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NEWCASTLE MUNICIPALITY MINUTES OF THE SPECIAL MEETING OF THE NEWCASTLE MUNICIPAL COUNCIL HELD IN THE CONFERENCE ROOM, SHOW HALL, HARDWICK STREET, NEWCASTLE ON WEDNESDAY, 25 JANUARY 2017 AT 14:00 Special Council : 2017-01-25 NEWCASTLE MUNICIPAL COUNCIL SPECIAL MEETING : 25 JANUARY 2017 ATTENDANCE REGISTER PRESENT Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor J V L M E T X B F V T A B V N C F N N A R A S N M H T M R M V T R S M P M N B D D C S E S J T C V L V J J N S P F S V D P Y A K Y M N P G G V N P S M V P M B S S F E M C R L J M N B M N Khumalo Bam Bosman Buhali C Cronje C Danisa M Dladla Dlamini Gama Hadebe Hlabisa Khoza Khumalo Kubeka Kunene Liu Malinga Majozi Mbatha Mbuli Mdluli Meiring Miya Mnguni Molefe Mkhwanazi Mkhwanazi Mlangeni Molelekoa Mthembu Mzima Ndaba Ndima Ndlangamandla Ndlovu Ndlovu Ngcobo Ngcobo Ngema Ngema Ngwenya Nhlapho Nhlapho Nkosi Nkosi Nkwanazi Nzuze Special Council : 2017-01-25 : Speaker (ii) Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Dr Councillor Councillor Councillor Councillor Councillor S M D L S G S M J S M N S T E Shabangu Shunmugam P Sibiya T Sikhosane L Stein M B Thwala M Thwala W Twala A Vorster A Yende F Zikhali S Zulu Z Zulu M Zulu ABSENT WITH APOLOGY Councillor Councillor Councillor Councillor D D L A X M G N Dube Sibilwane Thwala Zwane : : : : other commitments other commitments other commitments other commitments ABSENT WITHOUT APOLOGY Councillor Councillor A A S J Coka Zulu Inkosi Inkosi C S B S Kubheka Radebe : : Traditional Leader Traditional Leader Van Der Byl Majola : : Auditor-General Audit Committee ALSO IN ATTENDANCE Mrs Mr K S OFFICIALS PRESENT Municipal Manager Strategic Executive Director : DP&HS Acting Strategic Executive Director : Corporate Services Acting Strategic Executive Director : BTO Acting Strategic Executive Director : Technical Services Director : Administration Chief Audit Executive Manager : Executive Support Manager : Monitoring and Evaluation Chief Risk Officer Acting Senior Administrative Officer Student Student Special Council : 2017-01-25 : : : : : : : : : : : : : Mr Ms Ms Mr Mr Mrs Ms Ms Mrs Mr Ms Ms Mr B E N N S L D R S H N W M N N Mswane Thusi Vinkhumbo Nkosi Zincume Molefe Chenia Manqele Ticka-Ragunanan Ndlela Mduna Mahlaba Mthethwa Page 1 1: OPENING The Speaker officially opened the meeting and welcomed all members to the first Council meeting of 2017. She informed the Council that the month of January is a back to school month and appreciated the Mayor for the bursary program to support financially needy students. She further welcomed the representatives from the Office of the Auditor-General as well as the Acting Chairperson of the Audit Committee. She reminded the councillors of the ward committee inauguration scheduled for 26 January 2017. 2: APPLICATIONS FOR LEAVE OF ABSENCE : (CS 3/1/4/1) The meeting was informed that the following councillors had given notice to the effect that it would not be possible for them to attend the meeting :D X D M Dube Sibilwane L G A N Thwala Zwane L G A N Thwala Zwane RESOLVED That Councillors D X D M Dube Sibilwane SED:CS(A) R.N. Mdluli be granted leave of absence from attending the meeting. 2(a) : MAYORAL FOREWORD RESOLVED That the Mayor’s foreword for 2015/2016 as attached per Annexure “A”, be noted. *** MM 2(b) : AUDITOR-GENERAL’S REPORT After a presentation by the Office of the Auditor-General, the Speaker gave each party an opportunity to comment, whereafter Kim van der Byl of the Office of the Auditor-General acknowledged the responsibility taken by the Mayor, who only took over in August 2016 and the Accounting Officer who was appointed in January 2016. The Municipal Manager assured the Council that all issues raised by the Auditor-General are on the action plan to be monitored by management and Council on a monthly basis. Special Council : 2017-01-25 Page 2 The Mayor stressed the importance of using the guidelines provided by Auditor-General’s report to work towards a clean audit, he informed Council that an investigation will be conducted on the issue of irregular expenditure and a report submitted to Council. He urged Council to expedite the filling of senior management positions. NOTED 2(c) : AUDIT COMMITTEE The Acting Chairperson of the Audit Committee, Mr. S. Majola presented a report on the Audit Committee. NOTED 3: ANNUAL REPORT : 2015/2016 : (MM 2/1/2) The Manager : Monitoring and Evaluation presented the non-financial report and the Acting Chief Financial Officer presented the financial report, whereafter, it was RESOLVED (a) That the Annual Report 2015/2016 as presented, including all components as specified, be noted; (b) that the report by the Auditor-General for the financial year ended 30 June 2016 be noted; (c) that the report of the Audit Committee for the financial year ended 30 June 2016 be noted; (d) that the Annual Report 2015/2016 of the entity uThukela Water (Pty) Ltd, be noted; (e) that the action plan on the report of the Auditor-General for 2015/16 be noted - with monthly progress reports to be submitted to Executive Committee, Audit Committee and Municipal Public Accounts Committee for monitoring thereof; (f) that the Annual Report 2015/16 be advertised for public consultation and further consideration by the Municipal Public Accounts Committee through its Oversight Report. Special Council : 2017-01-25 MM Page 3 4: URGENT MATTERS/ ADDITIONAL ITEMS (i) Mid-year performance assessment 2014/2015 : (MM 2/1/2) RESOLVED (ii) (a) That the Mid-Year Performance assessment for the period ending 31 December 2016, submitted in terms of section 72 of the Municipal Finance Management Act (Act 56 of 2003) be noted for onward submission to National and Provincial Treasury; (b) that Directorates re-align the Mid-Year Review to Monthly Projections of expenditure on the Operational and Capital budget based on the Mid-year assessed SDBIP’s and Adjustment Budget as approved by Council in December 2016; (c) that as a key intervention area, monthly capital status reports be presented to the Executive Committee - after technical assessment by the Performance Management Unit - and that a special Executive Committee be convened for this purpose; (d) that the Strategic Executive Directors comply with monthly reporting & monitoring requirements to ensure compliance with all targets by using the PMS checklist compiled for this purpose; (e) that internal project management processes be improved to ensure effective implementation of the capital program; (f) that the gaps identified in terms on non-alignment of cash flow projections to the budget be corrected by departments and Budget and Treasury Office in line with the approved adjustment budget; (g) that the progress report on resolving issues in the Annual Report 2014/2015, be noted; (h) that the Mid-Year Budget Review (as presented by the Chief Financial Officer) and the recommendations contained therein be approved for preparation of the adjustment budget for the 2016/2017 financial year and the revision of the SDBIP’s accordingly. SED:BTO E.M. Nkosi Section 52(d) : Quarterly report on budget implementation : Reporting standard : Quarter ended 31 December 2016 : (BTO 6/1/1 - 2016/2017) The Manager: Monitoring and Evaluation presented a report on budget implementation. Special Council : 2017-01-25 Page 4 The Municipal Manager acknowledged the issues raised and reported that the Executive Committee took a decision to address the issues of debt collection in Madadeni and Osizweni. He, however, mentioned that councillors and officials owing the municipality should be exemplary and pay their debt. RESOLVED (iii) (a) That Council notes the monthly budget statement and any supporting documentation for the period ended 31 December 2016; (b) that the Strategic Executive Directors at all times remain within the financial guidelines of the Municipal Finance Management Act; (c) that the Strategic Executive Directors commit themselves to maintaining a credible budget target for revenue and expenditure; (d) that the Strategic Executive Directors acknowledge the significance of the 2016/2017 approved capital budget as a service delivery barometer. SED:BTO E.M. Nkosi Section 72 : Mid-year budget and performance assessment : (BTO 6/1/1 - 2016/2017) RESOLVED (a) That the mid-year review for the period ended 31 December 2016, be noted and approved; (b) that, based on the variances presented between the approved budget and actuals for the first half of the year, an adjustment budget is necessary; (c) that, subject to approval of recommendation (b) above, the Accounting Officer be mandated to prepare and submit the adjustment budget to Council for consideration; (d) that the Accounting Officer be mandated to submit the mid-year adjustment assessment report to National and Provincial Treasuries as required by S72(1)(b) of the Municipal Finance Management Act, Nº. 56 of 2003; (e) that departmental budgetary requirements be dealt with administratively and addressed in terms of the approved virement policy; (f) that any transfers between votes be dealt with through an adjustment budget to be submitted in terms of (c) SED:BTO Special Council : 2017-01-25 E.M. Nkosi Page 5 above or be submitted to the Executive Committee is considered to be urgent. SED:BTO E.M. Nkosi ANNOUNCEMENTS The Speaker extended an invitation by the MEC for CoGta to all councillors for the launch of the back to basics to be held on 27 January 2017 in Pietermaritzburg. CONCLUSION OF MEETING There being no further business to discuss, the meeting concluded at 16:14. CONFIRMED _______ DATE Special Council : 2017-01-25 _____________ CHAIRPERSON