- 1 -(eThekwini Municipality
Inauguration Council Decisions - 2016-08-23)
KRR(2016-08-23)()[CHALL-138508]2016-08-26
COUNCIL DECISION CIRCULAR :INAUGURAL MEETING HELD ON 2016-08-23
TO ALL DEPUTY CITY MANAGERS AND HEADS:
Attached please find decisions/resolutions adopted by the Council at its inaugural meeting held on 2016-08-23.
Deputy City Managers and Heads are kindly requested to facilitate implementation of the decisions impacting their Clusters and Units within the applicable timeframes.
Kindly note that the word "ADOPTED" marked in bold at the end of the recommendation confirms that the item has been approved by Council and is ready for implementation. Other relevant status will be reflected at the end of the recommendation to indicate the position taken by Council on a particular item.
Should further information be required on any item on the Council agenda, kindly contact
Vishnu Ramsunder on Telephone No.(031) 311-2371 or through email.
1.ELECTION OF SPEAKER (3/2/2)
By a majority vote, undertaken by the Independent Electoral Commission (IEC) by a secret ballot, it was
RESOLVED:
That in terms of Section 36 of the Local Government : Municipal Structures Act, 1998 and in accordance with Schedule 3 of the aforesaid Act, Councillor WillianLekgoa Mapena be elected Speaker of the eThekwini Municipal Council.
2.ESTABLISHMENT OF EXECUTIVE COMMITTEE (3/2/2)
RESOLVED:
2.1That in terms of Section 42(2) of the Local Government Municipal Structures Act, 1998, the eThekwini Municipality establishesan Executive Committee comprising ten persons and representation by Parties, in terms of the Proportional Representation System, as follows:-
African National Congress:6 representatives
Democratic Alliance:3 representatives
Inkatha Freedom Party:1 representative
2.2It is recorded that 1 Traditional Leader will serve on the Executive Committee in an observer capacity.
3.ELECTION OF COUNCILLORS TO SERVE ON THE EXECUTIVE COMMITTEE (3/2/2)
RESOLVED:
That the following Councillors be appointed to serve on the Executive Committee in terms of proportional representation system:-
3.1African National Congress:
Councillor Zandile Ruth Thelma Gumede – Chairperson
Councillor Fawzia Peer
Councilor Barbara Agnes Fortein
Councillor Sipho Alam Kaunda
Councillor Mondli Michael Mthembu
Councillor Zamazulu Ruth Sokhabase
3.2Democratic Alliance:
Councillor Zwakele Maxwell Mncwango
Councillor Sharon Hoosen
Councillor Heinz Ulrik de Boer
3.3Inkatha Freedm Party:
Councillor Mduduzi Samuel Nkosi
3.4Traditional Leader:
InkosiSimangayeMlaba
4.ELECTION OF MAYOR (3/2/2)
By a majority vote, undertaken by the Independent Electoral Commission (IEC) by a secret ballot, it was
RESOLVED:
That in terms of Section 48 of the Local Government Municipal Structures Act, 1998 and the Provincial Notice issued in terms of Section 12 of the Act and in accordance with the procedure set out in Schedule 3 of the aforesaid Act, Councillor Zandile Ruth Thelma Gumede be elected Mayor of the eThekwini Municipal Council.
5.ELECTION OF DEPUTY MAYOR (3/2/2)
By a majority vote, undertaken by the Independent Electoral Commission (IEC) by a secret ballot, it was
RESOLVED:
That in terms of Section 48 of the Local Government Municipal Structures Act, 1998 and the Provincial Notice issued in terms of Section 12 of the Act and in accordance with the procedure set out in Schedule 3 of the aforesaid Act, Councillor Fawzia Peer be elected Deputy Mayor of the eThekwini Municipal Council.
6.ELECTION OF CHIEF WHIP (3/2/2)
By a majority vote, undertaken by the Independent Electoral Commission (IEC) by a secret ballot, it was
RESOLVED:
That in terms of Provincial Notice No. 670 of 2003 and in accordance with Schedule 3 of the Local Government Municipal Structures Act, 1998 Councillor Nelisiwe Nesta Nyanisabe elected Chief Whip of the eThekwini Municipal Council.
7.ESTABLISHMENT OF COMMITTEES AND THE ELECTION OF COUNCILLORS TO SERVE ON THE COMMITTEES
7.1In terms of Section 79 of the Municipal Structures Act, Municipal Council may establish one or more Committees necessary for the effective and efficient performance of any of its functions or the exercise of any of its powers.
It is proposed that the following Committees be established to enable Council to be effective and efficient in performing its duties:-
1.Ethics Committee
2.Municipal Public Accounts Committee
3.Speaker’s Committee
The election of Councillors to the Municipal Public Accounts Committee will be in accordance with proportional representation.
The Speaker and the whip of each party represented on Council will comprise the Speaker’s Committee.
A report indicating the names of Councillors to be appointed to the Municipal Public Accounts Committee, Speaker’s Committee and Ethics Committee will be laidontable.
7.2Section 80 of the Municipal Structures Act provides for the appointment of committees of councillors to assist the Executive Committee and states that “such committees may not in number exceed the number of members of the Executive Committee”.
The Executive Committee shall appoint from within its own ranks a Chairperson for each of the Committees. Deputy Chairpersons will be elected at the first meeting of each of the Committees.
It is proposed that the following Committees be established to assist the Executive Committee:-
1.Community & Emergency Services
2.Economic Development & Planning
3.Finance & Procurement
4.Governance & Human Resources
5.Human Settlements & Infrastructure
The election of Councillors to serve on the Committees will be in accordance with proportional representation.
RECOMMENDED FOR CONSIDERATION:
7.3That the Council establishes the following Committees to enable it to be effective and efficient in performing its duties:-
1.Ethics Committee
2.Municipal Public Accounts Committee
3.Speaker’s Committee
7.4That the Council elects members of the Ethics Committee.
7.3That the Council elects members of the Municipal Public Accounts Committee.
7.4That the Council elects members of the Speaker’s Committee.
7.5That the Council establishes the following Committees to assist the Executive Committee:-
1.Community & Emergency Services
2.Economic Development & Planning
3.Finance & Procurement
4.Governance & Human Resources
5.Human Settlements & Infrastructure
7.6That the names of Councillors nominated by parties to the rest of the Committees be provided to the Speaker who would finalise the Committees.
7.7That any changes to the membership of Committees be determined by the Speaker in consultation with relevant Party Whips and reported to the next Council meeting.
Recommendations 7.1, 7.2, 7.3, 7.4, 7.6 and 7.7 were ADOPTED and Recommendation 7.5 was, by a majority vote, REFERRED BACK to Political Party Caucuses for further deliberation.
In terms of Recommendations 7.2, 7.3 and 7.4 above the following Councillors were elected to serve on the Committees indicated hereunder:-
ETHICS COMMITTEE
1.Councillor Conduct Richard Hlophe – Chairperson (ANC)
2.Councillor MandlenkosiPetrusDlomo (ANC)
3.Councillor Bridget Ntshangase (ANC)
4.Councillor Ntokozo Sibiya (ANC)
5.Councillor Patience Samukelisiwe Sishange (ANC)
6.Councillor Warren Jerome de MarignyBurne (DA)
7.Councillor Nicole Lee Graham (DA)
8.Councillor Sithembiso Ngema (DA)
9.Councillor Edward Mngadi (IFP)
Alternate:
Councillor SatishraiBhanprakash (IFP)
Traditional Leaders:
InkosiBhekisisa Felix Bhengu
MUNICIPAL PUBLIC ACCOUNTS COMMITTEE
1.Councillor Thabane Jacques Luthuli – Chairperson (ANC)
2.Councillor Conrad Bongimusa Dlamini (ANC)
3.Councillor Pearl Luthuli (ANC)
4.Councillor Ayanda Brightman Ndlovu (ANC)
5.Councillor Sibongile Jeanetty Marcia Nhlapho (ANC)
6.Councillor MuziwenhlanhlaCorneluis Shezi (ANC)
7.Councillor Andre Beetge (DA)
8.Councillor Terence Peter Collins (DA)
9.Councillor Thabani Mbongiseni Mthethwa (DA)
10.Councillor NoorharpersadhBirthartheeIyir (IFP)
11.Councillor Lungile Claire Mnguni (EFF)
Traditional Leaders:
Inkosi Emmanuel Bhekuzalo Shozi
SPEAKER’S COMMITTEE
1.Councillor WillianLekgoaMapena – Chairperson (ANC)
2.Councillor Mxolisi Kenneth Ndzimbomvu (ANC)
3.Councillor Sharon Chetty (DA)
4.Councillor NtombifuthiClerice Gumede (IFP)
5.Councillor Bonginkosi Siphiwe Ngiba (EFF)
6.Councillor KhayaMhlaba (AIC)
7.Councillor Wayne Maxim Thring (ACDP)
8.Councillor Trevor Thabani Ngubane (APC)
9.Councillor Mohammed Ahmed Ally (Al Jama-Ah)
10.Councillor Patrick Pillay (DLC)
11.Councillor Thandanani Njabulo Mabanga (Independent)
12.Councillor Vusumuzi Mbanjwa (Independent)
13.Councillor Petro Hella Nxumalo (Independent)
14Councillor Mthetheleli Sibisi (Independent)
15.Councillor Jonathan Annipen (MF)
16.Councillor ShunmugamRamsamy Moodley (MOSA)
17.Councillor Mohammed Hoosen Khan (TA)
Traditional Leaders:
InkosiSimangayeMlaba
8.ELECTION OF CHAIRPERSON OF THE MUNICIPAL PUBLIC ACCOUNTS COMMITTEE (2/10/1/P)
By a majority vote, undertaken by the Independent Electoral Commission (IEC) by a secret ballot, it was
RESOLVED:
That Councillor Councillor Thabane Jacques Luthulibe elected Chairperson of the Municipal Public Accounts Committee of eThekwini Municipal Council.
9.ELECTION OF CHAIRPERSON OF THE ETHICS COMMITTEE (2/10/1/P)
By a majority vote, undertaken by the Independent Electoral Commission (IEC) by a secret ballot, it was
RESOLVED:
That Councillor Councillor Conduct RichardHlophe be elected Chairperson of the Ethics Committee of eThekwini Municipal Council.
10.DETERMINATION OF FULL-TIME COUNCILLORS
In terms of section 18(4) of the Local Government: Municipal Structures Act the following councillor positions have been determined by the KwaZulu-Natal Member of Executive Council (MEC) responsible for local government as full-time in the Section 12 Notice dated 2016-07-21, subject to the Council designating the appropriate persons:-
i)Speaker;
ii)Mayor
iii)Deputy Mayor
The Policy Framework for the Designation of Full-Time Councillors which was promulgated by Government Notice No. 904 of 2011 dated 2011-12-14 makes provision for the determination that councillors who have been elected to the following offices in a council of a Category A Municipality be designated asfulltime:-
A member of an executive committee other than the Mayor and Deputy Mayor
A single whip appointed for council
Chairperson of a committee established in terms of section 79 of the Municipal Structures Act
It is accordingly
RECOMMENDED FOR CONSIDERATION:
10.1That Council designates Councillors to full-time positions of Speaker, Mayor and Deputy Mayor, as determined by the MEC of Cooperative Governance and Traditional Affairs.
10.2That the MEC of Cooperative Governance and Traditional Affairs be requested to determine the Chief Whip, Executive Committee Members and Chairperson of the Municipal Public Accounts Committee of eThekwini Municipality as full-time Councillors in terms of Section 18(4) of the Municipal Structures Act No. 117 of 1998 as read with the Policy Framework for the Designation of Full-Time Councillors contained in Government Notice No.904 of 2011 dated20111214.
ADOPTED.
11.APPLICATIONS FOR LEAVE (3/4/2)
No applications for leave were received.
City Administration: Secretariat
26August 2016