Question NW4174 to the Minister of Tourism

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21 December 2023 - NW4174

Profile picture: Sithole, Mr KP

Sithole, Mr KP to ask the Minister of Tourism

Whether her department has any records of the number of ongoing cases in which her department is the (a) plaintiff and (b) respondent; if not, why not; if so, what are the relevant details?

Reply:

I have been informed by the department that the details of ongoing cases are contained in the table below.

NO.

NAME OF THE CASE

DATE STARTED

NATURE OF THE CASE

1.

Minister of Tourism vs. Corporate Skills Development Services.

25/02/2019

This is a claim by Department for the irregular award of a tender to Corporate Skills Development Services. The Department requested the court to cancel the contract.

2.

Minister of Tourism vs. KA Morritt/ Morritt CC

07/11/2016

This is a claim by the Department based on a collision between a Departmental vehicle and a vehicle belonging to and/ or driven by KA Morritt.

3.

Minister of Tourism vs. Bonwelong Skills Development cc and Mr Inama.

27/01/2017

This is a claim for money paid in advance to Bonwelong for the implementation of the Hospitality Youth Programme in Limpopo and North West Provinces. Bonwelong cancelled the Agreement with the Department but failed to pay back the advanced payments.

4.

Minister of Tourism vs. Wayne Smith and Associates & Wayne Smith

04/11/2020

This is a claim by the Department based on a collision between a Departmental vehicle and a vehicle belonging to and/ or driven by Wayne Smith and Associates & Wayne Smith.

5.

Minister of Tourism vs. Second Generation Consulting CC

18/10/2017

This is a claim filed by the Minister for damages emanating from failure by the Defendant to discharge its contractual obligations as per the Agreement.

6.

Minister of Tourism vs. Amathemba Skills Pty Ltd

14/07/2021

This is a claim by the Department against Amathemba Skills for:

  1. Claim for payment of unused project funds totalling R1 335 106-15.
  1. R445 632-12 which was withdrawn by Amathemba after the expiry of the Agreement without authorisation.
  1. R1 412 348-86 for drawings made by Amathemba without furnishing valid invoices to justify the expenses.

7.

Minister of Tourism vs. Samuel Malesela Mogale Business Enterprise CC

10/07/2020

This is a claim by the Department against the Defendant as a result of double payment from a Covid-19 relief fund.

8.

Minister of Tourism vs. Siyanda Mbeki

28/06/2019

On 1 July 2019, the Defendant was transferred from the Department of Tourism. At the time of his departure, he had an existing debt in respect of his bursary debt. The Defendant failed to comply with clause 2(C) of the bursary contract, where upon he had undertaken to “furnish the Department with necessary proof of my examination results immediately after the results of any annual examinations/ supplementary examinations have been made known by the examination authority.” As a result of his non-compliance the Department withdrew his bursary contract in terms of clause 3(b) of the contract and the debt became due.

9.

Minister of Tourism vs. ZM Kubheka.

02/03/2022

This is a claim to recover from the official, overpayment of monthly salary, bond repayment and leave taken without authorisation, which resulted in leave without pay.

10.

Minister of Tourism vs. MBB Consulting Services (PTY) Ltd

01/11/2022

The claim relates to financial loss to the amount of R12 215 308-00 suffered by the Department due to mismanagement of the projects’ funds by the Implementer.

11.

Minister of Tourism vs Kganakga SM

21/04/2022

On 11 November 2020, the Department entered into a written an agreement with the Defendant wherein the latter was to participate in a training programme of Mandarin Language Tourist Guiding.

The Defendant pulled out of the programme before its completion and as a result the Department incurred costs in the sum of R8 395-00 being costs for the preparation.

The Department instructed the State Attorney to recover the amount from the Defendant.

Ongoing Cases against the Department

NO.

NAME OF THE CASE

DATE STARTED

NATURE OF THE CASE

1.

Gerson Nevari vs. Department of Tourism & Director-General of the Department of Tourism

25/06/2020

Applicant is challenging that the Department that he resigned from his employment and if the court finds that indeed he resigned, he alleges constructive dismissal.

2.

Umbuso Training Services (Pty) Ltd vs. The Member of the Executive Committee, Department of Tourism

15/04 2021

This is a claim against the Department for payment in the amount of R246 675-00 (being the 10% retention money) and for payment in the amount of R825 700-00 (being for administration of stipends).

3.

ActionSA vs. Minister of Tourism and Others

16/11/2022

An application regarding the flow of untreated and raw sewage into the rivers and the sea in Durban and surrounding areas.

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