NOTICE TO ALL VENDORS AND SUPPLIERS DOING BUSINESS WITH THE NELSON MANDELA BAY MUNICIPALITY (NMBM)

This notice serves to create awareness among all vendors and suppliers whose companies are procured through the NMBM’s Supply Chain Management (SCM) processes to conduct business with the Municipality.

You may have read in various modes of communication (e.g. newspapers) of instances where the NMBM may have delayed the processing or settling of payments within the legislated 30 days of receipt of invoice. Amongst the main reasons for these delays, is that service providers may have been allowed to undertake work in certain instances which was, for example, not within the "original scope of work” of the original contract, and which if settled without properly conducting internal processes, will result in an "irregular expenditure” being incurred.

Incurring irregular expenditure in Local Government is not permissible in terms of the Local Government: Municipal Finance Management Act (MFMA) (56 of 2003).

In certain instances, work is undertaken outside the valid contract period or without a valid purchase order, also resulting in the expenditure incurred to be outside the requirements of the MFMA, either being classified as unauthorised, irregular, fruitless or wasteful. All these types of expenditure are forbidden in terms of the MFMA, resulting in delays of the payment process as other internal processes must be followed in such instances, prior to payment being released.  

If there is an instruction for your business to undertake work that may be outside the scope of work of the original contract, or a need for an extension of the original contract, and anything beyond the original contract, please ensure that proper authority has been granted by an authorised Municipal Representative for you to do so.

[NB: If, for example, your original contract had to do with the "Painting of Mfanasekhaya Gqobose Building – Govan Mbeki Avenue” and suddenly upon completion of the assignment/work, you are instructed to paint another municipal building, please start by enquiring about the existence of authority to do so, prior to continuing with such work as it will lead to a problem with your invoice/s being settled timeously "or not being settled at all” as that is a definite irregular expenditure incurred in your company’s name].

To understand the meaning of the term "Irregular Expenditure”, the following is extracted from Chapter 1 of the Local Government: Municipal Finance Management Act (56 of 2003):

‘‘Irregular expenditure’’, as defined in the Local Government: Municipal Finance Management Act (56 of 2003), in relation to a municipality or municipal entity, means:

• expenditure incurred by a municipality or municipal entity in contravention of, or that is not in accordance with, a requirement of the MFMA, and which has not been condoned by National Treasury in terms of Section 170;
• expenditure incurred by a municipality or municipal entity in contravention of, or that is not in accordance with, a requirement of the Local Government: Municipal Systems Act (32 of 2000), and which has not been condoned in terms of that Act;
• expenditure incurred by a municipality in contravention of, or that is not in accordance with, a requirement of the Public Office-Bearers Act, 1998 (Act No. 20 of 1998); or
• expenditure incurred by a municipality or municipal entity in contravention of, or that is not in accordance with, a requirement of the supply chain management policy of the municipality or entity or any of the municipality’s by-laws giving effect to such policy, and which has not been condoned in terms of such policy or by-law, but excludes expenditure by a municipality which falls within the definition of ‘‘unauthorised expenditure”.

Incurring irregular expenditure has negative consequences as contained in the MFMA and as such all organs of state (including municipalities) are forbidden from incurring such kind of expenditure. 

You are therefore urged to ensure that when doing business with the NMBM you must, always, observe the terms and conditions of the original contract with a valid purchase order.

In the event that you need any clarity on this notice, which serves as guidance/advice going forward, you can direct your enquiries to the City Manager’s office and/or Chief Financial Officer’s office at cm@mandelametro.gov.za or cfo@mandelametro.gov.za respectively.

Please assist us so that we can help you to avoid harming your business, as failure thereof may lead to delayed or non-payment for goods/services received or rendered in an irregular manner.

Additionally, this may also lead to lengthy litigation processes to the detriment of your company.

APPLICATION IN TERMS OF SECTION 71 OF THE NELSON MANDELA BAY METROPOLITAN MUNICIPALITY SPATIAL PLANNING AND LAND USE MANAGEMENT BY-LAW, 2023 FOR:

ERF: 9211, Wells Estate

APPLICANT: S. Vuzane on behalf of Nelson Mandela Bay Municipality

Notice is hereby given that an application will be made to the Nelson Mandela Bay Metropolitan Municipality for:

• The subdivision of Erf 9211, Wells Estate.
• The amendment of the NMBMM Land Use Scheme, 2023 by departing from Open Space requirements.
• The amendment of the NMBMM Land Use Scheme, 2023 by departing from the Street Building line of 3 m to 1 m.
• The amendment of the NMBMM Land Use Scheme, 2023 by the rezoning of Erf 9211, Wells Estate from Special Purposes Zone to Single Residential Zone 1, Transportation Zone 1 and Open Space Zone 1.

The detailed proposal may be requested from the applicant via e-mail, svuzane@mandelametro.gov.za.

Members of the public are invited to submit comments, objections or intervener status using the Comments and Objections Form in the SPLUMA Bylaw, with clear reasons in respect of the proposal, to the following:

1. The Applicant, S. Vuzane, 3rd floor, Lillian Diedericks Building, 191 Govan Mbeki Avenue, Gqeberha, 6000, 041 506 2383, e-mail: svuzane@mandelametro.gov.za,

and a copy sent to:

2. The Executive Director: Human Settlements, PO Box 9, Gqeberha, 6000; c/o e-mail: awilliams@mandelametro.gov.za on or before 1 NOVEMBER 2024.

Persons with disabilities who are not able to e-mail, may contact Ms S. Vuzane at 3rd floor, Lillian Diedericks Building, 191 Govan Mbeki Avenue, Gqeberha, tel. 041 506 2383.

A person who delivers comments, objections or representations will be notified if a hearing is to be held in respect of the application.

Comments submitted after the said date will be considered invalid.

MISCELLANEOUS APPLICATIONS

TWO OR MORE APPLICATIONS RECEIVED I.R.O. THE FOLLOWING ERF

ERF 1, UITENHAGE (BAIRD STREET) (CF45/00001) (D du Plessis)

(i) Closure: The Council intends closing Portion of Erf 1, Uitenhage as shown on Plan no. U14A-X-6.

(ii) Subdivision 7689: The Council intends subdividing Portion of Erf 1, Uitenhage into Portion A, as shown on Plan no. U14A-X-6.

(iii) Town Planning Amendment (TPA 9890):The Council intends amending the Port Elizabeth Zoning Scheme by rezoning Portion A of Erf 1, Uitenhage from Transportation purposes to Special Industrial purposes to permit the property to be used for business purposes.

(iv) Sale: The Council also intends selling Portion A of Erf 1, Uitenhage, measuring 1010 m², as shown on Plan no. U14A-X-6, to the owner of abutting Erf 1, Uitenhage, who intends consolidating it with his property, subject to certain conditions. 

Details relating to these proposals are available at the Directorate: Human Settlements, second floor, Lillian Diedericks Building, Govan Mbeki Avenue, Gqeberha during normal office hours. Any objections to these proposals must be submitted in writing to the Executive Director: Human Settlements, PO Box 9, Gqeberha 6000 or via e-mail: dduplessis@mandelametro.gov.zaon or before 24 OCTOBER 2024.

APPLICATION IN TERMS OF SECTION 71 OF THE NELSON MANDELA BAY METROPOLITAN MUNICIPALITY SPATIAL PLANNING AND LAND USE MANAGEMENT BY-LAW, 2023 FOR:

ERF: The Remainder of Erven 1948 and 8218, Walmer

PHYSICAL ADDRESS: Phela-Kulu Street

APPLICANT: Nelson Mandela Bay Municipality on behalf of Nelson Mandela Bay Municipality 

Notice is hereby given that an application is made to the Nelson Mandela Bay Metropolitan Municipality for:

Remainder Erf 1948, Walmer

• Rezoning a portion of Remainder Erf 1948, Walmer, measuring ± 76 887 m2, from Undetermined Zone to Single Residential Zone 1, Open Space Zone 1 and Transportation Zone 1.
• Subdivision of Remainder Erf 1948, Walmer into 357 Single Residential Zone 1 portions, 1 Public Road portion and Public Open Space Zone 1.
• Town Planning Departure from the required 600 m² minimum erf size as provided for in terms of Regulation 71(7) of the Scheme.
• Town Planning Departure from the required 24 m² Open Space in respect of portions less than 250 m² as provided for in terms of Regulation 71(8)(c) of the Scheme.
• Town Planning Departure for building lines to permit the relaxation of the side building line from 1 m to 0 m on one side only.

Erf 8218, Walmer

• Closure of the Public Open Space on Erf 8218, Walmer as per Sections 54(1) & (2) of the Bylaw, measuring ± 3 097 m².
• Rezoning of Erf 8218, Walmer from an Open Space Zone 1 to Single Residential Zone 1 and Transport Zone 1.
• Subdivision of Erf 8218, Walmer into 18 Single Residential Zone 1 portions, and 1 Public Road portion (Road Remainder).
• Town Planning Departure from the required 600 m² minimum erf size as provided for in terms of Regulation 71(7) of the Scheme.
• Town Planning Departure from the required 24 m² Open Space in respect of portions less than 250 m² as provided for in terms of Regulation 71(8)(c) of the Scheme.
• Town Planning Departure for building lines to permit the relaxation of the side building line from 1 m to 0 m on one side only.

The detailed proposal may be requested from the applicant via e-mail, gsibiya@mandelametro.gov.za and adevries@mandelametro.gov.za.

Members of the public are invited to submit comments, objections or intervener status using the Comments & Objections Form in the SPLUMA Bylaw, with clear reasons in respect of the proposal, to the following:

1. The Applicant, 3rd floor, Lillian Diedericks Building, 191 Govan Mbeki Avenue, Gqeberha, 041 506 3422 & gsibiya@mandelametro.gov.za and adevries@mandelametro.gov.za, and a copy sent to:

2. The Executive Director: Human Settlements, PO Box 9, Gqeberha, 6000; c/o e-mail awilliams@mandelametro.gov.za on or before 9 OCTOBER 2024 (30 working days).

Persons with disabilities who are not able to e-mail, may contact Ms Williams at 2nd floor, Lillian Diedericks Building, 191 Govan Mbeki Avenue, Gqeberha, tel. 041 506 1813.

A person who delivers comments, objections or representations will be notified if a hearing is to be held in respect of the application.

Comments submitted after the said date will be considered invalid.