Ald M Nieuwoudt alluded the meeting that the Subcouncil had several lengthy discussions on this matter and need to distinguish the legal framework of the tender. Also, what strategy needs to be followed in order to secure if there is control over the water that the City supply and in such a way determine the upkeep of a device that is not working.

 

She requested that the Subcouncil 2 Office engage with the technical staff to understand the technical aspect of the Water Management Device. She advises that Subcouncil 2 obtain legal advice on the matter for the way forward.

 

RESOLVED unanimously by the Subcouncil 2 that the item remains on the Matters Receiving Attention and that legal advice be obtained from the Legal department.

 

ACTION: BERTUS SAAYMAN/ MICHAEL WEBSTER



10.01.2020 - Feedback from Bertus Saayman: Water & Sanitation Serives (WDM)



Firstly you would be aware of the e-mail that was previously send by Alderman Limberg (see attached) dd 15/3/2019 which essentially states that:

• 
  Rollout of WMD has been temporarily suspended until such time as a contractual dispute with them is resolved.


• 
  The City is not legally in a position to disclose any further information regarding this matter.

 

As regards to the contractual dispute referred to above:

• 
  The specific dispute referred to above with one of the suppliers was resolved and the contract allowed to continue based on the advice from the legal section.


• 
  The other supplier, based on previous engagement, was already in mediation process with the City and such dispute is still outstanding.

 

As regards to the outstanding legal issues, the City’s legal section is assisting the Water and Sanitation Department.

 

As regards to the latest resolution:

• 
  Distinguish the legal framework of the tender


• 
  Sub-Council 2 obtain legal advice on the matter for the way forward


• 
  What strategy needs to be followed in order to secure if there is control over the water that the City supply and in such a way determine the upkeep of a device that is not working.

(I requested guiding notes and received the following)

• 
  Whatever device is used need to enable
  
  
  
  • 
    City effective control of supply of water to the erf
  
  
  • 
    To define the cost and maintenance plan for the life span of the device
  
  
  
  


• 
  We have forced customers t pay for an device.  We now have to replace it again. Who will be paying?

 

Me van Rhyn:

-     As a rule customers will not pay for the water management devices, the only exception was during the drought where the devices were used to reduce consumption at non-indigent properties that contravened the restriction measures.  Replacement of meters is performed from the budget provided for replacement of meters.  The cost for meters still under guarantee is carried by the supplier.

-        The strategy regarding domestic meters are currently at a sensitive stage in obtaining political buy-in and it can only be communicated in a controlled  manner to prevent messages going out to the public before full internal approval has been obtained.  It would therefore be appropriate for the sensitive issues to be placed on hold until approval is received to release. (Would recommend that this mail not be used as part of official documentation to Sub-Council).

-        The issue of the technical workings can however be addressed.

 

Donovan / Fasiegh / Yusuf – See request for engagement with the technical staff to understand the technical aspect of the Water Management Device – next meeting is 22/1/2020.



Bertus Saayman



12 August 2020

From: Bertus Saayman <Albertus.Saayman@capetown.gov.za>

Sent: 12 August 2020 10:29

To: Amelia Van Rhyn <Amelia.VanRhyn@capetown.gov.za>

Cc: Motale Selesho <Motale.Selesho@capetown.gov.za>; Yusuf Adam <Yusuf.Adam@capetown.gov.za>; Aboubakar Joseph <Aboubakar.Joseph@capetown.gov.za>; Omar Salie <Omar.Salie@capetown.gov.za>; Fasiegh Dollie <Fasiegh.Dollie@capetown.gov.za>; Siyabulela Bashe <Siyabulela.Bashe@capetown.gov.za>; Ntomboxolo Faku <Ntomboxolo.Faku@capetown.gov.za>

Subject: RE: Wmd devices

 

Morning,

 

Please note that the request for a court date is premature.  This item is in legal process.  The matter is in preparation stage to issue a Summons. The process forward will take place under guidance from attorney’s and legal Counsel’s advice.  

 

Trust this will suffice.

 

Regards

 

Bertus

 

The meeting was informed that the presentation will be done at the next Subcouncil 2 meeting.

 

RESOLVED unanimously by the Subcouncil 2

 

1. 
   That the item remains on the Matters Receiving Attention and that legal advice be obtained from the Legal department;


2. 
   That Aboubakar Joseph and team be requested to present the technical aspects of the Water Management Devices at the next Activity day.

 

ACTION: SECRETARIAT/ ABOUBAKAR JOSEPH

INFORMATION: BERTUS SAAYMAN

 

From: Bertus Saayman <Albertus.Saayman@capetown.gov.za>

Sent: 12 August 2020 10:29

To: Amelia Van Rhyn <Amelia.VanRhyn@capetown.gov.za>

Cc: Motale Selesho <Motale.Selesho@capetown.gov.za>; Yusuf Adam <Yusuf.Adam@capetown.gov.za>; Aboubakar Joseph <Aboubakar.Joseph@capetown.gov.za>; Omar Salie <Omar.Salie@capetown.gov.za>; Fasiegh Dollie <Fasiegh.Dollie@capetown.gov.za>; Siyabulela Bashe <Siyabulela.Bashe@capetown.gov.za>; Ntomboxolo Faku <Ntomboxolo.Faku@capetown.gov.za>

Subject: RE: Wmd devices

 

Morning,

 

Please note that the request for a court date is premature.  This item is in legal process.  The matter is in preparation stage to issue a Summons. The process forward will take place under guidance from attorney’s and legal Counsel’s advice.  

 

Trust this will suffice.

 

Regards

 

Bertus

RESOLVED unanimously by the Subcouncil 2

 

1. 
   That the item remains on the Matters Receiving Attention;


2. 
   That the item is in the preparation stage to issue a summons;


3. 
   That the process will take under the guidance of attorneys and legal counsel advice.


4. 
   That the department be approached to find out how the Subcouncil can receive progress on the matter and if the Subcouncil can be included in the communication to the Director: Legal Services as a monitoring tool.

 

ACTION: ABOUBAKAR JOSEPH

INFORMATION: BERTUS SAAYMAN

17 February 2021:



RESOLVED unanimously by Subcouncil 2

1. 
   That the item remains on the Matters Receiving Attention and that it be fast tracked.


2. 
   That the department provide regular feedback to the Subcouncil 2 on the progress with the court proceedings.

 

ACTION: ABOUBAKAR JOSEPH / BERTUS SAAYMAN

17 March 2021:



RESOLVED unanimously by Subcouncil 2

1. 
   That the item remains on the Matters Receiving Attention to fast track the item;


2. 
   That the department provide regular feedback to Subcouncil 2 on the progress with the court proceedings.


3. 
   That the department forward the case number to the Subcouncil 2 office.

 

ACTION: ABOUBAKAR JOSEPH / BERTUS SAAYMAN

 

23 April 2021:



RESOLVED unanimously by Subcouncil 2

 

1. 
   That the item be removed from the Matters Receiving Attention;


2. 
   That the Water and Management department be invited to the next meeting to do a presentation on the new devices used by the department in terms of the new policy.

 

ACTION: AMELIA VAN RHYN

19 May 2021:



RESOLVED unanimously by Subcouncil 2

 

1. 
   That the item be remains on the Matters Receiving Attention;


2. 
   That a letter be forwarded to the Legal Services department to ensure that they are taking up the legal investigation around the tender.

ACTION: AMELIA VAN RHYN 

 

21 July 2021: 



RESOLVED unanimously by Subcouncil 2

 

1. 
   That the item be remains on the Matters Receiving Attention;


2. 
   That a letter be forwarded to the Legal Services department to ensure that they are taking up the legal investigation around the tender;


3. 
   That Subcouncil 2 routed the communication through the Mayor’s Office and ask his legal adviser Yana Le Roux to assist the Subcouncil obtaining the answers from (ii) above.

 

ACTION: AMELIA VAN RHYN

 

25 August 2021:



RESOLVED unanimously by Subcouncil 2

 

1. 
   That the item remains on the Matters Receiving Attention;


2. 
   That a letter be forwarded to the Legal Services department to ensure that they are taking up the legal investigation around the tender;


3. 
   That Subcouncil 2 route the communication through the Mayor’s Office and ask his legal adviser Yana Le Roux to assist the Subcouncil obtaining the answers in (ii) above.

ACTION: AMELIA VAN RHYN

 

 

 

23 March 2022



RESOLVED unanimously by Subcouncil 2

 

1. 
   that the feedback BE NOTED;


2. 
   that the item REMAINS on the Matters Receiving Attention;


3. 
   that a follow up meeting be arranged with the department within two weeks’ time to determine a way forward.

 

ACTION: NICOLAS DIAS / AMELIA VAN RHYN

20 April 2022:



RESOLVED unanimously by Subcouncil 2

 

1. 
   that the feedback on the Subcouncil 2 Water Management Devices BE NOTED;


2. 
   that the item BE REMOVED on the Matters Receiving Attention;

 

ACTION: SECRETARIAT