni Phase 4 n/a n/a n/a n/a n/a None development of Phase 4. A checklist in this regard was issued on the 1st July 2016. Portion of the site (Phase 5) lies within environmentally sensitive zones. Bitou LM has confirmed Environmental consultants have been Qolweni Phase 5 n/a n/a n/a n/a n/a that this process is appointed by Bitou Local Municipality and underway have already commenced with necessary environmental authorization applications. Kwanokuthula ROD in place, construction of houses None, construction in n/a n/a n/a n/a n/a Phase 4 underway progress Kwanokuthula The proposed site is bordered by and contains Phase 5 within environmentally sensitive zones. Bitou LM has confirmed Environmental consultants have been Kwanokuthula n/a n/a n/a n/a n/a that this process is appointed by Bitou Local Municipality and Phase 6 (Buffer underway have already commenced with necessary Zone) environmental authorization applications.
The proposed site is bordered by and contains within environmentally sensitive zones. Bitou LM has confirmed Environmental consultants have been Ebenhaezer n/a n/a n/a n/a n/a that this process is appointed by Bitou Local Municipality and underway have already commenced with necessary environmental authorization applications. 297 38 7.4.2 ENVIRONMENTAL FINDINGS – BITOU (Cont..)
CRITICAL ECOLOGICAL VEGETATION ECOSYSTEM PROJECT NAME ENVIRONMENTAL ASSESSMENT BIODIVERSITY SPECIALIST STUDIES RED FLAGS SUPPORT AREA CLASSIFICATION THREAT STATUS AREA The development proposal will require a water use authorization due to the fact that there is a watercourse in close proximity to the proposed Kurland Phase 3 site. A checklist dated 27 February 2018 for the determination of the n/a n/a n/a n/a n/a None, POE in place applicability of the NEMA environmental impact assessment regulations was submitted. Environmental None. The development Assessment Titsikamma Least potential of these Kurland Phase 4 If more than 20ha of veg cleared = Scoping EIA x x Practitioner Sandstone Fynbos Threatened. properties is extremely Fresh Water high. Specialist Bitou LM has confirmed No environmental process is required as the land has been disturbed Shell Ultra City n/a n/a n/a n/a n/a that this process is before and there are no listed activities underway Biodiversity Specialist Fresh Water Specialist Garden Route Shale Green Valley Basic Assessment √ √ Endangered Environmental Biodiversity Fynbos Assessment Practitioner Traffic impact Assessment South Outeniqua If more than 20ha of veg cleared = Scoping EIA x √ Vulnerable Biodiversity Specialist Sandstone Fynbos South Outeniqua Fresh Water Basic Assessment x X Vulnerable Sandstone Fynbos Specialist None. Kranshoek Environmental South Outeniqua If more than 20ha of veg cleared = Scoping EIA x √ Vulnerable Assessment Sandstone Fynbos Practitioner Traffic impact 298 Assessment 39 7.5.1 GEOTECHNICAL FINDINGS – KNYSNA
In general, most parcels located in the Knysna Local Municipality classified as Fair. • This was generally due to the prevalence of steep soil slopes that are in a state of quasi- equilibrium. Any anthropogenically- induced slope changes (i.e. oversteepened or become saturated through the implementation of development schemes) may result in instability of the unconsolidated and poorly stabilized dune sands.
• Although these potentially unstable steep slopes are prevalent, there are portions of the site that are developable but at a lower density.
• The upper, unconsolidated calcarenite horizons are often capped by a hard, secondary calcrete which can be difficult to excavate. At greater depth, consistencies of the sands vary from loose to very dense, depending on the extent to which the calcarenite has been leached, but are most commonly medium dense to dense.
• Founding conditions for light structures are consequently considered as favourable. 299 40 7.5.2 GEOTECHNICAL FINDINGS – BITOU
The development parcels located in the Bitou Local Municipality are generally favorable, and typically classified as Good.
• This is due to better geological conditions (anticipated presence of competent bedrock) and flatter topographies at each site. Notwithstanding, the Green Valley development parcel classifies as Fair due to the presence of steep slopes underlain by residual conglomerates of the Enon Formation.
• In general, rocks of the Table Mountain Group may pose certain problems for excavations, due to the anticipated shallow depth to bedrock. However, this does imply favourable founding conditions.
300 41 7.6. TOPOGRAPHICAL FINDINGS – KNYSNA & BITOU
• Knysna is characterized by Steep slopes, and daylighting sandstone. Portions of some of the
project sites are developable but at a lower density. There are some moderately steep slopes;
however, majority of the site are developable.
• The project sites in the Bitou area are generally flat, with the exception of Greenville. majority of
the site are developable with potential high density.
• The proposed yield and housing typologies took into consideration the variance in slopes where
in some areas the developable areas are far less that the land portion size.
301 42 8. FINANCIAL MODELLING
302 43 8.1. FINANCIAL MODELLING - KNYSNA
3. Project Financial Requirements
3.1 Capex Funding Requirement Knysna Total Budget 2019 2020 2021 Bulk infrastructure, bulk services, land acquisitions, professional fees and contigencies over the next 3 yrs 2,622,738,987 823,828,052 873,257,735 925,653,199
Finance Charges-over the next 50 yrs 1,112,720,582 157,163,924 323,757,683 631,798,975 Scheduled Maintanance for Infrastructure (over the next 50 yrs) 13,593,163 0 0 0
Total Capex Funding Requirement 3,749,052,732 980,991,976 1,197,015,419 1,557,452,174
3.2 Operating and Finance Charges (Top Structures) for the next 50 yrs Knysna Total Budget 2019 2020 2021 All Housing Typologies (See the detailed breakdown in 3.6 below) 3,424,955,039 1,075,811,986 1,140,360,705 1,208,782,348 All Commercial Opportunities (See the detailed breakdown in 3.6 below) 901,171,040 283,066,667 300,050,667 318,053,707 All Social Amenities (See the detailed breakdown in 3.6 below) 2,047,975,391 643,289,167 681,886,517 722,799,708 Total Fixed Costs 111,240,000 54,000,000 57,240,000 0 Corporate Tax (over 50 yrs) 3,089,127,017 0 0 0 Finance Charges on Debt (Over 50 yrs) 216,037,530 0 0 0 Total Opex (top structures including finance charges) 9,790,506,017 2,056,167,819 2,179,537,889 2,249,635,762
303 44 8.1. FINANCIAL MODELLING – KNYSNA (Cont..)
3.3. Total Funding Requirement Knysna Total Capex Requirements-Bulk infrastructure, bulk services, land acquisitions, professional fees and contigencies over the next 3 yrs 3,749,052,732
Total Opex Requirements (Top Structures including finance charges, corporate tax etc) 9,790,506,017
Total Funding Requirement 13,539,558,749
3.4 Contributions For Capex Only as per the NT Template (100% Allocation) Knysna
Potential Allocation 2019 2020 2021
National Treasury Contribution Towards Capex 2,491,093,727 782,476,984 829,425,603 879,191,140
Private Sector Contribution Towards Capex 1,112,720,582 157,163,924 323,757,683 631,798,975
Drawdown on Contributions for Capex 3,603,814,309 939,640,908 1,153,183,287 1,510,990,114
304 45 8.1. FINANCIAL MODELLING – KNYSNA (Cont..)
5. Detailed Costing of the Top Structures (Excluding CPI and Finance Charges)
Knysna Housing Total Units Value (Rs) Temporary Relocation Assistance (TRA) 340 - Serviced Stands Programme (120 sqm, up to slab level) 1,440 - BNG Housing 2,256 780,161,880 Social Housing 378 113,119,318 FLIPS Housing 2,586 1,477,229,760 Bonded Town Housing 1,819 856,925,000 Total 8,819 3,227,435,958 Note the rand values for top structures are exclusive of bulks, CPI and finance charges over the 3 year funding period.
Commercial Opportunities Knysna Total Units Value (Rs)
Convenience Shopping Centre (Min 8 500 m2) 4 428,750,000 Local Business Centre (Offices etc-Min 6 500 m2) 1 93,450,000 Industrial (Light, Warehousing & Distribution, Min 15 000m2 ) 2 147,000,000 Hotel & Conference Centre (Min 15 000 m2) 1 180,000,000 Total 849,200,000 Note the rand values for top structures are exclusive of bulks, CPI and finance charges over the 3 year funding period.
Social Public Amenities Knysna Total Units Value (Rs) Private Pre-Primary Facilities (Min 250m2) 16 26,000,000 Primary Schools (Min 24 000 m2)-i.e 1 private and 1 public 2 172,800,000 Secondary / High Schools (Min 46 000 m2) 2 662,400,000 Community Centre (Library, ICT Centre, Hall, etc; Min 3 500m2) 4 141,400,000 Clinic / Medical Centre (Min 2 500 m2) 3 140,812,500 Religious Facilities 1 4,250,000 Functional Open Space and Park Areas 8 9,620,000 Cemetry 2 20,000,000 Sports Field 1 3,750,000 Private Hospital (Min 25 000 m2) 1 700,000,000 Government District Hospital (485 bed)Excl. FF&E - - Police Station 1 28,800,000 Total 1,909,832,500 305 46 Note the rand values for top structures are exclusive of bulks, CPI and finance charges over the 3 year funding period. 8.1. FINANCIAL MODELLING – KNYSNA (Cont..)
4. Annual Rates and Taxes Income for Knysna and Bitou Knysna 50 Yr Period Total Annual Income Non-subdized housing properties 20,468,511 Commercial properties 14,204,993 Social Amenities 4,035,160 Total Potential Income from Rates and Taxes 11,057,228,094 38,708,664
306 47 8.2. FINANCIAL MODELLING - BITOU
3. Project Financial Requirements
3.1 Capex Funding Requirement Bitou Total Budget 2019 2020 2021 Bulk infrastructure, bulk services, land acquisitions, professional fees and contigencies over the next 3 yrs 943,238,833 296,280,573 314,057,408 332,900,852 Finance Charges-over the next 50 yrs 590,412,274 80,617,766 170,909,665 338,884,843 Scheduled Maintanance for Infrastructure (over the next 50 yrs) 4,888,629 0 0 0 Total Capex Funding Requirement 1,538,539,736 376,898,340 484,967,072 671,785,695
3.2 Operating and Finance Charges (Top Structures) for the next 50 yrs Bitou Total Budget 2019 2020 2021 All Housing Typologies (See the detailed breakdown in 3.6 below) 2,332,922,441 732,793,831 776,761,461 823,367,149 All Commercial Opportunities (See the detailed breakdown in 3.6 below) 1,100,238,895 345,595,833 366,331,583 388,311,478 All Social Amenities (See the detailed breakdown in 3.6 below) 1,753,155,460 550,683,333 583,724,333 618,747,793 Total Fixed Costs 148,320,000 72,000,000 0 0 Corporate Tax (over 50 yrs) 1,062,913,435 0 76,320,000 0 Finance Charges on Debt (Over 50 yrs) 1,043,935,580 0 0 0 Total Opex (top structures including finance charges) 7,441,485,811 1,701,072,998 1,803,137,378 1,830,426,420
307 48 8.2 FINANCIAL MODELLING – BITOU (Cont..)
3.3. Total Funding Requirement Bitou Total Capex Requirements-Bulk infrastructure, bulk services, land acquisitions, professional fees and contigencies over the next 3 yrs 1,538,539,736
Total Opex Requirements (Top Structures including finance charges, corporate tax etc) 7,441,485,811
Total Funding Requirement 8,980,025,547
3.4 Contributions For Capex Only as per the NT Template (100% Allocation) Bitou
Potential Allocation 2019 2020 2021
National Treasury Contribution Towards Capex 842,503,228 264,638,531 280,516,843 297,347,854
Private Sector Contribution Towards Capex 590,412,274 80,617,766 170,909,665 338,884,843
Drawdown on Contributions for Capex 1,432,915,502 345,256,298 451,426,508 636,232,696
308 49 8.2 FINANCIAL MODELLING – BITOU (Cont..)
5. Detailed Costing of the Top Structures (Excluding CPI and Finance Charges)
Bitou Housing Value (Rs) Temporary Relocation Assistance (TRA) 670 Serviced Stands Programme (120 sqm, up to slab level) - BNG Housing 1,797,406,440 Social Housing 119,654,733 FLIPS Housing 281,320,320 Bonded Town Housing - Total 2,198,382,163 Note the rand values for top structures are exclusive of bulks, CPI and finance charges over the 3 year funding period.
Commercial Opportunities Bitou Value (Rs)
Convenience Shopping Centre (Min 8 500 m2) 535,937,500 Local Business Centre (Offices etc-Min 6 500 m2) 280,350,000 Industrial (Light, Warehousing & Distribution, Min 15 000m2 ) 220,500,000 Hotel & Conference Centre (Min 15 000 m2) - Total 1,036,787,500 Note the rand values for top structures are exclusive of bulks, CPI and finance charges over the 3 year funding period.
Social Public Amenities Bitou Value (Rs) Private Pre-Primary Facilities (Min 250m2) 24,375,000 Primary Schools (Min 24 000 m2)-i.e 1 private and 1 public 172,800,000 Secondary / High Schools (Min 46 000 m2) 331,200,000 Community Centre (Library, ICT Centre, Hall, etc; Min 3 500m2) 247,450,000 Clinic / Medical Centre (Min 2 500 m2) 187,750,000 Religious Facilities 4,250,000 Functional Open Space and Park Areas 14,430,000 Cemetry 100,000,000 Sports Field 3,750,000 Private Hospital (Min 25 000 m2) - Government District Hospital (485 bed)Excl. FF&E 575,400,000 Police Station 28,800,000 309 50 Total 1,690,205,000 Note the rand values for top structures are exclusive of bulks, CPI and finance charges over the 3 year funding period. 8.2 FINANCIAL MODELLING – BITOU (Cont..)
4. Annual Rates and Taxes Income for Knysna and Bitou Bitou 50 Yr Period Total Annual Income Non-subdized housing properties 2,217,392 Commercial properties 9,600,652 Social Amenities 1,538,431 Total Potential Income from Rates and Taxes 3,804,594,705 13,356,475
310 51 8.3 FINANCIAL MODELLING – CONSOLIDATED
3. Project Financial Requirements
3.1 Capex Funding Requirement Consolidated SCCD Total Budget 2019 2020 2021 Bulk infrastructure, bulk services, land acquisitions, professional fees and contigencies over the next 3 yrs 3,565,977,820 1,120,108,625 1,187,315,143 1,258,554,051 Finance Charges-over the next 50 yrs 1,703,132,856 237,781,690 494,667,348 970,683,817 Scheduled Maintanance for Infrastructure (over the next 50 yrs) 18,481,792 0 0 0 Total Capex Funding Requirement 5,287,592,468 1,357,890,316 1,681,982,491 2,229,237,869
3.2 Operating and Finance Charges (Top Structures) for the next 50 yrs Consolidated SCCD Project Total Budget 2019 2020 2021 All Housing Typologies (See the detailed breakdown in 3.6 below) 5,757,877,480 1,808,605,817 1,917,122,166 2,032,149,496 All Commercial Opportunities (See the detailed breakdown in 3.6 below) 2,001,409,935 628,662,500 666,382,250 706,365,185 All Social Amenities (See the detailed breakdown in 3.6 below) 3,801,130,851 1,193,972,500 1,265,610,850 1,341,547,501 Total Fixed Costs 259,560,000 126,000,000 57,240,000 0 Corporate Tax (over 50 yrs) 4,152,040,452 0 76,320,000 0 Finance Charges on Debt (Over 50 yrs) 1,259,973,110 0 0 0 Total Opex (top structures including finance charges) 17,231,991,828 3,757,240,817 3,982,675,266 4,080,062,182
311 52 9.1 KNYSNA - PROJECT PROGRAMMING # Project Name Insitu Status Project Status Phasing Possible Interventions LONG Short Term MEDIUM TERM 1 Concordia Greenfields Planning Area to be declared a restructuring zone in terms of the SDF Review and taken through the province and national government for approval 2 Heidevallei Greenfields Inception Planning and relevant studies underway 3 KNCD-Ethembeni On-going Project Implementation Funding for Top Structures- Project at implementation 4 KNCD- Sout Rivier Informal Settlements Planning Planning to be initiated on identified land parcels 5 KNCD-Endloveni Informal Settlements Inception Planning to be initated on idenified land parcels 6 Kruisfontein Greenfields Inception Planning to be initiated on identified land parcels- a smaller portion of 30 ha to be used as a basis of negotiation with the DPW 7 Sedgefield Infill Greenfields Planning Private land portions to be acquired 8 Sedgefield Social Housing Greenfields Inception Land to be acquired from SANRAL- area to be declared a restructuring zone in terms of the Site review of the SDF 9 Karatara Greenfields Inception Identified land for human settlements to be included in the SDF Review 10 Rheenendal Informal Settlements- Inception Identified land for human settlements to be included in the SDF Review infill 11 Identified Site 1 (ERF Greenfields Inception Land to be acquired and planning around an integrated human settlements project fast- 12403) tracked. The SDF Review should reflect this 12 Identified Site 2 (Erf 2659) Greenfields Inception Department of Public Works should be engaged on the transfer of the land to the KLM for integrated human settlements- Area should be earmarked as a restructuring zone in terms of the SDF review 13 Identified Site 3 (Erven Greenfields Planning Land to be acquired and planning around an integrated human settlements project fasttracked. 2660,2661,2663) The SDF Review should reflect this 14 Identified Site 4 (16068) Greenfields Inception Land to be acquired and planning around an integrated human settlements project fast- tracked. The SDF Review should reflect this 15 Identified Site 5 (1351, Vacant land Planning Height restrictions should be reviewed in light of the Social housing potential in the inner city 1146) 16 Identified Site 6 (13555., Greenfields Inception restructuring zones to be amended and the SHI should be supported in order to fastrack 13556) planning approvals and also consider providing infrastructure to support this development 17 Identified Site 7 (5084, Greenfields Inception Planning to be amended to included lower and middle income housing. Increase in density to 19047, 8978) provide maximum number of Opportunities
Key Notes Short 0-3Years Medium 4-6 Years 312 53 Long >6 Years 9.2 BITOU – PROJECT PROGRAMMING
# Project Name Insitu Status Project Status Phasing Possible Interventions Short Term MEDIUM LONG TERM 1 Qolweni Phase 3 Informal Settlements Implementation Funding for Top Structures 2 Qolweni Phase 4 Informal Settlements Planning Approved Layouts to be Implemented 3 Qolweni Phase 5 Informal Settlements Planning Infill Development 4 Kwanokuthula Phase 4 On-going Project Implementation Project ongoing 5 Kwanokuthula Phase 5 Greenfields Planning Project in advanced planning stage 6 Kwanokuthula Phase 6 (Buffer Greenfields Planning Project in advanced planning stage Zone) 7 Kurland Phase 3 Informal Settlements Planning Project in advanced planning stage 8 Shell Ultra City Greenfields Planning Planning in advanced planning stage 9 Ebenhaezer Greenfields Planning Private land portions to be acquired 10 Kurland Phase 4 Greenfields Planning Land donated by the DRLR- Planning to be fasttracked 11 Green Valley Greenfields Planning Planning to be fasttracked 12 Kranshoek Greenfields Inception Private land portions to be acquired
Key Notes Short 0-3Years Medium 4-6 Years Long >6 Years
313 54 10. FUNDING MODEL & PROJECT FINANCE STRUCTURE
The Southern Cape Corridor Project is targeting the following funding envelopes (excluding SHRA, NHFC and commercial funding). The Housing Development Agency will submit the comprehensive business plan on behalf of Knysna and Bitou Local Municipalities. Key to the success of the SCCD Project is the project securing government funding on the critical bulk infrastructure especially water and sewer.
314 55 10. FUNDING MODEL & PROJECT FINANCE STRUCTURE
315 56 10. FUNDING MODEL & PROJECT FINANCE STRUCTURE
316 57 10. FUNDING MODEL & PROJECT FINANCE STRUCTURE
317 58 11. KEY MILESTONE ACHIEVED a) The proposals for each site, yields, financial model including the potential rates and taxes income,
phasing programme (based on project readiness and other factors) on the business plan have been
workshopped intensively to both municipalities and presented to the Technical Committee; b) Project now awaiting to be tabled to Councils for both municipalities; c) In terms of key engagements, SHRA and the PDHS has been engaged on the SCCD project. The
PDHS is assisting both municipalities on identification of Social Housing Institutions (SHIs)
among other key issues linked to implementing social housing projects; d) The HDA has begun brainstorming on the Investors Summit for the SCCD Project. The key
objective is to sell the SCCD project to leading developers and investors in affordable housing, retail,
industrial, hotel and social amenities in the SADC region.
318 59 12. IMPLEMENTATION PLAN Below is a summary of the proposed next steps and key recommendations for the SCCD project;
319 60 12. IMPLEMENTATION PLAN
320 61 12. IMPLEMENTATION PLAN
• Subject to a separate Council Approvals, while pursuing the grant funding envelopes, it is recommended that the HDA explore the possibility of front loading the bulk services requirements for highly bankable SCCD sites such as Heidevallei and Concordia using the DBSA loan facility to municipalities. • The rates and taxes income from the highly bankable sites will be ring-fenced and dedicated towards servicing the DBSA loan. • This will assist the SCCD project not to depend entirely on the grant funding for its implementation. • On receipt, a portion of the grant funding will be channeled towards reducing the DBSA loan facility. • It is also recommended that the HDA engages the services of a Marketing and Public Relations Firm to work with the appointed Transaction Advisor to prepare for the crucial Investors Summit on the SCDD Project.
321 62 THANK YOU
322 63 Section 4: Community Services
ITEM C/4/85/08/20
THE ADOPTION AND IMPLEMENTATION OF THE ROLES AND RESPONSIBILITY FOR COMMUNITY DEVELOPMENT WORKERS PROGRAMME (CDW) BETWEEN BITOU MUNICIPALITY AND THE WESTERN CAPE PROVINCE GOVERNMENT:DEPARTMENT OF LOCAL GOVERNMENT AND BITOU MUNICIPALITY
Directorate: Community Services Demarcation: All Wards Portfolio Comm.: Corporate & Community Services Delegation: Portfolio
File Ref: 16/6/6
Attachment: Annexure “A”: Memorandum of Agreement: Western Cape Government via its Department of Local Govt. and Bitou Municipality
Annexure “B” – Western Cape Government: Provincial Treasury – Circular Mun No. 12 of 2020
Report from: Director: Community Services
Author: Coordinator: Community Development Worker
Date: 9 August 2020
PURPOSE OF THE REPORT
The purpose of this report is to inform the Executive Mayoral Committee\ Council about the adoption and implementation of the roles and responsibility for community development worker programme (CDW) between Bitou municipality and the Western Cape Province government: Department of local government and Bitou municipality
INTRODUCTION:
The Bitou Municipal Council at its meeting held 26 June 2018 has approved an Institutional Structure / Organogram with Social Development Section, which is constituted among others Community Development Workers (CDW) Programme. Bitou Municipality employed permanent 6 (six) Community Development Workers and the Coordinator to service the following Wards/Areas.
BACKGROUND / DISCUSSION:
The Community Development Workers Programme (“CDW Programme”) aims to bring government closer to the people to enable government to respond to community needs. The objectives of the CDW Programme are set out in regulation 108 of the Public Service Regulations, 2016, The CDW Programme requires different spheres of government to cooperate with each other, as envisioned in Chapter 3 of the Constitution of the Republic of Soup Africa , 1996 and the intergovernmental Relations Framework Act, 13 of 2005 (“ the IGR Act”).
323 Section 4: Community Services
Discussion CDW in Bitou currently The total number of permanent CDW’s at Bitou municipality is 6 · There are 7 Wards in total at Bitou · There are 6 CDW’s that are budgeted for in this financial year, of which one position is vacant, and 5 are filled and the remaining 8 posts are vacant and unfunded. · The organisational structure makes provision for a total number of 14 CDW’s that will service the entire town in future.
On an ongoing basis, CDWs conduct door-to-door visits in communities to determine the extent of assistance required. Based on seasonal themes (e.g. World HIV/AIDS day, Municipal programmes and Event, Referrals to relevant department etc.) Bridging the gap between the Community and government departments, Municipalities concerned will determine the extent of CDW assistance required and areas of focus.
The focus for CDW Program’s 18/20 is Indigent Grant Subsidies, Alcohol Abuse Reduction, Early Childhood Development, Water Awareness Campaigns, Social Relief of Distress, Household Food Gardens; facilitate the establishment of Cooperatives, Facilitate Artisan Skills Development, support to Youth entrepreneurial initiatives, support to Arts and Crafts projects.
FINANCIAL IMPLICATION:
Waiting for Subsidy grant from Western Cape Provincial Government.
RELEVANT LEGISLATION
1. The constitution of the Republic of South Africa: No 108 of 1996. 2. Local Government: Municipal Finance Management Act, No. 56 of 2003 3. Local Government Municipal Systems Act 32 of 2000 4. Agreement between provincial Government and Bitou Municipality
Comments by Chief Financial Officer The recommendation by the Municipal Manager is supported.
Comments by Manager Legal Services The recommendation by the Municipal Manager is supported.
Comments by Manager: Corporate Services The recommendation by the Municipal Manager is supported.
Comments by Manager: Engineering services The recommendation by the Municipal Manager is supported.
Comments by Director Economic Development and Planning The recommendation by the Municipal Manager is supported.
324 Section 4: Community Services
RECOMMENDED BY THE MUNICIPAL MANAGER:
That the report be noted on the adoption and implementation of the roles and responsibility for community development workers programme (CDW) between Bitou municipality and the Western Cape Provincial Government: Department of Local Government and Bitou municipality.
RECOMMENDED BY THE EXECUTIVE MAYOR
1. That the report be noted on the adoption and implementation of the roles and responsibility for Community Development Workers Programme (CDW) between Bitou Municipality and the Western Cape Provincial Government: Department of Local Government.
2. That a letter be addressed to the Western Cape Provincial Government: Department of Local Government to enquire about the second Community Development Worker (CDW) as per the allocations to towns.
325 Annexure "A"
Reference: 14/2/2/K19/MOA 2018-2020
MEMORANDUM OF AGREEMENT
entered into by and between
THE WESTERN CAPE GOVERNMENT VIA ITS DEPARTMENT OF LOCAL GOVERNMENT
(Herein represented by Mr G Paulse in his capacity as Head of Department Local Government, duly authorised thereto)
(Hereinafter referred to as "the Department")
and
BITOU MUNICIPALITY
(Herein represented by Adv L Ngoqo In his capacity as Municipal Manager, duly authorised thereto)
(Hereinafter referred to as "the Municipality")
FOR THE IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT WORKERS PROGRAMME FOR THE PERIOD 1 JULY 2018 TO 30 JUNE 2020
, 326 PREAMBLE
A. The Community Development Workers Programme ("CDW Programme") aims to bring government closer to the people to enable government to respond to community needs. The objectives of the CDW Programme are set out in regulation 108 of the Public Service Regulations, 2016. The CDW Programme requires different spheres of government to cooperate with each other, as envisioned in Chapter 3 of the Constitution of the Republic· of South Africa, 1996 and the Intergovernmental Relations Framework Act, 13 of 2005 ("the IGR Act")/
B. The Department employs a number of Community Development Workers ("CDWs"), who are based in the jurisdictional area of the Municipality and who support National, Provincial and Local Government initiatives. The Municipality has agreed to assist with operationalising the CDW Programme by providing support to these CDWs in the form of, amongst others, administrative support, transportation and office space. Local Government Circular: C23 of 2019 issued by the Department and annexed hereto as Annexure "A" provides for the Department to transfer funds to the Municipality in · respect of expenses incurred by the Municipality in relation to the operational costs of the CDWs and the CDW Programme, as specified in this Memorandum of Agreement.
C. The Parties accordingly wish to conclude a Memorandum of Agreement, as provided for in section 35(1) of the IGR Act, to record their respective roles and responsibilities pertaining to the implementation of the CDW Programme.
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327 NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATION
1.1 In this Memorandum of Agreement, unless the context indicates a contrary intention, a word or expression which denotes:
1.1 .1 any gender shall include the other genders;
1.1.2 a natural person shall include juristic persons and vice versa; and
1.1.3 the singular shall include the plural and vice versa.
1.2 In this Memorandum of Agreement the following expressions bear the meanings assigned to them below and cognate expressions bear corresponding meanings:
1.2.1 "Commencement Date" means the date of signature of this Memorandum of Agreement by the Party signing last in time;
1.2.2 "Community Development Workers" and "CDWs" means the civil servants appointed in terms of the Public Service Act (Proclamation 103 of 1994) and the Public Service Regulations, 2016 as such. This Memorandum of Agreement applies to the CDWs employed by the Department and based in the jurisdictional area of the Municipality;
1.2.3 "Community Development Worker Programme" and "CDW Programme" means the initiative aimed at bringing government closer to the people to enable government to
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328 .,
better respond to community needs. The objectives of the CDW Programme are set out in regulation l 08 of the Public Service Regulations, 2016;
1.2.4 "Department" means the Western Cape Government via its Department of Local Government situated at 8th floor, Waldorf Building, 80 St Georges Mall, Cape Town, 8001;
1.2.5 "IGR Act" means the Intergovernmental Relations Framework Act, 13 of 2005;
l .2.6 "Municipality" means the municipality indicated on the cover page of this Memorandum of Agreement;
1.2.7 "Memorandum of Agreement" means this Memorandum of Agreement, together with any annexures hereto, and "this Memorandum of Agreement" has a corresponding meaning;
1.2.8 "Municipal Dedicated Official" means the official designated by the Municipality to be responsible for the CDW Programme;
1.2.9 "Operational Plan" means the document annexed hereto as Annexure "B"; and
1.2.1 0 "Parties" means the Department and the Municipality, and "Party" means either one of them as the context may require.
1.3 In the event of any inconsistency between the provisions contained in the body of this Memorandum of Agreement and the provisions contained in any Annexure to this Memorandum of Agreement, the
4
329 provisions of this Memorandum of Agreement will prevail over the provisions of the Annexures.
1.4 The headings of the clauses in this Memorandum of Agreement are for the purposes of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this Memorandum of Agreement nor any clause thereof.
1.5 If any provision in a definition is a substantive provision conferring rights or imposing obligat/ons on any Party, effect shall be given to it as if it were a substantive clause in the body of this Memorandum of Agreement, notwithstanding that it is only contained in the interpretation clause.
1.6 When any number of days is prescribed in this Memorandum of Agreement, it shall be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a Saturday, Sunday or Public Holiday in the Republic of South Africa, in which event the last day shall be the next succeeded business day. Where business days are referred to, the calculation of such business days shall exclude all Saturdays, Sundays and Public Holidays in the Republic of South Africa.
2, PURPOSE OF MEMORANDUM OF AGREEMENT
2.1 The Municipality will assist with operationalising the CDW Programme by providing support the CDWs employed by the Department and based in the jurisdictional area of the Municipality, which support will include, amongst others, the provision of administrative support, transportation and office space. These CDWs support National, Provincial and Local Government initiatives. The Department will transfer funds to the Municipality in respect of expenses incurred by the Municipality in
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330 "
relation to the operational costs of the CDWs and the CDW Programme, as provided for in this Memorandum of Agreement.
2.2 The purpose of the Memorandum of Agreement is to record the roles and responsibilities of each Party pertaining to the implementation of the CDW Programme, in particular in respect of the support that will be provided by the Municipality to the CDWs based in the jurisdictional area of the Municipality and the transfer of funds by the Department to the Municipality for expenses incurred by the Municipality in relation to the operational costs of the CDWs and the CDW Programme.
3. DURATION
This Memorandum of Agreement shall come into effect on the Commencement Date and shall, unless otherwise provided for in this Memorandum of Agreement, remain in force until 30 June 2021.
4. FUNDING/PAYMENT
4.1 The Department will pay the Municipality an amount of R 38 000 (Thirty Eight Thousand Rand ) ("the Funds") within 30 (thirty) days of the Commencement Date, in a single payment, in respect of expenses, inclusive of VAT, incurred by the Municipality during the period 1 July 2018 to 30 June 2020, in relation to the operational costs of the CDWs and the CDW Programme, as set out in the Operational Plan.
4.2 The Funds (or any part thereof) will be paid into the Municipality's primary bank account, opened in accordance with section 8 of the Municipal Finance Management Act, 2003, the details of which are set out hereunder:
6
331 Account Name: Bitou Municipality Account Number: 1089911513 Bank: Nedbank Branch Name: Plettenberg Bay Branch Code: 198765
4.3 The Municipality may not incur any capital expenses or acquire any capital assets on behalf of the CDWs, and may not incur expenses relating to subsistence for the CDWs.
4.4 In the event that the Municipality is unable to utilise all the Funds by 30 June 2020, the Beneficiary may utilise the remaining Funds during the Beneficiary's 2020/2021 financial year, subject to such Funds being utilised for their intended purpose, provided that the Department's CDW Directorate has consented thereto in writing, and subject to any further conditions imposed by the Department.
5. OPERATIONAL PLANS
The CDWs will be responsible for and dedicated to activities within the wards or sub-councils of the Municipality.
6. WORKING HOURS
6.1 The CDWs shall comply with the working hours determined by the Department.
6.2 The time allocated to the different activities shall be as per the work schedules agreed between the Parties.
7 fa 332 7. ROLES AND RESPONSIBILITIES OF THE MUNICIPALITY
7.1 The Municipality will assist with operationalising the CDW Programme by providing support the CDWs employed by the Department and based in the jurisdictional area of the Municipality, which support will include, amongst others, the provision of administrative support, transportation and office space, as set out in the Operational Plan.
7.2 In respect of Human Resources, the CDWs will report to CDW Supervisors, being Departmental officials appointed on post level 8. The responsibility for the functional and operational management of the CDWs shall be vested with the CDW Supervisors in conjunction with the relevant Sub-Council Manager or Municipal Dedicated Official in his/her capacity as a duly appointed official of the Municipality. The responsibilities of the Sub-Council Manager or Municipal Dedicated Official shall include, but not be limited to:
7.2.1 ensuring that the CDWs devote their time and attention to the CDW Programme;
7.2.2 ensuring that the CDWs comply with all applicable legislative and other prescripts when working on the CDW Programme, to ensure the efficient management and functioning of the CDW Programme;
7.2.3 ensuring that the CDWs adhere to the working hours referred to in clause 6 above when working on the CDW Programme. In this regard a register will be kept by the relevant Sub-Council Manager or Municipal Dedicated Official, which register will be provided to the Department;
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333 7.2.4 ensuring that CDWs maintain proper records and report on work completed in respect of the CDW Programme;
7.2.5 monitoring and evaluating the execution of activities relating to the CDW Programme;
7.2.6 reporting breaches of a disciplinary and/or contractual nature to the relevant CDW Supervisor or CDW Regional Coordinator and submitting a copy of such reports to the Municipal · Manager or his authorised delegate for information purposes. Such reports may recommend the implementation of corrective disciplinary procedures in terms of the Code of Conduct of the Department and the relevant legislation;
7.2.7 receiving reports on the outcome of disciplinary procedures relating to reported breaches as outlined in clause 7 .1.6 above;
7.2.8 maintaining the confidentiality of all reports and all other information related to the CDWs, including their personal information; and
7.2.9 recommending the redeployment of a CDW or CDWs for operational reasons in which event the Municipality and the Department must jointly consider such recommendation/s and either re-assigned affected CDWs or withdraw their services from the Municipality.
9
334 8. ROLES AND RESPONSIBILITIES OF THE DEPARTMENT
8.1 The Department shall inform all CDWs that the Municipality is not liable for any of the Department's obligations in terms of any contract of employment between the Department and the CDWs.
8.2 The Department shall consider recommendations from the Municipality in respect of disciplinary actions to be instituted against any particular CDW.
8.3 The Department shall submit to the Municipality monthly reports, pertaining to the CDW Programme, which contains Provincial tasks assigned to the CDWs for the forthcoming month, on or before the 1st (first) business day of every month, for the duration of this Memorandum of Agreement.
8.4 The Department undertakes to inform each CDW that they may not promote the interests of any political party while performing their functions in terms of this Memorandum of Agreement.
9. FINANCIAL AND ACCOUNTING MATTERS
The Municipality must:
9 .1 ensure that effective, efficient and transparent financial management and internal control systems are in place and remain in place for the duration of this Memorandum of Agreement;
9.2 maintain appropriate accounting records in compliance with generally accepted accounting practices for the duration of the Memorandum of Agreement;
10
335 9 .3 furnish the Department with a written assurance of compliance in terms of section 38 of the Public Finance Management Act, 1999 which is to be attached as Annexure "C" to this Memorandum of Agreement;
9.4 utilise the Funds only for the purpose for which they were approved, as set out in this Memorandum of Agreement;
9.5 utilise the interest earned on the investment of the Funds solely for operational costs of the CDWs and the CDW Programme; and
9.6 ensure that it maintains complete documentary evidence of all and any payments made from the Funds, including, but not limited to, expenditure vouchers and cashed cheques, indicating the relevant reference number, which must be retained for audit purposes.
10. MONITORING AND EVALUATION
10.1 The Municipality must submit a written expenditure report and a written final expenditure report, to the Department detailing the expenses incurred by the Municipality in relation to the operational costs of the CDWs and the CDW Programme, by:
10.1.1 31 March 2020, in respect of the period 1 July 2018 to 30 June 2019 (i.e. the written expenditure report); and
10.1.2 31 August 2020, in respect of the period 1 July 2019 to 30 June 2020 (i.e. the written final expenditure report).
10.2 The expenditure reports must be submitted in line with the template expenditure report annexed hereto as Annexure "D", which report must
11
336 be signed and certified by the Chief Financial Officer and Municipal Manager of the Municipality, and must be accompanied by the supporting documentation stipulated by the Department.
10.3 The above-mentioned reports must reflect a detailed breakdown of expenditures and the balance of the Funds. These reports must be submitted together with any supporting/substantiating document(s).
10.4 The Department reserves the right to request additional information pertaining to any matters raised in or omitted from a report.
10.5 The Parties will meet periodically to discuss the CDW Programme, the implementation of this Memorandum of Agreement and any matters related thereto.
10.6 The Municipality grants authorised officials of the Western Cape Government access to its financial records, documents and other evidence pertaining to the CDWs and/or the CDW Programme.
11. NATURE OF RELATIONSHIP
11.1 The terms and conditions of this Memorandum of Agreement only apply to the CDWs employed by the Department and based in the jurisdictional area of the Municipality.
11 .2 This Memorandum of Agreement shall not render the Department a temporary employment service, labour broker, employee, agent, or contractor of the Municipality for any purpose.
11.3 The CDWs shall not be considered the employees of the Municipality. The Municipality shall not be liable to any party, including CDWs, in the
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337 event of any contravention by the Department of any of its obligations to the CDWs.
12. LIAISON BETWEEN THE PARTIES
The Parties agree to liaise with each other through the following persons or their successors:
For the Department: Mr Heinrich Magerman Director: CDW Programme Phone number: 021 483 2865 Fax number: 021 483 4766 E-mail address: [email protected]
For the Municipality: Adv L Ngoqo Municipal Manager Phone number: 0445013172 E-mail address: [email protected]
13. GOOD FAITH AND REASONABLENESS
13.1 In their dealings with each other for the purposes of this Memorandum of Agreement, the Parties undertake to act reasonably and in good faith and warrant that they shall not do anything or refrain from doing anything that may prejudice or detract from the powers or functions of the other.
13.2 This Memorandum of Agreement does not in any way limit any statutory powers and functions of the Parties.
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338 14. BREACH
If either of the Parties breaches any or all of the terms and conditions of this Memorandum of Agreement, and fails to remedy such breach within 21 (twenty-one) business days of receiving written notice from the other Party requiring it to do so, the innocent Party may, without detriment to any other remedy which may be available to it in law, cancel this Memorandum of Agreement.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15. l This Memorandum of Agreement shall be governed by and construed in accordance with the Laws of the Republic of South Africa.
15.2 In the event of any dispute arising from this Memorandum of Agreement, the Parties shall make everyeffort to settle such dispute amicably.
15.3 If the dispute is not capable of being settled amicably between the Parties, such dispute shall be elevated to the Senior Management/Executive or their duly designated representatives for mediation purposes, within seven (7) days of the dispute having arisen.
15.4 Should the dispute, despite such mediation, remain unresolved for a period of thirty (30) days after being so referred, either Party may declare such dispute a formal intergovernmental dispute by notifying the other Party of such declaration in writing, in which event the Parties will follow the procedure as outlined in the IGR Act.
14 339 :
15.5 Should the dispute still remain unresolved, the dispute will be adjudicated by a competent court of law with jurisdiction to hear the matter.
16. CONFIDENTIALITY
16.1 The Parties shall treat all information furnished by the other for purposes of the execution of this Memorandum of Agreement. as confidential. The Party furnished with such information shall not disclose such information to a third party without the prior written consent of the other Party and shall take all reasonable steps to ensure that such information in not disclosed to third parties.
16.2 The Municipality shall not divulge any confidential information relating to the CDWs, including their personal information, to any third party.
17. NON-LIABILITY FOR DAMAGES, LOSSES OR EXPENSES INCURRED BY OTHER PARTY
Neither Party will be liable for any damages, losses or expenses incurred by the other Party pursuant to the performance by either Party of its obligations in terms of this Memorandum of Agreement. save in respect of clause 14 hereof.
18. NOTICES AND DOMICILIUM
18.1. The Parties choose as their respective domici/ium citandi et executandi for the purposes of legal proceedings and for the purpose of giving or sending any notice provided for or necessary in terms of this Memorandum of Agreement. the following addresses:
15 340 THE DEPARTMENT The Head of Department Department of Local Government
8th Floor, Waldorf Building 80 St Georges Mall Cape Town 8001
THE MUNICIPALITY The Municipal Manager Bitou Municipality Private Bag Xl002 Plettenberg Bay 6600
18.2 Either Party shall be entitled from time to time by written notice to the other Party, to vary its domicilium to any other physical address.
18.3 All notices to be given in terms of this Memorandum of Agreement shall be given in writing and be delivered or sent by prepaid registered post to the Party's chosen domici/ium citandi et executandi.
18.4 If delivered by hand, a notice shall be presumed to have been received on the date of delivery, or, if sent by prepaid registered post, be presumed to have been received 7 (seven) business days after the date of posting.
18.5 Notwithstanding anything to the contrary contained in this Memorandum of Agreement, a written notice or communication actually received by one of the Parties from the other Party shall be adequate written notice of communication to such Party.
16 341 � Signed at ...... on this ...... day of ...... 2019 in the presence of the undersigned witnesses.
FOR THE DEPARTMENT
AS WITNESSES:
Signature Name also in capital letters
Signature Name also in capital letters
Signed at f��':'·½···k·�··· on this .. ?.\ ... day of .....J.c:-:�·9······ 2019 in the presence of the undersigned witnesses.
AS WITNESSES:
_,,___,,____,____,__""-='-'-'-'-'F--"-'-'--. \
l_)D:mS.'A C). b,\filli\ 18 342 Annexure "B" Western Cape Ms Zoleko Hans Government Local Government Revenue and Expenditure [email protected] Provlnc!al Treasury tel: +27 21 483 3845 Reference: RCS/C.5 Private Bag X9 l 65 CAPETOWN 8000 TREASURY CIRCULAR MUN NO. 12 OF 2020 THE MAYOR, CITY OF CAPE TOWN: MR D PLATO THE MAYOR. WEST COAST DISTRICT MUNICIPALITY: MR H CLEOPHAS THE MAYOR, MATZIKAMA MUNICIPALITY: MS M BAINS THE MAYOR, CEDERBERG MUNICIPALITY: MS S QUANTA THE MAYOR, BERGRIVIER MUNICIPALITY: MR R VAN ROOY THE MAYOR, SALDANHA BAY MUNICIPALITY: MR M KOEN THE MAYOR, SWARTLAND MUNICIPALITY: MR T VAN ESSEN THE MAYOR. CAPE WINELAND$ DISTRICT MUNICIPALITY: DR H VON SCHLICHT THE MAYOR, WITZENBERG MUNICIPALITY: MR BC KLAASEN THE MAYOR. DRAKENSTEIN MUNICIPALITY: MR CJ POOLE THE MAYOR, STELLENBOSCH MUNICIPALITY: ADV G VAN DEVENTER THE MAYOR, BREEDE VALLEY MUNICIPALITY: MS A STEYN THE MAYOR, LANGEBERG MUNICIPALITY: MR HM JANSEN THE MAYOR; OVERBERG DISTRICT MUNICIPALITY: MR A FRANKEN THE MAYOR, THEEWATERSKLOOF MUNICIPALITY: MS CJM VOS LOO THE MAYOR, OVERSTRAND MUNICIPALITY: MR D COETZEE THE MAYOR. CAPE AGULHAS MUNICIPALITY: MR PJ SWART THE MAYOR, SWELLENDAM MUNICIPALITY: MR NG MYBURGH THE MAYOR, GARDEN ROUTE DISTRICT MUNICIPALITY: MR M BOOYSEN THE MAYOR. KANNALANDMUNICIPALITY: MS M BARRY THE MAYOR, HESSEQUA MUNICIPALITY: MR GRIDDLES THE MAYOR, MOSSEL BAY MUNICIPALITY: MR HJ LEVEN DAL THE MAYOR, GEORGE MUNICIPALITY: MS C CLARKE (ACTING) THE MAYOR, OUDTSHOORN MUNICIPALITY: MR CF SYLVESTER THE MAYOR, BITOU MUNICIPALITY: MR MP LOBESE THE MAYOR, KNYSNA MUNICIPALITY: MR EVAN ASWEGEN THE MAYOR. CENTRAL KAROO DISTRICT MUNICIPALITY: DR A RABIE THE MAYOR. LAINGSBURG MUNICIPALITY: MR M GOUWS THE MAYOR, PRINCE ALBERT MUNICIPALITY: MR G LOITERING THE MAYOR, BEAUFORT WEST MUNICIPALITY: MR N CONSTABLE THE MUNICIPAL MANAGER, CITY OF CAPE TOWN: ADV L MBANDAZA YO THE MUNICIPAL MANAGER, WEST COAST DISTRICT MUNICIPALITY: MR D JOUBERT THE MUNICIPAL MANAGER, MATIIKAMAMUNICIPALITY: MR A HENDRICKS (ACTING) THE MUNICIPAL MANAGER, CEDERBERG MUNICIPALITY: MR H SLIMMERT {ACTING) THE MUNICIPAL MANAGER, BERGRIVIER MUNICIPALITY: ADV. H LINDE THE MUNICIPAL MANAGER. SALDANHA BAY MUNICIPALITY: MR H METTLER THE MUNICIPAL MANAGER, SWARTLAND MUNICIPALITY: MR J SCHOLTZ THE MUNICIPAL MANAGER. CAPE WINELANDS DISTRICT MUNICIPALITY: MR H PRINS THE MUNICIPAL MANAGER, WITZENBERG MUNICIPALITY: MR D NASSON THE MUNICIPAL MANAGER, DRAKENSTEIN MUNICIPALITY: DR J LEIBBRANDT THE MUNICIPAL MANAGER, STELLENBOSCH MUNICIPALITY: MSG METTLER THE MUNICIPAL MANAGER, BREEDE VALLEY MUNICIPALITY: MR D McTHOMAS THE MUNICIPAL MANAGER. LANGEBERG MUNICIPALITY: MR SA MOKWENI THE MUNICIPAL MANAGER, OVERBERG DISTRICT MUNICIPALITY: MR D BERETTI THE MUNICIPAL MANAGER, THEEWATERSKLOOF MUNICIPALITY: MR D LOUW {ACTING) THE MUNICIPAL MANAGER, OVERSTRAND MUNICIPALITY: MR C GROENEWALD THE MUNICIPAL MANAGER, CAPE AGULHAS MUNICIPALITY: MR D O'NEILL THE MUNICIPAL MANAGER, SWELLENDAM MUNICIPALITY: MR A GROENEWALD THE MUNICIPAL MANAGER, GARDEN ROUTE DISTRICT MUNICIPALITY: MR M STRATU THE MUNICIPAL MANAGER, KANNALAND MUNICIPALITY: MR R STEVENS THE MUNICIPAL MANAGER, HESSEQUA MUNICIPALITY: MR J JACOBS THE MUNICIPAL MANAGER, MOSSEL BAY MUNICIPALITY: ADV MG GILIOMEE THE MUNICIPAL MANAGER. GEORGE MUNICIPALITY: MR T BOTHA THE MUNICIPAL MANAGER, OUDTSHOORN MUNICIPALITY: MR R SMlf [ACTING) www.westerncooe.gov .za Provincial Treasury [ Local Government Revenue and Expenditure • 343 THE MUNICIPAL MANAGER, BITOU MUNICIPALITY: ADV L NGOQO THE MUNICIPAL MANAGER, KNYSNA MUNICIPALITY: DR L SCHEEPERS (ACTING) THE MUNICIPAL MANAGER, CENTRAL KAROO DISTRICT MUNICIPALITY: MR S JOOSTE THE MUNICIPAL MANAGER, LAINGSBURGMUNICIPALITY: MR J BOOYSEN {ACTING) THE MUNICIPAL MANAGER, PRINCE ALBERT MUNICIPALITY: MS A VORSTER THE MUNICIPAL MANAGER, BEAUFORT WEST MUNICIPALITY: MR K HAARHOFF THE CHIEF FINANCIAL OFFICER, CITY Of CAPE TOWN: MR K JACOBY THE CHIEF FINANCIAL OFFICER, WEST COAST DISTRICT MUNICIPALITY: DR JCP TESSELAAR THE CHIEF FINANCIAL OFFICER, MATZIKAMA MUNICIPALITY: MR E ALFRED THE CHIEF FINANCIAL OFFICER, CEDERBERG MUNICIPALITY: MR G SEAS /ACTING) THE CHIEF FINANCIAL OFFICER, BERGRIVIER MUNICIPALITY: MR f LOTTER THE CHIEF FINANCIAL OFFICER, SALDANHA BAY MUNICIPALITY: MR S VORSTER THE CHIEF FINANCIAL OFFICER, SWARTLAND MUNICIPALITY: MR M BOLTON THE CHIEF FINANCIAL OFFICER. CAPE WINELANDS DISTRICT MUNICIPALITY: MS FA DU RAAN-GROENEWALD THE CHIEF FINANCIAL OFFICER, WITZENBERG MUNICIPALITY: MR A RAUBENHEIMER THE CHIEF FINANCIAL OFFICER, DRAKENSTEIN MUNICIPALITY: MR B BROWN THE CHIEF FINANCIAL OFFICER, STELLENBOSCH MUNICIPALITY: MR K CAROLUS THE CHIEF FINANCIAL OFFICER, BREEDE VALLEY MUNICIPALITY: MR R ONTONG THE CHIEF FINANCIAL OFFICER, LANGEBERG MUNICIPALITY: MR M SH UDE (ACTING) THE CHIEF FINANCIAL OFFICER, OVERBERG DISTRICT MUNICIPALITY: MR C HOFFMAN THE CHIEF FINANCIAL OFFICER, THEEWATERSKLOOF MUNICIPALITY: MR A RIDDLES {ACTING) THE CHIEF FINANCIAL OFFICER, OVERSTRAND MUNICIPALITY: MS S REYNEKE-NAUDE THE CHIEF FINANCIAL OFFICER, CAPE AGULHAS MUNICIPALITY: MR H VAN BILJON THE CHIEF FINANCIAL OFFICER, SWELLENDAM MUNICIPALITY: MR H SCHLEBUSCH THE CHIEF FINANCIAL OFFICER, GARDEN ROUTE DISTRICT MUNICIPALITY: MR JW DE JAGER THE CHIEF FINANCIAL OFFICER, KANNALAND MUNICIPALITY: MR R BUTLER THE CHIEFFINANCIAL OFFICER, HESSEQUA MUNICIPALITY: MS HJ VILJOEN THE CHIEF FINANCIAL OFFICER, MOSSEL BAY MUNICIPALITY: MR OM ASMAL THE CHIEF flNANCIAL OFFICER, GEORGE MUNICIPALITY: MS Z VAN ROOYEN (ACTING) THE CHIEF FINANCIAL OFFICER, OUDTSHOORN MUNICIPALITY: (MR G DE JAGER) THE CHIEF FINANCIAL OFFICER, BITOU MUNICIPALITY: MR V MKHEFA THE CHIEF FINANCIAL OFFICER, KNYSNA MUNICIPALITY: MR M MEIMANI THE CHIEF FINANCIAL OFFICER, CENTRAL KAROO DISTRICT MUNICIPALITY: MS U BAARTMAN THE CHIEF FINANCIAL OFFICER, LAINGSBURG MUNICIPALITY: MS A GROENEWALD THE CHIEF FINANCIAL OFFICER, PRINCE ALBERT MUNICIPALITY: MR J NEETHLING THE CHIEF FINANCIAL OFFICER, BEAUFORT WEST MUNICIPALITY: MR CJ KYMDELL THE HEAD OFFICIAL: PROVINCIAL TREASURY {MR D SAVAGE) THE DEPUTY DIRECTOR-GENERAL: FISCAL AND ECONOMIC SERVICES !MR AA PHILLIPS) (ACTING) THE DEPUTY DIRECTOR-GENERAL: GOVERNANCE AND ASSET MANAGEMENT (MS J GANTANA) THE CHIEF DIRECTOR: PUBLIC POLICY SERVICES (MR M BOOYSEN) (ACTING) THE CHIEF DIRECTOR: PROVINCIAL GOVERNMENT PUBLIC FINANCE (MS A PICK) (ACTING) THE CHIEF DIRECTOR: LOCAL GOVERNMENT PUBLIC FINANCE (VACANT) THE CHIEF DIRECTOR: ASSET MANAGEMENT {MS N EBRAHIM) {ACTING) THE CHIEF DIRECTOR: FINANCIAL GOVERNANCE AND ACCOUNTING (MR A HARDIEN) THE CHIEF FINANCIAL OFFICER (MS A SMIT) THE HEAD: OFFICE Of THE FINANCE MINISTRY (MS C GREEN) THE DIRECTOR: BUSINESS INFORMATION AND DATA MANAGEMENT {MR P PIENAAR] THE DIRECTOR: FINANCIAL GOVERNANCE (MS M VAN NIEKERK) THE DIRECTOR: FISCAL POLICY (DR N NLEYA) THE DIRECTOR: INFRASTRUCTURE {MR K LANGENHOVEN) THE DIRECTOR: LOCAL GOVERNMENT ACCOUNTING (VACANT) THE DIRECTOR: LOCAL GOVERNMENT BUDGET OFFICE (MR D CRONJE) {ACTING) THE DIRECTOR: LOCAL GOVERNMENT REVENUE AND EXPENDITURE (GROUP ONE) (MR C MAPEYI) THE DIRECTOR: LOCAL GOVERNMENT REVENUE AND EXPENDITURE {GROUP TWO) /MR M SIGABI) THE DIRECTOR: LOCAL GOVERNMENT MFMA COORDINATION (MR EJ JOHANNES) {ACTING) THE DIRECTOR: LOCAL GOVERNMENT SUPPLY CHAIN MANAGEMENT {MR R MOOLMAN) THE DIRECTOR: PROVINCIAL GOVERNMENT ACCOUNTING [VACANT) THE DIRECTOR: PROVINCIAL GOVERNMENT BUDGET OFFICE (MS T VAN DE RHEEDE) (ACTING) THE DIRECTOR: PROVINCIAL GOVERNMENT FINANCE (EXPENDITURE MANAGEMENT) (MS A PICK) {PRO TEM) THE DIRECTOR: PROVINCIAL GOVERNMENT SUPPLY CHAIN MANAGEMENT {MS T RAKIEP) (ACTING) THE DIRECTOR: STRATEGIC AND OPERATIONAL MANAGEMENT SUPPORT (MS N !SMAIL) THE DIRECTOR: SUPPORTING AND INTERLINKED FINANCIAL SYSTEMS (MR A MAZOMBA) THE PROVINCIAL AUDITOR MASTER RECORDS OFFICIAL: BUSINESS INFORMATION AND DATA MANAGEMENT THE HEAD Of DEPARTMENT: LOCAL GOVERNMENT THE CHIEF DIRECTOR: LOCAL GOVERNMENT BUDGET ANALYSIS- NATIONAL TREASURY (MR J HATTINGHJ THE CHIEF DIRECTOR: MFMA IMPLEMENTATION- NATIONAL TREASURY (MR TV PILLAYJ • 344 2019/20 MUNICIPAL ROLL-OVER PROCESS IN RESPECT OF PROVINCIAL CONDITIONAL ALLOCATIONS TO MUNICIPALITIES 1. Purpose The purpose of this circular is to communicate the guidelines and requirements that will be applicable with regards to the municipal roll-over process of unspent provincial conditional grant allocations to municipalities as at 30 June 2020. 2. 2019/20 Western Cape provincial roll-over process 2.1 The Western Cape Appropriation Act, No, 4 of 2019 {WCAA) regulates unspent provincial conditional allocations, The WCAA was circulated to all the Western Cape municipalities with the 2019/20 budget documents and is attached as Annexure A for reference. Section 10 of the WCAA sets specific requirements with respect to the unspent provincial conditional allocations and the requirements thereof, 2,2 Allocations reflected for agency services that are delivered in respect of Vote 8: Human Settlements and reflected as transfer to households {as beneficiaries) will be subject to the annual institutionalised roll-over processes and therefore the requirements of this circular applies. 2.3 Roll-over applications must also be submitted for Vote 3: Provincial Treasury {Western Cape Financial Management Capacity Building Grant) and Vote 14: {Community Development Workers {CDW) Operational Support Grant), The receiving municipality must submit a roll-over application containing justifiable reasons and evidence in instances where the allocations were not spent by the end of the municipal financial year. Where sufficient evidence is not submitted, unspent funds need to revertto the Provincial Revenue Fund. 3, Requirements for the roll-over of unspent 2019 /20 Disaster Relief, Drought Relief or Emergency Funds, Human Settlements Development Grant (Beneficiaries) and Infrastructure-related Conditional Grants due to COVID-19 Regulations 3, 1 Applications to roll-over funds that were transferred during 2019/20 financial year for disaster relief, drought relief or emergency funds, Human Settlements Development Grant {Beneficiaries) and infrastructure projects must be submitted to Provincial Treasury by 15 July 2020 in order to ensure that the funds are included in the municipal roll-over adjustments budget as required in section 28{2){e) of the MFMA, 3.2 Instances were municipalities are unable to comply with the requirements of paragraph 4.3,3, due to level 5 and level 4 lockdown and the restrictions on the procurement processes based on National TreasuryMFMA Circular No, 102, municipalities should submit a detailed motivation with valid reasons for not being able to comply, inclusive of supporting evidence outlining the causes for the delays in for the timeous implementation of the projects and spending of the associated grant allocations, 3.3 Municipalities must ensure that the information reported as at 30 June 2020 for purposes of section 71 reporting is accurate and that it is aligned to the information reported to the transferring department{s). 3.4 Applications must comply with the requirements that are outlined in paragraph 4 {four) below except for 4.4.2 as the due date of 15 July 2020 is prior to the submissions of the annual financial statements date. • 345 3.5 Transferring department(s) will verify the information and ensure that the reported information is aligned before the applications are approved and any misalignments will result in applications being declined. 4. Criteria and requirements for the roll-over of unspent provincial conditional grants 4.1 Municipalities must first apply for the roll-over of unspent provincial conditional grant allocations to municipalities and must not automatically roll-over unspent conditional grants in terms of section 28(2)(e) of the MFMA without approval. 4.2 Section 1 0 of the 2019 WCAA requires that any conditional grants which are not spent at the end of the municipal financial year must revertto the Provincial Revenue Fund, unless the 'receiving officer proves to the satisfaction of both Provincial Treasury and the transferring provincial officer that the unspent allocation is committed to identifiable projects, in which case the funds may be rolled over. 4.3 When applying for the roll-over of unspent conditional allocations that were appropriated through the 2019/20 main budget allocations (Provincial Gazette No 8058 dated 5 March 2019), 2019/20 adjusted budget allocations (Provincial Gazelle No. 8152 dated 26 September 2019, Provincial Gazette No. 8181 dated 26 November 2019 and Provincial Gazette No. 8232 dated 24 April 2020) municipalities must supply Provincial Treasurywith the following information: 4.3.1 One formal letter for all unspent provincial allocations using format specified in the attached Annexure B, which must be addressed to the Provincial Treasury requesting the roll-over of unspent provincial conditional grants; 4.3.2 All the projects that are linked to the unspent provincial conditional grants should be listed in the motivation section of Annexure B with a progress reporton the slate of implementation, the reason(s) why the grants were not fully spent in the year that ii was originally allocated and the amount of funds committed for each of the projects with a lime period indicating when the funds will be spent; 4.3.3 Supporting evidence should be attached as an annexure for each project where the work has commenced, namely either of the following: ( a) Proof that the project tender was published and the period for tender submissions closed before 31 March 2020; (b) Proof that a contractor or service provider was appointed for delivery of the project before 30 June 2020; or (c) Proof of a project tender or appointment of contractor/service provider for delivery of service was concluded before 30 June 2020 in cases where additional funding was allocated during the course of the final year of the project; (d) Evidence that all projects linked to an allocation will be fully utilised by 30 June 2021 (attach cash flow projection for the applicable grant). (e) For the delivery of integrated human settlements considering the housing subsidy systems, a list of the unspent balances per project should be submitted to the Department of Human Settlements. In the case of the Integrated Residential Development Programme (IRDP) top structure and services, subsection 4.3.3 (a) (b) (c) or (d) above apply. 4.4 In addition, Provincial Treasury and transferring departments will also take into account the following information when assessing roll-over applications and reserves the right to decline an application if there is non-performance by the Municipality in any of these areas: • 346 • 4.4.l Compliance with the in-year reporting requirements in terms of sections 71 and 72 of the MFMA, including the municipal manager and chief financial officer signing-off on the information sent to National Treasury; 4.4.2 Submission of the pre-audit Annual Financial Statements information to Provincial Treasury by 31 August 2020; 4.4.3 Accurate disclosure of grant name and performance in the 2019/20 pre-audit Annual Financial Statements; and 4.4.4 Cash available in the bank [net position including short term investments) as at 30 June 2020 and in line with the cash flow statements to finance the roll-over request. If the full amount that is requested for roll-over is not entirely cash backed, such a roll-over will not be approved. Provincial Treasury will not approve portionsof roll-over requests. 4.5 Municipalities must note that these guidelines are applicable to the 2019/20 financial year and approval will not be considered or granted for municipalities requesting a roll-over of a previous roll over request. The application must be submitted to Provincial Treasuryby 31 August 2020. 4.6 Lafe applications and applications that do not meet the requirements of this circular will be declined and the Municipality will be requested to repay the funds to the respective transferring department. 4.7 When approving any roll-over requests, Provincial Treasury will use the last provincial conditional grant expenditure information available at the time, which is the disclosure of grants information in the June 2020 Tables SC 6, 7[1) and 7(2) of the C-Schedule and the 2019/20 pre-audit Annual Financial Statements which need to be concluded and submitted by 31 August 2020. 4.8 A transferring provincial departmentwill provide recommendations on the approval of roll-overs and will further advise on how municipalities will report on the spending of conditional grants funds that were approved for roll-over. 4.9 Attached to this circular as Annexure C is a folder of the Provincial Gazettes that were published during 2019/20 financial year in respect of Provincial Government allocations to municipalities. 4.10 All electronic applicotions for provincial roll-overs must be sent to [email protected] email address for the attention of Mr M Sigabi. Where documents are larger than 13 MB, municipalities ore advised to use the lift server link: http://lift.pgwc.gov.za/ and type in [email protected] address in the space provided. 4.11 Municipalities are also requested to submit updated grant reporting returns for the month of June 2020 as informed by the unspent amounts in the pre-audit Annuol Financial Statements for 2019/20. 4.12 Any unspent allocations not applied for or not approved by Provincial Treasury or where no appeal is lodged must be repaid by the Municipality to the relevant transferring provincial department by 30 November 2020. Further details will be provided regarding the date by when the unspent grants must be repaid in cases where municipalities have lodged appeals and the outcome is negative. The capital portion of the unspent funds must be deposited into the bank account of the transferring department and proof of payment must be sent to [email protected] for the attention of Ms ZM Hans. The email must clearly indicate the department to which the repayment was made, the amount that was repaid, the year in which the allocation was published and the purpose of the allocation. • 347 • 4.13 The banking details of the transferring departments are clearly contained in the table below. Municipalities are advised to use the correct banking details for the respective Western Cape Government department and the Municipality's code as a reference. Name of Department Bank Name Account Branch Code Department of the Premier Nedbank l 452 045 038 145209 Provincial Treasury Nedbank l 452 045 054 145209 Department of Health Nedbank 1 452 045 097 145209 Departmentof Human Settlements Nedbank 1 452 045 046 145209 Department of Environment A ffairs and Development Planning Nedbank 1 452 045 003 145209 Department of Transport and Public Works Nedbank 1 452 045 100 145209 Department of Economic Development and Tourism Nedbank l 452 045 135 145209 Department of Cultural Affairs and Sport Nedbank l 452 045 127 145209 Department of Local Government Nedbank 1 452 055 661 145209 Note that all the accounts are with Nedbank and the branch code is the same for all the departments. Yours sincerely MR ML BOOYSEN pp HEAD OFFICIAL: PROVINCIAL TREASURYSERVICES DATE: 30 June 2020 • 348 Section 4: Community Services ITEM C/4/86/08/20 THE STATUS QUO REPORT ON THE BITOU’S MUNICIPAL SOCIAL HOUSING DEVELOPMENT PROGRAMME Directorate: Community Services Demarcation: Ward 1, 2 &3 Portfolio Comm. Corporate & Community Services Delegation: Council File Ref: 4/1/2/5 Report from: Directorate: Community Services Author: Director: Community Services Date: 09 August 2020 PURPOSE OF THE REPORT The purpose of this report is to inform the Executive Mayoral Committee meeting and council about the route traversed thus far on the status quo of the Bitou’s municipal social housing development programme. INTRODUCTION The Bitou Municipal council received a National Newspaper publication for the call to register on the National database for the interested Municipalities to participate in the Social Housing Capital Grants, which stood as follows: a. The Bitou Local Municipality has registered its intention to submit projects for accreditation by SHRA. b. The Bitou Local Municipality is earmarking Ultra Shell service sites to construct the social housing and rental stock for the working class such as: nurses, police officers, middle municipal management who are earning between R7500 – R 22 000. BACKGROUND The Bitou Municipality are the land Owner of the Ultra Shell site as the result the town planning department has embarked on the rezoning of the property for General Residential (flats) purposes was recently approved by the Bitou Planning Tribunal. EXPOSITION OF FACTS/ DISCUSSION There is no environmental Approval was necessary for the project, A rental demand study was undertaken by the Municipality approximately 7 years ago, which indicated a very high demand, The Bulk Services: Sufficient capacity available in the Municipal bulk services, The SDP/ Building Plans approval: To be considered after outcome of the expected appeals, Units Typology: Three Storey Flats, 180 units, 38 to 50m², Detailed Cost Estimate: Contract/ Delivery Agent Structure: 349 Section 4: Community Services Economic Restructuring: The site is located on a main access route and main public transport route into the CBD of Plettenberg Bay, and within walking distance of economic, social, administrative, and health facilities and opportunities in both the Plettenberg Bay CBD and the Plettenberg Bay Industrial area. The Bitou Municipality does not intend to manage the rental stock it is therefore required an accredited Housing Agent will be appointed to manage the project. PROBLEM STATEMENT The Bitou Municipality is waiting for the outcome of the appeal in order to deal with the notification of the decisions by the Tribunal, which was sent to all objectors. RELEVANT LEGISLATION 1. The Constitution of the Republic of South Africa: No. 50 of 1996 and Regulations, Section 26: Housing. 2. Housing Act, No. 107 of 1997 and Housing Act No. 50 of 1999 and Rental Housing and Deeds registries No. 47 of 1937. 3. Local Government: Municipal Finance Management Act, No. 56 of 2003. Comments by Chief Financial Officer The recommendations by the Municipal Manager are supported Comments by Manager Legal Services The recommendations by the Municipal Manager are supported Comments by Director Corporate Services The recommendations of the Municipal Manager are supported subject to the prescribed legislative processes being followed, with specific reference to the construction and rental management of the proposed dwellings. Comments: Director Economic Development and Planning The recommendations by the Municipal Manager are supported 350 Section 4: Community Services RECOMMENDED BY THE MUNICIPAL MANAGER 1. That the report regarding the status quo on the Bitou’s municipal social housing development programme be noted. 2. That the Municipal Manager or his Secondi be mandated, to solicit investor/s or social housing development agent to participate in the construction of the housing structure and their management through the expression of interest or any other procurement processes. RECOMMENDED BY THE EXECUTIVE MAYOR 1. That the report regarding the status quo on the Bitou’s Municipal Social Housing Development Programme, be noted. 2. That the Municipal Manager or his Secondi be mandated, to solicit investor/s or social housing development agent to participate in the construction of the housing structure and their management through the expression of interest or any other procurement processes. 351 SECTION 6 ECONOMIC DEVELOPMENT AND PLANNING Section 6: Economic Development and Planning ITEM C/6/119/08/20 EXTENDED PUBLIC WORKS PROGRAMME (EPWP) REPRESENTATION ON GARDEN ROUTE DISTRICT FORUM Department: Economic Development and Planning Demarcation: All Wards Portfolio Comm: Strategic Services Delegation: Council File Ref: 9/1/3/6 Attachments: 1. EPWP Phase IV Business Plan 2. Core and Secundi - B Municipalities Report from: Director Economic Development and Planning Author: Manager: Economic Development Date: 14 August 2020 PURPOSE OF THE REPORT For Council to approve the appointment of Lesley Andrew Jacobs and Alicia Brettenny to be a Core member and Secundi, respectively to represent Bitou Municipality to the Garden Route District Municipal Forum for the period 1 July 2020 to 30 June 2024. BACKGROUND The Department of Transport and Public Works has been appointed as the Lead Department for the EPWP in the Western Cape Province. EPWP Phase 4 Business Plan has been approved by the Cabinet in December 2018. The management and implementation of EPWP Phase IV was endorsed by the Cabinet on 18 December 2018. As Core member and Secundi of Bitou Municipality, the two officials are directly responsible for the strategic direction in the management of the Garden Route District Municipal Forum. The Scope of the District Municipal Forums are as follows: 1 353 Section 6: Economic Development and Planning • Manage the inter-sectoral EPWP municipal district plan, ensuring project alignment, scheduling, project implementation, risk management, monitoring, evaluation and reporting; • Report to EPWP District Municipal Forum and relevant Municipal Manager; • Identification of expansion areas for EPWP approaches; • Document best practices; • Co-opt additional key stakeholders to enhance programme deliverables. LEGAL IMPLICATION: None Comments: Acting Director Corporate Services The recommendation of the Municipal Manager is supported RECOMMENDED BY THE MUNICIPAL MANAGER: That Council approve the appointment of the Manager: Economic Development, Mr. Lesley Andrew Jacobs and the Assistant LED officer, Mrs. Alicia Brettenny to be a Core member and Secundi respectively, to present Bitou Municipality on the Garden Route District Municipal Forum for the period 1 July 2020 to 30 June 2024. RECOMMENDED BY THE EXECUTIVE MAYOR That Council approve the appointment of officials responsible for EPWP to be a Core member and a Secundi respectively, to present Bitou Municipality on the Garden Route District Municipal Forum for the period 1 July 2020 to 30 June 2024. 2 354 Annexure "A" 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 Annexure "B" 418 419 420