Subcouncil resolution details
Subcouncil 11
Agenda item no
11SUB 4/8/2020
Subject
MATTERS ARISING FROM MINUTES: 22 JULY 2020
Meeting date
Wednesday, August 26, 2020
Resolution
None
Date closed
Thursday, September 03, 2020
Resolution detail
MATTERS ARISING FROM MINUTES: 22 JULY 2020
The Subcouncil Manager Ms. Kayise Nombakuse informed the members of the following matters arising from minutes;
The Review of the Subcouncil Ward Allocation Process: Financial year 2021/2022 – Subcouncil 11, report is on the agenda item 11SUB14/08/20
Ald Antonio van der Rheede requested that Ms Yoliswa Gogela of AED forward a report dealing with the public participation aspect and he further said that the issuing of concession letters need to be revisited because it impacts on the Sub council’s delegations. Ms Gogela informed the members that a report to serve in October Subcouncil meeting. The Sub council Chairperson read the Delegations of Sub councils as follows
Acting in terms of section 59 of the Systems Act hereby delegates the following powers, functions and duties to Subcouncil including the power to sub delegate any delegated powers, functions and duties to members of the municipal staff only in terms of section 17 Cape Town Subcouncil By-law 2003.
Delegation 1 (1) To assess the performance of service delivery generally within their area of jurisdiction (outcome monitoring)
Delegation 1(3) To review and evaluate the needs of the municipality in order of priority, in terms of section 56(2) of the Structures Act and recommend same to the Executive Mayor together with Mayoral Committee for submission to Council.
Delegation 5(5) To facilitate the liaison between the civic organization, ratepayer’s association and similar for a within the Subcouncil area to ensure service delivery and enhance and uplift the community’s environment.
Ald. Antonio van der Rheede asked for the period of time in which a concession letter is issued and said it is abuse of power if concession letters are issued for unspecified period of time.
Cllr Moses informed the members that legal opinion for issuing concession letters is in contrast of the white paper and Subcouncil delegation. Cllr Moses said how can it be that there was no consultation with Subcouncil and proposed to get a legal team out to discuss the document.
Cllr Cassiem also informed the members of challenges the ratepayers have at the corner of Orion Road and Turfhall Road. He informed the members that the fish monger is selling fish and litter the property with fish gut to adjacent properties. There is an increase of trading to the site and is creating potential health hazard as a number of vendors are also attracted to the site. By- laws are being violated vendors make noise, urinate next to the vibracrete boundary walls of private properties. The birds drop fish gut into the neighboring property yards and pools. He emphasized that a deeper discussion need to be held with departments regarding concession letters granted because there is no way a concession letter violates a By- law and infringe the right of ratepayers and property owners. Informal traders need to be considerate of the rights of property owners. Law enforcement is unable to act because the vendor has a concession letter. He proposed that the vendors relocate to the site next to Coke factory in Turfhall Road and AED follow up the matter and report to the sub council on actions taken.
Alderman Antonio van der Rheede said that he will ask Alderman Twigg’s office to get our own legal opinion and that the item be put on the next Subcouncil agenda.
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RESOLVED
The Subcouncil members RECOMMENDED that Area Economic Development submit a report on the actions taken to resolve the matter. |
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Action: Z Lalendle, K Nombakuse |
