Hansard: NA: Unrevised hansard

House: National Assembly

Date of Meeting: 02 Mar 2022

Summary

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Minutes

UNREVISED HANSARD

NATIONAL ASSEMBLY

WEDNESDAY, 2 MARCH 2022

PROCEEDINGS OF THE NATIONAL ASSEMBLY

Watch video here: PLENARY (HYBRID)

 

The House met at 15:02.

 

House Chairperson Ms M G Boroto took the Chair and requested members to observe a moment of silence for prayer or meditation.

 

WELCOMING OF NEW MEMBER

(Announcement)

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon members, I wish to announce that the vacancy which occurred in the National Assembly owing to the resignation of Mr T T Mboweni has been filled by the nomination of Ms M L Pietersen with effect from 24 February 2022. The member has made and subscribed the oath in the Deputy Speaker’s Office. I want to welcome you, hon member. You may stand so that they can see you. Thank you very much.

 

PROTOCOLS ON WEARING OF MASKS

(Announcement)

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon members, a reminder that the protocols have not changed. Let us keep ourselves safe. I don’t want to see myself asking people to put their masks on. I can because of the distance I have, with my Table’s assistance. Please, let’s keep on doing that until we are advised otherwise.

The first item on today’s Order Paper is Questions addressed to the Ministers in Cluster 1 – Peace and Security. Just to remind you that there are four supplementary questions to each question. Parties have given an indication as to which questions their members wish to pose a supplementary question on. Adequate notice was given to parties for this purpose.

This was done to facilitate the participation of members who are connecting to the sitting through the virtual platform.

Members who will pose supplementary questions will be recognised by the presiding officer. In allocating opportunities for supplementary questions, the principle of fairness, among others, has been applied. If a member who is supposed to ask a supplementary question through the virtual platform is unable to do so due to technological difficulties, the party Whip on duty will be allowed to ask the question on behalf of their member. When all supplementary questions have been answered by the executive, we will proceed

to the next question on the Question Paper.

Hon members, the first question has been asked by the hon D L Moela to the Minister of International Relations and Co-Operation. The hon Minister? Hon Deputy Minister, I have been informed that you will be taking care of the questions for International Relations. Thank you very much. You may proceed.

 

QUESTIONS TO MINISTERS

CLUSTER 1 - PEACE AND SECURITY

Question 13:

 

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-OPERATION (Ms K C Mashego-Dlamini): Chairperson, our response is as follows. The work undertaken by respective missions globally is an extension of our domestic priorities. As you will recall, at the centre of the Sixth administration’s economic agenda is driving inward and outward investment opportunities to accelerate economic growth and create a conducive environment for job opportunities critical to addressing the triple challenges which the COVID-19 outbreak has exacerbated.

The missions’ operations are aligned to the Sixth administration’s objectives. Therefore, in practice they implement economic diplomacy programmes within their annual performance plan that seeks to promote South Africa as a preferred investment and tourism destination. We have to this

effect, through the Directorate Trade and Investment

Promotion, established a system to oversee and co-ordinate

economic diplomacy activities to identify tangible investment

leads and information management with the missions and

external stakeholders.

In addition, we have observed that initiatives undertaken by

the missions to support the investment conference since

inception, are bearing fruit, and ... with growing interest

and participation by foreign investors. I thank you, Chair.

Mr D L MOELA: House Chair, thank you very much for the

opportunity and thank you, hon Deputy Minister, Candith

Mashego-Dlamini for the response provided to the House and to

the nation. Just a follow up question, hon Deputy Minister.

 

 

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South Africa will be hosting another investment conference

this year, as you have alluded to. Are there any specific

activities that will be undertaken by our missions abroad to

encourage investors to consider South Africa as an investment

destination of choice as part of the build-up programme

towards this investment conference that we are talking about?

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-

OPERATION (Ms K C Mashego-Dlamini): Chairperson, for the

coming investment conference that we will be hosting here in

South Africa, all our missions are mobilising investors from

the different countries of their deployment. We always use

other ... [Inaudible.] ... or open days or whatever just to

promote the opportunities that are available in South Africa.

So, all our missions are busy trying their best to make sure

that they create interest among our international investors to

attend the conference and to invest in South Africa, as they

did in all other conferences that have taken place. Thank you

very much, Chair.

Mr W F FABER: Chairperson, we know that our tourism industry,

as one of our mainstream incomes for South Africa, was hurt

tremendously by COVID in the last two years. Once the bans

 

 

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were lifted, the DA City of Cape Town and Cape Town Tourism

initiatives focussed on key source cities like Munich, London

and New York, with strategic marketing campaigns to attract

international visitors. The result showed a super 58% recovery

in overseas tourism in the Western Cape during the December-

January period.

Now, what will your department do differently through our

embassies to ensure that tourism to South Africa through the

economic diplomacy programme increases, as we have seen little

progress to date? Thank you.

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-

OPERATION (Ms K C Mashego-Dlamini): Chairperson, there are

many activities that are going on in our missions as it stands

and I know there are serious exhibitions that are happening,

especially in our missions abroad, to exhibit the tourism

sites that are here in South Africa. So, those are the other

issues that they are doing now. I hope that tourists will come

to South Africa, more so ... most of our people here in South

Africa have been vaccinated. Others are still left to have the

booster ... However, I still say to the members that we really

need to make sure that everybody gets vaccinated so that we

 

 

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don’t scare our tourists as they come to South Africa. Thank

you very much, Chair.

Rev K R J MESHOE: House Chair, the economic diplomacy

programme should bring in foreign direct investment more than

ever before. Even though South Africa’s taxpayers are under

huge financial pressure as a result of high unemployment in

our country, they are nevertheless still required to fund

diplomatic missions to over 100 countries.

My question, Deputy Minister, is whether all the diplomatic

missions that we have abroad have successful economic

diplomacy programmes that have resulted in bringing foreign

direct investments that have grown our economy, and if not,

what value for money does our country get from diplomatic

missions that are just spending money with no tangible returns

in the form of much-needed jobs? I thank you.

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-

OPERATION (Ms K C Mashego-Dlamini): Chairperson, to the hon

member, all our missions, and our ambassadors and high

commissioners, have signed a performance agreement and

economic growth is part of their performance agreement. And as

such, all of them have a responsibility to make sure that they

 

 

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put the means in place to ensure that they interact with

businesspeople in the countries of their deployment, and

ensure that people become interested in coming to South

Africa. So, we hope that as we assess our officials,

especially the high commissioners and ambassadors, we will

also be assessing them in line with what they have signed as

part of their performance agreement ... economic recovery.

Thank you very much, Chair.

The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you. The last

follow up question on Question 13 will be from the hon

Kwankwa. The hon Kwankwa? Okay, is he not on the platform? We

proceed. Thank you. The hon Kwankwa is not on the platform. We

proceed to Question 41, asked by the hon Whitfield to the

Minister of Police. The hon Minister?

Question 41:

The MINISTER OF POLICE: Hon Chair, hon members, hon Whitfield,

the estimates of national expenditure 2022 provides for

additional funding for the recruitment of entry-level

constables over the medium-term period.

A total of 12 000 entry-level constable posts ...

 

 

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The HOUSE CHAIRPERSON (Ms M G B Boroto): Hon Minister, I’m

sorry to disturb you. I think the mic is too low and you are

having the file above it. The sound is not so good.

[Interjections.]

[Laughter.] I don’t know what to do ...

IsiZulu:

UNGQONGQOSHE WAMAPHOYISA: Uyangizwa manje. Ngiyezwakala yini

manje?

English:

The HOUSE CHAIRPERSON (Ms M G B Boroto): Yes. The file was

obscuring the sound there. Okay!

IsiZulu:

Mnu T M LANGA: Insangu, insangu le.

English:

The MINISTER OF POLICE: A total of 12 000 entry-level

constable posts have been provided for; of which 7 000 entry-

level constables will be appointed in the 2022-23 financial

year and the other 5 000 in the 2023-24 financial year.

 

 

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In addition, 3 000 posts were advertised in the 2021-22

financial year and these members will undergo training in the

2022-23 financial year.

Therefore, a total of 10 000 recruits will be trained in 2022;

that is 10 000 plus 5 000. Thanks.

Mr A G WHITFIELD: House Chairperson, in 2012 the SA Police

Service, SAPS, employed 200 000 personnel. This was to a

police to citizen ratio of 1 to 254; 10 years later, this

year, SAPS employs 175 000 personnel with a police to citizen

ratio of 1 to 330.

According to the police’s own restructuring plan, personnel

will continue to decline to 163 000 by 2024; this is the

police’s official restructuring plan. This will put the police

to citizen ratio close to 1 to 400.

We know that these personnel cuts are going to hit visible

policing the hardest; which is good news for criminals and bad

news for community safety.

We welcome the President’s announcement of an additional

12 000 officers and the increase in the budget of

R8,7 billion. But this is still less than 10% of the total

 

 

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budget and according to SAPS’ own calculations will still

result in a net loss of personnel by 2024.

Will the Minister guarantee to this House that not a single

cent of the R8,7 billion increase to the SAPS budget be spent

on the top ... senior management including the golden

handshake payment to the National Police Commissioner?

And will he commit to streamlining the SAPS’ fixed

establishment to reduce the number of highly-paid brigadiers

and generals in favour of more frontline policing? Thank you.

The MINISTER OF POLICE: Hon Chairperson, the answer will be

yes. But I hear what the hon member says. Indeed, in 2012

there were 195 500 police; which gives a round figure of

200 000. At the present moment they are notaring 75 per

177 000, which is 2 000 extra than what you said.

Chairperson, it’s true that there are several things that have

caused the numbers declining: natural, people dying, leaving

the organization and less recruitment.

I think that has changed now. The President has changed that

through the Minister of Finance, that these figures are

 

 

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coming; which will improve visibility, will improve the ratio

policing, but also, will improve the special units.

As you know, hon Whitfield, that most of the special units

need young blood: your Public Order Policing, POP, your

special task force, your National Intelligence Unit, NIU, your

Tactical Response Team, TRT, your Counter Assault Team, CAT,

they need young blood, to such an extent that most of these

figures you see here will be absorbed on those special units

with a hope that we will be able to get some figures going

forward.

Indeed, people have ... organization has gone down but we

believe that under the present dispensation that will be

corrected. It might take a little bit of time but we are in

the process of correcting that. Thank you very much, Chair.

Ms N P PEACOCK: House Chair, to the Minister: How will the

increase of the recruit be able to assist in addressing

recommendation raised by the High-Level Panel Report on

capacity as well as public order police?

The MINISTER OF POLICE: Chair, [Inaudible] there have been

quite several recommendations on these matters; one of those

 

 

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recommendations is the Farlam recommendation. But also on the

high expert recommendations made by the team of professor

Sindi Africa: they have suggested visibility, they have

suggested the question of feeding those units but specially

the unit spoke about is the same unit Farlam spoke about which

is the POP.

But also to increase the young blood at the station level and

the better training on those that are at the station.

Chairperson, on the recruitment that is happening now we are

recruiting 200 Bsc students to be part of the police so that

they go to the laboratories, they deal with the forensics,

science and all that; so, specifically, we are recruiting that

group of people.

But we are also recruiting accountants so that they can go on

the specialized units like your Directorate for Priority Crime

Investigation, DPCI, and then we are not just moving only as

it has been recommended, but not just moving only on the

quantity but we are also dealing with the quality of the

organization. Thanks.

 

 

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Mr H A SHEMBENI: Minister, the problem of policing crime in

this country rests much on the lack of leadership by those in

leadership positions at the SAPS.

The management of the SAPS is highly bloated, with about 200

generals and over 600 brigadiers, and together, their salaries

are over a billion rand per year.

In order to build a good number of police boots on the ground,

why have you not considered trimming the fat at the top in

order to employ more police who will do the actual policing on

the ground? Thank you, Chair.

The MINISTER OF POLICE: Chair, well, indeed, the same question

was asked initially by hon Whitfield. We are working on

flattening of the structure. We agree, the structure is too

much high going forward, there are too many [Laughter.]

starting from lieutenant-colonel and colonels, brigadiers,

major-generals, generals and all that. We agree, and it’s a

big money that is going there.

What is happening on the present restructuring is that there

is an amalgamation of the divisions there so that you find

 

 

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fewer generals, fewer deputy-generals and fewer divisional-

commissioners.

By the way, generals are director-generals and divisional-

commissioners are deputy director-generals.

So, we are taking on board what you are saying. All this money

that is put there, we are working hard that it must go on the

ground to train the new constables, but also improve on the

skills of those that are there and little money, if it should

be, worth the top. We are very much aware; we are working on

it. Thanks.

Mr A M SHAIK-EMAM: Minister, first of all allow me to

congratulate the men and women in blue for a very successful

week, particularly it was [Inaudible.] and then Delmas and

then, of course, arresting the kingpin and the high jacking

and kidnapping.

Minister, your predecessor agreed in Parliament that in order

to [Inaudible.] those with passion and commitment in the

police force, you need to include it in the curriculum at

basic education level. Are you speaking to your counterpart in

 

 

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the Department of Basic Education to include, maybe, policing

in the curriculum?

Very important and the reason why I say this, Minister, is

this, you are now going to have 12 000, by the time you train

them and they gain experience, you’ve lost a couple of years.

And very importantly, I want you to understand, Minister, is

that many of them, that are skilled, have left the police

force as a result of the retirement age coming to effect at

55; secondly, because they are unhappy in terms of the

promotion ...

The HOUSE CHAIRPERSON (Ms M G B Boroto): Question! Your time

Mr A M SHAIK-EMAM: ... thirdly, private sector is attracting

them with better salaries and benefits.

The MINISTER OF POLICE: Well, Chairperson, we haven’t spoken

to the basic education but we have spoken to the higher

education.

In Hammanskraal we are establishing, under the leadership of

the Deputy Minister, a university college where we will be in

 

 

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collaboration with the Federal Bureau of Investigation, FBI,

the people from London-Scotland Yard to train our people

there. Even yesterday there was a meeting of taking that

forward.

Deputy Minister has gone to those places. He has been in the

FBI headquarters, China, Russia; he was about to go to

Scotland Yard when covid came. So, we are working on that.

But besides, on the new blood that is there, medium and lower,

we have agreed with the management, but with the President to

say we need to get a group of people that we’ll take them to

these institutions, spend some time there at those

institutions to be able to get the [Inaudible.] higher

learning and requirement so that we bring them back here and

they are able to understand this policing at international

level. That is being done, hon member.

Question 65:

The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Hon House

Chairperson, my apologies that I could not come to the House,

I am a bit fluish. It is in the interest of the members that I

respond from here.

 

 

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Hon members, as members of the executive we meet with His

Excellency, President Cyril Ramaphosa, on a regular basis to

discuss various matters of our portfolios. The process began

on 16 September 2021 when His Excellency, President Cyril

Ramaphosa called on South Africans to nominate suitable

qualified candidates for the position of the head of the

judiciary of South Africa which was the first of its kind in

our country and in many jurisdictions in the world.

This invitation was intended to promote transparency and

enable public participation in the appointment of the Chief

Justice. The submission process closed on 1 October 2021. In

response to the call for public participation, the public made

148 submissions which consisted of 25 names. Some of these

individuals featured in more than one submission. Of the 25

names, only eight nominations met the criteria as set out in

the call by the President.

The criteria referred to above stipulated the following. A

nomination letter including the contact details of the

nominator, the nominee’s acceptance of the nomination and

their contact details, letter of support for the nomination

and contact details of person or entity that supports the

nomination including at least one letter of support from a

 

 

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professional body of legal practitioners, non political

organisations working in the field of human rights or other

legal fields, and additional documentation that the person

nominating the candidate for the Chief Justice deems relevant.

The nomination panel was chaired by judge Navi Pillay. It

assessed and scrutinised all submissions. With regards to

suitability, President Ramaphosa has publicly explained that

the Judicial Service Commissions, JSC, advices the President

on the suitability of the candidates. This explanation is in

line with section 174(3) of the Constitution which reads:

The President as head of the national executive, after

consulting the Judicial Service Commission and the

leaders of parties represented in the National Assembly,

appoints the Chief Justice and the Deputy Chief Justice

and, after consulting the Judicial Service Commission,

appoints the President and Deputy President of the

Supreme Court of Appeal.

Thank you.

 

 

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The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you. Just put

your hot water with lemon next to you. We have Mama Yako to

ask the supplementary question.

Mrs Y N YAKO: House Chair, to Mr Lamola, the concerns that

many have about the attempt at judicial capture should concern

you as a Minister of Justice. The rest of the population needs

to have confidence that decisions relating to the

administration of justice are beyond reproach. In light of the

interviews for the Chief Justice and the recommendation made

to the President by the JSC, has the President informed you of

when is he going to make an appointment for the position of

the chief justice, and why he thinks that you, as a JSC,

overstepped your mark in recommending Judge Mandisa Maya as

Chief Justice? As a Minister responsible for justice are you

not concerned that we have not had a Chief Justice for over

four months? Thank you, House Chair.

The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you. Before I

allow the Minister to respond, just as a reminder of our

Rules. Rule 137.2 state exactly that you cannot ask more than

one question. So, please, let us take care of that because if

they respond to one, they are correct. So, let’s please stick

to our Rules. The hon the Minister?

 

 

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The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: House

Chair, that assertion of the judicial capture is unfounded. As

I have said, for the first time in the history of our country

the President, on his own discretion, opened up the process

for the sake of transparency and for the sake of public

participation where he allowed South Africans from all walks

of life to participate in the appointment of the Chief

Justice. There cannot be more transparency than that. The

whole process is in the public eye and political parties are

participating by making their inputs.

So, that assertion is not only far fetched but unscrupulous,

unfounded and it has all the hallmarks of conspiracy because

what the president has done, as I have said, is in line with

section 174(3) of the Constitution. This publicly explained

view that the Judicial Services Commission advises the

President on the suitability of the candidates is in line with

section 174(3) of the Constitution which I again read for the

benefit of the member.

The President as head of the national executive, after

consulting the Judicial Service Commission and the

leaders of parties represented in the National Assembly,

appoints the Chief Justice and the Deputy Chief Justice

 

 

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and, after consulting the Judicial Service Commission,

appoints the President and Deputy President of the

Supreme Court of Appeal.

So, the President has opened up the process and allowed the

public to participate, including hon members in this House

whom their majority have made their views and comments on the

matter. On behalf of the President, I want to thank all

political parties who have submitted their views and I think

those views will enable the President to make a decision to

appoint the Chief Justice. As things stand, the current Acting

Chief Justice is holding the fort, the judiciary is

functioning and there is no crisis. Thank you very much, hon

House Chairperson.

Mr Q R DYANTYI: House Chair, to the Minister, can you assist

in speaking to the nation so that we avoid lousy conspiracies

and just outline in simple terms and very briefly the process

that gets followed in appointing a Chief Justice so that we

don’t get into all oof these conspiracies that are being

spread around.

 

 

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The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you, I hope you

will be able to do that in two minutes, as I remind you. The

hon Minister?

The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Hon

Chairperson, in the past there was a process to appoint the

Chief Justice where the President nominated only one person.

When the outgoing Chief Justice was appointed, when the former

Chief Justice Ngcobo and also when the former Chief Justice

Pius Langa was appointed only one member from the judiciary

was appointed.

What the current President has done is unprecedented — it is

the hallmark of transparency which will be appreciated by all

democratic loving South Africans because it gave a platform

for the people of this country to have a say in terms of who

must become the Chief Justice. It also killed all kinds of

conspiracies, and all kinds of matters that may want to assume

or to cast aspersion on the person of the President who gave

and shared his constitutional power, as I have said, in terms

of section 174(3). He shared this power with all South

Africans and all Members of this Parliament by giving them a

platform and an opportunity to make an input. Therefore,

whoever is going to be appointed at the end of this whole

 

 

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process by the President is an outcome of a process that all

South Africans will have participated in. I do believe that we

will all welcome that process and that outcome because it will

be a product of a democratic process by all South Africans.

Thank you very much.

Mr W HORN: House Chair, to the Minister, it is of course so

that the manner in which the JSC has dealt with the last two

rounds of interviews has created the ground for all sorts of

conspiracies. Would you agree as the representative of the

executive on the JSC that the time is now right for the JSC to

adopt for a code of conduct for its members which should

include the rules of engagement with members amongst

themselves and with candidates?

The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Hon House

Chair, yes, I do agree that there could be a need to tweak

some of the codes of conduct. We already have a protocol that

is there within the JSC, the Constitution also stipulates the

type of fit and proper people that must be appointed. The JSC

in rules itself does stipulate but there is nothing wrong for

the JSC itself to engage on what it believes may be necessary

to tweak some of the codes of conduct to continue to protect

 

 

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the decorum, the standing and the dignity of the process.

Thank you.

Inkosi R N CEBEKHULU: House Chairperson, to the Minister,

given the imperative need for leadership and stability in our

judicial services, it is crucial that the appointment of Chief

Justice be completed as expeditiously as possible. Having said

that, judicial independence is just as critical. My question

is how will your department, which controls the budget

allocation of the Office of the Chief Justice, ensure that the

allocation of budget is not used as a command and control

allocation which could be seen to interfere with the

independence of the judiciary? Thank you.

The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Thank you

very much. Indeed, we continuously follow all the Treasury

fiscal policies to ensure that all the budget allocations to

all departments under the Department of Justice are followed

through the prescripts of the National Treasury, and that

includes the Office of the Chief Justice, so that their

allocation and the baseline is informed by the needs and the

current fiscal environment. There is a continuous engagement

between the National Treasury and the Office of the Chief

Justice, represented by the accounting officer, to ensure that

 

 

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the needs are catered for and where fiscal framework allows

the increase it does happen as you would have heard from the

Minister of Finance.

The current fiscal environment affects all the national

departments and not only the judiciary. The National Treasury

continues to bend their hands backwards to help the needs of

the judiciary and also all the entities under the Department

of Justice so that the wheels of justice can continue to turn.

There will never be a space for any pulling of strings to

hamstrung or to obstruct the work of the judiciary because

that will be unconstitutional. Our Constitution is very clear

and all the prescripts are to the effect that such a thing

cannot be allowed to happen in our democratic country. Thank

you.

Question 20:

The MINISTER OF HOME AFFAIRS: Thank you House Chair, the plan

for the acquisition of 10 000 young people, who are coming to

digitise our record will be as follows, firstly, we need to

acquire them and we are hoping that we are acquiring the

10 000 young people each ... [Inaudible.] ...month. Wherein we

will place adverts in social media platforms, radio, notices

at all tuition centres, labour centres, national development

 

 

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agency platform and print media. And we will continue with the

shortlisting where we will boost the PB text like credit

rating, citizenship, criminal checks, etc., etc.

The 10 000 young people, will be appointed to all provinces,

depending on the weight of the work, as determine by the

number of records. These records which I have mentioned, which

I said they start in 1895, they are all the provinces of South

Africa. So the young people won’t be in one province, they

will be in all the provinces.

And lastly and important House Chairperson, this is not

internship programme, I heard many people saying the

Department of Home Affairs will provide internship, no, these

are unemployed people, some of them are they have forfeited

internship long ago. But, we are giving them a contract and

apart from digitising, they are going to be given

entrepreneurial skills, coding, robotics, digital

transformation, financial management, business project

management and the strategies for future on how to write some

curriculum vitae, CV, etc.

Now, the second part of the question is how budget is

projected the cost. When we did our ... [Inaudible.] ...we put

 

 

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two scenarios. The first scenario is in the ... [Inaudible.]

... to say four months, in which case it will cost

R2,2 billion. On the other hand, if it takes ... [Inaudible.]

... yes that’s three years, 36 months. It will then costs

R3,2 billion. Thank you very much.

Ms T I LEKGWASE: Thank you House Chair, hon Minister, given

the high unemployment rate and deepening inequality, how will

the department ensure that young people, women and people

living with disability in rural areas and those without access

of internet will be considered during this recruitment drive?

Thank you.

The MINISTER OF HOME AFFAIRS: In the project plan, hon ...

[Inaudible.] ... we specifically set 60% ... [Inaudible.] ...

will be immediate and will be insist people... [Inaudible.]

... and secondly as I’ve already said, we will make sure that

we meet our youth all of them, that’s why I said it will be in

every province. There will walk ins. Those who just walk in

say I am here, there will adverts at ... [Inaudible.] ...

centres, labour centres, national development agency and we

hope ... [Inaudible.] ... Members of Parliament will also help

with their contribution to this, but nobody will be left

behind. Thank you.

 

 

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Mrs L L VAN DER MERWE: Thank you House Chairperson. Thank you

very much hon Minister. Hon Minister, we welcome of course the

creation of these 10 000 jobs, for our young people as it is

disparately needed. But, we’ve got some practical concerns.

First and foremost, you spoke about citizenship, but can you

ensure us that these positions will be reserved or that South

Africans will be prioritised for these opportunities? And your

department, hon Minister already struggle with corruption

within in its ranks. Considering that these new employees will

be handling sensitive data and information. What steps will be

in place to ensure that this project doesn’t lead to data

breaches, loss of confidential information or even corruption.

Thank you.

The MINISTER OF HOME AFFAIRS: Thank you, hon member, there is

a question which I am going to answer, asking the same thing,

but maybe I can just do it now. Number one, this is money from

the fiscus ... [Inaudible.] ... important, it has to ...

[Inaudible.] ... because of the nature of the work that is

going to be done. So, that’s why I am mentioning as one of the

... [Inaudible.] ... in the plan. And, when we submitted to

Treasury, requesting, we actually mentioned that.

 

 

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On the issue of corruption, hon member, we are going to call a

press conference to outline, so that people understand step by

step what’s going to be done. And, we believe from the plan

which we will actually explain exactly in that press

conference. You will judge for yourself whether there will be

any corruption or not. We are not starting from the scratch.

The Department of Basic Education, hired 360 000 assistant

educators, there were no problems, there was no corruption

because of the method they’ve used. And, we are going to use

the similar method ... [Inaudible.] ... thank you.

Ms L F TITO: Kea leboga [thank you] House Chair, Minister in

November 2016 the then Home Affairs Minister, Malusi Gigaba

and the then statistician General, Pali Lehohla announced a

collaboration for the digitalisation for the records at the

Home Affairs. This is exactly the same project that the

President has announced in Sona. Why did the digitisation

project between the Home Affairs Statistics South Africa not

yield any results? And what could be different this time?

Thank you.

The MINISTER OF HOME AFFAIRS: House Chairperson, digitisation

by Stats South Africa is ongoing, hon ... [Inaudible.] ... is

still ongoing. But, the problem is this. The records we are

 

 

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talking about are ... [Inaudible.] ... and they stretched from

1895. Now using an ordinary budget which is what we were doing

to give to Stats South Africa. They were ... [Inaudible.] ...

per annum. If you calculate, it will take us 60 years, 60

years or more because 60 years will be for ... [Inaudible.]

... but the records we are seeing here - these are records of

birth, death, marriage, identity document, ID, passport

stretching back in 1895 ... [Inaudible.] ... that project

won’t finish the job. We want the specific project,

specifically funded and we got this opportunity. Thank you

very much.

Mr W M THRING: Thank you House Chair, Minister, the Department

of Home Affairs has become characterised by long ques, many

hours that one has to spend queuing or waiting for services

inside buildings. Some of the times also the unfriendly and

unhelpful staff manning some of the offices. Now Minister will

the recruitment of these 10 000 young people for the

digitisation of paper records help to improve this challenges

that many South Africans face, as well as improve the image of

department? If yes, how, if not, why not? Thank you.

The MINISTER OF HOME AFFAIRS: House Chairperson, remember the

Department of Home Affairs came to the portfolio committee to

 

 

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outline the plan about the problem we are facing. This issue

of long queues and all that. We outlined the business and the

plan. But this digitalisation is ... [Inaudible.] ... part of

the long ques is caused by people who come ... [Inaudible.]

... many times. Because there’s no way you serving them once.

Let me give an example, let’s say you are looking for an

abridged certificate or you are looking for a marriage or some

parent or death parent, who got married 80 years ago and

you’ve got to go and check from the records. Now, you’ve got

300 million records per ... [Inaudible.] ... papers, manual,

you’ve got to go through them to check that. It takes days,

but after digitisation, anybody wo enters Home Affairs and

says I am looking for this record, will be there on the

fingerprints and they don’t have to come to Home Affairs

again. And so, they won’t contribute to the long ques. So,

this is how this project is going to contribute. You might

have heard people who are ... [Inaudible.] ... and saying I’ve

applied for this and that three months ago or six months ago,

even a year and I am not getting the answer, is because our

problems ... [Inaudible.] ... through document which

stretching from millennia and they are searching for them

manually. So, we are very excited that this programme, will

bring all the information you want on your fingertips. Thank

you.

 

 

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Question 11:

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-

OPERATION (Ms K C Mashego-Dlamini): Chairperson, our response

is as follows. South Africa is continuing to encourage all

parties through quite diplomacy within all relevant

international mechanisms such as the United Nations, UN,

including Brazil, Russia, India, China, and South Africa,

Brics, countries to strengthen all diplomatic efforts to avoid

an escalation of tension and work towards an inclusive,

sustainable and peaceful solution based on co-operation and

dialogue.

In this regard, South Africa encourages all parties to

approach dialogue with a spirit of compromise in order to move

the process forward without accusing any party – something

that would not be helpful in the efforts of resolving the

conflict. South Africa stands by its principled position of

peaceful resolution of conflict. South Africa reiterates the

obligation of all the parties to fully implement all their

respective commitment other than meets agreement which

provides the most promising roadmap for the peaceful

settlement of current hostilities including in Eastern

Ukraine, and to advance the course of peace and stability in

the broader region.

 

 

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South Africa cannot be said to be taking sides on the conflict

as this goes against its principles. In addition, South Africa

has good bilateral relations with both countries. It would

therefore be unwise to take a different position that could

compromise these bilateral relations ... [Interjections.] ...

Regarding South Africa’s position in Brics, it has been and is

continuing to encourage all the parties to strengthen all the

diplomatic efforts to avoid an escalation of tensions and work

towards an inclusive sustainable and peaceful solution based

on co-operation and dialogue.

In this regard, South Africa encourages all parties to

approach dialogue with a spirit of compromise as I have

indicated. South Africa stands by its principled position of

peaceful resolution of conflict. Similarly, in paragraph 22 of

Brics’ New Delhi Declaration issued on 9 September 2021, the

Brics leaders expressed concern at the continuing conflict and

violence in different parts of the world. The Brics leaders

reaffirmed their commitments to the principle of non-

interference in the internal affairs of states and reiterated

that all conflicts must be resolved by peaceful means and true

political and diplomatic efforts in line with international

law, in particular, the UN Charter.

 

 

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The Brics leaders also underscored the inadmissibility of the

threats or use of force against the territorial integrity or

political independence of any state or in any other manner

inconsistence with the purpose and principles of the United

Nations. I thank you, House Chair.

The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you. Before I

proceed, let me remind all our members on the virtual platform

that the respect you can give to this hybrid sitting is by

ensuring that you look at your gadget and mute immediately.

Please, we request you to do that, because anything you say or

do is reflecting on the screens here and it is disturbing. All

members on virtual platform, please check your gadgets and

mute yourselves. Thank you. The hon Hlengwa?

Mr M HLENGWA: Thank you very much, hon House Chairperson.

Well, I think the horse has already bolted on a lot of things

that the Deputy Minister has indicated and tensions have gone

beyond de-escalation because Ukraine has been invaded by

Russia as we speak right now, and the countries are at war.

Therefore, the question then becomes, “Does the Department of

International Relations and Co-operation still stands by the

statement that it issued last week?” Because judging by the

response now there is an element of backtracking, particularly

 

 

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in a very direct call to Russia to desist from aggression and

the invasion and to pull out its troops and military out of

Ukraine in order to create a conducive and enabling

environment for the discussions that the Deputy Minister

speaks about.

Secondly, the impact of the sanctions on Russia are most

likely now to have a direct impact of South Africa through the

Brics partnership. We therefore want to know what contingency

plans are in place to insulate the South African economy, but

also being proactive in dealing with the sanctions. Will South

Africa join the international community in meting out

sanctions against Russia? Thank you.

The HOUSE CHAIRPERSON (Ms M G Boroto): Immediately you say

secondly, you should know that you are against Rule 137(2).

You understand what I am saying. Proceed, hon Deputy Minister.

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-

OPERATION (Ms K C Mashego-Dlamini): Thank you very much hon

House Chairperson. I have indicated what will be our position

as South Africa. Well, it only depends on the interpretation

of the member and there is nothing that he can quote we have

now changed the position. There is no change of any position

 

 

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here, Chair, because we are continuing as a country, also

calling for a peaceful resolution on conflicts. That is our

position and to do that we also request all the parties to go

on dialogue. So, that is our position, Chair. Thank you.

Mr B S NKOSI: Hon Deputy Minister, given that the situation

has escalated, and in line with our policy of peaceful

engagements for the resolution of conflicts, what are the

specific engagements between South Africa, Ukraine and Russia

to resolve this conflict peacefully?

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-

OPERATION (Ms K C Mashego-Dlamini): Thank you very much,

Chairperson. I just want to remind the hon member that there

was a special session on Ukraine in the UN General Assembly,

and South Africa has presented a paper in that and its

position. And we still stand by what we said in the special

session and we hope that the two parties will really be in

line with the UN Charter and also be in line with the

resolution of the special session on Ukraine. Thank you.

Mr B N HERRON: Thank you, House Chair. We obviously welcome

the Deputy Minister’s call for de-escalation and peace. But

our membership with Brics places us in a special position or

 

 

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relationship with Russia. And with the commitment of Brics

which are articulated as being a respect for sovereignty,

unity, independence and territorial integrity, nonaggression

and equality. We also know that our membership of Brics is

intended to place our economy in a place where we participate

in global economic co-operation and benefit from trade and

investment. Can the Deputy Minister advise us how our

government proposes to use our membership of Brics and its

commitment to this universal principle to ensure that our much

needed economic growth and job creation project is not

undermined. Thank you.

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-

OPERATION (Ms K C Mashego-Dlamini): Thank you very much, House

Chair. I just want to remind the member that as members of

Brics we are also affiliated in the United Nations. So, in

terms of this particular situation as it stands now, it needed

to be resolved within the United Nations. We have called upon

the Security Council to use all the means they have in their

disposal to make sure that they quell the situation between

Russia and Ukraine. So, there is no plan for the separate

Brics because we are all members of the United Nations in this

particular matter as it stands.

 

 

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IsiZulu:

Mnu N L S KWANKWA: Ningenaphi nina.

English:

I am being abused here, House Chair. Can you protect me.

because you know ...

IsiZulu:

... ngizovele ngithi amasela.

English:

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Kwankwa, you have

one minute.

Mr N L S KWANKWA: No, but you must protect me, House Chair.

The issue here is that ... Minister, can you please stop

sitting on the fence? [Interjections.] The issue here is

clear. From where we are sitting, there are global calls for

president Vladimir Putin and member of his cabinet to be

charged with war crimes. What is SA’s position with respect to

that one? China, as a Brics member for an example, has

expanded trade with Russia. They have lifted restrictions on

wheat imports.

 

 

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Are we going to do the same things since we are Brics members?

What are we going to do as a country? We need a firm and clear

position on this matter so that we know exactly where South

Africa stands on this issue. Thank you.

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-

OPERATION (Ms K C Mashego-Dlamini): Thank you very much, House

Chair. I just want to indicate that as South Africa we stress

that peace is best built through diplomacy and dialogue within

the framework of the institutions of global dialogue,

especially the United Nations. It is important for all nations

to respect and uphold the principle of international law,

including international humanitarian law and the provision of

the UN Charter. That is how I stand. So, there is nothing that

can make you say that we are standing on the fence here.

We are members of the United Nations and we have presented our

position there and we have been supported by many countries in

that. So, whoever has called for whatever, we are not going by

what other countries are saying, but we are going by what

South Africa feels will be a better solution in this

particular conflict. Thank you very much, House Chair.

Question 7:

 

 

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The MINISTER OF POLICE: Thank you very much, hon Chairperson.

In terms of section 139 of the Firearms Control Act 60, 2000,

an amnesty may be declared by the Minister of Police if the

amnesty may result in the reduction of a number of illegally

possessed firearms and it is in the public interest to do so.

The firearm amnesty is therefore a prerogative of the Minister

when it is necessary.

Secondly, section 24 together with section 28 of the Firearms

Control Act does not provide for an expired licence to be

removed.

The HOUSE CHAIRPERSON (Ms M G Boroto): Is it hon Groenewald or

is it you, hon Wessels? Because, I can see your mic is still

on and we can see you. Hon Groenewald, it’s now your

opportunity.

Dr P J GROENEWALD: Can I proceed?

The HOUSE CHAIRPERSON (Ms M G Boroto): Your member, hon Wessels

was disturbing us. He must mute his gadget. Please proceed, Dr

Groenewald.

 

 

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Dr P J GROENEWALD: Thank you Chair. Hon Minister, we have

great respect for you. You only read from the piece of

legislation. I know that. But the question was whether you

will consider coming to Parliament and request for a further

amnesty?

Last year, you gave an undertaking to say yes, you will do so.

Admitting that the COVID-19 situation hampered quite a lot of

people to apply for amnesty.

My follow up question is this. Will you, in considering such

an amnesty allow again that people who must renew their

firearm licences have an opportunity to do so? And, in the

light of all the theft of firearms at the police stations to

allow them to keep their firearms with them in a safe place.

Thank you, Chair.

The MINISTER OF POLICE: Thank you very much, Chairperson.

There must be reasons for declaring the amnesty as the member

says. It could have been folly of me to say they will never be

an amnesty again. Indeed, there are few things to be

considered. Does it yield the wanted results of the reduction

... [Inaudible.] ...

 

 

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The HOUSE CHAIRPERSON (Ms M G Boroto): I’m sorry, hon

Minister. Can you just hold it? You only spoke for 30 seconds,

I will restore your minutes.

Hon Mbatha, please, this is the second time and you are not

even listening to us. You are busy with your own radio or your

own television, TV. That’s what we hear. If you proceed, we

will remove you from the platform. Hon Minister, I am sorry

for that.

Ms S GWARUBE: Excuse me, House Chair, we are getting reports

from our members on the virtual platform that they are

battling to hear the Ministers when they are using the roving

mic. Can information technology, IT, look into it and then

perhaps for now, can they speak into this mic?

The HOUSE CHAIRPERSON (Ms M G Boroto): They can’t hear with a

loud mic like that?

Ms S GWARUBE: They are battling to hear on the virtual

platform.

The HOUSE CHAIRPERSON (Ms M G Boroto): It makes a lot of

noise. Oh! I will allow the Ministers to speak while sitting

 

 

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down because this thing is shorter? Hon Minister, I give you

permission to respond while seated. Thank you.

IsiZulu:

Qala phansi, Mphathiswa.

English:

Can you please reset because we have disturbed him already?

The MINISTER OF POLICE: ... Thank you very much hon

Chairperson, I hope I am audible now. As we have said, the

issue of amnesty raised by hon Groenewald is a legislated

issue. He correctly said that I did speak with him. Indeed, I

said, there will be time where there will be amnesty again.

But we need to weight those thing. We need to weight if the

amnesty is going to yield the desired results? That is the

reduction of firearms. That is the first one.

Secondly, the logistics of getting these firearms. The

Firearms Registry will have to work on them, the ballistic

will have to work on them. Because as these firearms are

brought back we need to take them through the ballistics to

check if they were not used to committing crime, and they have

 

 

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not killed anyone. We do not just take them and put them in SP

13 and in any form of store room.

Thirdly, he is asking if there can be a renewal of expired

licence. The law does not allow that. The law says you will

have to reapply for the firearm rather than renewal.

Unfortunately, we have put quite several of these amnesties.

Those people that have expired firearm licences do not come

forward. So, we will urge those that represented the people

that have firearms including those firearms associations and

organisations to encourage their members, if and when the

amnesty comes to use that space to reapply for the issuing of

licences and not to renewal. Thank you.

Ms T M JOEMAT-PETTERSSON: Thank you very much hon, House

Chair. Minister, the licencing process and the amnesty process

exist in order to achieve lawful position as you have said.

What would the plan B of the Minister and SA Police, SAPS, in

dealing with the unlicensed firearms in this interim period

while we are waiting for what happens in your decision if

there is a possible new amnesty, so illegal firearms in the

country is kept under control? Thank you very much.

 

 

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The MINISTER OF POLICE: Chairperson, unfortunately, police

officers are not lawmakers but they are law enforcers. There

is a law and even those that own firearms know the law. That

once your licence expires then your firearm becomes illegal.

And then if you have illegal firearm we will arrest you.

So, we are urging the firearm owners in South Africa to follow

the process and renew your firearms licences while there is

still time. Even if your licence delays but if you have the

receipt in your hand you will be regarded as the legal firearm

owner until you get your licence. But if you stay home and say

you did have a licence and it expired then you don’t have one.

We will then confiscate those guns and also arrest you. So, it

is important that the members and South African citizens

follow the law. Thank you very much.

Mr A G WHITFIELD: Thank you very much, it has emerged as a

fact that the consecutive amnesties have exposed the Central

Firearm’s Registry as chaotic, unreliable and dysfunctional.

The processing of firearm licence applications, competency

applications and amnesty applications is simple taking far too

long to provide the administrative justice that firearm owners

deserve.

 

 

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In terms of the age analysis of firearm related applications,

a 130 000 applications are outstanding for more than 120days

and 76 800 of these are amnesty applications. Considering the

fact that firearm owners are being prejudiced by the flaws in

the act and the failure to adhere to the very basic elements

of administrative justice further acknowledging that SAPS’

core function is policing and not paper work.

Will the Minister consider relieving the SAPS off the function

of administering firearm licences by outsourcing this function

to an independent entity supervised by the secretary of

police?

The MINISTER OF POLICE: “Not Yet Uhuru” on this thing of

outsourcing. Chairperson, I fully agree with the delays of

more than 90 to 200days, but as I have said that if you have a

receipt then you are regarded as owning a legal firearm. The

problem is when the owners of firearm just don’t follow the

law. They stay home and not become part of the law abiding

citizens in the Republic of South Africa.

I fully agree that the Firearm Registry could do better. There

are problems there of which we are working on fixing them,

including looking at different ways. What the hon member said

 

 

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cannot be ruled out but we have not reached that level yet. We

are at the level where things are being corrected.

We are also calling on the members to urge South Africans to

respect the law and say the law is not completely prejudicing

them in terms of not taking on board the legality of firearms.

You go there on time and get the receipt and then you are able

to respond on time. That is what we are requesting. Do call on

the government to do better but also call on the South

Africans to keep the law.

Ms Z MAJOZI: Thank you, hon House Chair. Hon Minister, illegal

obtained weapons are often used in criminal activities and are

a scourge upon ... What mechanisms are in place to ensure that

all firearms handed in to the South African Police Service

Firearm Registry are disposed of in a safe and legal manner

and cannot be illegally channelled to crime syndicate? Please

provide clear details of the process as well as the evidence

that all these weapons are destroyed.

The MINISTER OF POLICE: The hon member wants detailed

evidence. Hon Chairperson, besides the amnesty, we have

operations. If you have noticed few weeks ago, the unit that

has done the job at Rosslyn, Dawn Park, and Midrand where in

 

 

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almost a month they collected more than 210 illegal firearms.

So, we do have these operations. Most of these firearms are

taken to the SPV13.

Indeed, there are weaknesses in the systems of keeping these

firearms, starting in this province where a sitting colonel

... [Inaudible.] ... selling 2000 illegal firearms out there.

Including what has happened in Norwood, where as we speak now

178 firearms have been sold by our own.

So, we are working on that with the administration and

management to tie that thing up. And also to take those

people that are breaking the law out of the system and put

them where they belong. Periodically, we are destroying

these firearms and unfortunately there are not too many

places we are using to destroy these firearms. There is one

in Vereeniging, Isipingo in KwaZulu-Natal.

We try not to keep them for a very long time to avoid to temp

criminals even among ourselves. They are destroyed and removed

out of the circulation in the communities. Thank you.

Question 24:

 

 

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The MINISTER OF JUSICE AND CORRECTIONAL SERVICES: Thank you

very much, Chairperson. It is worth noting that much success

has been derived from the existing specialised commercial

crimes courts, S`CCC, model which allows for a close

integration of the work between prosecutors and investigators

and dedicated courts which can, once matters are enrolled,

process matters quickly and effectively instead of matters

having to wait for space on the open court roll. I have

approved the specialised commercial crimes courts project plan

2020. The plan provided for two phase approach and

establishing and enhancing existing specialised commercial

crimes courts. The first phase which entails the establishment

of new specialised commercial crimes courts in the provides

where there were none was scheduled for implementation during

the 2929-21 financial year. The second phase which entails the

enhancement of the existing special commercial crimes courts

in all other provinces was scheduled to commence in April 2021

to coincide with the beginning of the 2021-22 financial year.

Both the establishment and the enhancement of the specialised

commercial crime courts are guided by the evaluation of the

existing and envisaged caseloads as determined by the National

Prosecuting Authority’s specialised commercial crimes unit and

 

 

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the Department of Justice and Constitutional development’s

available resources.

Phase 1 was successfully implemented with the establishment of

new specialised commercial crimes courts in Limpopo,

Mpumalanga, Northern Cape and North West during the 2020-21

financial year. As we speak these courts are in operation.

Currently all provinces in the country have dedicated

specialised commercial crimes courts. Phase 2 was ready to be

implemented in the 20o21-22 financial year. The specialised

commercial crimes courts enhancement phase saw additional

specialised commercial crimes courts being established in

Mthatha, East London and Pietermaritzburg as well as the

enhancement of the existing specialised commercial crimes

courts in Palm Ridge, Pretoria North and Durban. The project

plans were requested from the relevant regional specialised

commercial crimes courts steering committees for consideration

by the national steering committee.

The new specialised commercial crimes courts in East London

and Mthatha were established and commenced operations on 06

April 2021. They are in operation, hon members. We are not

still speaking about plans, but they are in existence. The new

specialised commercial crime court in Pietermaritzburg

 

 

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commenced operations on 03 January 2022. The enhancement and

resourcing of the Palm Ridge and Pretoria North specialised

commercial crimes courts is being implemented as we speak.

For the coming financial year, the national specialised

commercial crimes courts steering committee will again request

the regional steering committees to consider the need for new

specialised commercial crimes courts in their regions. These

steering committees are composed of representatives of the

National Prosecuting Authority, Legal Aid South Africa,

members of the judiciary and officials of the Department of

Justice and Constitutional Development. They are tasked to

determine the need for additional specialised commercial

crimes courts by considering the current and projected

caseloads and to determine the resources both in terms of

tools of trade and human resources needed to fully capacitate

additional specialised commercial crimes courts. Funds for the

establishment and enhancement of the specialised commercial

crimes courts were allocated by the National Treasury for

three years – R40 million per year- with a slight escalation

per year with the last three being 2022-23 financial year.

The recruitment of judicial officers, court officials and

Legal Aid South Africa practitioners are costs that are

carried from year to year at every new specialised commercial

 

 

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crimes court established. The establishing of the new

specialised commercial crimes courts or enhancement of SCCCs

is thus depended o the need and the availability of funds. The

department envisage there will be sufficient funds for three

to four new specialised commercial crimes courts in the year

2022-23 financial year. The department will continue to put

these funds to their full use by enhancing the capacity of the

specialised commercial crimes courts as government steps up

its efforts to eradicate corruption both in the public and

private sector. Thank you.

Ms A RAMOLOBENG: Thanks, House Chair. Thanks Minister for the

response especially in giving us a brief about the specialised

commercial crimes courts. Minister, has an impact assessment

been conducted on the implementation and operation of the

specialised commercial crimes courts? To put it differently,

are these courts yielding their intended purpose and making a

material difference? Thank you, House Chair.

The MINISTER OF JUSICE AND CORRECTIONAL SERVICES: Thank you,

Chairperson. Indeed, there has been an impact assessment and

it has proven that all cases that go through these courts have

yielded high conviction rates because of the collaboration of

the law enforcement agencies that take matters through these

 

 

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courts and also because these courts have an outcome of

collaboration and involvement and engagement by all

stakeholders in terms of the needs and where they must be

located, and what cases must be prioritised and how they must

be handled. As a result it has fast racked and expedited some

of the long standing cases that are able to be handled and be

expedited except the ones that obviously would be beyond the

hands of the courts where obviously there would be

postponements related to the issues of an accused being sick,

legal representatives or sometimes judicial officers and so

forth. But the courts are having a huge impact and I do

believe that they send a very strong message to community and

society that the era of impunity is over through the

convictions of those that are found to be corrupt and also for

organised crime and criminal syndicates. Thank you.

Mr W HORN: Thank you, House Chair. Minister, congestion or

backlogs in respect of the specialised commercial crime

prosecution are, of course, not solely caused by the number of

courts available. Other factors such as the dedicated

availability of the presiding officers, the dedicated

availability of prosecutors with the necessary experience and

expertise as well as the requirements that operational issues

do not negatively impact, for example, court recording systems

 

 

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that need to be in place and operational. All these issues the

department and the NPA under your leadership have failed to

ensure over the last few years and are stuck realities. This

has resulted in a situation where the average number of hours

during which our courts are sitting have been dwindling from

one year to the next. What measures will be put in place to

ensure the full functionality of not only these new courts

that are being rolled out, but also those that have been part

of the establishment up to now? Thank you.

The MINISTER OF JUSICE AND CORRECTIONAL SERVICES: Thank you.

Indeed, as you will realised that it is not only the

establishments of the courts that the resources have been put

forward for, but also the enhancements of those courts. The

Pal Ridge one is an enhancement, the Pretoria North one is an

enhancement and also the Durban one. This is an

acknowledgement of the challenges that these courts have

faced. These enhancements have helped those courts and are

helping these courts to be able to handle the matters that are

coming before them.

The issue of the court recording machines, as hon Horn is the

member of the committee is aware that there has been an issue

that seized the committee for almost the whole of last year

 

 

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including the department itself. As we speak now the matter

has been resolved to enable the court recording machines

across the country to do their jobs and not only in the

specialised commercial courts, but in all courts which had the

challenges of the court recording machines. We are hopeful

that we will be able to find a long-lasting and sustainable

solution so that the work of the courts is not disrupted but

they are able to function optimally. This include the

specialised commercial crimes courts where we expect that

matters that will also come through those courts from the

Zondo commission and other corruption related matters, are

able to receive priority as per the announcement of the

President during the state of the nation address.

We continue to monitor the challenges of the court recording

machines and attend to it everywhere it arises. But now that

the contract that would enable them to be maintained and be

kept in working condition is in place, we believe that the

problem will be resolved and the long-lasting solution will be

found. Thank you.

Mrs Y N YAKO: Thank you very much, House Chair. Minister, it

does not matter how many courts the country may have. But if

we still have poor investigative and prosecutorial capacity

 

 

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people will still get away with murder. Today, despite the

almost global condemnation of the corruption at Steinhoff, the

NPA still has no plans of charging Markus Jooste and other

corrupt white people. The NPA is seemingly very lenient to

crime committed by rich people such as Jooste. What plans have

you put in place to build the capacity to prosecute these sort

of crimes? Thank you.

The MINISTER OF JUSICE AND CORRECTIONAL SERVICES: Thank you

very much, hon House Chairperson. Again, the assertion that

NPA is looking at colour to prosecute crimes is unfounded. The

National Prosecuting Authority is guided by the Constitution

and the National Prosecuting Authority Act that they must

prosecute without any fear, favour or prejudice to anyone. You

would have seen in the previous week or two where they have

prosecuted the executives of Tongaat Hulett in the fraud case

that relates to the financial statements of Tongaat Hulett. It

is a crime where those executives are whites in majority. The

National Prosecuting Authority did not look at their colour.

They looked at the crime that has been committed and

prosecuted.

With regard to Steinhoff, they have updated the nation that

there is still ongoing investigation which is a prosecutorial

 

 

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investigation and is handled by the NPA. Soon they will be

able to update the country as to how far they are and what is

happening. We need to remind members here that even in the

German jurisdictions they did not just wake up and arrest the

people involved in the Steinhoff matter, but it took them

about five years to finalise that complex sophisticated

investigation. You will have also seen from the national

Budget from the National Treasury that the national Treasury

has given an additional budget of about a billion rand to help

the NPA in terms of its human resources. Also, ourselves we

are looking to help them with the various resources that they

need to capacitate them to do their job. From time to time we

allow the NPA to use section 38 of the National Prosecuting

Authority Act to be able to source the skills that they need

to prosecute the crimes of corruption and of white collar

crime that might be sophisticated where they need additional

skills and resources. From our perspective it does not matter

who committed the crime, weather is black, coloured, Indian or

white they must do their job in accordance with what the

National Prosecuting Authority Act says and what the

Constitution says - prosecute without fear, favour or

prejudice. The President has also said that there is nothing

that stops the law enforcement agencies from doing their job

 

 

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in line with the current reports that emerged from the Zondo

commission of inquiry. Thank you.

Mr F J MULDER: Thank you, hon House Chair. I heard what the

Minister said, but my question to the hon Minister is, could

the Minister explain to the House considering all the extra

measures that he mentioned to the House with the extra budget

and the extra capacity that has been created by the

department, what difference will it make seeing that the

department has not up to now succeeded in conducting a proper

court system and an investigating system? We all know that the

special investigating unit is already incapacitated and

underfunded as it is because of the fact that the departments

do not pay their bills. The hon Minister should explain to the

House; how will it be different this time around? Thank you,

Chair.

The MINISTER OF JUSICE AND CORRECTIONAL SERVICES: Thank you

very much. The difference is that there is now experience in

terms of capacitation, for example, the investigative

directorate. There is also a migration of a data centre from

the Zondo commission which will enable and help all law

enforcement agencies with the information that they need and

also the capacitation in terms of the forensic skills, digital

 

 

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skills and accounting forensic skills that are needed to deal

with these forensic gaps and kinds of crimes that are complex

and sometimes cross boarder and goes to multijurisdictions.

This is the kind of assistance and help that we continue to

provide to them to enable them to get these kind of human

resource and also financial resources from the National

Treasury as I have said.

We do believe that with the appointment of the skilled

personnel in the investigative directorate, ID, and also that

the head of the ID will be appointed soon. Also, all the heads

of other provinces that are not incumbent by court for the

National Prosecuting Authority will be appointed soon. This

will help to have much-needed guidance and leadership in most

of the prosecutorial matters that need decisions and that also

need guidance to some of the juniors that are coming within

the NPA.

The continuation of the aspirant prosecutor programme have

enabled the NPA to grow their own team from within. It enables

them to bring fresh blood and fresh mind and also to

reposition the National Prosecuting Authority again in the

life of legal practitioners in the country as an employer of

choice, as a pride of the nation and as anyone who would want

 

 

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to serve the rule of law to stand there and be a prosecutor of

the public. Thank you.

Question 49:

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-

OPERATION (Ms K C Mashego-Dlamini): Thank you very much, House

Chair. Our response to the question of the hon member Chetty

is that we have given loan to the Republic of Cuba in 2018,

which is R63 million with the interests accrued of

R1,366 million and that loan has been fully paid. The second

loan was granted last year 2021, which is R84,6 million with

the interests accrued of R1,7 million and the first instalment

of R9,9 million was paid in December 2021. Thank you, House

Chair.

Mr M CHETTY: Deputy Minister, clearly you are standing in for

Minister Pandor today because she has been reprimanded for a

comment regarding Russia invasion of Ukraine. Deputy Minister,

further to these funds your department ... [Inaudible.] ...

wisdom so it is fit to donate and it donated R50 million to

Cuba for food security as the Deputy Minister ... [Inaudible.]

... Was this donation in lieu of the fact that we still owe

Cuba for the redacted useless vaccines we purchased. Are you

aware that the hungry in Cuba has stabilised at 2,5% since

 

 

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2002, while South Africa is sitting at 12,9%. This is a total

misallocation and misdirection of funding. Deputy Minister,

this is the African Renaissance fund and not the African

National Congress cookie jar. In view of this, are you willing

to redirect this R50 million funding to assist with food

security here at home as charity leaders begin at home? If

not, why not? Thank you.

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-

OPERATION (Ms K C Mashego-Dlamini): Thank you very much, House

Chair. Well, the hon member has asked about the loans that

we’ve granted the Republic of Cuba. He never asked us about

any donations, that’s a new question according to me. He has

got a full right to write a question about how much donation

we’ve given to the Republic of Cuba. Therefore, as it stands

he speaks about a R50 million which was announced today in

Cuba which I’m sitting here in South Africa and I never heard

that announcement, but I will follow it up because as we work

as the Ministry we have got our responsibilities differently.

Therefore, now I will check what is it that the hon member or

the hon Deputy Minister has announced. Up to so far I wasn’t

even aware that there is that announcement because that is not

part of my responsibility for that country. Thank you very

much, hon House Chair.

 

 

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Ms B SWARTS: Thank you, House Chair. Hon Deputy Minister, the

practice and culture of states providing support to other

states including financial assistance in the form of loans to

another country or countries is normal practice in diplomacy.

Can the Deputy Minister share with the House the kinds of

support that our country received and continues to receive

from other countries including from Cuba? Thank you, House

Chair.

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-

OPERATION (Ms K C Mashego-Dlamini): Thank you very much, House

Chair. The hon member is correct that it is a normal practice

that to give loans because these are loans that are paid back.

However, definitely there’s a lot that we are benefiting from

Cuba since 1996. Then I think the hon members are aware that

we’ve received 96 Cuban doctors that were sent to us in line

with our South Africa-Cuba relations which serves as an

exemplary model for South-South co-operation with a numerous

governments and government agreements governing the co-

operation in the areas of training, health services, human

settlement, technical exchange, science and technology, public

works technical assistance, co-operation on water resource

 

 

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management and water supply and on professional services in

the field of basic education.

I want to remind members that recently in April 2020, there

was medical brigades that was sent to South Africa for 12

months, 217 brigades and medical practitioners to come and

help us on the issues of coronavirus disease, Covid, response.

Therefore, those are the doctors that have got expertise from

Cuba. Therefore, there’s a lot that we are receiving from

Cuba. We also have got 19 Cuban curriculum specialists

deployed here in South Africa in the Department of Basic

Education. They are throughout the country: Gauteng, Free

State and Eastern Cape. They’re helping our teachers and our

students on issues of mathematics and science and technology.

We also have got an agreement and we have received 25 Cuban

engineers who are helping us on water and sanitation in South

Africa, and they are throughout the provinces. I think, hon

members, all of them are aware that because of the

contribution of the Cuban doctors and Cuban technical people

that came to South Africa, we are able to render services that

the hon member is saying of the R50 million that will

disadvantage the service delivery in South Africa. However, we

are getting a lot from Cuba, in particular, in terms of our

co-operation with them. Thank you very much, House Chair.

 

 

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Ms H O MKHALIPHI: Thank you very much, House Chair. I will

take the question, it’s Mkhaliphi. Deputy Minister, taking

into account the history the country has with Cuba and the

great sacrifices Cuba has made for our freedom, what forms of

tangible support have you made available to Cuba over the

years? Why have you not use whatever diplomatic ways you have

to persuade the United States, US, to leave the evil economic

embargo it placed on Cuba because of ideological reasons?

Thank you, House Chair.

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-

OPERATION (Ms K C Mashego-Dlamini): Thank you very much, House

Chairperson. Well, as I have indicated that there is a lot

that we are interacting with, with Cuba, and there’s lots of

help and even pre-democracy Cuba has been on our side.

However, the issue between Cuba and America are issues of two

countries, but the discussions amongst them is the discussion

that belongs to them. However, our support to Cuba really is

not that we want to be enemy of America, but we are supporting

Cuba because of the relation that we have which is called

South-South relations that we have with Cuba. Thank you very

much, House Chair.

 

 

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Mr M G E HENDRICKS: Thank you very much, House Chair. Hon

House Chair, after all that Cuba has done for South Africa I

would like to know if the Minister will support that the loan

be written off so that it shows our genuine appreciation for

what Cuba did and that led to our liberations. Thank you very

much.

The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-

OPERATION (Ms K C Mashego-Dlamini): Thank you very much, hon

House Chair. Well, loans are governed by our financial

legislation, hon member. Therefore, if it is loan then that’s

the agreement that we have with Cuba and have exercised a good

commitment on the previous loan that we have given. Therefore,

we hope that they’ve got capacity to pay back the loan. They

never ask for anything than the loan. Therefore, if ever

there’s any gesture that you can do to Cuba, I think the

country will decide on whatever gesture that you can give to

Cuba. Of course, they have helped us. Thank you very much,

House Chair.

Question 3:

The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: House

Chairperson, firstly, I want to correct what I said earlier on

and state that the Head of the Investigating Directorate, ID

 

 

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has now been appointed by His Excellency the President. So,

the capacity will be enhanced.

Enhancing the capacity and skills of the National Prosecuting

Authority, NPA to effectively prosecute corruption is a

national priority. The nature and extent of alleged corruption

described in the Zondo Commission Report highlights the need

for bold and innovative approaches to enhancing the capacity

and skills of the criminal justice entities including the NPA.

These are complex crimes that require sophisticated response.

In this regard, the NPA was allocated additional budget of

R1,1 billion over the 2022 Medium-Term Expenditure Framework,

MTEF period as follows: in 2022-23, the allocation is R422,7

million; 2023-24, the allocation is R327 million; and 2024-25,

the allocation is R342 million. Sixty-eight per cent of the

allocation will be used to enhance the capacity of the NPA

through additional staffing in the following units: The

National Prosecutions Service, NPS, 700 aspirant prosecutors;

the Asset Forfeiture Unit, AFU, 17 senior state advocates;

Office for Witness Protection, OWP, 12 protectors; and the ID,

91 investigators and prosecutors.

 

 

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Despite this additional funding support, the fiscus will never

have enough funds to meet the demand on the prosecutors in

light of the findings of the Zondo Commission. The NPA has

identified the need for an additional R1,2 billion in the 2023

MTEF period. The NPA is engaging the National Treasury to

explore options on how to appropriately utilise private donor

funding and in-kind support without undermining its

independence.

The NPA will ensure accurate and transparent donation-

reporting and will establish donor-funding oversight committee

as a further governance structure. The National Treasury and

the Director-General, DG of the Department of Justice are

working closely with the NPA to establish the said oversight

committee. All cash donations will be managed through the RDP

funds through the National Treasury processes. The RDP funds

can be used to support any request from the broader criminal

justice system.

In addition to more skills and capacity, we will be providing

the required tools of trade needed to deliver on their

important mandate critical to the success of the strategy to

address corruption and in the appointment of suitable senior

 

 

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counsel to support the prosecution in high-level complex

matters.

There has also been a steep increase in the need for expanded

witness protection due to the threatening or sometimes killing

of whistle-blowers. The President has also appointed Adv N

Somaru as the Director of Public Prosecutions in the Free

State, Bloemfontein; Adv M R Makhari-Sekhaolelo as the

Director of Public Prosecutions in North West; Adv N Bell as

the Director of Public Prosecutions in the Western Cape

division.

This is a clear commitment and demonstration of this

government in capacitating the National Prosecuting Authority

and giving it the relevant support and skills to do its job

without any fear, favour or prejudice. Thank you.

Mr S N SWART: Hon Minister, arising from your response, it’s

shocking that only R106,4 million was allocated to the

Investigating Directorate within the NPA during the current

financial year. We, as the ACDP welcome the additional funding

considering that the Zondo Commission made scathing comments

that the NPA’s failure to respond adequately or at all to the

challenges of state capture corruption points to a fundamental

 

 

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failure of a sovereign state function. So, we appreciate that

very serious steps are being taken to enhance the capabilities

of the NPA and the Investigating Directorate, and we support

the appointment of the new Head of the Investigating

Directorate. Thank you for correcting yourself in that regard.

However, hon Minister, you indicated that the NPA still

indicated a shortage of R1,1 billion. So, clearly, given the

large number of cases referred to it by the Zondo Commission,

they will not have the capacity to deal with all the matters.

Will the hon Minister support those requests for additional

funding from National Treasury to ensure that successful

investigations and prosecutions, together with the private

sector, are instituted in terms of the Zondo Commission

recommendations?

The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Thank you

very much for those words, hon Swart. We always gain a lot of

insight from your inputs. And as you have said, you have

raised this issue in the previous financial year, hence this

response to capacitate the ID and all the relevant

institutions.

 

 

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Whilst the capacitation has been on a very large scale, as you

have said, but there is still a need, as I have said earlier,

for more funding. Hence, we are exploring the issue of the RDP

Fund which is there in government in a form of the current

Solidarity Fund that we have used during the crisis of Covid.

It is clear that we may need a fund of that nature.

Hence, we are looking at the RDP Fund with the National

Treasury because of the volume of work that will definitely go

to all the law enforcement agencies and not only the NPA

because, as you are aware, it’s almost like a relay effect

from an investigation by the police or the SIU, to the NPA and

the justice system, the courts and later the correctional

service. So, that whole value chain needs to be capacitated to

be able to respond adequately to this.

I can assure you that we are exploring all the avenues with

the National Treasury. We are also cautious because, with all

the avenues that we need to explore in terms of the RDP Fund

and or any kind of donor funding that may end up coming into

the space, we need to ensure that the independence of the NPA

which is sacrosanct is or may never be compromised. Whatever

happens must still be within what the Constitution allows in

terms of the independence of the NPA and the NPA Act. Hence,

 

 

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this task becomes a bit complex when engaging with the

National Treasury, the Department of Justice and also the NPA

itself.

One of the mechanisms, as I have said, is to look into some

kind of an oversight committee which will ensure that whatever

might happen, it is still in line with Act so that we don’t

have fall-backs and all the matters are handled properly

including the finances that are intended to help the NPA. You

can rest assured that, the fact that we have engaged with the

National Treasury to have additional funding is a clear

political commitment from this government that, we want to

support the work of the NPA, the ID in particular, and also

all the law enforcement agencies to be able to follow through

and implement all the recommendations of the Zondo Commission

of Enquiry. We will continue to do so. Thank you.

Ms N H MASEKO-JELE: Minister, thank you very much. You have

already answered my question partly. Indeed, the Zondo Report

will present an opportunity to many aspirant prosecutors and

young legal practitioners who have joined the legal

profession. So, my question to you, Minister, is: Has the

department considered ways and means of empowering these young

 

 

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practitioners in the implementation of the Report? Thank you,

Chair.

The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Yes, we

have. Hence, there is aspirant prosecutor training programme

and there’s also continuous trial advocacy within the NPA, and

sometimes using the Justice College to continue to empower

these prosecutors who are coming up within the ranks of the

NPA. But also, an on-job training of matching the young and

skilled with experienced prosecutors.

We have also emphasised to the NPA and the State Attorney

that, where they use section 38 or even if it’s internal

within the NPA, the parties involved in any matter must

reflect the demographics and diversity of our country. The

previously-disadvantaged individuals and in particular, black

practitioners, must also be given a fair opportunity to handle

very complex and forensic matters so that we are able to also

empower black practitioners in this space to gain skills and

exposure. The mixture and diversity can always enhance the

work of any law enforcement agency where there are skills

coming from different backgrounds and demographics. Thank you.

 

 

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Mr W HORN: Minister, given your admission, which is of course

quite correct, that the fiscus will never be in a position to

supply the funds needed to deal with the number of cases which

will come from specifically the Zondo Commission; and given

the fact that the Investigating Directorate has a lifespan of

only two years left; and your response to the previous

question that, from time to time, section 38 may be employed

by the NPA to source critical expert skills, would you not

agree that the time has come to allow, in line with the donor

fund, for section 38 to be employed in order to really address

prosecutions coming from the Zondo Commission? Thank you,

House Chair.

The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Indeed, as

we speak now, there are prosecutors that I have approved as

the Minister in terms of section 38, who are currently doing

the work for the ID or for the NPA. Hon members would have

seen some of the senior practitioners who are practising in

their own right handling matters. Some of the matters have

been on television for the past two or three weeks. There have

been many Senior Counsels who have, as we speak, been working

and helping the work of the ID on these complex matters and in

some aspects of the NPA.

 

 

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From time to time when the NPA does come to us, where funds

are available and also confirmed by the National Treasury, we

approve the section 38 skills as per what the Horn says. We

continue to do so and help them to be able to acquire these

skills. The issue that he has also said, although not as a

question, about the lifespan of the ID which will expire in

the next two years, indeed, that is also an issue we are

currently considering because it is clear that these matters

will go beyond two years. So, we will need a structure that is

going to evolve organically into a permanent structure to

handle these matters as we move forward, including some of the

corruption matters.

We are also looking at what has come as a recommendation from

the Zondo Commission in terms of procurement corruption

institution. So, we are looking at all those factors to see

what then should be the permanent structure that must handle

all these matters going forward. It’s something at the top of

our minds and we intend that, by the time the President comes

to Parliament to report on the recommendations of the Zondo

Commission, he also brings the recommendation as to what we

are going to do with the permanent structure in this regard.

Thank you.

 

 

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Mrs Y N YAKO: Mr Lamola, the extent of crime identified by the

State Capture Commission is wide and debilitating. That

notwithstanding, it is possible to agree that it is only the

tip of the iceberg; and that our country is still being mopped

dry even today by criminal networks that go very high in our

government. How will you ensure that the NPA does not lose

sight of criminal networks currently active in the country,

capturing the state and laying our public resources to waste?

Thank you, House Chair.

The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Although it

is kind of a vague question, I’ll try to respond ...

[Interjections.]

Mrs H O MKHALIPHI: Please, answer the question!

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon Mkhaliphi,

please don’t do that!

The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Indeed, it

is a vague question but I’ll make an attempt to respond. This

government is committed to deal with PPE corruption that

emanated during the Covid-19 situation and I have reported

here that all the courts that President said we were going to

 

 

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establish, have been established. People in very senior and

high ranks have appeared in those courts.

The Special Investigating Unit and also the Special Tribunal

have taken monies to the tune of millions of rand back into

the fiscus, which is a clear commitment from this government

that there must be no corruption that goes unnoticed,

unpunished and unattended to. So, all the issue that come to

the fore are attended to without any fear or delay.

Hence, you would remember that all the procurement issues that

emanated from the PPE scandal were also put also put into the

National Treasury website where anyone could scrutinise who

did what and how did it happen. It was the first of its kind

and at the highest level of transparency. So, there is no one

who is hiding anything from the government that is led by

President Ramaphosa. He wants to see transparency.

He wants to see people of South Africa getting value for their

money. If the money is meant to build a bridge, that money

must build the bridge. If money is intended to build a school,

that money must build the school. That is what the President

wants us to do. He also emphasised that through the accounting

 

 

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officers in various departments and also the Auditor-General,

AG, we must work more on preventative measures.

Preventative measures must be put in place so that there’s no

money stolen because to deal with the prosecution and get back

the money is more expensive than prevention. So, the focus has

also been emphasised that there must be preventative measures

and prevention of corruption so that it does not happen.

People must get value for their money. Where it has happened,

it must be punished. Thank you, House Chairperson.

Question 27:

The MINISTER OF DEFENCE AND MILITARY VETERANS: House Chair, we

can confirm that all the Heberon alpha-2b drugs that were

stored at the South African Military Health Services depot was

returned to Cuba on 22 January 2022. We further confirm that

all the vials were delivered and accepted by the Cuban

officials. We have no report that any of the vials expired in

our hands or on arrival in Cuba.

This consignment left together with the routine flight

transporting the Cuban specialists and technicians on their

annual vacation to Cuba. On their way back, the same flight

brought back the South African students for their break at

 

 

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home. The use of this routine and scheduled flight saved the

department the cost of chartering a special flight to Cuba. I

was also asked how much it costs. That flight that was

scheduled to take the Cubans home costs R11,5 million.

On the second question, the vials, we will remember, were

returned because the ministerial task team as well as the

Auditor-General recommended that we must return it. We must

also note that, at the same time, the Cuban embassy had sent a

note verbally that they urgently needed 500 000 for their own

use for their citizens.

Lastly, we still engage with the Cuban government on this

transaction, because you will remember that we received more

vials than what we had paid for. When that is worked out, we

will come back to the House and to the members to say whether

we still owe any or not and how much. At this moment, this is

as far as I can go. Thank you.

Mr V C XABA: House Chair, Minister, given the extent to which

the South African National Defence Force, SANDF, repatriated

the drug, as per the recommendation of the ministerial task

team, did the events leading to the repatriation of the drug,

including the repatriation of the drugs damage the country-to-

 

 

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country relations, and has the Minister conceded putting in

place a plan to repair the relations? Thank you.

The MINISTER OF DEFENCE AND MILITARY VETERANS: We have indeed

considered ways to continue with the cordial relations between

Cuba and South Africa. We will remember that, in fact, Cuba

did not offer us the drugs, but the South African Medical

Health Services approached using the provision that a Chief of

the SANDF can and must protect the force. Given the fact that

this particular inclusion of the provisions for the Chief of

the SANDF has never been tested before in this country, I

think, it is something that we must explore.

Using that provision, the SANDF then approached the Department

of Health and the South African Health Products Regulatory

Authority, Sapra, to facilitate. We also know that the

relationship must indeed be cured because when SAPRA gave the

SANDF permission to take 10 vials out of that consignment for

voluntary testing, they took those 10 vials and gave it to a

soldier who was very sick with Covid-19 and who could have

died. He took a risk and that man is walking around.

So, the drug and the reason we need to work on curing this

relationship is important, because, indeed, the drug was not

 

 

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useless. We do not know the extent of how useful this would

have been had the processes within South Africa not been too

convoluted in terms of the request to Sapra and the Department

of Health and had all of these been done. And I am not

speaking on behalf of the SANDF and I am not casting

aspersions here. But, if you follow the timelines when the

request was made and when the responses were made, we would

then have been able to say to hon Chetty, indeed, the drug is

useless. However, at his point, hon Chetty, we cannot say that

the Heberon is useless. As South Africa, we just don’t know,

because that drug was not given the chance to go through the

tests within this country.

So, yes, we are looking at ways, so that, in the future, we do

not have an issue that when anything that comes from the

Western countries, it is not rejected, simply because it comes

from those who were with us in the trenches. Thank you.

Mr S J F MARAIS: Chair, Minister, the smuggling of the

mentioned Cuban drug with more than R240 million is

embarrassing and wasteful beyond imagination. The findings by

the AG and SAPRA corroborate the fraud and transgressions by

the SANDF of every conceivable medicine import law and

regulation. Last year, you stated the heads must roll and that

 

 

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those responsible must be held accountable, based on the

relevant legal transgressions. So far, nothing has happened.

Minister, will you commit yourself today again that whoever

was complicit and part of the illegal and fraudulent decisions

and activities, irrespective, if they are the current or the

previous military command council members and if prima facie

evidence exist, even your predecessor, will be held

accountable and charged accordingly, or will the politically

connected enjoy impunity? Thank you.

Afrikaans:

Die MINISTER VAN VERDEDIGING EN MILITêRE VETERANE: Mnr Marais,

ek dink u is voorbarig, ...

English:

... because there is a question that deals with that, but I

will respond right now. Yes, indeed, I said that heads will

roll. When I respond later, I will reassert that those who

were responsible, will face the disciplinary measures within

the department.

However, I am also saying that had the process been fair and

timeous, we might not have been where we are today, where we

have to take the members of the SANDF, who, in their own

 

 

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thinking, were panicking and were trying to protect their

troops into this.

As to whether it was smuggled, that is where the disciplinary

code, DC, is going because then we accept that they should

have applied to bring the drug in.

So, no, we are not going to protect anybody. I don’t know what

happened there. That report is pointing us as to who must be

brought in front of the DCs, whether they are in the DOD, in

the military or whether they are civilians or in any other

department. We are going after that. So, nobody will be

spared, simply because they are privileged. Nobody is

privileged.

We are saying that maybe, just maybe, sometimes, this country

must not just respect Western countries, it must respect any

other country ... [Applause.] [Inaudible.]

Mr W T I MAFANYA: Hon Chair, hon Minister, we have been seized

of this matter for quite a long time and we all agreed that

this was illegally done. We need to know who gave the

authorisation that those drugs should be imported into the

country. As the Minister says, she is seized of the matter. We

also want to know who gave authorisation for the drug being

 

 

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taken into the country illegally, and what the Minister is

going to do about it. Partly, the Minister has answered that,

but I would like to get further clarity on that. Thank you.

The MINISTER OF DEFENCE AND MILITARY VETERANS: Hon Chair, yes,

indeed, this matter has dragged and that was because we were

waiting for the ministerial task team to finish their

investigation. You will also remember that, when I first came

in, a draft report was given and we now have that report. That

report will take members into DCs and that report also says

that we need to follow up on people other than just those who

were involved.

I cannot name people here right now, because I did not come

here with a list of names of all implicated, but I can assure

you that nobody who did anything that was not properly and

timeously authorised will be left out.

I beg the House’s indulgence to get time to process those

names and whatever before I can publicise it. Thank you.

IsiZulu:

Inkosi R N CEBEKHULU: Ngiyathokoza Sihlalo, Mhlonishwa

usuyibeke yacaca le nto. Umbuzo wami nje usuzoba mfushane

 

 

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ngoba kuyacaca ukuthi le mithi yalethwa la kugwenywe

inhlangano eqondene nokubhekela ukungeniswa kwemithi yeZempilo

ngaphakathi ezweni. Mhlawumbe umuntu angabuza: Kwakungani

ukuthi uphume ngemuva lo muthi ubusubonakala ngaphakathi bese

bekwazi ukugxeka laba ababhekele inhlangano i-South African

Health Products Regulation Authority bayigweme ukuthi ingene?

Ngiyathokoza.

English:

The MINISTER OF DEFENCE AND MILITARY VETERANS: Chair, I did

not get the last part properly.

IsiZulu:

Ukuthi ingene kanjani, ngiyacela ...

English:

... indulgence, just so that I respond accordingly.

Inkosi R N CEBEKHULU: Chair, the fact is that this medicine

was brought in by passing the authority, which is responsible

for the approval of any medication that comes into South

Africa. The question is as simple as that: Why were they

brought in behind the authorities?

 

 

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The MINISTER OF DEFENCE AND MILITARY VETERANS: Hon House

Chair, that is exactly the basis of the case why there was not

patients to get the authorisation and who had given that

authority. That is what the disciplinary action will be

address. That is why I was asking the House to indulge, so

that I don’t blather out people’s names without taking proper

legal advice on that.

However, that DC is just centred on that particular case, on

the illegal bringing-in of the drug, because had the processes

been followed, we might have had Sapra saying that it is not

good or that it is good, and if it is good, to go ahead and

procure. And we might not have been here. Thank you.

Question 1:

The MINISTER OF POLICE: I hope my permission of talking while

sitting still stands.

The HOUSE CHAIRPERSON (Mr M L D Ntombela): It still stands,

hon Minister.

The MINISTER OF POLICE: Thank you. in terms of section 64E of

the South African Police Service Act, Act No.68 of 1995, the

functions of a municipal police service are; traffic policing;

 

 

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the policing of municipal by-laws and regulations that are the

responsibility of the relevant municipality and the prevention

of crime. And a municipal police service does not have a

legislative mandate to conduct a criminal investigation or to

gather intelligence information. Thank you.

Mr B N HERRON: Thank you, Chairperson, and thank you,

Minister, for the answer. And I think the answer is clear and

always has been, Minister, that a unit that is not established

within a municipal police service as both the City of Cape

Town and the Western Cape MEC or former MEC - he was fired

yesterday – claims this unit is not part of the municipal

police service but it is gathering crime intelligence. It is

engaging with foreign police services, for example, the United

States, the Federal Bureau of Investigation, FBI. It is

engaging with Interpol. It is doing profiles on notorious

organised criminals in the Western Cape and Cape Town, where

they are profiling these individuals in a city where organised

crime is increasingly a problem.

And, Minister, we know that organised crime relies on

connections between gangsters and criminal networks and police

units and rogue police officers. So where we have a highly

organised crime prevalence in our province and our city, we

 

 

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have a rogue police unit acting parallel to the police service

or the Hawks, like some sort of third force conducting

criminal investigations that it has no mandate to do, and

engaging with the FBI and Interpol. So, Minister, how are we

to crackdown on organised crime when the head of this unit is

currently being prosecuted for exactly that, tampering with

police dockets in order to hide evidence to prevent

prosecutions from taking place when he was a police officer in

Witbank?

We have, in Cape Town, a rogue police unit that could be

aiding and abetting crime in this province and this city. And

it is going, carrying on unattended. So, Minister, what are

you going to do to shut this unit down or make this unit a

municipal police service that is accountable, at least, to the

MEC for Community Safety and this Parliament? Thank you,

Minister.

The MINISTER OF POLICE: Eh! Ja-neh! Chairperson, there’s no

doubt that some elements of the government either provincial

or local have been constitutional delinquents in the Western

Cape. No doubt about it. They've been constitutional

delinquents. But we have a responsibility for integrated

governance. As you have said, hon member, one has gone through

 

 

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this. We have decided to take an easy way, a soft landing way.

The Minister of Police, with the management of the police, we

have met with the premier of this province and the mayor of

this city to say, but this can’t be.

By the way, intelligence work is highly regulated. There are

three entities that are allowed by the Constitution to do

that. If there is any deviation from those three which are the

police, defence ... and it is written that only the President

can do that deviation and appoint a person. No premier, no

mayor, no nobody can do that. So we have met. There are ways

of increasing the capacity of the city which we will welcome.

But the City of Cape Town, together with the province, they've

put R1 billion extra by bypassing the legal structures. For

instance, if they've taken this law enforcement and all these

people and put them in the metro police, which falls under all

laws, like the Independent Police Investigative Directorate,

Ipid, like the Secretariat, like Gauteng, Durban, Tshwane and

Ekurhuleni. But they have decided to bypass that and do they

have something that they call the Safety and Security

Investigation Unit, SSIU. I only know one, the Special

Investigative Unit, SIU. They have theirs. They have

intelligence collection. That unit you talked about is a unit

 

 

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of 59, headed by a person who himself is getting arrested and

disappearing in court.

So you can’t have a special unit that has all illegal powers

headed by a person who himself is supposed to be appearing in

court and all that. But, as I have said, the premier, the

Minister of Police and the mayor have agreed that our legal

departments, led by advocate Chamane on my side, will come

together and brief us in the shortest possible time to say,

these things are illegal, stop them. Should they not stop

them, we will take it from there. But we didn't want to use

the hammer on this one although I understand there is a lot of

illegality. We didn't want to use the hammer. We have used

this soft approach. We hope everybody will be part of it and

it will be resolved peacefully and amicably. That is the

answer. Thanks.

Mr A M SEABI: Thank you chair and thank you, hon Minister, and

let me acknowledge your answer. Minister, having heard what

you have said as an answer to the question. What is your view

or attitude towards municipalities having, as one of their

functions, the gathering of intelligence, and whether such a

function at the municipal level is in the interest of the

Republic of South Africa? Thank you, Chair.

 

 

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The MINISTER OF POLICE: Chairperson, partially that has been

answered. There is only one municipal police that has grabbed

that capacity for itself beyond the Constitution, it is the

Western Cape, it is Cape Town only. And there are other things

that, as I've said, they could have done things in a proper

way like the Constitution and all that says. For instance,

metro police, in this city, there are only 694 but in the so-

called law enforcement, there are 2 017. So, yes, they are

bypassing the law. For instance, law enforcement does not fall

under the Ipid. So they have no structure that they fall under

to be able to ... [Interjections.] ... No, there is no

structure. That's why, when a member of the law enforcement

here gunned down a member of the SA Police Service, we had a

problem. They gunned down a member of the SA Police Service

these law enforcers here. And we had to run around like

headless chickens trying to find out which structure that will

... Thank God those have been found guilty. But not only that,

they, again, just repeated this a few weeks ago. They have

gunned down another person on the street. So they tell you

that are rookies and that is how they behave. That's why we're

calling on both the province and the municipality here to fall

within the law and pursue these things. We do agree, put money

and let’s together to reduce the crime and all that, but you

 

 

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are not going to reduce crime and all that but you are not

going to reduce crime by breaking the law. Thanks.

Maj Gen O S TERBLANCHE: Chairperson, you know, it is quite

obvious that the hon Herron has got a lot of information and

hopefully between him as a responsible citizen, let alone a

Member of Parliament and the Minister, they are going to do

the right thing. It is clear that the hon Mr Herron and his

GOOD party do not want the DA to succeed in the Western Cape.

Now, in terms of section 64E (c)of the Police Act, the

prevention of crime is also one of the functions of municipal

police service. Now, Minister, would you agree that effective

crime prevention inevitably necessitates a certain degree of

crime intelligence gathering and investigation of criminal

cases, especially in our country where the national police

service is failing dismally? Thank you.

The MINISTER OF POLICE: House Chairperson, this question is

even worse because it comes from a former police officer. It

comes from a former police officer that is supposed to

understand and uphold the law which he should have learned and

read his Constitution as to how these things are there. He was

not just a police officer he was a general and he should

 

 

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understand. But I am not here to correct the general, a

general that was crooked himself. And he knows what he left.

He knows what he left all the way and all that kind of stuff.

[Interjections.] So I will just end there.

Mr D BERGMAN: Chairperson, on a point of order: The Minister

has just cast an aspersion on one of our members. He knows the

right procedure. [Interjections.] He said that a ...

[Interjections.] ... let everybody settle. I’m not going to

advertise what he said. [Laughter.] [Interjections.]

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Thank you, hon

member. Hon Minister, could you please withdraw that? I heard

that myself, so that we can continue.

The MINISTER OF POLICE: When I am done, by the way, this

member that is talking was a member of the supply chain

management and he left too many police stations not built. He

was moving all the ... [Inaudible.] ... trying to find ...

[Interjections.] ... [Inaudible.] ...

Maj Gen O S TERBLANCHE: You have built none at the moment.

 

 

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The MINISTER OF POLICE: ... and fix things there. Thank you

very much, Chair.

Mr H A SHEMBENI: Chair, yeah, I am partially answered by the

Minister. But according to section 205, 206 and 207 of the

Constitution makes it clear that policing is a national

competence and that no policing function should happen outside

of these constitutional prescripts. While the municipalities

are allowed to have their so-called law enforcement, this must

never rival the work of the SA Police Service, SAPS.

The City of Cape Town has been attempting to federalise

policing for a while. Why have you allowed this to happen?

What risks are there for a municipality as ideologically

regressive as the City of Cape town is to have their own mini

police rivalling the SAPS, Minister? Thank you.

The MINISTER OF POLICE: House Chairperson, not only that, they

are causing trouble. For instance, there are many places where

the SA Police Service members come after they've shot people,

especially these law enforcers that are much bigger than the

metro who are supposed to be legal. They are not used for

crime prevention in the African areas. They are used to push

people ...

 

 

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IsiZulu:

... babakhiphe lapha, babakhiphe ...

English:

... and all of that. That is their thing. In several places

where they go and start trouble, by the time the SA Police

Service who are trained as the Public Order Police, POP, to

deal with the people on the ground, they come too late when

the trouble has come. You know what happened to that naked man

that was taken and paraded naked. That was not the police.

Those were the very same law enforcers who tell you that they

have no human understanding. There's no human respect.

This is the call we are making. Let us sit down and correct

these things otherwise, we're not going to have the Republic

of the Western Cape here where they are doing things that

they're not supposed to. Maybe you are correct, hon Shembeni.

[Applause.] The members here must help this province by

reading sections 205, 206 and 207, they will understand what

the Constitution is saying. As I said at the start, they are

constitutional delinquents when it comes to this one. Thanks.

 

 

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Ms S GWARUBE: House Chairperson, I have a point of order. You

had made a ruling about two minutes ago where you asked the

hon Minister to withdraw his aspersions that he had cast on a

hon member. He did not do so. And he knows that the correct

procedure is to bring in a substantive motion, which he has

not done. So please could I ask that that be enforced?

The HOUSE CHAIRPERSON (Mr L M D Ntombela): I will make a

follow up on that, hon member, because I've already passed

that. But I'll make a follow up on that so that the

appropriate action is taken and followed. Thank you very much.

Question 32:

The MINISTER OF POLICE: Chairperson, the answer is not very

short but not too long either. There has been a recent spark

in multiple murders in the Kwazulu-Natal Province. The SA

Police Service Provincial Commissioner in KwaZulu-Natal, has

established a task team to deal with investigation of the

multiple murders The task team is based at KwaZulu-Natal SA

Police Service Provincial Office and is led by the senior

officer. All the multiple murder cases dockets have been

centralised to the office of the provincial commissioner for

investigation and monitoring. The investigating team leader

presents progress on the investigations to the KwaZulu-Natal

Provincial Commissioner on the monthly basis.

 

 

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A total of 189 suspects have been arrested since April 2021,

and several firearms were also recovered during this period.

Bail is opposed with regards to all the arrested suspects. All

the ceased firearms are sent to the SA Police Service, SAPS

Forensic Science Laboratory Ballistic Section for testing and

linkages to the crimes. The KwaZulu-Natal Provincial

Commissioner is closely monitoring progress made in the

investigation.

The following preventative measures have been implemented by

the SAPS to ensure the safety of the communities and

preventing KwaZulu-Natal from becoming a blood field where the

people die in numbers. The crime trend analysis and the crime

pattern analysis are analysed to identify hotspot areas.

Hotspots are patrolled by means of high visibility blue light

patrol, stop and search operations are conducted to retrieve

weapons of choice and arrest offenders. Cordon and search

operations are conducted in problematic areas, eg hostels and

other hotspots areas. Informers are utilised to assist in

defined criminal groups. Crime prevention operations are

intensified in KwaZulu-Natal Province.

 

 

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A Drug and Firearm Task Team was established to focus on

specific crimes. Crime intelligence information is

operationalised. Awareness campaigns are held to educate

communities. Multidisciplinary operations are conducted. The

National Liquor Act is implemented to identify and close

illegal shebeens. Partnerships with private security companies

have been enhanced. Community policing forum structures are

enhanced at the district and police stations level. Sector

policing is effectively monitored. School safety patrols are

conducted during the peak times. School safety programs are

conducted when the schools are operational. The investigation

of gender-based violence and femicide crimes is prioritised

with a special team called ... [Inaudible.] Thank you very

much Chair.

Ms L N MOSS: Thank you very much Minister for your

comprehensive reply, it is very informative. For those who

don't understand it, I hope you took notes when the Minister

was responding to my question, because it is also for your

constituencies, you can assist your constituencies. Now, I

want to do a follow up on the implementation of the

preventative measures mentioned in part B. What has been the

situation on these measures’ ways to bring control? Thank you.

 

 

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The MINISTER OF POLICE: Chairperson for some reason we have

detected the increase of the abuse of drugs in the Province of

KwaZulu-Natal. The violence has increased in three spheres:

One is political killings that everybody knows about.

Secondly, it is these mass killings that are based on

criminality, mostly drugs and illegal firearms. Thirdly, it is

what happened in July where there were racial killings around

the place called Phoenix. We have formulated special teams to

respond on that one. The political killings led by General

Khumalo. This one of drugs, led by Colonel Ngcobo. The Phoenix

and surrounding racial killings led by Brigadier Cele. All of

them they have done a very good work. One good work on the

prevention is that they have arrested a lot of perpetrators.

As you see this 187 is only for those people that are linked

in drugs and illegal firearms, and then the 301 on the

political killings have been arrested in the province. Sixty-

nine plus 27 have been arrested, which is 69 in Phoenix and 27

in the neighbouring town of Verulam has been arrested.

So we believe that, should those people be arrested and be

sent to prison for a long time which will be part of

prevention, because most of them especially the political

killings are across the board. You find them killing for cash

heists, find the killing for taxi violence, killing for

 

 

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politics and killing for being thieves and all that. So, we

are working on these identified groups as prevention, but also

we are creating the visibility and quick response on these

matters and these areas. We are also enhancing working with

the communities as preventative measures. Thank you very much,

Chair.

Gen O S M TERBLANCHE: The Minister came out with a typical

shotgun approach, you know. Hopefully by now the murder rate

is quite a bit down and under control. Minister, can you maybe

tell us since your introduction of these measures that you

mentioned, this whole newspaper of them: What is the

percentage drop in the in the murder rate, in KwaZulu-Natal? I

also want a comprehensive answer. Thank you Chair.

The MINISTER OF POLICE: I don't think I heard him well on what

he said, but I heard at the tail end that: What is the

percentage of murder rate drop. It hasn’t happened

Chairperson. We are having the problem as I explained that it

has shifted, that is why we are coming with responses of

creating these units. But I have said that, we have a very

high rate of arresting these gangs and these people that are

killing people there. The more you put them in there, the more

of them doing life sentences which is quite as big number. We

 

 

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believe that working together with the other segments in

sending people to prison will help us. The police and the

prosecution working together will be able to bring these

murders and other general crime down, but the responses are

good and the responses continue to happen. Thank you Chair.

Mrs H O MKHALIPHI: Well, Minister the responses are not good.

You know very well that not everyone especially the Indians,

the thugs Indians who killed African people in Phoenix, not

all of them are arrested. Can you elaborate on that fact

Minister? Secondly, you know, the police stations such as

Amaoti do not resources to operate with, as well as the main

police station which is on Mtshebheni, which is a neighbouring

police station with Phoenix area whereby people we killed the

numbers. As a result, those people have to run back to Phoenix

where the racism is very high and they are not protected. Can

you elaborate on how many Indians so far has been arrested?

What are you doing to do to address the issue of resources in

Mtshebheni and Amaoti Minister? Thank you.

Mr D BERGMAN: Chair, on a point of order!

The MINISTER OF POLICE: Chairperson, in Phoenix we have

arrested criminals ... [Interjections.]

 

 

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Mr D BERGMAN: Minister please!

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Let us ...

[Inaudible] ... to the point of order. Yes, what is your point

of order?

Mr D BERGMAN: Chair, just in terms of how we address people

and populations, I think we must be fair. We have Indians that

live in our population. I think we owe them a debt of respect.

I think we owe everyone a debt of respect in South Africa. If

we may please address everyone correctly and politely. Thank

you.

Mrs H O MKHALIPHI: On a point of order Chair. To whom are you

referring?

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Wait hon

Mkhaliphi. Hon member, I have not detected any wrong so far.

Please you continue hon Minister. Hon Minister, can you

continue. Sorry about that.

The MINISTER OF POLICE: Chairperson, the two stations that the

hon member talks about, the Mtshebheni is one station that we

have given the new station commander and working around the

 

 

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resources. The Amaoti one, which is her ward, Ward 53 where

she comes from, we had a meeting at the very last Friday in

Ethekwini and it has been agreed that we will have to work

hard that, that station in the next 12/18 months, is built and

is fully functional and it stops to be the reporting station.

So, there are things that are happening there.

In terms of arresting, we have arrested criminals there, not

African, Indian or white criminals. We have just arrested

criminals ... [Applause] ... and they will be tried as such.

If somebody sees them as the hon Mkhaliphi is saying, that is

good for them, but the police deal with criminals. We identify

them much later if we need to, but we don’t... We just look at

the criminal and deal with the criminal. Thank you.

Mrs H O MKHALIPHI: On a point of order Chair.

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Yes hon Mkhaliphi.

Mrs H O MKHALIPHI: I am not answered. I had specific questions

to the Minister with regards to the killings, Phoenix killings

by Indians killing black people. I asked the Minister how many

Indian thugs have been arrested so far. Can you please answer

me directly Minister?

 

 

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The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon member, I think

the hon Minister has answered the best he could. I think he

has answered the question and what he had said so far with

regards to that particular case is enough.

Ms S GWARUBE: Sorry, on a point of order Chair!

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Yes, hon member,

what is the point of order?

Ms S GWARUBE: I think the point is that, to refer to an entire

group of people as criminals, is what we are saying is the

problem and is what we are asking you to rule on. The reality

is that; the hon member cannot talk about how Indians must be

arrested. The Minister has eloquently said that criminals must

be arrested. We are asking you to rule on the fact that we

can’t group an entire race group of people as criminals and

that that be allowed in this House. Thank you.

Mrs H O MKHALIPHI: On a point of order Chair.

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Thank you hon

member. May I respond to hon Gwarube. Hon Gwarube ...

Mrs H O MKHALIPHI: Chair, are you going to recognise my hand?

 

 

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The HOUSE CHAIRPERSON (Mr M L D Ntombela): I did, I did! I

will give you a chance.

Mrs H O MKHALIPHI: Thank you.

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon Gwarube has

raised an objection and I am addressing it. Hon Gwarube, on

the basis of what you have just said now, I will try to find

the best possible response to that. I will come back to you

with that. Hon Mkhaliphi, what is the problem?

Mrs H O MKHALIPHI: No Chair, we can’t run away from the fact

that black people were killed in July by Indians. That is a

fact. So, who killed those black people in Phoenix if it was

not Indians? It is a well-known fact in South Africa that,

Indians in Phoenix killed black people. We cannot come here in

Parliament and want to pretend as if those people were not

killed by Indians. [Interjections.]

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon Mkhaliphi ...

[Interjections.]

 

 

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Mrs H O MKHALIPHI: No one can intimidate me and call a point

of order here while our black people were massacred by Indians

in Phoenix.

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon Mkhaliphi! Hon

Mkhaliphi!

An HON MEMBER: Indians are also black if you didn’t know.

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon Mkhaliphi! Hon

Mkhaliphi! You are ... [Inaudible.]

Mrs H O MKHALIPHI: Indians are not black ...

Sesotho:

... wena semaumau.

English:

Indians are from India. That is why they ... [Inaudible] ...

you of your mentality. [Interjections.]

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon Mkhaliphi!

Information technology, IT could you please remove hon

Mkhaliphi. [Interjections.]

 

 

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AN HON MEMBER: Obscured by your red overall. [Interjections.]

AN HON MEMBER: Chair! Chair!

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon members, can we

please behave.

IsiZulu:

Nk N P SONTI: Uzosijwayela manje. Enzeni ama-ovaloli abomvu?

Enzeni ama-ovaloli abomvu? Niyasijwayela manje.

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon members

...[Inaudible.]

The HOUSE CHAIRPERSON (Ms M G Boroto): House Chair Ntombela!

House chair Ntombela! [Interjections.]

IsiZulu:

ILINGU ELIHLONIPHEKILE: Niyaqala manje! Niyaqala manje!

Mr N SINGH: Chairperson on a point of order!

The HOUSE CHAIRPERSON (Ms M G Boroto): House Chair Ntombela

there is a point of order in the House.

 

 

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The HOUSE CHAIRPERSON (Mr M L D Ntombela): Yes hon Singh, your

point of order.

Mr N SINGH: Hon Chair, I don’t think that we should be

allowing this kind of racism to prevail in our Parliament and

the hon Mkhaliphi knows that. The Minister responded to the

question and the usual practise is that, when a Minister

responds we accept his answer whether we like it or not. Hon

Mkhaliphi’s father by the way is an Indian. I just want to say

hon Chair we should move on because we are satisfied with the

answer that the Minister gave. Thank you.

Ms O M C MAOTWE: No they were Indians hon Singh.

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon Mkhaliphi! Is

that hon Mkhaliphi again? I had requested IT to ...

[Interjections.]

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon House Chair

Ntombela!

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Yes, hon House

Chair I am listening.

 

 

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The HOUSE CHAIRPERSON (Ms M G Boroto): Hon House Chair

Notmbela there is a point of order from hon Radebe in the

House.

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Okay hon Radebe,

but can IT please remove hon Mkhaliphi from the platform. I

have requested that. Hon Radebe, you can go ahead.

Mr B A RADEBE: Hon Chairperson, I was going to rise on a point

of order that: (1) You have already made a ruling on this

issue.

(2) We have to revert to the Constitution of this country

that, we cannot incite racism in this country. I think we must

come back on that one. Because the member is already out of

the platform. We must come back and rule on that because

really because it will all be constitutional delinquency if

you can allow that to stand up. Thank you Chair.

The HOUSE CHAIRPERSON (Mr M L D Ntombela): I have already said

hon Radebe that those kinds of comments are totally

unacceptable. We cannot use this platform that we have to hurl

insults or racial distortions. It cannot be accepted. I have

 

 

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ruled on that hon Radebe. Can we move on? We are supposed to

be... Where are we Table? Hon Chair, where are we? It was

supposed to be the last supplementary question by hon Majozi.

The HOUSE CHAIRPERSON (Ms M G Boroto): Yes, hon Majozi is next

hon House Chair.

Ms Z MAJOZI: Hon Minister, how many of the 12 000 new SAPS

recruits promised by President Ramaphosa in the 2022 state of

the nation address, will be deployed to KwaZulu-Natal? Please

provide full details as well as the timeline for their

deployment. Thank you.

The HOUSE CHAIRPERSON (Ms M G Boroto): Order in the House.

There is a lot of noise in the House now. Please allow the

Minister to respond.

The MINISTER OF POLICE: Thank you very much, this hon member

likes details. Chairperson, I did answer this question

originally asked by hon Whitfield about the deployment of

these ... We said most of them in this young group will be

absorbed by these special units, that’s what I said. For

instance, at the present moment, you've got 5 500 Public Order

Policing, POP in the whole Republic of South Africa. They are

 

 

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supposed to be 12 300. So if you look at it, even the whole

7 000 can be taken by POP alone.

They have a special task force that will have to recruit the

young blood because in those units as you grow, your body

begins to tell you that you don’t belong to this unit, your

National Intervention Unit, NIU, your Tracking Response Team,

TRT. Most of this group of people ... we must remember that

you joined the SA Police Service you must be 30 and young so

that so that you were able to fit in the high intensity of

response and the work that you will be doing.

Therefore, hon member Majozi, most of them are not going to go

to the province, they are going to be absorbed on the special

units. Those will be able to respond especially the unit that

all expects are saying and we need to improve on which is POP.

As we ever have been given the leeway of training going

forward, then we’ll begin to put them on the station level and

on the provincial level. Also, the population of provinces

does determine who gets bigger share of resources. We all know

that Gauteng is the most populous province followed by

KwaZulu-Natal and Western Cape. The distribution will be

according to what the Statistics SA will be telling us soon,

 

 

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so we are able to use those numbers for distribution of

resources around the country. Thank you very much.

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Thank you hon

members. Seeing that we will not have enough time for the next

category of questions, I want to announce that, the time

allocated for the questions has expired. Outstanding replies

received will be printed in Hansard. That concludes the

business for the day. The House is adjourned.

The House adjourned at 17:58.

 


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