ANNEXURE 9 DRAFT GRANTS POLICY 2013/2014 Document Information and Revision Log File Name Draft Grants Policy Original Author (s) CoCT George van Schalkwyk Current Revision Author (s) George van Schalkwyk Next Review Date 19 April 2013 (Officials) 3 May 2013 (Finance Portfolio Committee) Version Date Authors Revision Notes 1 25 January 2013 1 Finance Portfolio Committee Workshop on Budget Related policies (Kristo Pienaar Centre) Draft 2 8 February 2013 ISL Workshop with Subcouncil Managers and other Officials (Parow Civic) Draft 2 3 1 March 2013 2 Finance Portfolio Committee Workshop on Budget Related policies (Parow Council Chamber) st nd Draft 3 Approval of Policy Please note that the implementation of the policy contained in this document is subject to approval and signing off by all relevant Heads and/or Committees, including but not limited to: Executive Director : Finance Portfolio Committee : Finance MAYCO Council 1 CITY of CAPE TOWN GRANTS POLICY CONTENTS PAGE Preamble Definitions Abbreviations and Acronyms INDEX 1. 2 3 3.1 3.2 3.3 3.4 4. 5. 6. 7. 7.1 7.2 8. 8.1 8.2 9. 10. Introduction Purpose Statutory provisions and compliance Approved budget for Grants Procedural and regulatory oversight Grants Committee Constitutional Powers and Functions VAT and SCM Organisations or bodies making application for Grants – Qualifying criteria and those organisations who may be considered for grant funding Projects and expenditure that cannot be funded by means of a Grant in terms of this Policy Other requirements Processing of applications and Grant approvals – Administrative, regulatory and approval processes Sub-council Grants Line Department Grants Processing of Grant payments Sub-council Grants Line Department Grants Utilisation of Grants – Control, monitoring and reporting – Sub-councils and Line Departments Status Reports, Audits and the City’s Annual Financial Statements 2 10.1 Reports to the Grants Committee 10.2 Reports to Council, Portfolio Committees and Subcouncils confirmation of outcomes 10.3 Internal Audit department 10.4 Auditor General’s office 10.5 Grants Footnote to Statement of Financial Position of the City’s Annual Financial Statements 11. Budget and Accounting requirements 12. Funding Acknowledgement and Intellectual Property Rights of the City ANNEXURES “A1” Grants Application form “A2” – Business and Project Plan “A3” – Expenditure Report “B” Memorandum of Agreement “C1” Project Qualifying Criteria in terms of Constitutional Competencies and any additional powers and functions assigned in terms of relevant legislation “C2” Section 156 and Schedules 4 and 5 Parts B of the Constitution “C3” Social Developmental and Early Childhood Developmental Programmes Implementation Protocol Commencement date – 1 December 2012 Termination Date: (a) six (6) months from the date on which a newly elected Council has approved the new Integrated Development Plan for the City or; 3 (b)the commencement date of a new Implementation Protocol, which ever shall come first. “C4” Implementation of Projects and Initiatives in Support of the City’s Arts and Culture Programmes – Implementation Protocol Commencement Date 7 November 2012 and Termination Date: (a) This Protocol commences on the commencement date and will remain in effect for a period of 3 years. “D” Responsibilities, Mandates and Terms of Reference of various officials and Grants Committee. “E” Documentation required by Expenditure Department (Accounts Payable) “F” Template - Section 67(4)(b)(ii) certificate for Auditor-General “G” Template Approval Process (TAP) “H” Template Self-Regulatory Process 4 PREAMBLE The City of Cape Town (the City), apart from entering into commercial and other business transactions or specific delivery agreements with organisations or bodies outside any sphere of government to deliver goods and services within its area of jurisdiction, also makes grants to such organisations or bodies to fund projects that benefit the community and, in partnership with the City, also utilise these grants to carry out projects that assist the City in realising its goals and objectives as set out in its IDP and strategies to be an opportunity, a safe, a caring, an inclusive and a well-run City. The projects and/or programmes supported by these grants assist the City in: Addressing the social developmental and early childhood developmental needs of communities as set out in the Social Development and Early Childhood Developmental Implementation Protocol (Annexure “C3”); Building and growing arts and culture within communities and involving youth in Arts and Culture programmes as set out in the Arts and Culture Implementation Protocol (Annexure “C4”); Promoting sports and recreation and the utilisation of local sports facilities; Ensuring the safety of the public when using the City’s beaches by supporting lifesaving clubs affiliated to Western Province Lifesaving; Fighting crime to ensure the safety and security of its citizens by supporting the establishment of neighbourhood watch services within communities; and, Pursuing its mandates and responsibilities relating to existing health situations in terms of the Health Act. The funds for such grants are provided on the City’s approved budget in terms of the Local Government: Municipal Finance Management Act, 56 of 2003 (MFMA) and in compliance with the provisions of the Constitution of the Republic of South Africa, Act 108 of 1996 (the Constitution) and other relevant 5 legislation. This Legislation, together with the need to ensure good governance, follow proper accounting practice and procedures and comply with National Treasury Regulations, prescribes the need to establish and implement an effective regulatory and procedural framework in order to ensure that the grants are not approved, processed and utilised in an irregular, fruitless and wasteful or unauthorised manner. The Grants Policy (“the/this Policy”) was drafted in order to ensure that all grants allocated in terms of this Policy are properly regulated, approved, processed and monitored, the application of sound financial management and internal control and the principles associated with good corporate governance. DEFINITIONS In this Policy unless the context indicates otherwise – “Accounting Officer” - means the municipal official referred to in section 60 of the Local Government: Municipal Finance Management Act, 56 of 2003 (MFMA) and includes a person acting as the accounting officer; “accounts payable” - means a division within the Expenditure Department of the Finance Directorate that processes all payments to outside organisations who either deliver goods and services to or receive grants from the City; “approved budget” means the City’s annual budget approved by the Council in terms of Section 24 of the MFMA and includes such an annual budget as revised by an adjustments budget in terms of Section 28 of the MFMA for each particular financial year; 6 “Budget Department” means the department in the City’s Finance Directorate responsible for the compilation, management and administration of the City’s budget and is an office established in terms of Section 80 (1) of the MFMA; “chief financial officer” (“CFO”) means a person designated in terms of section 80(2)(a) of the MFMA; “City Secretariat” means the secretariat responsible for the administrative functions of official Council meetings; “Commercial or other business transactions” means a contract or transaction entered into between the City and an outside contractor or vendor in terms of the City’s SCM Policy and Procedures for the supply of goods and/or services by the contractor or vendor; “community” means the residents of the City; “disclosure and declaration of interests - Councillors” means disclosures and declarations by Councillors as required in terms of Sections 5 and 7 of Schedule 1 – (Code of Conduct for Councillors) of the Local Government: Municipal Systems Act, 32 of 2000 (MSA); “Disclosure of benefits and declaration of interests – municipal staff members” means disclosure of benefits and declaration of interests by municipal staff members as required in terms Sections 5 and 5A of Schedule 2 of the Municipal Systems Act, Act 32 of 2000 – Code of Conduct for Municipal Staff Members 7 “Directorate” means one of the City’s directorates so designated – within the official organogram and which is managed by an official appointed in terms of Section 57 of the Local Government: Municipal Systems Act, 32 of 2000 (MSA). “Early Childhood Development (ECD) Facility” means any place, building or premises, including a private residence, maintained or used partly or exclusively, whether for profit or otherwise, for the reception, protection and temporary or partial care of more than six children that shall be registered with the WCG and be managed and maintained in terms of the Children’s Amendment Act, 41 of 2007; “Expenditure Department” - means the department in the City’s Finance Directorate responsible for the processing of all payments and administration of all expenditure in the City; “Finance Directorate” means the directorate of the City controlled and managed by the CFO; “finance manager” means the official in a Directorate or Line Department who is responsible for the financial management and administration of his/her directorate or department ; “grant” means a grant or allocation, as referred to in Section 17 (3)(j)(iv) of the MFMA, by the City to any organisation or body referred to in Section 67(1) and to be utilised to assist the City in fulfilling the Constitutional mandates including social developmental and arts and culture programmes as set out in the respective 8 Implementation Protocol agreements with the WCG (Annexures “C3” and “C4” refer) and as set out in Annexure “C1” of this Policy; “Implementation Protocol” means an agreement entered into between different organs of state in order to co-ordinate their actions in an appropriate manner and thereby creates the necessary capacity to ensure effective service delivery in respect of a statutory function; “Line Department” - means a department so designated within the City’s official organogram; “memorandum of agreement” (“MOA”) means the agreement entered into between the City and any organisation or body which receives a grant in terms of this Policy; “municipal account” - means the municipal services account rendered by the City in respect of property rates, service and user charges for services rendered ; “National Treasury” means a directorate of national government which manages the national economic policy, prepares the government’s annual budget and manages the government’s finances in the Finance Ministry; “Non-governmental Organisations” Means non-governmental organisations (NGO) that are legally constituted organisations created by national or legal people that operate independently from any form of government; 9 “Non-profit Organisation” means non-profit Organisations (NPO) registered in terms of Section 13 of the NPO Act, 71 of 1997, as provided for under Chapter 11 (Goods and Services) and the Municipal Supply Chain Management regulations of the MFMA;“other relevant policies” means other policies approved by the City and which contain provisions that may impact on the application of this Policy or are directly or indirectly linked; “project and/or programme” means, in the context of this Policy, a compliant and qualifying programme, enterprise, undertaking or activity that is focussed on achieving outcomes that benefit the City and its residents within the City’s area of jurisdiction; “project manager” means the official in a Line Department who is responsible for the management; administration, control, monitoring and reporting on projects or programmes funded by means of a grant allocated in terms of this Policy; “Secretariat” means the secretariat of the Grants Committee who is responsible for all the administrative functions relating to the Grants Committee; “section 67” means transfers of funds made in compliance with section 67 of the MFMA to an organisation or body outside any sphere of government otherwise than in compliance with a commercial or other business transaction; “Grants Committee” means the committee established in terms of clause 3.2.2 of this Policy; 10 “Grants Division” means a division of the Inter-Service Liaison Department of the Finance Directorate; “specific delivery agreement” means an agreement entered into between the City and a service provider to deliver goods and services of a specialised and unique nature and/or require specific expertise and special skills to produce, install and/or provide; “sports equipment” means any gear, apparatus and clothing required in order to participate in sporting and recreational activities and encourage the utilisation of local sports facilities; “sub-council” means one of the 24 metropolitan sub-councils as established in terms of section 62 of the Municipal Structures Act, 5 of 2000; “sub-council manager” - means the senior official appointed to manage a sub-council’s administration and is the project manager in respect of grant funds allocated by his/her sub-council in terms of this Policy; “the City” means the City of Cape Town; “the/this Policy” means the Grants “Treasury Department” means a department within the City’s Finance Directorate that is responsible for all its treasury and accounting functions and responsibilities and is an office established in terms of Section 80(1) of the MFMA; “VAT section” means a section of the Treasury Department of the Finance Directorate which is responsible for the administration of all VAT matters. 11 Policy; ABBREVIATIONS AND ACRONYMS AO The Accounting Officer or his/her nominee. The municipal manager of a municipality is the accounting officer of the municipality CBO Community Based Organisation CFO Chief Financial Officer or his/her nominee FSP First Screening Process IDP Integrated Development Plan MFMA Local Government: Municipal Finance Management Act, 56 of 2003 MOA Memorandum of Agreement MPRA Municipal Property Rates Act, 6 of 2004 MSA Local Government: Municipal Systems Act, 32 of 2000 NGO Non-Governmental Organisation NPO Non-profit Organisation SCM Supply Chain Management SLA Service Level Agreement SSP Second Screening Process TAP Template Approval Process WCG Western Cape Government 12 13 THE GRANTS POLICY 1. Introduction 1.1 Grants in terms of this Policy, are allocations of funds, from the City’s approved budget, to organisations or bodies outside any sphere of government. These allocations are gratuitous or unrequited transfers by the City to the grantee organisations and are not payments made in compliance with any commercial or other business transaction or other transfers, or grants, made in terms of other policies of the City. 2. Purpose 2.1 These grants provide organisations or bodies with funds for carrying out projects and/or programmes which assist the City in exercising certain of its legislative obligations and Constitutional mandates. Grants, in terms of this Policy, are, similarly, made to organisations or bodies in terms of Implementation Protocol Agreements (Refer Annexures “C3” and “C4”) entered into between the provincial government of the Western Cape and the City. 2.2 These grants are also aimed at funding projects and/or programmes that complement the strategic goals or focus areas (the 5 pillars) and objectives of the IDP of the City in order to create a sustainable, credible and caring City by establishing partnerships and enabling environments to empower and build communities, promote social and early childhood development and arts and culture and enhance growth, create job opportunities and promote safety and security for all. 14 3. Statutory provisions and compliance 3.1 Approved budget for Grants allocated in terms of this Policy 3.1.1 Section 16(2) of the MFMA provides that a mayor of a municipality must table the annual budget at a Council meeting at least 90 days before the start of a budget year. Section 17(3)(j)(iv) provides that when an annual budget is tabled in terms of section 16(2) it must include particulars of any proposed allocations or grants to any organisation or body referred to in section 67. National Treasury Circular number 51 dated 19 February 2010 confirms that any allocations or grants made to organisations or bodies that are not reflected in a municipality’s budget or adjustment budget must be regarded as unauthorised expenditure because they are grants by the City otherwise than in accordance with the provisions of Section 17(3)(j). 3.1.2 The tabling of the annual budget is followed by a public participation process inviting input and/or comment on the tabled budget before the budget is approved by Council in terms of Section 24 of the MFMA. 3.2 Procedural and regulatory oversight and Committee the Grants 3.2.1 Section 67 of the MFMA requires the City to implement and sustain proper and effective controls and procedures when transferring funds of the City to an organisation or body outside any sphere of government. Compliance with the regulatory and control measures as set out in Section 67(1) must be enforced by the AO through contractual and other appropriate measures in terms of Section 67(3). 15 3.2.2 This regulatory process will receive oversight from a Grants Committee (“the Committee”). The members of the Committee shall be officials of the City appointed by the CFO. The Committee will have broad representation by including officials from various functional areas in the City as members and will be chaired by the CFO or his/her nominee. This policy, and its associated procedures, are aligned to the annual budget process, GRAP accounting standards, VAT legislation and administration, financial and internal control requirements of the Treasury Department and the SCM processes as administered by the SCM Department through its application of the SCM Policy and procedures and the municipal SCM regulations in the MFMA. 3.2.2.1 The Committee will administer, co-ordinate and control the Second Screening Process (SSP) in respect of applications recommended by line departments and subcouncils. The Committee must ensure that each of the recommended grants complies with all the provisions contained in this Policy, the Constitution and relevant legislation, Implementation Protocol Agreement and other policies of the City where applicable. The Committee is mandated to either support or not support a recommendation received from a subcouncil or a line department dependent upon the outcome of its assessment of the grant proposal or recommendation. 3.2.2.2 The Committee must be satisfied that the business and project plan were properly scrutinised and verified for completeness, compliancy and accuracy at the FSP to ensure that the organisation or body making application for a grant has the capacity and has agreed to comply with the requirements of section 67(1)(a) of the MFMA or, in the case of an organisation or body which receives a grant that does not exceed the prescribed limit (currently R25 000) set in terms of section 67(4), is satisfied that the organisation 16 or body has the capacity and has agreed to comply with the requirements and controls of this Policy. The Committee must also confirm that the project and subcouncil managers shall ensure compliance with section 67(4)(b) as set out under paragraphs 8.1.1.4, 8.2.1.4 and 9.2 of this Policy. 3.2.2.3 The Committee must also ensure compliance with section 67(1)(b) and take note of where an organisation failed to comply with the requirements of section 67(1) of the MFMA in respect of a previous transfer in which case a further transfer, as per section 67(1)(c), may be made to that organisation and provided that the requirements of section 67(2) are complied with. 3.2.3 Self-regulatory Process:The self-regulatory process (SRP) may be used by a line department to submit grant proposals to the Committee for consideration at the SSP before submission of grant reports to the relevant Portfolio Committee and Council for approval. The Finance and Project Managers of the relevant line department are required to complete and sign off the standard section 67 Grants SRP template (Annexure”H”) for submission to and consideration by the Committee at the SSP. The completed and signed template confirms to the Grants Committee that: the Line Department and relevant Councillors have met with the beneficiary organisation to discuss the proposed project(s) at a FSP in order to achieve mutual understanding in respect of the requirements of this Policy; the line department has appropriate regulatory, monitoring, reporting, and administrative procedures in place to ensure effective accountability; and, accurate records will be kept to confirm proper and authorised utilisation of the City’s funds by the beneficiary organisation in terms of the MOA. 17 3.2.3.1 The utilisation of this specific process, aligned to the regulatory processes in this Policy, does not, however, relieve the Line Department from complying with the requirements of paragraphs 9, 10.1 and 10.2 of this Policy, any legal and statutory determinations by the Legal Services Department, the City’s SCM Policy and procedures as applied by the SCM Department and the relevant provisions as contained in the VAT Act, 89 of 1991 (“the VAT Act”), as interpreted and applied by the VAT Section. 3.2.3.2 This process only applies where grants are allocated in terms of this Policy. It therefore does not apply to any allocation of funds for projects and expenditure listed as exclusions under paragraphs 5.1 and 5.2 of this Policy. These either represent projects or expenditure that, will not qualify for grant funding under this Policy, or, are administered and regulated in terms of other specific policies and procedures that shall at least include similar monitoring requirements, controls and reports as reflected under paragraphs 9 and 10.2 of this Policy. Apart from consultation with the Legal Services Department in terms of legal compliance, the VAT Section and the SCM Department shall be consulted before allocations processed in terms of the SRP are submitted to the relevant Portfolio Committees and to Council for consideration in order to ensure that the relevant empowering legislation and/or policies and procedures are being complied with. 18 3.3 Constitutional powers and functions and Implementation Protocols 3.3.1 In terms of section 156 of the Constitution, the City has executive authority in respect of and the right to administer the local government matters as listed in parts B of schedules 4 and 5 (Annexure “C2” refers) and any other matter assigned to it by national or provincial legislation. Annexure “C1” reflects the project qualifying criteria utilised to assess compliance with these requirements and provisions. 3.3.2 Social Development and Early Childhood Developmental Implementation Protocol (Annexure “C3”) This is an agreement entered into between the Provincial government of the Western Cape and the City in order for the City to address the social developmental needs of communities. 3.3.3 Arts and Culture Implementation Protocol (Annexure “C4”) This is an agreement entered into between the Provincial government of the Western Cape and the City in order for the City to build and grow arts and culture within communities and involving youth in Arts and Culture Programmes. 3.4 VAT and SCM 3.4.1 In determining that the payment is in terms of this policy, such payment will, in terms of the VAT Act, be deemed zero rated if it’s made to a registered Welfare Organisation as defined in sections 30(1) and 30(3) of the Income Tax Act, 58 of 1962 (“the Income Tax Act”). Payments made to other organisations/bodies that are VAT vendors can also be deemed a zero rated grant, provided that the grant paid to or on behalf of that vendor is in the course or furtherance of 19 an enterprise carried on by that vendor. All other payments to non-VAT vendors will not be seen as a grant in terms of the VAT Act but a transfer payment made in compliance with Section 67. All VAT and non-VAT vendors must be registered on the City’s SAP Vendor Data Base which forms part of the SCM process. 3.4.2 The appointment of outside contractors to perform functions and deliver goods and services that are normally performed and delivered by the City’s line departments should be undertaken by the line departments utilising funds provided for such functions or for the delivery of goods and services on their approved operating budgets. Line departments also utilise funds allocated and transferred by the various subcouncils, from their ward allocations, to the relevant line departments to appoint contractors to perform such functions and deliver goods and services. All appointments of contractors shall be made in terms of the City’s SCM Policy and procedures as applied and interpreted by the SCM Department and such appointments shall be regulated and managed as commercial or business transactions. Grants allocated in terms of this Policy may not be utilised to fund such expenditure. Line Departments may, apart from appointing contractors in terms of the SCM Policy, also utilise Specific Delivery Agreements entered into with certain service providers to carry out projects for the delivery of goods and services. Such projects or deliverables are funded directly by the respective departments utilising their approved budget and not by means of grants allocated in terms of this Policy. The goods and services provided should be of such a nature that they can only be effectively delivered by a specialist organisation. Line Departments utilising this delivery model shall be identified 20 under paragraph 5.2 below confirming that these transfers of funds are not Grants allocated in terms of this Policy. These departments should draft appropriate and specific policies and procedures that make provision for an effective regulatory and administrative framework in order to ensure compliance with all relevant legislation, including the requirements of section 67 of the MFMA, and applicable Council policies. These specific policies should however, at least, include similar monitoring requirements, controls and reports as reflected under paragraphs 9 and 10.2 of this Policy. 4 Organisations or bodies making application for grants in terms of this Policy – specific qualifying criteria. Applicants, who apply for grants in terms of this Policy in order to carry out projects and/or programmes that meet the project qualifying criteria as set out in Annexures “C1” and “C2”, which includes programmes identified in Annexures “C3 and C4” in terms of the Implementation Protocol agreements with provincial government of the Western Cape, , shall either be one or more of the following: 4.1 a registered welfare organisation being a public benefit organisation as contemplated in the definition of public benefit organisations in sections 30(1) and 30(3) of the Income Tax Act; or, 4.2 a NPO registered as such in terms of section 13 of the NonProfit Organisations Act, 71 of 1997; or, 4.3 a company incorporated in terms of section 21 of the Companies Act, 71 of 2008, or a Non Profit Company as defined in that Act; or, 4.4 an ECD site or child care and development facility such as a crèche, day care or educare centre that is duly registered with the Department of Social Services of the WCG as a 21 place of care in terms of the Children’s Amendment Act, 41 of 2007; or, 4.5 an old age home registered with the Department of Social Services: Western Cape in terms of the Older Persons Act, 13 of 2006 provided the grant is to be used for the promotion of sport and utilisation of sports facilities, or where the old age home utilises the grant to provide a service to the community in respect of poverty alleviation projects ; or, 4.6 any religious institution or body of a public character; or, 4.7 any school, where grants may only be allocated and used to provide and/or maintain their own sports facilities and/or acquire sports equipment in order to promote access to sporting activities and the utilisation of such sports facilities thereby assisting the City in pursuing its broader developmental and municipal health mandates in respect of the youth; or, 4.8 any amateur sports club, association or group which actively promotes the utilisation and provision of sport facilities, and the repairs and maintenance thereof and/or provides sports equipment thereby assisting the City in pursuing its broader mandates in terms of promoting community and municipal health provided that membership of such an organisation is not exclusive; or, 4.9 life saving clubs affiliated with Western Province Life Saving and who assist the City in its endeavours to ensure the safety of the public when using the City’s beaches. 22 5. Projects, programmes and expenditure that cannot be funded by means of a grant allocated in terms of this Policy 5.1 The following, being either, projects, activities, programmes or types of expenditure, will not qualify for grant funding in terms of this Policy:- 5.1.1 bursaries of any kind; or, 5.1.2 disaster management and relief; or, 5.1.3 donation of assets, moveable or immovable; or, 5.1.4 public functions , conferences and seminars of any kind; or, 5.1.5 rewards and awards; or, 5.1.6 sponsorships, of any kind, as defined in and regulated by other policies of the City; or, 5.1.7 luncheons, dinners, parties and functions of any kind; or, 5.1.8 festivals and markets of any kind; or, 5.1.9 if not aligned to the priorities, strategies and objectives as set out in the City’s IDP; or, 5.1.10 retrospective funding of expenditure that has already been incurred or to fund any over expenditure that may be incurred on an approved grant project; or, 5.1.11 where only an individual will benefit; or, 5.1.12 which are to be carried out beyond the City’s area of jurisdiction unless a clear and compelling benefit to the City and its residents can be demonstrated; or, 5.1.13 for the benefit of any particular political party, organisation, group grouping or affiliation; or, 23 5.1.14 subsidisation or funding of municipal rates, tariffs, service or user charges; or, 5.1.15 the funding of any expenditure relating to or associated with the operation of special rating areas established in terms of the MPRA; or, 5.1.16 funding any organisation’s or body’s normal operational expenditure including employee costs or any expenditure required to establish an organisation or to make it viable; or, 5.1.17 any commercial or other business transactions entered into between the City and outside contractors or suppliers, in terms of the City’s SCM Policy for the supply of goods or services; or, 5.1.18 any undertaking or enterprise operating as a business for profit or gain except in the case of an ECD site or child care facility referred to in paragraph 4.5 above; or, 5.1.19 grants to civic or ratepayers associations. 5.2 This Policy does also not apply to the following which are either processed and regulated in terms of other polices of the City or are administered and regulated in terms of other empowering legislation, are considered to be commercial or business transactions, or are transfers made in terms of Specific Delivery Agreements referred to in paragraph 3.4.2.1 as utilised by certain Line Departments:- 5.2.1 housing billing subsidies; or, 5.2.2 housing development subsidies; or, 5.2.3 indigent grants and rates rebates; or, 5.2.4 inter-governmental grants; or, 5.2.5 grants to other municipalities; or, 24 5.2.6 grants to other organs of state; or, 5.2.7 grants to municipal entities; or, 5.2.8 allocations by the Sports and Recreation Department, in terms of special delivery agreements to fund municipal delivery partnerships utilised to regulate the funding of “caretaker allocations”, municipal facility management committees and district sports councils and annual allocations to the Western Province Life Saving Association. The provisions for these allocations are made on the approved operating budget of that department under the relevant GL accounts and not 457100; or, 5.2.9 allocations in terms of environmental or heritage management and/or conservation special delivery agreements entered into by the Environmental Resource Management Department with other organs of state and non-governmental organisations which are registered NPO’s or section 21 companies. The provisions for these allocations are made on the approved operating budget of that department under the relevant GL accounts and not 457100; or, 5.2.10 provision of capital infrastructure and the erection of buildings or the extension of or alterations to buildings on property either belonging to the City or property belonging to the organisation or body making application for a grant in terms of this Policy or to property being leased by such organisation and body from another party; or, 5.2.11 repairs and maintenance to Council owned facilities, buildings or properties utilised by organisations either in terms of a lease agreement with the City, or hired at the applicable tariff in terms of its tariff policies; or, 25 6. 5.2.12 funds established and operated by the City in terms of section 12 of the MFMA; or, 5.2.13 events of any kind, including the marketing thereof, which include sporting and cultural events, concerts, shows and/or exhibitions and “indabas”; or, 5.2.14 the promotion of tourism or destination marketing; or, 5.2.15 the promotion of economic development including creating of an enabling environment for such development. Other requirements 6.1 Applications for grant funding in terms of this Policy shall only be considered where organisations or bodies have responded to advertisements published in the local press. All grant applications received in response to the advertisement must be processed and be submitted to Council for consideration. The need to process grant applications in an organised and timeous manner is dictated by the provisions of section 17(3)(j)(iv) of the MFMA which section provides that the annual budget tabled at Council at least 90 days before the start of the budget year (section 16(2)) must be accompanied by particulars of any proposed allocations or grants by the City to any organisations or bodies referred to in section 67. The City may however consider grant applications during a financial year, as and when these are received, and such applications shall also be processed in terms of this Policy. Such requests, being exceptions to the norm, shall be processed as adjustments to the approved operating budget as regulated by section 28 of the MFMA and as provided for under paragraph 3.1.1 above. Any adjustments to the approved budget must be contained within the total approved budget for ward allocations (operating) in the case of sub-councils and the 26 total approved budget (operating) for each department in the case of a line department. 6.1.1. All applications must be submitted by organisations or bodies using the standardised application form and business and project plan (Annexure ”A” and Appendix “A”). All applications and business and project plans must be fully and properly completed. No late applications received in response to an advertisement by either the sub-council manager or project manager after the advertised closing date, may be considered and processed. 6.1.2 The organisation must also be up to date with its municipal account(s), where applicable, by either settling any arrears or amounts outstanding in full or making the necessary payment arrangements, as agreed with and applied by the City’s Revenue Department, in terms of the City’s Credit Control and Debt Collection Policy before an application/or a grant can be fully processed. 6.1.3 The organisation must also be up to date with any lease rental and services charges where it is leasing property from the City before a grant shall be processed. No grant funds shall be allocated to any organisation if, apart from the need to comply with this Policy, it is precluded from carrying out the particular project, for which it requires grants, on the property leased from the City in terms of the lease agreement. 6.1.4 The owner of a property that is leased to an organisation applying for a grant must be up to date with his/her municipal account before the grant can be processed. The organisation should also ascertain from the City that it may, in terms of other relevant legislation and policies, utilise the property for the purpose for which it requires the grant. The lease agreement with the lessor must also be taken into account in order to ensure the City’s funds are not paid over 27 at risk should the lease agreement in any way serve to curtail an organisation’s ability to perform specifically as stipulated in the MOA entered into with the City when accessing the grant. 6.2 A grant shall only be paid over to an organisation after all of the above has been complied with, the Council has approved the grant and the MOA has been signed. 6.2.1 Approved grants may be paid over as a single payment or in tranches as determined or required dependent upon the nature and/or progress of the project. The disbursement of the grant, by way of progress payments, must be arranged, in advance, with the Expenditure Department (Accounts Payable), by the sub-council or project manager. The full amount of the approved grant must be disbursed in the financial year that co-incides with the relevant approved budgets. 6.2.2 Unexpended grant funds, as reflected on the operating budgets of subcouncils and line departments, in any financial year, may not be carried over into any ensuing financial year. 6.2.3 All organisations or bodies making application for grants must register as vendors on the City’s SAP Vendor Data Base in terms of the City’s SCM policy and procedures. Such SCM vendor registration process includes the submission of an original and up to date tax clearance certificate issued by SARS. A vendor who is registered for VAT purposes must also submit a zero rated VAT invoice when applying for registration as a vendor on the SCM database. 6.3 The organisation or body shall commence the project within 6 (six) months after the grant funds are deposited into its bank account by EFT failing which all such grant funds must immediately be refunded to the City together with any interest that may have accrued thereon in terms of clause 28 8.9 of the MOA. The MOA will be cancelled in terms of clause 18 thereof and the grant, together with any accrued interest, shall be immediately repaid to the City. Should this not occur within 30 calendar days of the organisation receiving a written notice from the City, the subcouncil or project manager shall refer the matter, together with all the relevant details, to the Finance Directorate’s Revenue Department who shall pursue recovery of any amounts due to the City in terms of clause 18 of the MOA. 7. Processing of applications and grant approvals administrative, regulatory and approval processes. – 7.1 Subcouncil grants. 7.1.1 First Screening Process (FSP) 7.1.1.1 The Grants Division, shall, in conjunction with the relevant subcouncil manager and ward councillors, carry out a FSP of all grant applications received by the advertised closing date. The FSP shall be chaired by the subcouncil manager. All Councillors of the particular subcouncil are welcome to attend the FSP. All applications must be delivered or posted to the offices of the subcouncil manager and no applications may be delivered to or be accepted by any Councillor. The subcouncil manager shall ensure that the following requirements and/or procedures are adhered to or implemented during the FSP: The date of receipt of the application must be confirmed by the subcouncil manager who shall date stamp and sign the application in the section reserved for official purposes on the application form. 29 No late applications received after due date shall be tabled at the FSP or be processed or considered. All the applications must be properly listed and detailed on the latest version of the standard TAP template Annexure “G” by the subcouncil manager. This template together with all the applications, business and project plans and other relevant documentation must be made available at the FSP. The FSP must be used to assess the applications according to the criteria set out in this Policy and detailed in the application form and business and project plan. It must ensure that the funding is required for viable and sustainable projects as detailed in the business and project plans which form part of the standardised application forms. It ascertains that the project will be completed with the available funds and that there is sufficient evidence that proper financial control will be exercised, by the organisations, over the utilisation of funds transferred by the City. The process also includes the verification of the status of the municipal account (where applicable). The TAP Template must be fully completed and all decisions taken and actions required to be undertaken or implemented by the Sub-council manager shall be properly recorded in the official minutes of the FSP. These minutes must reflect the 30 details and results of the assessment process in respect of the applications being considered. The FSP is not an official committee meeting but an administrative process that is chaired by the subcouncil manager and therefore no grants applications can be recommended at such FSP as only the subcouncil, in committee, may recommend grants. In view of the fact that the FSP is not an official committee meeting any declaration or disclosure of interests by any councillor at such FSP in terms of the requirements of sections 5 and 7 of Schedule 1 of the Code of Conduct for Councillors in the MSA must be recorded in the minutes of the FSP. The subcouncil at its meeting after the FSP, where it considers which grant recommendations it wishes to make, must be informed by the subcouncil manager of disclosures or declarations of interests made by a councillor(s) at the FSP. Any declaration or disclosure of interests made by a councillor(s) at the FSP must then be addressed by the subcouncil in terms of Schedule 1 of the MSA, the Code of Conduct for Councillors. The FSP, in addition to ensuring that all grant applications and relevant documentation have been submitted timeously and have been properly completed, also serves as an information gathering exercise that provides the Councillors and officials with information 31 that will guide and assist in ensuring that only those applications that have been received by due date, that have been fully and properly completed and that detail projects and/or programmes which meet the requirements of this Policy, and other relevant policies of the City, receive further consideration at the sub-council meetings where the grant applications are considered and recommended to Council for consideration. 7.1.1.2 The FSP is mandatory and both the Budget Department and the Grants Division will not process or submit to the Grants Committee any grant recommendations from subcouncils if the FSP has not taken place and the minutes have not been completed, verified and signed off. 7.1.2 Sub-councils - recommendations on grant funding proposals 7.1.2.1 All the grant applications, scheduled for the FSP, must be submitted to a meeting of the sub-council by the sub-council manager utilising the TAP template. The subcouncil’s decision, submitted to the Budget Department and the Grants Division, should reflect details of the grants recommended to Council. The subcouncil manager must also confirm with the VAT Section whether there are any VAT implications in respect of the grants recommended by the Subcouncil and, if there are, what actions need to be carried out in order to properly account for VAT. 32 7.1.3 Processing of Sub-council recommendations 7.1.3.1 The sub-council manager completes the TAP template by including all the details of the organisations recommended, by the subcouncil, to receive grant allocations. The TAP template must be fully completed and will be checked and verified by the Grants Division before submission to the Committee in order for it to carry out the SSP. The decision by the Committee to support various grants is reported to MayCo and the details of the grants supported by the Committee are communicated to the Budget Department by the Section 67 Grants Division. The Budget Department will then carry out the necessary actions to update the budget details in either the tabled annual budget in March, the annual budget submitted to Council for approval in May or during the new Financial year as reports are submitted to Council with the grant details relating to globular amounts reflected in the approved budget. 7.1.4 Second Screening Process subcouncil recommendations 7.1.4.1 Grants Committee – Second Screening Process (SSP) (SSP) considering The Committee meets to conduct the SSP to consider the fully completed TAP reflecting all grants recommended by the subcouncil. The Committee will consider all the details reflected on the completed TAP and any additional information provided by the Grants Division and individual members. It will then consider whether the grants as recommended can be supported or not depending upon whether or not the 33 projects and organisations are compliant and qualify with or in terms of the requirements of this Policy, other relevant policies and applicable legislation. 7.1.4.3 Where the Committee decides not to support any grant recommendations the Grant Division will inform the particular subcouncil(s) accordingly and request it/them to re-consider or re-confirm its/their recommendations. Should a subcouncil decide to reconfirm its original decision, notwithstanding the reasons provided by the Committee for not supporting the grant(s), the Committee will then request the Grants Division to submit a report to MayCo providing its reasons for not supporting the grant and request Council to make a decision whether it makes to approve the grant(s) as recommended by the subcouncil notwithstanding the reasons provided by the Committee. 7.1.4.4 MayCo and Council – report on recommendations The Grants Secretariat drafts a report to MayCo and Council which provides details of all grants recommended and confirms the Committee’s decisions to support the grants as detailed on TAP which is signed off by the Chairperson of the Committee. The report is initialled by the Budget Department and signed off by the CFO or his/her nominee before being submitted to the Legal Services Department for confirmation of legal compliance. . It is then submitted by the Secretariat to MayCo and Council for consideration. 34 7.1.5 Council and Expenditure Department (Accounts Payable) – approval and payment of subcouncil grants 7.1.5.1 The subcouncil manager shall only arrange for the MOA to be signed after Council has considered and approved the grants and the subcouncil manager has again confirmed that the organisation or body is up to date with its municipal account, where applicable, as provided for under paragraph 6.2 above. A MOA may however only be signed by the parties on or after 1 July of a particular financial year notwithstanding the fact that Council has approved the annual Budget for that year and, consequently, any grant included therein, in the previous financial year (usually by end of May of that year). 7.1.5.2 The subcouncil manager shall attach the relevant Council resolution and signed TAP from the Council report together with all other relevant documents, as required by Accounts Payable and as set out in Annexure “E”, to his/her request for payment of the grant and shall check and clear his/her relevant SAP workflow message inbox each day to ensure that all requests for release of payments of grants are responded to and processed promptly. 7.2 Line Department grants 7.2.1 First Screening Process (FSP) 7.2.1.1 The relevant line department’s project manager, finance manager and director in conjunction with other relevant officials, shall carry out a first screening of all grant applications received. The FSP must assess the applications according to the criteria contained in this Policy. This should ensure that the grant funding is for viable projects as detailed in the business and project plans which form part of the standardised application forms, that the projects are sustainable, 35 will be completed with the available funds and there is sufficient evidence that proper financial control will be exercised over the grant funds. 7.2.1.2 7.2.1.3 The FSP shall also confirm that the municipal accounts, where applicable, are up to date as provided for under paragraph 6.2. The project manager must keep proper minutes of each FSP. These minutes shall reflect the details and results of the assessment process and shall also include disclosure of any interests and benefits of municipal staff members in terms of Sections 5 and 5A of Schedule 2 of the MSA. of any of the officials present at the FSP in respect of the applications being considered. Disclosures should be recorded on a declaration template and be evaluated by a supervisor to assess if any further action is required. These templates must be signed off by the supervisor and details recorded in a disclosure of interest register. The FSP is not a process to either recommend or to approve any grant application. It is an administrative procedure and information gathering forum that provides project and finance managers with information that will guide and assist them in ensuring that only those applications that are properly and fully completed and those proposed projects that meet the requirements of this Policy, other relevant policies of the City and relevant legislation, should receive further consideration. The FSP is mandatory and the Grants Division will not process any submissions received from line departments if project managers have not confirmed on the TAP template that the process has taken place in terms of the requirements of this Policy. 36 7.2.2 Project managers and finance managers – reports and complete documentation 7.2.2.1 The project manager, together with the relevant finance manager, prepares reports to the relevant Portfolio Committee recommending the grants, as considered at the FSP, to be allocated to various organisations. These reports must be accompanied by duly completed TAP template when tabled at the Portfolio Committee. 7.2.2.2 Supply Chain Management (SCM) Department Project managers must ensure that no grants are allocated in terms of this Policy to any projects and/or programmes which are normal line department functions that should be carried out by line departments as outlined in paragraph 3.4.2. 7.2.2.3 Grants Committee – (SSP) The Secretariat arranges meetings of the Committee in order that it can consider the reports and various grant proposals as recommended by the line department. The Committee need only consider the detailed reports submitted to Portfolio Committees if the line department has not utilised the SRP as set out in paragraph 3.2.3 above. The relevant finance manager and project manager shall attend the SSP meeting of the Committee when the item is considered in order for the Committee to obtain further information and more clarity as deemed necessary. 7.2.2.2 Treasury Department (VAT Section) 37 The project and/or finance managers of the Line Department will communicate with the officials of the Treasury Department (VAT Section) to verify whether there are any VAT implications, in terms of the VAT Act The VAT Section will advise what steps must be followed by the project and/or finance managers in order to accommodate such implications. 7.2.3 Line Departments reports - Portfolio Committees, MayCo and Council The TAP as signed off by the chairperson of the Committee is then attached to the report to the Portfolio Committee and Council by the Line Department to confirm the decision of the Committee. The relevant Line Department’s Director signs the report and it is submitted to the CFO or nominee and Legal Services Department by the Line Department for final signing off before being submitted to the relevant Portfolio Committee, MayCo and Council. 7.2.4 Council and Expenditure Department (Accounts Payable) – approval and payment of line department grants 7.2.4.1 The project manager shall only arrange for the MOA to be signed after Council has considered and approved the grants and the project manager has again confirmed that the organisation or body is up to date with its municipal account, where applicable, as provided for under paragraph 6.2 above. A MOA may however only be signed by the parties on or after 1 July of a particular financial year notwithstanding the fact that Council has approved the annual Budget for that year and, consequently, any grant 38 included therein, in the previous financial year (usually by end of May of that year). 8. Processing of grant payments 8.1 Subcouncil grants 8.1.1 Subcouncil managers and the Expenditure Department (Accounts Payable) – proper and complete documentation and processing of grant payments 8.1.1.1 Subcouncil managers shall only inform the successful applicants, in writing, of Council’s decision once Council has considered and approved the various section 67 grants as recommended by MayCo. 8.1.1.2 The subcouncil manager arranges for the MOA, Annexure “B”, to be signed by the organisation, provided that the municipal account, where applicable, is up to date as provided for under paragraph 6.2. The MOA may only be signed by the parties on/or after 1 July of any particular financial year as provided for under paragraph 7.1.5 above. 8.1.1.3 The MOA, together with all the relevant documentation as required by the Expenditure Department (Accounts Payable) as per Annexure “E”, is processed by that department who will deposit the grant amount into the organisation’s bank account by means of an electronic funds transfer after the subcouncil manager has processed the release for payment in SAP. 8.1.1.4 Subcouncil managers shall also inform the unsuccessful applicants, in writing, that their grant applications were not successful, and provide reasons why. 39 8.1.1.5 Subcouncil managers must complete Annexure “F” and submit it to the Auditor-General for all grants of R25, 000 or less. 8.2 Line Department grants 8.2.1 Line Department project and finance managers and the Expenditure Department (Accounts Payable) – proper and complete documentation and processing of grant payments. 8.2.1.1 Project managers shall only inform the successful applicants, in writing, of Council’s decision once Council has considered and approved the various section 67 grants. 8.2.1.2 The project manager arranges for the MOA, Annexure “B”, to be signed by the organisation when the grant is approved provided the municipal account, where applicable, is up to date as provided for in paragraph 6.2. The MOA may only be signed by the parties on/or after 1 July of any particular financial year as provided for under paragraph 7.2.4 above. 8.2.1.3 The MOA together with all relevant documentation as required by the Expenditure Department (Accounts Payable) is processed by that department who will deposit the grant amount into the organisation’s bank account by means of an electronic funds transfer after the relevant Line Department has processed the release for payment in SAP. 8.2.1.4 Project managers shall also inform the unsuccessful applicants, in writing, that their grant applications were unsuccessful and provide reasons why. 40 8.2.1.5 9. Project manager must complete Annexure “F” and submit it to the Auditor-General for all grants of R25, 000 or less. Utilisation of grants – control, monitoring, reporting and recovery of grant funds - Sub-councils and Line Departments. 9.1 Sub-council and project managers shall ensure that those organisations or bodies who have received grants in terms of this policy:9.1.1 comply with all the provisions of the completed and signed MOA; 9.1.2 execute their projects successfully and achieve the clearly defined outputs and targets and realise community developmental outcomes. 9.1.2.1 The outputs should confirm that the grant funds have been properly utilised in terms of the details reflected in the approved business plan and whether the targets indicated therein have been effectively achieved. 9.1.2.2 The outcomes should be determined and assessed depending upon the actual benefits that have accrued to the target community over the long term and should confirm that the goods and/or services provided with the grant funds and delivered to the target beneficiaries have added value and led to an improvement in their living conditions. 9.1.3 comply with all reporting, financial management and auditing requirements as stipulated in the MOA; 9.1.4 implement effective, efficient and transparent financial management as well as internal control systems to guard against financial misconduct; 41 9.1.5 report at least monthly to the sub-council or project manager on actual expenditure against such transfer; 9.1.6 promptly, or no longer than 3 months after the end of their financial year, submit their audited financial statements (where applicable) to the sub-council manager; and, 9.1.7 provide details of all assets and inventory items acquired with grant funds and that the subcouncil and project manager keep an inventory record of such items and annually, for a period of 3 years, confirm in writing with the organisation that the items are still being utilised by the organisation for the purpose acquired. 9.2 The requirements in paragraphs 9.1.3 and 9.1.6 above do not apply to organisations where the transfer does not exceed the prescribed limit (to be prescribed by regulation in terms of section 67(4)(a) of the MFMA). The prescribed limit is currently R25, 000. This amount was approved by Council, at the request of National Treasury, and may be reviewed from time to time. The sub-council and project manager shall, in terms of Section 67(4)(b)(i), take all reasonable steps to ensure that the targeted beneficiaries, as identified by the organisation or body in their application, receive the benefit of such grants. 9.3 Should an organisation not comply with the requirements in paragraphs 9.1.1 to 9.1.6, except in the case where paragraphs 9.1.3 and 9.1.6 are not applicable, it is in breach of the MOA and the sub-council or project managers shall communicate in writing with such organisation in terms of clause 18 of the MOA. The matter, together with all relevant details will be referred to the Finance Directorate’s Revenue Department, in order to recover the grant funds and any interest where applicable and cancel the MOA in terms of clause 18.3, should the organisation not implement applicable remedial action in terms of the MOA. 42 10. 10.1 Status reports, audits and financial statements Reports to the Committee The Grants Division shall prepare monthly status reports on grants of subcouncils. Such reports shall be submitted to the Committee and subcouncil managers for information and/or action where relevant. Quarterly status reports in respect of line department grants, allocated in terms of this Policy, shall be compiled by the relevant project and finance manager of each Line Department and be submitted to the Committee. 10.2 Reports to Council 10.2.1 Subcouncil and project managers shall, in addition to the required actions prescribed under paragraphs 9 and 10.1, submit quarterly reports to Council on the status and outputs as defined under paragraph 9.1.2.1 of all projects carried out with grant funding allocated in terms of this Policy where such allocation, per project per organisation, exceeded R200 000 in any financial year. On completion of such projects a final report shall be submitted to Council confirming that the project was successfully completed, that the outputs or targets, as originally submitted and as set out in the business and project plan Annexure “A”, were effectively realised and achieved and that all the grant funds were utilised. This final report will also confirm whether any of the grants funds were not utilised by the organisation and that such amounts, together with any interest thereon, where applicable, shall be recovered by the sub-council or project manager as provided for in clause 8.6 of the MOA. 10.2.2 Similar quarterly reports for projects equal to or less than R200 000 shall, respectively, be submitted by subcouncil managers and line department” project managers to their subcouncils and Portfolio Committees. 43 10.3 Internal Audit Department The Grants Division assists the City’s Internal Audit Department when it conducts audits on grants to the extent of providing it, on written request, with copies of any relevant supporting documentation such as TAPs, agendas and minutes of the Committee meetings as well as Council resolutions as evidence of procedural governance and proper oversight. The Internal Audit Department needs to communicate directly with subcouncil managers and line department’s project and finance managers if it requires any information relating to the monitoring on how the grants are being utilised by organisations and if there is proper compliance with all the requirements of the MOA. 10.4 Auditor General’s Office The Grants Division provides the Auditor General’s Office, during the annual audit and upon written request, with information per request pertaining to the allocation of grants in terms of this Policy. The Grants Division will provide records containing relevant supporting documentation such as TAPs, agendas and minutes of the Committee meetings as well as Council resolutions as evidence of procedural governance and proper oversight. The Auditor General’s Office, during its audit of the City’s annual financial statements, also needs to communicate directly with sub-council managers and line department’s project and finance managers in order to obtain relevant details and records/documentation in respect of grants paid out in a particular financial year and documentary confirmation that all the financial controls, monitoring procedures and recovery / refund processes, where applicable, have been applied or complied with as required in terms of this Policy. 10.5 Balance Sheet – Footnote The Grants Division compiles a financial footnote to the Statement of Financial Position of the City’s Annual Financial Statements 44 summarising details of grants allocated to organisations or bodies in terms of this Policy during the particular financial year. 11. Budget and Accounting requirements 11.1 For budget and accounting purposes, it is required that: 11.1.1 Subcouncils utilise their approved operating budget for ward allocations as allocated to projects to be funded from the operating budget, or portions thereof, when deciding whether to allocate grants in terms of this Policy, whilst line departments utilise funds, provided for this purpose, on their approved operating budget. 11.1.2 All grant provisions, in respect of grants to be allocated in terms of this Policy, on the approved operating budget shall be reflected under GL account 457100 - Grants Policy allocations under each applicable Cost Centre. Cost element 457100 shall only be utilised to budget for and record expenditure for grants allocated in terms of this Policy. 11.1.3 Grants are managed as projects with individual grants being allocated a WBS number (N Project) in order for the operating budget provision to be released and the expenditure to be incurred within the environment of the SAP co-module. 11.1.4 The narrative fields in SAP must to be utilised within the prescribed parameters by the sub-council, project or finance manager on the payment request submitted to Accounts Payable in order to best identify the various grant details, as reflected in the application form and project plan, in order to assist with the effective monitoring of expenditure and to compile the financial footnote (paragraph 10.5 refers) 45 to the Statement of Financial Position for each financial year. 12. Funding acknowledgement and intellectual property rights of the City 12.1 Successful applicants will be required to acknowledge the City as the provider of grant funding in their funding record as well as any public record in respect of grants received and in any subsequent application for further grant funding from the City in the future in order to confirm that these transfers of funds are also part of the City’s endeavours to meet its strategic objectives and to assist it in carrying out its constitutional powers and functions. 12.2 All intellectual property rights, of whatsoever nature, belonging to the City are protected in terms of clause 11 of the MOA. GDMC - 4 March 2013 46