Special Council Meeting (Election of an Executive Mayor) of the City of Tshwane Metropolitan Municipality Held on 12 FEBRUARY 2019 at 10:00

1 1

COUNCIL MINUTES FOR APPROVAL AT THE COUNCIL MEETING OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY (FOURTH TERM OF THE CITY OF TSHWANE), TO BE HELD ON 28 FEBRUARY 2019 AT 10:00

Special Council Meeting (Election of an Executive Mayor) of the City of Tshwane Metropolitan Municipality held on 12 FEBRUARY 2019 at 10:00

MINUTES of the Special Council Meeting of the

CITY OF TSHWANE METROPOLITAN MUNICIPALITY

(FOURTH TERM OF THE CITY OF TSHWANE) held in the Council Chamber, Sammy Marks Conference Centre, cnr Lilian Ngoyi and Madiba Streets, Pretoria, on TUESDAY, 12 FEBUARY 2019 at 10:00.

3 COUNCILLORS PRESENT: SPECIAL COUNCIL MEETING: 12 FEBRUARY 2019

DA : PROPORTIONAL 1. Mokgalapa S (Executive Mayor) 30. Moheta RB 2. Mathebe RK (Speaker of Council) 31. Mohlamme T 3. Van den Heever CM (Chief Whip of 32. Mokhotho NL Council) 33. Molapo N 4. Barendrecht JW 34. Moloto LKP 5. Bosch C 35. Monaanyane HT 6. Brink C 36. Moreriane OT 7. Dhlamini SO 37. Moss D 8. Ditabo DD 38. Mostert W 9. Dzumba KY 39. Motau LG 10. Fourie M 40. Motsaneng S 11. Helfrich WP 41. Napier CJ (Prof) 12. Jansen J 42. Ndlovu JZ 13. Kgaboesele F 43. Nkomo TM 14. Kgobane T 44. Nkosi K 15. Khumalo ZC 45. Nortje HJ 16. Lee TW 46. Pretorius GC 17. Louw E 47. Roos AC 18. Maake MR 48. Selowa D 19. Maas S 49. Senkubuge SL 20. Mabena TW 50. Thwala DS 21. Mabunda L 51. Vilakazi TC 22. Maimane SS 52. Wannenburg DG 23. Makgaleng KG 53. Weber H 24. Makhafula MA 54. Williams RM 25. Mehlape MM 26. Meyer K 27. Meyer CA 28. Millar PE 29. Mkhari M WARD 81. Sutherland M 55. Bekker CF 82. Sutton P 56. Billson C 83. Tau AM 57. Botha EAL 84. Uys J 58. Breytenbach AS 85. Uys R 59. Chapman B 86. Van Buuren JG 60. Coetzee JJ 87. Van Heerden PW 61. De Bruin CRE 88. Van Niekerk AM 62. Du Plooy J 89. Van Wyk FW 63. Duvenage Y 90. Visser GP 64. Farquharson DJ 91. Wakelin KH 65. Fourie RP 92. Welmans LJ 66. Johnston D 93. Wilkinson S 67. Kruger-Muller M 68. Lawrence BW 69. Linde E 70. McDonald CN 4 71. Middelberg LR 72. Muller S 73. Nel E 74. Nel PA 75. Pienaar CF 76. Pietersen IJ 77. Prinsloo CD (Adv) 78. Smith FJ 79. Strange MI 80. Strijdom CE

5 ANC: PROPORTIONAL

1. Boshomane MJ 2. Kekana RJ 3. Ledwaba DC 4. Lekgema PL 5. Mabitsela MM 6. Mabona SJ 7. Mabusela TE 8. Maepa KL (Dr) 9. Makgatho JT 10. Makhubela LE 11. Mashego RT 12. Matlala LS 13. Mathafa OM 14. Matsena MD 15. Matshiyane MMS 16. Mojela DL 17. Morudu MGR 18. Mosupyoe AWMK 19. Ndlovana AA 20. Nhlapo EN 21. Tyobeka-Makeke NP

WARD 22. Aphane IM 70. Ngobeni JM 23. Baloyi MB 71. Nkosi FE 24. Baloyi JK 72. Ntlatleng WT 25. Baloyi JJ 73. Ntohla ZS 26. Boroto AS 74. Phahlane AK 27. Celiphile M 75. Qebelu SN 28. Chiloane EP 76. Rallele M 29. Dinale AL 77. Rammushi JP 30. Dhlamini SF 78. Rangako TM 31. Essop M 79. Rasegoete MM 32. Hlatshwayo FE 80. Ringane MB 33. Hlatshwayo PB 81. Sedibeng SL 34. Kgatle TF 82. Sebotsane MP 35. Lehobye DJ 83. Skhosana MN 36. Mabelane VP 84. Sindane JM 37. Magodielo TK 85. Siphutuma BT 38. Mahlangu TF 86. Thema FM 39. Mahwayi MM 87. Tsela CD 40. Maila ST (Apology) 88. Tshabalala ES 41. Maja SD 89. Zitha PB 42. Makola MA 43. Maleka RR 44. Maluleka AM 45. Mampuru SF 46. Mantjane MA 6 47. Marishane MS 48. Masango V 49. Maseko PL 50. Masemola CS 51. Masemola VI 52. Mashapa MA 53. Mashola MS 54. Masilela JK 55. Masilela JW 56. Masupha NR 57. Mathe DM 58. Mathenjwa NL 59. Matjene MH 60. Meme MN 61. Mlotshwa EM 62. Mokgalotsi NA 63. Mokhare JN 64. Molaba PF 65. Moloi ED 66. Motaung TB 67. Mphaga IS 68. Mulaudzi LG 69. Ndlovu NGJ

7 EFF: PROPORTIONAL

1. Chauke SR 20. Moyana MM 2. Chilwana NM 21. Phukuile B 3. Disoloane KB 22. Ramabodu OS 4. Kgwedi DI 23. Silaule GV 5. Lekgothoane JL 24. Tshabane SB 6. Letlonkoene TK 25. Tuwani T 7. Maboa PP 8. Mabogwana MO 9. Machaba NE 10. Mafole K 11. Manaka PN 12. Masemola AT 13. Masilela L 14. Masoleng MA 15. Matjie LA 16. Mathebula HN 17. Mazwi KC 18. Mnguni NP 19. Monchusi RGM

FF +: PROPORTIONAL 1. Erasmus, LA 2. Erasmus, BHJ 3. Du Plooy IP 4. Uys, PD

ACDP: PROPORTIONAL 1. Kissoonduth, A

COPE: PROPORTIONAL 1. Nkwane, S

PAC: PROPORTIONAL 1. Lekgoathi, LJ

8 REPRESENTATIVES FROM THE TRIBAL AUTHORITIES

1. AmaNdebele Ba Lebelo

Not in attendance

2. AmaNdebele wakwa Ndzundza Sokhulumi

KE Nakedi

9 MINUTES: SPECIAL COUNCIL MEETING: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 12 FEBRUARY 2019

Order of business of the Continuation Council Meeting convened in terms of Section 2 (read with Section 8) of the Rules and Orders:

INDEX

Pages

A. OPENING: PRAYER OR MEDITATION …………………….…………. 10

B. APPLICATIONS FOR LEAVE OF ABSENCE …………………..……. 11

C. OFFICIAL NOTICES …………………………………………………..…. 12

D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER PROPOSALS ALLOWED BY THE SPEAKER …………………….….. 13

E. MATTER FOR CONSIDERATION

1. Office of the Speaker Election of the Executive Mayor ………………………………….… 14-15

F. OFFICE OF THE EXECUTIVE MAYOR INAUGURAL SPEECH BY THE EXECUTIVE MAYOR ……………….. 16

G. OFFICE OF THE CHIEF WHIP OF COUNCIL CONGRATULATORY WORDS BY THE POLITICAL PARTIES REPRESENTED IN COUNCIL ……………………………………………… 17

H. CONCLUSION …………………………………………………………………. 18

10 SPECIAL MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 12 FEBRUARY 2019

A. OPENING: PRAYER OR MEDITATION

The Speaker, Cllr RK Mathebe welcomed all present by requesting members to observe a moment of silence for prayer or meditation.

The Speaker further expressed words of welcome to the newly elected DA PR Councillors S Mokgalapa and KY Dzumba replacing former Councillors LJ De Jager and ST Msimanga respectively.

The Speaker furthermore expressed a special word of welcome to DA Leader in Gauteng, MP John Moodey and Mrs Boitumelo Pearl Mokgalapa.

Hereafter the Speaker explained that this meeting has been convened in terms of Section 2.C(1) of the Rules and Orders to elect an Executive Mayor as required by Section 55(2) of the Local Government: Municipal Structures Act, (Act 117 of 1998).

11 B. APPLICATIONS FOR LEAVE OF ABSENCE

The Chief Whip of Council, Cllr CM van den Heever, in accordance with powers delegated to him submitted the approved leave of absence of Cllr ST Maila.

12 C. OFFICIAL NOTICES

ANNOUNCEMENT OF CASUAL VACANCIES

The Speaker explained that casual vacancies had occurred in the Council as a result of the resignation of the following Councillors as Councillors of the City of Tshwane:

• LJ De Jager, DA PR Councillor, resigning with last working day 31 January 2019 • ST Msimanga, DA PR Councillor, resigning effective 11 February 2019 at 23:59.

She further explained that in accordance with Item 18 of Schedule 1 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), the Chief Electoral Officer must declare in writing the person whose name is at the top of the applicable party list to be elected in a vacancy. This, however, is subject to Item 20 of the said Schedule 1, in accordance with which the party concerned may supplement, change or increase its list by not later than 21 days after the Councillor has ceased to hold office. The vacancy must then be filled within 14 days after expiry of the 21 days’ period. In this regard as mentioned under ‘Opening’, Cllr Stevens Mokgalapa has already been declared elected by the IEC on 6 February 2019 as the new DA PR Councillor in Council, replacing former Cllr LJ de Jager, while Cllr KY Dzumba has been declared elected as per Electoral Commission’s confirmation received at 08:50 on 12 February 2019 as the new DA PR Cllr replacing former Cllr ST Msimanga.

13 D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER PROPOSALS ALLOWED BY THE SPEAKER

1. PUBLIC PARTICIPATION PROCESS FOR THE ANNUAL REPORT

The Speaker informed Council about the public participation process for the Annual Report to be held on 16 February 2019 in all seven regions of the City of Tshwane. She further indicated that the detailed programme for the process would be circulated in due course to enable Councillors and the communities to make meaningful contribution towards this process.

2. 29 YEARS SINCE THE RELEASE OF NELSON MANDELA

The Speaker stated that 11 February 2019 marked 29 years since the release of former President Nelson Mandela from prison. President Mandela was committed to a vision of a united, reconciled, prosperous and non-racial South Africa for all.

3. COUNCILLORS TAKING THE PRESCRIBED OATH OR AFFIRMATION

The Speaker explained the provisions of Section 1.B(2) of the Rules and Orders and further explained that since the date of the first Council meeting of this term, a number of Councillors have joined the City of Tshwane through the filling of a vacancy for either Ward Councillor during a by-election or for a Political Party PR Cllr. Such incoming Councillors through the filling of such vacancies were not there in the First Council meeting, and had therefore not yet taken the oath or affirmation and it was for that reason that she had requested the office of the Speaker to arrange for two dates whereby these Councillors could choose on which date they would take the oath or affirmation.

The two optional dates are –

• Tuesday, 12 February 2019 at 08:30 in the Speaker’s Boardroom, Second Floor, Tshwane House; and • Thursday, 28 February 2019 at 09:00 in the Speaker’s Boardroom, Second Floor, Tshwane House.

14 MINUTES: SPECIAL COUNCIL MEETING: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 12 FEBRUARY 2019

E. MATTER FOR CONSIDERATION

1. OFFICE OF THE SPEAKER ELECTION OF THE EXECUTIVE MAYOR OF THE CITY OF TSHWANE

The purpose of this report is to, in terms of Section 55(2) of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), elect the Executive Mayor of the City of Tshwane to fill the vacancy in the Office of the Executive Mayor as a result of the resignation of Councillor ST Msimanga as Executive Mayor with effect from 11 February 2019 at 23:59 (see attached letter of resignation from Councillor Msimanga – Annexure A).

IT WAS RECOMMENDED (TO THE SPECIAL COUNCIL: 12 FEBRUARY 2019):

That the Election of the Executive Mayor be conducted in terms of Schedule 3 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998).

During the Special Council meeting of 12 February 2019, the Speaker explained that the election of the Executive Mayor will be conducted in terms of Schedule 3 (Election of Municipal Office Bearers) of the Local Government: Municipal Structures Act, as amended and thereafter outlined the procedures thereof.

The Speaker further explained that officials from the Independent Auditing Firm, Sizwe Ntsaluba Gobodo would assist in all stages of the election process, and that Political Party Whips in Council will observe the process.

The Speaker, hereafter requested nominations from the floor for candidates for Executive Mayor.

Subsequently, Cllr C Bosch seconded by Cllr AM Tau nominated Cllr S Mokgalapa as the Executive Mayor of the City of Tshwane and Cllr Mokgalapa accepted nomination.

Since there was no further nomination from the floor for the candidate of the Executive Mayor, the Speaker in terms of Schedule 3, Item 3 of the Municipal Structures Act declared Cllr Mokgalapa as the new Executive Mayor of the City of Tshwane Metropolitan Municipality.

It was thereafter resolved as set out below:

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

RESOLVED:

That it be noted that Cllr S Mokgalapa was duly elected during the Special Council meeting held on 12 February 2019, in accordance with Section 55(2) of the Local Government Municipal Structures Act, 1998 (Act 117 of 1998), and in terms of Schedule 3 of the said Act, as amended, as the Executive Mayor of the City of Tshwane.

(Remark:

Following the election of Cllr S Mokgalapa as Executive Mayor of the City of Tshwane during the Special Council meeting of 12 February 2019, Cllr AM Maluleka indicated that the ANC in the Council was not participating in this election of the Executive Mayor.)

F. OFFICE OF THE EXECUTIVE MAYOR INAUGURAL SPEECH BY THE EXECUTIVE MAYOR

The Speaker gave Cllr S Mokgalapa, newly elected Executive Mayor opportunity to deliver his inaugural speech.

G. OFFICE OF THE CHIEF WHIP OF COUNCIL CONGRATULATORY WORDS BY THE POLITICAL PARTIES REPRESENTED IN COUNCIL

The Speaker allowed the following Councillors on behalf of their representative political parties in the Council four minutes to congratulate the newly elected Executive Mayor:

DA: Councillor Alderwoman K Meyer ANC: Councillor Dr KL Maepa EFF: Councillor MO Mabogwana Freedom Front Plus: Councillor IP Du Plooy ACDP: Ald A Kissoonduth COPE: Councillor S Nkwane.

18 H. CONCLUSION

The Speaker thanked all Councillors for their valuable inputs during the meeting and concluded the meeting at 12:38.