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NOTULE VAN ‘n RAADSVERGADERING VAN DIE PIXLEY ka SEME DISTRIKS MUNISIPALITEIT GEHOU OP DINSDAG, 30 MAART 2021, OM 12:00, IN DIE RAADSAAL TE CULVERTWEG DE AAR
MINUTES OF A COUNCIL MEETING OF THE PIXLEY ka SEME DISTRICT MUNICIPALITY HELD AT 12:00, ON TUESDAY, 30 MARCH 2021,IN THE COUNCIL CHAMBER, CULVERT ROAD DE AAR
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1. OPENING& WELCOMING:
The Municipal Manager opened the meeting , because a written apology was received by the Speaker which is the Chairperson of Council. The Municipal Act Chapter 3 and Section 41, must now be applied to elect an Acting Speaker to chair the meeting , for today 30 March 2021.
The application for the absence of the Speaker for today was approved.
Proposed by: Cllr. A Oliphant Seconded by: Cllr. E Humpries
The process of selecting an Acting Speaker followed:
Cllr. M Matebus proposed Cllr. A Oliphant, but no seconder was available on this proposal.
Cllr. Cllr. R Smith proposed Cllr. UR Itumeleng, but no seconder was available on this proposal.
Cllr. UR Itumeleng proposed that Cllr. AT Sintu must be the Acting Speaker for today and Cllr. K Gous seconded the proposal.
Cllr MA Matebus opened the meeting with a prayer and the Acting Speaker:
Cllr AT Sintu welcomed everyone present.
2. TEENWOORDIG / PRESENT:
Rdle / Cllr GL Nkumbi UR Itumeleng PP Mhauli E Humphries
2 HJ Marais
R Smith K Gous CJ Pieterse A Oliphant MA Matebus AT Sintu CP Hugo D Smous S Swartling NJ Batties
OOK TEENWOORDIG/ ALSO PRESENT:
Mr.Mlungusi Mpungese (Auditor- General Offices)
AAN DIENS TEENWOORDIG/PRESENT ON DUTY:
Mnr./ Mr RE Pieterse (Municipal Manager) Mnr./Mr BF James (Chief Financial Officer)
Mnr./Mr H Greeff (Senior Manager: Infrastructure, Development, Housing and Planning
Me/ Ms R Sors (Audit:Chief Executive)
Me/ Ms ML Mukoma(Acting: Senior Manager: Corporate Services) Me/ Ms LM De Leeuw ( Manager: Senior Support Services)
3.VERLOF TOT AFWESIGHEID / APPLICATION FOR LEAVE OF ABSENCE:
Cllrs. CC Jantjies (Speaker), JEJ Hoorn, JT Yawa (verbally without written apology), JJ Hoffman (without written apology,but a verbal apology was received)
Resolved:
That the written apologies for CC Jantjies, JEJ Hoorn were approved. That the verbal apologies of Cllr. JJ Hoffman and Cllr. JT Yawa are noted.
4.BEKRAGTIGING VAN NOTULE / CONFIRMATION OF THE MINUTES:
Notule Spesiale Raadsvergadering/Minutes Special Council Meeting: 26/02/2021.
3 RESOLUTION:
That the minutes for the Special Council meeting of 26 February 2021 be approved, with the correction made that Cllr NJ Batties did submit a written apology to the Speaker, Cllr. NJ Batties must forward that email to Ms.C De Leeuw.
Proposed by : Cllr. E Humphries Seconded by: Cllr. K Gous
5. MEDEDELINGS DEUR DIE SPEAKER / STATEMENTS BY THE SPEAKER:
Geen / None
6. STATUTêRE SAKE / STATUTORY BUSINESS:
Geen / None
7. SAKE VOORTSPRUITEND UIT DIE NOTULE / MATTERS ARISING FROM THE MINUTES:
Geen/None
8. VERSLAE / REPORTS:
8.1 VERSLAG DEUR DIE UITVOERENDE BURGEMEESTER / REPORT BY THE EXECUTIVE MAYOR:
8.1.1 APPROVALS BY THE MUNICIPAL MANAGER:
Ratification is needed for the following which was approved by the Municipal Manager in accordance with powers delegated to him through the Municipal Finance Management Act of 2003 no 56.
8.1.1 ADMIN / PERSONNEL:
8.1.1.1 Approval was granted to Ms. ML Mukoma to act in the position of Senior Manager Corporate Services from 30 November 2020 until 17 December
2020.Financial Implication: R1874.76.
8.1.1.2 Approval was granted to Mr.AM Ngobeni for applying for membership at LA Health Medical Aid, for his child dependant from 01February 2021. Financial
Implication: R601.20
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8.1.1.3 Approval was granted to Ms NV Present for acting allowance in the position of PMS Officer from 04 January 2021until 29 January 2021. Financial Implication:
R9628.80.
8.1.1.4 Approval was granted to Ms.V Ndodana to act in the position of Ms. B Jim, Environmental Health Practitioner from 04 January 2021 until 29 January 2021.Financial Implication: R1490.28.
8.1.1.5 Approval was granted to Ms. ML Mukoma to act in the position of Senior Manager Corporate Services from 04 January 202 until 29 January 2021.Financial Implication: R2884.24.
8.1.1.6 Approval was granted to appoint Ms. SJ Bendu in the position of an Environmental Health Practitioner from 01 April 2021.
8.1.1.7 Approval was granted to appoint Ms. A Nofemele in the position of a Financial Intern from 01 April 2021.
RESOLVED: R2021-03-30 (8.1)
That the approvals given by the Municipal Manager be recommended to Council for ratification.
8.2. FINANCE: FINANCIAL REPORT:FEBRUARY 2021:
RESOLVED: R 2021-03-30 (8.2)
That Council approves the Financial Reports for February 2021.
Proposed by: Cllr. A Oliphant Seconded by: Cllr.E Humpries
8.3 BANK REKONSILIASIE/RECONCILIATION: FEBRUARY 2021:
RESOLVED: R2021-03-30 (8.3)
That Council take note of the Bank Reconciliation Report for February 2021.
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8.4 TRAVELLING AND SUBSISTANCE EXPENSES FOR THE MUNICIPAL MANAGER , SENIOR MANAGERS AND OTHER PERSONNEL :
FEBRUARY 2021:
RESOLVED:R 2021-03-30 (8.4)
That Council take note of the Travelling and Subsistance Expenses for the Municipal Managers, Senior Managers and other Personel for February 2021.
Proposed by: Cllr.K Gous Seconded by: Cllr.CP Hugo
8.5 TRAVELLING AND SUBSISTANCE EXPENSES FOR COUNCILLORS:
FEBRUARY 2021:
RESOLVED:R2021-03-30 (8.5)
That Council take note of the Travelling and Subsistance Expenses for Councillors for February 2021.
Proposed by: Cllr.A Oliphant Seconded by: Cllr.NJ Batties
8.6 KONTANTVLOEI/ CASHFLOW: FEBRUARY 2021:
RESOLVED:R2021-03-30 (8.6)
That Council take note of the Cashflow of February 2021 .
8.7 STAAT VAN BELEGGINGS / STATEMENT OF INVESTMENTS : FEBRUARY 2021:
RESOLVED: R 2021-03-30(8.7)
That Council note the Statements of Investments for February 2021.
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8.8 DRAFT ANNUAL PERFORMANCE REPORT:2019/2020:
PURPOSE:
To present the Draft Annual Performance Report for the 2019-2020 financial year to the Municipal Council.
BACKGROUND:
Chapter 12, Section 121 (1)(2)(3) of Local Government: Municipal Finance
Management Act, 56 of 2003 instructs all Municipalities to prepare and adopt Annual Reports, reflecting on all activities of each financial year.
Chapter 6, Section 46 (1)(2) of Local Government: Municipal Systems Act, 32 of 2000 instructs all Municipalities to prepare a Performance Report for each financial year.
An Annual Report must include amongst others, the following:
• The Annual Financial Statements of the Municipality
• The Auditor General’s Audit Report
• The Annual Performance Report
• An Assessment by the Municipality’s Accounting Officer of the Municipality’s performance against the measurable performance objectives.
The Municipal Council must further note that this Draft Report must be made
available to all stakeholders and communities in the District. This will be done through advertising it on the official website of Pixley ka Seme District Municipality, an advert in the Local newspaper, display of copies at all Local Municipalities and at Pixley ka Seme District Municipality, as well as conducting community meetings in two
identified towns in the district.
All the aforementioned activities will serve to deepen and to promote accountability and transparency on the decisions taken by the municipality for the 2019-2020
financial year.
RESOLVED: R2021-03-30(8.8)
That the Municipal Council to note this Draft Annual Performance Report as recommended by the Mayoral Committee.
7 8.9 COVID19 SOLIDARITY FUND:
PURPOSE:
To inform the Municipal Council on the activities that were engaged in during the execution of the COVID19 Solidarity Fund Programme in 2021.
BACKGROUND:
The Municipal Council mandated the Solidarity Fund Committee to develop a social relief programme for implementation in January 2021, and to report back the Municipal Council on the activities embarked upon in the district.
The programme was as follows:
Date Municipality/Institution Town Activity Nr of
beneficiaries 22 February
2021 Renosterberg LM Philipstown Handing- over food parcels
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households 25 February
2021
Siyathemba LM Niekerkshoop Handing- over food parcels
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households 15 March
2021
Enoch Mthetho High School
Noupoort Handing- over of school uniform
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All the above-mentioned activities served as Council-Meets-the-People in the mentioned Municipalities. The beneficiaries were identified by the Local
Municipalities, through the Mayors and Ward Councillors. Strict COVID19 protocols were maintained during this campaign.
School management teams of the two adopted schools were tasked to identify 10 needy learners in each school.
The 10 sets of school uniforms for the Victoria West Combined School will be handed over in late March 2021, after the completion of the SCM processes.
RESOLVED: R2021-03-30 (8.9)
That the Municipal Council to adopt this report as recommended by the Mayoral Committee.
8 Proposed by: Cllr. E Humpries
Seconded by: Cllr. R Smith
9.NUWE SAKE / NEW MATTERS:
9.1 CONCEPT BUDGET 2021/2022:
PURPOSE:
To present to Council the Concept Operational and Capital Budget for the 2021/2022 financial year.
BACKGROUND:
As per the MFMA no 56 of 2003 must a Municipal Council approves its Operational and Capital Budget for the next financial year on or before 31 March. The Operational and Capital Budget which will be presented to Council today for consideration and approval is only a provisional/concept document as we at this stage still awaits additional financial information .The outstanding information is expected during April/May 2021 and will be included in the final Operational and Capital Budget which will be presented to Council at end May 2021 and implemented by the Administration on 1 July 2021.The outstanding information includes :
1)CPIX Rate at 1 July 2021(Shared Services rates) 2)Wage negotiations outcome
3)Coghta allocations(NEAR and Housing accreditation) 4)Dept Health(HIV Aids programmes)
5)Outcomes of LLF(Approval of new organogram)
All the DORA allocations for 2021/2022 are included in the Concept Budget and we provisionally budgeted for a 5% wage increment for the 2021/2022 financial year .The DM for 2021/2022 did not received any Conditional Infrastructural Grants. We however will receive the MSIG grant. Our grant income increased slightly compared to the 2020/2021 financial year.
RESOLVED :R2021-03-30 (9.1)
That Council approved the Concept Operational and Capital Budget for the 2021/2022 financial year.
Proposed by: Cllr.A Oliphant Seconded by: Cllr.S Swartling
9 9.2 AUDIT ACTION PLAN 2019/2020:
PURPOSE:
To present to Council the Audit Action Plan for the 2019/2020 financial year.
BACKGROUND:
As per the MFMA must the Municipal Manager present to Council an Audit Action Plan which address issues raised by the Office of the Auditor General upon receiving of the final Audit Report for that specific financial year. The Audit Action Plan must include corrective actions as well as due dates and responsible persons and also resources to be utilized in correcting the issues raised by the AG. PKSDM received our final Audit Report from the AG at end February 2021.The Audit Action Plan prepared by Management will be presented as a standing item to the Audit Committee meetings and will also be presented to MPAC.
Furthermore will the Audit Action Plan be workshopped by different role players and progress on it will be monitored on a continuous base throughout the 2020/2021 financial year. The offices of the MM and CFO will be the main drivers of the Audit Action Plan.
RECOMMENDATION/S:R2021-03-31 (9.2)
That Council approves the Audit Action Plan for the 2019/2020 financial year.
Proposed by: Cllr.A Oliphant Seconded by: Cllr. E Humpries
9.3: PIXLEY KA SEME DISTRICT MUNICIPALITY: SHARED SERVICES PERFORMANCE FOR 3rd QUARTER 2020-2021:
PURPOSE:
To inform Council on the performance of Local Municipalities in relation to the payment for shared services, for the 3rd quarter of 2020-2021.
BACKGROUND:
Pixley ka Seme District Municipality entered into a legal and binding Shared Service SLA with all 8 Local Municipalities in the District, for the 2020-2021 financial-year.
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This Service Level Agreement implies that Pixley ka Seme District Municipality will provide a basket of services to the Local Municipalities, and that the Local
Municipalities will pay an agreed-upon fee, to Pixley ka Seme District Municipality.
Local Municipalities have the option to either effect monthly or quarterly payments.
RESOLVED: R2021-03-30 (9.3)
That the Municipal Council adopted this report as recommended by the Mayoral Committee.
Proposed by: Cllr.UR Itumeleng Seconded by: Cllr.A Oliphant
9.4 AUDIT REPORT 2019/2020:
PURPOSE:
To present the Final Audit Report for the 2019/2020 financial year to the Mayoral Committee.
BACKGROUND:
The 2019/2020 external of PKSDM was performed by the Office of the Auditor General at a budget of R2.9 million. A total of 33 Requests for information(RFI’s) was issued followed by 7 Communication of findings(COMAF’s) .Thirty-nine(39) findings was then raised by the AG of which 14 findings were elevated to the Management Report(MR) and eventually did only three(3) findings ended in the Final Audit Report(AR) for the 2019/2020 financial year.
PKSDM ultimately received an unqualified opinion with two(2) matters of emphasis from the AG for the said financial year. The emphasis of matters was:
1)Underspending of the budget(Covid 19) 2)Restatement of corresponding figures.
The other matters were:
1)AFS/Performance Reports
2)Expenditure Management(Irregular Expenditure investigations)
3)Procurement and Contract Management(Bid Committees/Persons in service of state) 4)Consequence Management
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An audit recovery plan is in the process of being compiled and will be presented to Council at end March 2021.
RESOLVED:R2021-03-30 (9.4)
That the Council take note of the Audit Report from the AG for the 2019/2020 financial year as recommended by the Mayoral Committee.
Proposed by: Cllr.K Gous Seconded by: Cllr. PP Mhauli
9.5 APPOINTMENT OF AUDIT AND PERFORMANCE COMMITTEE MEMBER:
PURPOSE:
The Council to appoint Audit and Performance Committee member for a period of two years starting on 01 April 2021 to 30 May 2023.
BACKGROUND:
Section 166 of the MFMA requires that each municipality must have an audit committee. The audit committee operates as a committee of council and performs the responsibilities assigned to it by the MFMA section 166, and the corporate governance responsibilities delegated to it under its charter by the council.
Section 166 provides for a minimum requirement for the composition of an audit committee. The audit committee must comprise of at least three (3) persons who are not in the employ of the municipality. In terms of best practice, the number and/or size of audit committees can be increased to address the requirements, peculiarities and needs of the municipality.
Section 166(5) of the MFMA requires that the members of an audit committee must be appointed by the council of the municipality. One of the members, who are not in the employ of the municipality, must be appointed as the chairperson of the committee.
Councillors are not allowed to be members of the audit committee. The appointed members should enter into a contract with the municipality according to the approved terms of reference.
The member appointed as chairperson should have the following qualities:
▪ Has good standing and ability to lead discussions
▪ Creates vision and provides direction at meetings
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▪ Builds municipal capabilities by guiding management based on expert knowledge and skills
▪ Promotes and achieve quality outcomes at meetings
▪ Has the ability to speedily and effectively advise council of any impending non- compliance with the legislative framework
Members should be selected from different areas of expertise to enhance the audit committee’s overall knowledge of the municipality and the ability to discharge its obligations and provide appropriate recommendations to council.
The appointed members should collectively possess the following skills and experience:
▪ Financial Management
▪ Legal
▪ Admin and Governance (i.e. Internal Audit, Risk Management, IT Human Resources, Planning, etc.)
▪ Performance Management
To enhance independence of the audit committee, the term of office for members must be strictly adhered to. The chairperson should be appointed for a minimum of three years to ensure that he/she contributes most effectively and provides stability to the audit committee, while other members should serve at least a minimum of three years with an option to renew for another three years, based on performance. Rotation of members is encouraged as it enhances the independence of the audit committee.
Members of the audit committee should not be contracted continuously for a period exceeding six years.
A fourth member, Ms DPS van Wyk resigned from the audit and performance committee in October 2020. Pixley ka Seme District Municipality therefore embarked on head-hunting recruitment process to fill the vacancy left by the resignation of Ms DPS van Wyk.
The following person accepted the proposition:
Ms Keamogecoe Adoration Hati: B.com Accounting CA Stream
Advanced Diploma in Accounting Science (RGA) Registered Government Auditor
It is therefore requested that Council approves the appointment of Ms. KA Hati as an audit and performance committee member for the period 01 April 2021 to 31 May 2023.
RESOLVED: R2021-03-30 (9.5)
That the person mentioned above be appointed as Audit and Performance Committee member in order to adhere to legislation.
13 Proposed by: Cllr.UR Itumeleng
Seconded by: Cllr.A Oliphant
9.6 PIXLEY KA SEME DISTICT DRAFT INTEGRATED DEVELOPMENT PLAN(IDP) FOR 2021/2022 FINANCIAL YEAR:
PURPOSE:
To obtain approval from the Council for the Pixley ka Seme District final Integrated Development Plan (IDP) 2021/22.
BACKGROUND:
Municipalities are required by the provisions of Chapter V of the Municipal Systems Act (32) 2000 to prepare and adopt Integrated Development Plan for the areas under their jurisdiction. Thus Section 25 (1) states that: “Each municipal Council must within a prescribed period after the start of its elected term, adapt a single, inclusive and strategic plan for the development of the municipality. Furthermore Section 25 (2) states that an Integrated Development Plan adopted by a Municipal Council in terms of subsection (1) may be amended in terms of section 34 and remains in force until an Integrated development Plan is adopted by the next elected Council. This is final review of the 2017/2022 five-year IDP.
RESOLVED: R2021-03-30 (9.6)
That Council approved the Draft District Integrated Development Plan (IDP) for 2021/22.
Proposed by: Cllr.K Gous Seconded by: Cllr.CP Hugo
14 9.7 EPWP BUSINESS PLAN FOR 2021/2022:
PURPOSE:
For Council to approve the Expanded Public Works Programme Business Plan for 2021/22.
BACKGROUND:
The District Municipality will receive an R1,075 million allocation for the 2021/22 financial year. The following projects are earmarked to be implemented.
• Construction of storm water control infrastructure in Schmidtsdrift;
• Refurbishment of municipal facilities (community halls) in Douglas;
• Paving and refurbishment Pixley ka Seme district offices.
RESOLVED: R2021-03-30 (9.7)
That Council approved the Business plan for the Expanded Public Works Programme for 2021/22 financial year.
Proposed by: Cllr. S Swartling Seconded by:Cllr. A Oliphant
9.8 PIXLEY KA SEME DISTRICT DEVELOPMENT FUND:
PURPOSE:
To obtain Council approval for the Terms of Reference for PKSDM Development Fund to be implemented as soon as possible.
BACKGROUND:
According to recent statistics 32.37% of the total population of Pixley Ka Seme District
‘s is unemployed, and as a district we only contribute 0.27% towards the Gross Domestic Product of South Africa.
For small businesses there is a basic desperation for survival as the COVID-19 outbreak has caused a major economic shock throughout the country. The pandemic caused massive dislocation among small businesses; other businesses were forcefully shutdown.
Some businesses reduced contagion risk among employees through a shift to remote while other businesses were ill equipped as COVID-19 appeared to be an existential threat.
Amongst other things, the review of the District Local Economic Development Strategy has also shown us that we have potential for small business development but the
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geographical outlook of the district and the lack of infrastructure make it difficult for stakeholders in our community to reach some funding initiatives that are commissioned from provincial level and therefore part of the conclusion was to initiate a development fund that would be administered from district level by the PKSDM LED Unit.
As it stands, lack of mentorship, development institutions being far from the community, and also, the low literacy percentage of the district continue to be long standing challenges for the SMMEs in the district and we believe the PKSDM Development Fund can make great strides in trying to bridge this gap.
The terms of reference provide a guideline how the fund will be administered during implementation.
RESOLVED: R2021-03-30 (9.8)
1.That Council approved the Terms of Reference for the PKSDM Development Fund.
2.That Council take note of the approved project which will be implemented in Noupoort during the MTEF period.
Proposed by: Cllr E Humpries Seconded by:Cllr. S Swartling
9.9 MUNICIPAL HEALTH SERVICES REPORT: QUARTER TWO(2020/2021):
RESOLVED:R 2021-03-30 (9.9)
That Council approved the Municipal Health Services Report for Quarter Two (2020/2021) as recommended by the Mayoral Committee.
Proposed by: Cllr. K Gous Seconded by: Cllr. A Oliphant
10. AFVAARDIGINGS / DELEGATIONS:
The Audit General’s Office made an presentation on the Audit Report for PKSDM ended on 30 June 2020.
The Municipalty received an Unqualified Opinion.
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11. KENNISGEWING VAN MOSIES/ NOTICES OF MOTIONS:
Geen / None
12. AANKONDINGINGS DEUR UITVOERENDE BURGERMEESTER/
ANNNOUNCEMENTS BY THE EXECUTIVE MAYOR:
The Executive Mayor reminded everyone present that all protocols for Covid-19 must still be adhered too.That everyone to stay safe and enjoy the Easter weekend. The Executive Mayor thanked the Municipal Manager and all Officials for their good work done in terms of their working relations and the Audit outcome, also for the exccelent working relationship between Councillors and Officials.
13. SLUITING/CLOSURE :
Cllr H Marais closed the meeting with a prayer. The meeting closed at 13:45