Questions and Replies

Reply:

a), b), c) and d) 

Salary level	Average salary	Total amount spent 2023/24 FY	Projected amount 2024/25 FY @4.7%	Total number of employees per level
Salary level 1	123 741	2 075 022	2 172 548	17
Salary level 2	130 437	10 163 410 848	10 641 091 157	76 650
Salary level 3	159 879	10 034 049 885	10 505 650 229	63 144
Salary level 4	184 026	7 408 831 452	7 757 046 530	41 351
Salary level 5	216 876	40 887 824 397	42 809 552 143	188 044
Salary level 6	274 878	38 318 991 165	40 119 983 749	143 633
Salary level 7	327 819	101 020 256 001	105 768 208 033	306 173
Salary level 8	391 491	66 123 453 459	69 231 255 771	168 382
Salary level 9	462 972	43 982 077 263	46 049 234 894	94 775
Salary level 10	574 725	31 705 654 683	33 195 820 453	54 386
Salary level 11	811 560	28 567 475 706	29 910 147 064	37 066
Salary level 12	1 080 681	32 586 306 183	34 117 862 573	28 343
SENIOR MANAGEMENT SERVICE (SMS)
SMS - Salary level 13	1 232 289	8 449 071 954	Cost-of-living adjustment for 2024/25 FY not approved.	6 754
SMS - Salary level 14	1 454 487	2 943 025 932	Cost-of-living adjustment for 2024/25 FY not approved.	1 994
SMS - Salary level 15	1 738 656	1 111 268 202	Cost-of-living adjustment for 2024/25 FY not approved.	631
SMS - Salary level 16	2 158 533	260 590 709	Cost-of-living adjustment for 2024/25 FY not approved.	117

End

Reply:

1.National School Safety Framework
The Department of Basic Education (DBE) and Provincial Education Departments continue to implement the National School Safety Framework (NSSF), which is a guiding framework in addressing all forms of violent incidences in schools including drug abuse. The NSSF empowers schools to identify and manage all safety threats in schools, establish school safety committees comprising of stakeholders such as teachers, police officers, school governing body members and learner representative council members. Furthermore, The NSSF also empowers schools to develop incident reporting mechanisms, establish collaborations with external stakeholders such as the South African Police Service (SAPS), the Department of Social Development and civil society organisations, develop school safety plans and policies to respond to safety challenges of violence in schools for both learners and educators. Through the implementation of the NSSF, access control measures in schools are strengthened and awareness programmes on social ills by partner departments and civil society organisations are implemented in schools. 

2. Partnership Protocol between the Department of Basic Education and the South African Police Service 
The Department also has an established Protocol with SAPS to address crime and violence in schools. The Protocol has enabled all schools to be linked to their local police stations, SAPS to conduct searches and seizures in schools and conduct crime awareness campaigns in schools. Regularly, schools work with SAPS and local community police forums and social workers to address violent incidents such as gangsterism, bullying, drug abuse and the carrying of dangerous weapons in schools. Searches and seizures of illegal drugs and dangerous weapons are also done in schools. SAPS identifies hot-spot areas and inform the provincial Education Departments of such areas, this enables the department to procure metal detectors for schools in those areas. 

3. Life Orientation Curriculum
The  Department continues to implement  the Life Skills and Life Orientation curriculum in classrooms, which is the main lever for preventing violence in schools amongst learners. The DBE implements this Curriculum and Assessment Policy Statement annually and it covers the following violence related topics: bullying, drugs and substance abuse, gender-based violence and teenage pregnancy prevention.

4. Protocol For the Management and Reporting of Sexual Abuse and Harassment in Schools. 
The Department developed a Protocol for the Management and Reporting of Sexual Abuse and Harassment in schools which provides schools, districts and provinces with standard operating procedures/guidelines when addressing allegations of sexual abuse and harassment, and to specifically detail how schools must respond to reports of sexual abuse and harassment perpetrated against learners and school staff. It serves to ensure a safe, caring and enabling environment for learning and teaching, both inside and outside of the classroom. This protocol sets out an approach that enables educators and employees of the Department of Basic Education (DBE) to identify, intervene, report and provide support to all learners who are sexually abused or harassed in school, whilst providing an appropriate response to perpetrators of all forms of sexual abuse and harassment. It has been printed,  distributed and mediated in the sector. 

Reply:

Resource provisioning for schools, which includes resourcing for library and information services, is a function located in provinces. The Honourable Member is therefore advised to direct her question to the Members of the Executive Council. 

Reply:

Part (1) There is no such policy or action in the Department to hold children back or force learners out of school for good results. 

Part (2): Causes of the rise in school dropout

The question states that there has been an increase in dropping out of school. On the contrary, the DBE’s analysis of trends in the sector indicates that dropout rates (however defined) have been steadily reducing over the years. The graph below shows completion rates for grade 7 (measured using 16-18-year olds), grade 9 (measured using 19-21-year olds), and grade 12 (measured using 22-25-year olds), all of which have clearly been increasing over time. It should be noted that the slight decrease in grade 9 and 12 completion rates in the graph for 2022 are not statistically significant and therefore should not be interpreted as evidence of a declining trend. The clear trend over time is positive.

During the 2020 and 2021 there were concerns about the potential impact of the pandemic-related disruptions on dropping out. But it is now clear that school participation actually improved during the pandemic (with the exception of young children where we saw a slight increase in delayed entry into school). 16-18-year-olds, in particular, had higher attendance rates than before, and the NSC examinations of 2020-2023 achieved all-time records for the numbers of candidates writing, the numbers of NSC passes, the numbers of Bachelor-level passes, and the pass rate.

It is therefore difficult to answer a question about how the department responded to an increase in dropout when in fact there has been no increase in dropping out.

Completion rates for grade 7,9  and 12 over time

 

Source: DBE analysis of STATS SA General Household Surveys, 2002-2022

Reply:

The Department of Cooperative Governance has through the National Disaster Management Centre (NDMC) partnered with the South African Local Government Association (SALGA) and the Department of Forestry, Fisheries, and Environment (DFFE) to coordinate training targeting Councillors and Officials on issues of Disaster Management, Climate Change, and Environment. Through working with the Department of Traditional Affairs, training will, with effect from the 2024/25 financial year, be rolled out to reach traditional areas.

End.

Reply:

 (a)(i)(ii)

Province	Number of Vacancies
EAST CAPE	6 111
FREE STATE	1 117
GAUTENG	3 898
KWAZULU-NATAL	7 044
LIMPOPO	4 933
MPUMALANGA	1 931
NORTH CAPE	726
NORTH WEST	1 205
WESTERN CAPE	4 497
NATIONAL	31 462

 

(b) The filling of vacant posts at schools is an ongoing process to ensure that there is no class without a teacher for all grades. For Post Level One vacancies, schools are allowed to recruit at local level and immediately as the vacancy occurs and make temporary appointments. These appointments are then made permanent upon ensuring that the educator meets the requirements of the post. By law, a temporary appointment in a vacant substantive post must be made permanent after three months. In the case of promotional posts, schools are allowed to make acting appointments, especially for critical posts such as those of Departmental Head and Principal while the formal recruitment and selection process is undertaken. In addition, in order to address immediate workload challenges that result from vacant promotional posts, schools are allowed to appoint temporary educators against a vacant promotional post until the vacant promotion post is filled.

Reply:

No, municipalities are not reporting to the Department on the use of virtual meetings.

Whilst the Department does not monitor whether council meetings are virtual or physical, learning from experience during COVID-19, we encourage municipalities to explore cost effective ways of conducting council business where feasible. Councillors also receive tools of trade, hence, it is possible for council sittings to be held virtual. It is our view that this approach can result in significant savings for the municipalities which can be redirected to service delivery priorities.

However, we continue to implore on municipalities to be cautious in whatever decision they take because it is important that the principle of inclusive governance is adhered to and promoted at all times, including at a citizenary level. This will ensure that our principle of participatory democracy is upheld in the business of council.

End.

Reply:

(a)

• The Traditional and Khoi-San Leadership Act, 2019 (TKLA) makes provision for the establishment of the Commission on Khoi-San Matters which deals with applications for recognition of Khoi-San communities and leaders and makes recommendations to the Minister of Cooperative Governance and Traditional Affairs in this regard. The Commission was appointed with effect from 20 September 2021 for a period of five years and has to date invited and received applications for recognition and is currently seized with the recognition process. As at this point, there are no recognized Kho-San communities and leaders, and the support of the Department of Traditional Affairs is currently channeled towards the Commission on Khoi-san Matters to process the applications for recognition by Khoi-san leaders and communities.

• The Commission has conducted awareness campaigns in all provinces on the application process, the criteria for qualification, how to complete application forms and other provisions of the Act in relation to applications, including the timeframes within which applications for recognition can be submitted to the Commission. However, despite the extensive awareness campaigns and groundwork that the Commission conducted in its first year of operation to educate members of the public and potential applicants on the application process, all the applications received by the Commission did not comply with the Act and did not have documentary evidence to assist the Commission to determine if the applicants qualify to be recognised.

• To address this challenge the Commission has begun conducting applicant member investigations as part of its investigation and intervention process to assist the applicants to provide required documentary evidence. In this regard, the Commission conducts face-to face bilateral engagements with each applicant member concerned. During the session, the application form and gaps therein as well as the evidence documents required for compliance in terms of the Act are explained to the applicant members, and the applicant member is assisted to complete the application form in compliance with the provisions of the Act.

(b) Government’s support to the socio-economic development of Khoi-san communities is multi-faceted and involves a range of organs of state in line with their respective mandates. The following are examples:

• Culture and language

(i) There are steps taken to design and implement specific projects aimed at promoting and protecting the use of Khoi-San languages as one of the previously disadvantaged indigenous languages. The SA Constitution makes provision for the establishment of a Pan South African Language Board (PanSalb) to promote the creation of conditions for the development and use of languages. To date, PanSalb has launched the Khoekhoegowab Dictionary Glossarium, the first dictionary for the South African Khoi and San languages. Free copies of the Glossarium were distributed to communities and other interested stakeholders. Furthermore, the Department of Education has introduced the Nama language in some of the Northern Cape schools.

• The Protection of the Cultural indigenous knowledge system

(ii) Government has through the Department of Science and Innovation developed legislative measures to protect cultural and indigenous knowledge systems. The primary objective of the Indigenous Knowledge System is to facilitate the protection of Indigenous Knowledge relating to and owned by indigenous communities of SA, and the restoration and recognition thereof, and (a) facilitate the redress of rights and benefits to indigenous communities which have previously been deprived of such rights and benefits; (b) facilitate and coordinate the development of indigenous knowledge; (c) establish and manage the registration of indigenous knowledge practitioners; (d) empower indigenous communities through education and awareness campaigns to enable them to recognise and utilise indigenous knowledge for cultural and economic benefit.

(iii) The Department of Forestry, Fisheries, and Environmental Affairs has launched the industry-wide benefit-sharing agreement on traditional knowledge associated with Rooibos between the Khoi-San communities and the Rooibos industry on 01 November 2019 in the Western Cape. This agreement has been concluded in terms of the United Nations Convention on Biological Diversity (CBD) and the Nagoya Protocol on Access and Benefit Sharing, and the agreement was signed by the Minister, the National Khoi-San Council, the San Council of South Africa, and the South African Rooibos Council. The first payment of just over R12,2 million has been paid to the San and Khoi people of South Africa.

• Access to land

Government has through the Department of Agriculture Land Reform and Rural Development continued to process land claims received from Khoi-san communities. In this regard, the Department has confirmed that Khoi-San communities have successfully claimed land in many provinces. However, government appreciates that at the core of some of the land claims is fundamental issue of the cutoff point introduced by the Land Act of 1913. This matter was discussed at the Land Tenure and Administration Summit convened by the Deputy President in May 2022, and clear resolutions on the way forward were taken in this regard.

• Delivery of basic services

Government follows an integrated governance approach with a view to accelerating service delivery, especially in previously disadvantaged communities. Central to this are Integrated Development Plans (IDPs), which are strategic planning instruments that inform all planning, budgeting, management, and decision-making of local municipalities. To enhance service delivery, government has adopted the District Development Model which seeks to convert districts into geographic hubs within which to drive integrated development and service delivery. These geographic spaces, just like municipalities, cater for all South Africans, including Khoi-san communities that reside there.

End.

Reply:

1. It is not mandatory for public servants to be members of (a) a medical scheme, however, employees who are on salary level 1 to 5 receive 100% medical subsidy if they join GEMS on the Tanzanite One Benefit Option. Employees on salary level 6 to 10 who join GEMS receive 75% medical subsidy and can join any benefit option of their choice. Employees from salary levels 11 upwards structure their salaries and are not compelled to be members of any medical scheme as they do not receive medical subsidy. The police service has its own medical scheme, called POLMED.

2. It is not mandatory for public servants to be members of Government Employees Medical Scheme (GEMS). The total number of public servants who are Government Employees Medical Scheme (GEMS) members is (a) 688 052 and (b) this number constitutes 55.6 % of the total number of public servants. The number of police service members on POLMED is 146 855 and this constitutes 80% of the police service. State Security Agency (SSA) and Defence are excluded in these numbers.

End

Reply:

It is recommended that the question be redirect to Ministry of Agriculture, Land Reform and Rural Development to provide responses accordingly.

End.

Reply:

(a)(b)(i)(ii)The National Department of Basic Education does not collect information, as part of its framework of regular monitoring, collect information to the level of the detail that is requested, that is, area of specialisation and grade. The Honorable member is kindly advised to request the information directly from the Provincial Education Departments.

Reply:

According to information provided by KZN Provincial CoGTA, the disciplinary hearing for the official in question commenced on 23 June 2017. It is mentioned that his Attorney passed away in April 2018 and all files were taken by the Law Society. The official then requested copies of all documents from the Municipality in order for him to consult and instruct his new Attorneys, Nxumalo and Partners. Due to the loss of vital documentation by the Municipality, the Municipality was unable to proceed with the matter and his case was withdrawn by the Municipal Council. He resumed duties in the Municipality on 26 November 2018.

End.

Reply:

As part of the 30 years of democracy and reflecting on the work of the 6th Administration, the Ministry of Cooperative Governance and Traditional Affairs has from 09 April 2024 started handing over the completed infrastructure projects to beneficiaries and communities. A total of 18 projects will be handed over to communities. The cost for these events are shared between all spheres of government and at this stage it cannot be quantified as the events differ in form and structure.

End.

Reply:

The National Department of Health requested the Minister of Public Service and Administration to consider a request for strengthening the NHI Branch of the department on 16 May 2022.

On 2 June 2022, the Minister of Public Service and Administration approved the creation of 44 new technical positions for the NHI Programme in the Department.

The posts were advertised in the media (Sunday Times) on 28 August 2022. All job descriptions, duties and remuneration levels were advertised as per the Public Service requirements. The relevant remuneration levels of public servants are available in public domain. Details are contained in the annexure.

There are currently no plan for posts addition to the 44 posts mentions above to be created within the National Health Insurance Branch in the Department.

END.

Reply:

The Department of Employment and Labour will celebrate 30 years of democracy, just like any government department. However, the celebration will be aligned with the Department's mandate. The Honourable Bond knows that the Department of Employment and Labour receives its funding through voted funds to implement its mandate.

The Department consistently have funds that are used to assist registered trade unions.

In the celebration of this important milestone, the Department is planning to leverage on the existing May Day commemoration to celebrate 30 years of democracy as a cost effective way. By aligning the celebration with May Day, the Department intents to reach a broader audience and generate greater awareness about the milestone of 30 years of democracy.

Simultaneously, the Department is planning build-up activities towards celebration of 30 years of democracy within its mandate and aims to utilise existing resources and budget allocations for these activities without attracting additional cost.

Given that May Day is an event that has been commemorated every year, the difference this year is that the focus is on celebrating 30 years of democracy, its cost is R R2 550 000,00

END

Reply:

Indeed, Hon. Mkhonto, repositioning and restructuring of both Compensation Fund and Unemployment Insurance Fund (UIF) are essential and momentous. This is a project that needs to be carried through to its logical conclusion with zeal, verve and foresight.

We made Portfolio Committee on Employment and Labour and Hon. Mkhonto aware that in September 2021 we started an architectural review process which was intended to determine the fit for purpose of the Compensation Fund structure, systems, personnel capacity and processes to the mandate of this entity.

We also shared with the Portfolio Committee on Employment and labour the outcomes of the fit for purpose exercise that was completed in September 2023. Currently we are solidifying the setting up of the Project Management Office, which will be responsible for implementation of the recommendations, including setting up the new structure and recruitment of senior executives for the CF, including the Commissioner.

The reason that we are not approaching the filling of the two vacancies with haste is that we want to get individuals that are fit for purpose. Importantly, though they must arrive at an environment where formidable foundation has been put in place, and get into the moving train on its long journey, that has left the station and cannot make a U-Turn.

Furthermore, we intend that both the Department and Compensation Fund get the Director General (DG) and Commissioner respectively, who would have outside-in perspective, who think expansively in their consideration of the broader context, ambitious and who are able to cultivate agile team culture. They will have to excel in problem solving, planning and communicating. In addition, they must have fortitude to motivate, guide others and more importantly uphold strong ethical standards.

Reply:

1. The table below reflects vacancy rates as provided by provinces with the Nurses being a consolidated rate across the 3 different categories of nurses (namely: Professional, Registered and Assistant).

PROVINCIAL VACANCY RATES (%)
Category	EC	FS	GP	KZN	LP	MP	NC	NW	WC
Medical Officers	15.0	23.7	11.4	4.9	20.37	9.62	15.2	22.0	5.85
Nurses	9.0	26.5	11.2	11.2	2.96	8.0	17.4	39.0	7.39
Physiotherapist	18.0	38.8	11.0	10.4	2.03	7.0	11.8	26.0	1.73
Occupational Therapist	26.0	39.7	14.3	27.7	3.36	16.0	30.3	56.0	10.5
Psychologist	17.0	17.7	21.4	36.3	4.55	7.0	41.7	61.0**	9.90
Psychiatrist	20.0*	30.0*		15.4	87.9	73.0	50.0	50.0	8.89
Environmental Health Pract.	14.0	25.5	8.9	12.6	6.90	7.0	11.1	13.0	N/A

* Rate reflecting Medical Specialists combined

**Inclusive of the Vocational Counsellors

Community Health Workers are contract workers that are appointed on annual contract against abnormal appointments (extra ordinary staff) and vacancy rate not applicable. Furthermore, in the Western Cape the category is appointed through agency and NGO organisation and not accounted for directly under the department.

Provincial Departments are in the process of identifying positions which will be filled during the 2024/25 financial year through the Annual Recruitment Plan (ARP). Once the process is concluded and costed, within the available budget, provinces will be in a position to indicate which positions will be filled by when and recruit accordingly with adverts. There has also been ongoing communication with Provincial Departments of Health to establish the extent of the challenges experienced in this regard.

Table 1: Compensation of employees allocation to provinces

R Thousands	Financial Year
Programme	2023/24 Adjusted appropriation	2024/25 Revised Baseline
Eastern Cape	20 028 901	20 011 717
Free State	8 961 049	9 516 387
Gauteng	38 159 905	40 078 685
KwaZulu-Natal	33 031 152	32 976 479
Limpopo	16 441 824	17 351 170
Mpumalanga	10 927 652	11 706 368
Northern Cape	3 767 510	3 740 702
North west	10 567 007	11 281 207
Western Cape	17 340 851	18 055 309
Total	159 225 851	164 718 024

END.

Reply:

The following information is as received from the provinces.

PROVINCES	a) TOTAL AMOUNT OF ACCRUALS OUTSTANDING	b) AGEING - PERIOD THE AMOUNT BEEN OUTSTANDING IN EACH CASE	(C)TOTAL NUMBER OF SERVICE PROVIDERS NOT PAID WITHIN THE REQUIRED 30-DAY PERIOD 2023/2024
R THOUSAND	2022/23 FY	2023/24FY (29 FEB 2024)	2022/23 FY	2023/24 FY
Eastern Cape	R4, 764, 773	R5,132,000	Current: R1, 626, 945 More than 30 days R3, 137, 828	Above 30 days R525,685 Above 60 days R268,465 Above 90 days R345,637 Above 120 days R2,746,364	534 suppliers
Free State	R682,362	R922,130	Current: R369,764 More than 30 days R312,598	>R621,746 < Above R300,383	3121 number of suppliers/ invoices were not paid within 30 days
Gauteng	R6, 827, 872	R5, 926, 667	Current: R2, 040, 370 More than 30 days R4, 787, 502	Above 30 days R874, 366 Above 60 days R618, 711 Above 90 days R2, 928, 777	2, 099 number of suppliers
Kwazulu-Natal	R1, 838, 121	R1,694,242	Current: R1, 548, 239 More than 30 days R289, 882	R355,000 was more than 80 days overdue	514 service providers affected
Limpopo	R 767, 038	R 358 023	Current: R718, 330 More than 30 days R48, 708	1957 transactions amounting to R356 2667 are within 30 days. 40 outstanding transactions amounting to R1 756 are more than 30 days.	28 service providers were not paid within the required 30-day period.
Mpumalanga	R825, 870	R 87 081	Current: R706, 780 More than 30 days R119, 090	R952	1439 suppliers
Northern Cape	R514 622	R842 875	30 Days-R56 991 30+ Days R457 631	Current R153 429 Above 30 Days R689 446	170 354 service providers
North West	R 959 137	R339,687	Current: R619, 450 More than 30 days R339, 687	More than 30 days R339,687	4 330 suppliers
Western Cape Accruals (A) Payables (P)	R 589 529 R 289 746 (A) R 299 783 (P)	R 135 622 R 88 093 (A) R 47 528 (P)	R251 531 (A) (0-30days) R 38 215 (A) (30+ days) R293 951 (P) (0-30days) R 5 832 (P) (30+ days)	R 31 535 (A) (0-30 days) R 56 558 (A) (30+ days) R 42 869 (P) (0-30 days) R 4 659 (P) (30+ days)	1094 (for the period 1 April 2023- 29 February 2024) (equates to 1.75% of all payments)

END.

Reply:

(1) Surgeries are conducted at the hospital level and every hospital monitors and maintains records of the number of patients awaiting surgery at all public hospitals in the Republic. Surgical backlogs numbers are not static. As provinces do operations, the numbers under each category and in each province change.

Province	Types of surgery backlogs
	a) at each specified hospital	(b) in each province
Limpopo	Mankweng Hospital Orthopaedic Trauma of femur and Tibia Paediatric surgery Hernia Operations (Inguinal and Umbilical hernia Plastic surgery Cleft lips	Orthopaedic Trauma of femur and Tibia Paediatric surgery Hernia Operations (Inguinal and Umbilical hernia Plastic surgery Cleft lips Urology Ear, Nose and Throat General Surgery Maxillofacial Cardio thoracic Orthopaedics Neurosurgery Paediatric cardiology Radiation oncology
	Polokwane Hospital: Urology Ear, Nose and Throat General Surgery Maxillofacial Cardio thoracic Orthopaedics Neurosurgery Paediatric cardiology Radiation oncology

Province	Types of surgery backlogs
	a) at each specified hospital	(b) in each province
Free State	Universitas hospital General Surgery Opthalmology Urology Orthopaedic Ear, Nose and Throat	Urology General Surgery Opthalmology Orthopaedic Maxillo Facial and Oral Surgery Obstetrics and Gynaecology Ear, Nose and Throat
	Pelonomi hospital Urology General Surgery Orthopaedic Maxillo Facial and Oral Surgery Obstetrics and Gynaecology
	Bongani hospital General Surgery Gynaecology Elective Surgery Urology Orthopaedic Elective Surgery Orthopaedic Trauma
	Boitumelo hospital General Surgery Elective Surgery Orthopaedic Emergencies Orthopaedic Electives
	Dihlabeng hospital General Surgery Gynaecology Elective Surgeries Opthalmology Orthopaedic Trauma Orthopaedic elective surgeries
	Mofumahadi Manapo hospital General Surgery Elective Surgeries

Province	Types of surgery backlogs
	a) at each specified hospital	(b) in each province
Kwa Zulu Natal	Prince Mshiyeni Hospital General Surgery Orthopaedics Obstetrics and Gynaecology Ophthalmology	General Surgery Orthopaedics Obstetrics and Gynaecology Ophthalmology
	Addington General Surgery Orthopaedics Obstetrics and Gynaecology
	Greys Hospital General Surgery Orthopaedics Ophthalmology
	Inkosi Albert Luthuli Hospital Obstetrics and Gynaecology
	RK Khan Hospital Orthopaedics Obstetrics and Gynaecology
	RK Khan Hospital Orthopaedics Obstetrics and Gynaecology

Province	Types of surgery backlogs
	a) at each specified hospital	(b) in each province
Mpumalanga	The hospitals that are affected by the backlogs are the following: Rob Ferreira Tertiary Hospital Witbank Tertiary Hospital Themba Regional Hospital Mapulaneng Regional Hospital Ermelo Regional Hospital Types of surgery backlogs Orthopaedics Gynaecology General Surgery Cataracts	Orthopaedics Gynaecology General Surgery Cataracts
Northwest	Klerksdorp / Tshepong Hospital Urology Ophthalmology Orthopaedic Ear, Nose & Throat (ENT) Neurosurgery	Urology Ophthalmology Orthopaedic Ear, Nose & Throat (ENT) Neurosurgery General Surgery Obstetrics and Gynaecology
	Job Shimankana Tabane Hospital Urology Ophthalmology Orthopaedic Ear, Nose & Throat (ENT) General Surgery
	Potchefstroom Hospital Ophthalmology Orthopaedic Ear, Nose & Throat (ENT) Obstetrics and Gynaecology Surgery
	Mafikeng Provincial Hospital Urology Ophthalmology Orthopaedic General Surgery Obstetrics and Gynaecology
	Joe Morolong Memorial Hospital Ophthalmology General Surgery Gynaecology

• According to Gauteng Department of Health, the province does not have any backlogs.
• The response from the Western Cape Department of health did not address the question that was asked.
• Response from Eastern Cape and Northern Cape Provinces still outstanding.

END.

Reply:

As was debated in the Portfolio Committee of the National Assembly during 2023 and described in Clause 49 of the National Health Insurance Bill, the possible tax amendments will be introduced through a Money Bill by the Minister of Finance as and when appropriate and earmarked for use by the Fund, subject to the transitional arrangements as provided in Section 57 of the Bill.

END.

Reply:

a) According to the NHLS,

(i) the FCLs do not have toxicologists specifically appointed in their establishments. Instead, FCLs have analytical chemists who also perform the toxicology analyses. They are known as Forensic Analysts and are able to do toxicology tests because they possess and use the same skills / equipment to do the work as a toxicologist would do.

(ii) Analysts employed at each of the FCLs as follows:

FCL	Number of Forensic Analysts
Cape Town	Twenty-four (24) Forensic analysts in total. Of the twenty-four (24), eight (8) analysts are in the toxicology section.
Johannesburg	Thirty-six 36 Forensic analysts in total. Of the thirty-six (36), twenty-nine (29) are in the toxicology section.
Pretoria	Twenty-five (25) Forensic Analysts in total. Of the twenty-five (25), eleven (11) are in the toxicology section.
Durban	Eight (8) Forensic Analysts in total. Durban FCL will expand its service offering to include toxicology testing as soon as the laboratory has relocated to a larger and more suitable building.

 

b) The vacancy rates are as follows: Cape Town (4%), Durban (20%), Johannesburg (2%) and Pretoria (28%). In the calculation of the vacancy rate for the Pretoria FCL, ten new positions were included in the total staff establishment. These ten new positions were created to establish the new toxicology section at the Pretoria FCL. The new positions have been advertised and recruitment processes are underway.

c) (i) and (ii) The table below indicates the number of toxicology samples that were completed over the three months from 01 December 2023 to 29 February 2024 across the three laboratories that deliver toxicology testing services. The table also shows the monthly and daily averages achieved over this period. As indicated in the paragraphs below the table, the daily number of toxicology samples completed does not indicate productivity in the laboratories as tests run concurrently and completion periods vary.

Laboratory	Total completed over 3 months	Monthly average	Daily average
Cape Town	146	49	2
Johannesburg	431	144	7
Pretoria	243	81	4

Toxicology cases are allocated in batches of 15 cases per analyst per month. When cases are received for toxicology testing, the requesting pathologist does not always specify a specific substance to be tested for detection and quantification. Most cases that are received, require a general “screen” for various recreational or illicit drugs, pharmaceutical drugs, poisons, or other substances. Once a substance is detected, additional tests are required to confirm the presence of the substance and to quantify the amount of the substance that was detected.

If a new or rare (unusual) substance is detected through screening tests, a standard to confirm the substance must be procured. Some standards are procured from international suppliers and require special permits to be imported, resulting in delays in the process.

Each toxicology case that is registered in the laboratory may include a varying number of biological specimens that were taken during the autopsy and each specimen may require to be tested more than once or on different sets of instruments, depending on the test requirements. In the pre-analytic stage, specimens may require specialised preparation, depending on the tests that will be conducted.

As a result, it is difficult to quantify the number of toxicology tests that are processed in a day as tests run concurrently and completion periods differ vastly between cases.

END.

Reply:

From the Department’s PERSAL records, there are 21 posts on salary levels 13 to 16. Of these posts, the NHI Branch has managed to fill ten (10).

a) The respective salary levels for each of the filled posts are shown in the column named ‘Notch’ of the table below.

b) Additionally, the Job Titles are listed in column 2 of the table. Detailed job descriptions for each post and key performance duties as were published in the advertisements for the posts are included as an annexure to this response.

	POST JOB TITLE DESCRIPTION	FILLED/ VACANT	FILLED/ VACANT DATE	POST SALARY LEVEL	NOTCH
1	DEPUTY DIRECTOR-GENERAL: NHI	FILLED	20210606	15	1663581
2	TECHNICAL SPECIALIST: HEALTH ECONOMIST	FILLED	20180401	15	1817142
3	DIR: MEDICAL DEVICES & HEALTH TECHNOLOGY PROCUREME	FILLED	20230701	13	1268919
4	CD: SECTOR WIDE PROCUREMENT	FILLED	20230201	14	1371558
5	TECHNICAL EXPERT	FILLED	20130201	14	1476000
6	DIR: PHARMACEUTICAL ECONOMIC EVALUATION	FILLED	20110401	13	1306665
7	DIR: BUSINESS INTELLIGENCE & DATA ANALYTICS	FILLED	20230601	13	1306665
8	CHIEF DIRECTOR: HEALTH SYSTEM DIGITAL INFORMATION	FILLED	20230101	14	1433289
9	CD:USER & SERVICE PROVIDER MANAGEMENT	FILLED	20230915	14	1371558
10	CD: HEALTH CARE BENEFITS & PROVIDER PAYMENT	FILLED	20230904	14	1371558

END.

Reply:

1. Upon the resignation of the Director General of DEL Mr. Thobile Lamati in October 2023, I appointed the Acting DG Dr. Alec Moemi who acted from the 01 November until 31 December 2023. On the 01 January 2024 I appointed Acting DG Ms. Onke Mjo for a period of 12 months or until the Director General for the Department of Employment and Labour is appointed, whichever comes first.

2. The Acting Commissioner of the Compensation Fund Ms. Farzana Fakir has been extended for further 6 months:

a) As you are aware in September 2021 we started an architectural review process which was intended to determine the fit for purpose of the CF structure, systems, personnel capacity and processes to the mandate of CF.

b) As you are now all aware the outcomes of the fit for purpose exercise was completed in September 2023.

c) We are currently in the process of setting up the Project Management Office, which will be responsible for implementation of the recommendations, including setting up the new structure and recruitment of senior executives for the CF, including the Commissioner.

Reply:

The acquisition and replacement of official vehicles for the Minister is administered by the 2019 Ministerial Handbook which provides in paragraph 2.1 read together with 2.3, that National Members shall be provided with one vehicle for official use in each seat of office and that on assumption of office must make use of officials vehicles already purchased by the Department, unless such vehicle is to be replaced in terms of paragraph 2.9 of this chapter.

The Ministry was established after the 2023/24 budget allocation therefore no capital expropriation was made for the purchasing of the official vehicle, similarly in the 2023/24 budget adjustment. In light of the above, the Ministry has been renting the Minister’s vehicle on a monthly contract for his transportation in Gauteng and on ad hoc basis for travel outside of the province.

Reply:

(1) and (2) Please see table below

Responses were received from the Free State, Gauteng, Limpopo, Mpumalanga, North West and Western Cape Provinces only. Information from other provinces is yet to be received.

Free State Department of Health
Name of facility	Date of last service	How often are they serviced	Number of refrigerators not functional	Dates for repairs or replacements	Contingency plan
1. Bloemfontein Forensic Mortuary	December 2023	Every 3 months	5	Date of repair or replacement: awaiting infrastructure approval	Bloemfontein FPS currently has 12 functional refrigerators. Surrounding state hospitals like Pelonomi and Universitas, Botshabelo provide refrigeration and storage of bodies when the demand exceeds capacity of Bloemfontein Forensic mortuary.
2. Botshabelo Forensic Mortuary	December 2023	Every 3 months	0	N/A	Bloemfontein Forensic mortuary has enough capacity to provide refrigeration and storage of bodies when the demand exceeds capacity at Botshabelo mortuary
3. Phuthaditjhaba Forensic Mortuary	December 2023	Every 3 months	6	Date of repairs or replacement: appointed service provider for repairs to visit facility on the 28 March 2024
4. Bethlehem Forensic Mortuary	December 2023	Every 3 months	3	Date of repair or replacement: Appointed service provider for repairs to visit facility on the 28 March 2024	State hospitals in the region including Elizabeth Ross, Thebe and Phekolong hospital provide additional 26 body storage capacity for contingency refrigerating and storage of bodies, when the demand exceeds the capacity in the Forensic Mortuaries, in Phuthaditjhaba and Bethlehem
5. Welkom Forensic Mortuary	February 2024	Every 3 month	6	Date of repair or replacement: awaiting infrastructure approval.	Bloemfontein Forensic mortuary has enough capacity to provide refrigeration and storage of bodies when the demand exceeds capacity at Welkom mortuary.
6. Kroonstad Forensic Mortuary	March 2024.	Every 3 months	0	N/A
7. Sasolburg Forensic Mortuary	November 2023	Every 3 months	15	Date of repairs or replacement: awaiting infrastructure approval	Bloemfontein Forensic Mortuary has enough capacity to provide refrigeration and storage of bodies when the demand exceeds capacity for both Kroonstad and Sasolburg mortuary

Limpopo Department of Health
Name of facility	Date of last service	How often are they services	Number of refrigerators not functional	Dates for repairs or replacements	Contingency plan
1. Polokwane FPS	March 2024	Every 6 months	0	N/A	All refrigerators are functional, continue to monitor the gauges.
2. Lebowakgomo FPS	February 2024	Every 6 months	0	N/A	All refrigerators are functional, continue to monitor the gauges.
3. Mokopane FPS	December 2023	Every 6 months	0	N/A	All refrigerators are functional, continue to monitor the gauges.
4. Warmbaths FPS	27 November, 11 December, 1 February 5th March 2024	Every 6 months	3	May 2024	Contingency plan is available, all refrigerators functional, continue to monitor the gauges
5. Tshilidzini FPS	February 2024	Every 3 months	4	June 2024	Purchase order is in progress to procure compressors
6. Elim FPS	October 2023	Every 3 months	0	N/A	All refrigerators are functional, continue to monitor the gauges.
7. Groblersdal FPS	February 2024	Every 6 months	0	N/A	All the refrigerators functional, continue to monitor the gauges.
8. St Rita’s FPS	March 2024	Every 6 months	0	September 2024	Contingency plan available, all refrigerators functional, continue to monitor the gauges.
9. Letaba FPS	March 2024	Every 6 months	0	N/A	Contingency plan available, all refrigerators functional, continue to monitor the gauges
10. Kgapane FPS	November 2023	Every 6 months	4	April 2024	Contingency plan available,
11. Maphutha Malatji FPS	25 August 2023	Every 6 months	6	April 2024	Request to repair the broken refrigerators is under way, continue to monitor the gauges
12. Nkhensani FPS	21 November 2023 25 March 2024	Every 6 months	0	N/A	Contingency plan available, all refrigerators functional, continue to monitor the gauges

• 3 months vs. 6 months depends on the manufacturer specifications.

Western Cape Department of Health
Name of facility	Date of last service	How often are they services	Number of refrigerators not functional	Dates for repairs or replacements	Contingency plan
1. Beaufort West FPS	January 2024	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.
2. Ceres FPS	January 2024	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.
3. George FPS	March 2024	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.
4. Hermanus FPS	December 2024	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.
5. Knysna FPS	November 2023	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.
6. Laingsburg FPS	February 2024	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.
7. Malmensbury FPS	March 2024	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.
8. Mossel Bay FPS	January 2024	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.
9. Observatory FP Institution	March 2024	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.
10. Oudtshoorn FPS	March 2024	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.
11. Paarl FPS	March 2024	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.
12. Riversdale FPS	November 2023	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.
13. Tygerberg FPS	March 2024	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.
14. Vredenburg FPS	March 2024	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.
15. Vredendal FPS	November 2023	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.
16. Worcester FPS	February 2024	Every 3 months	0	N/A	Maintenance plans are in place. Refrigerators are repaired immediately either via maintenance contracts or emergency delegations.

North-West Department of Health
Name of facility	Date of last service	How often are they services?	Number of refrigerators not functional	Dates for repairs or replacements	Contingency plan
1. Mafikeng FPS	March 2024	When need arises	0	N/A	N/A
2. Lichtenburg FPS	December 2023	When need arises	0	N/A	N/A
3. Brits FPS		When need arises	0	N/A	N/A
4. Phokeng FPS		When need arises	0	N/A	N/A
5. Potchefstroom FPS	March 2024	When need arises	0	N/A	N/A
6. Tshepong FPS		When need arises	0	N/A	N/A
7. Vryberg FPS		When need arises	0	N/A	N/A

Gauteng Department of Health
Name of facility	Date of last service	How often are they services	Number of refrigerators not functional	Dates for repairs or replacements	Contingency plan
1. Johannesburg FPS	October 2023	Every 3 months	0	N/A	N/A
2. Roodepoort FPS	October 2023	Every 3 months	0	N/A	N/A
3. Germiston FPS	November 2023	Every 3 months	0	N/A	N/A
4. Springs FPS	December 2023	Every 3 months	1	Awaiting appointment of service provider
5. Heidelberg FPS	December 2023	Every 3 months	0	N/A	N/A
6. Diepkloof FPS	October 2023	Every 6 months	6	11/04/2024
7. Sebokeng FPS	February 2024	Every 3 months	0	N/A	N/A
8. Pretoria FPS	December 2023	Every 3 months	0	N/A	N/A
9. Bronkhorstpruit FPS	January 2024	Every 3 months	0	N/A	N/A
10. Ga-Rankuwa FPS	March 2024	Every 3 months	0	N/A	N/A
11. Carletonville FPS	October 2023	Every 6 months	0	N/A	N/A

• 3 months vs. 6 months depends on the manufacturer specifications

Mpumalanga Department of Health
Name of facility	Date of last service	Hoe often are they services?	Number of refrigerators not functional	Dates for repairs or replacements	Contingency plan in place
1. Themba FPS	8 April 2024	On request	2		Replacements 2022/2023 : 4-New body storage cabinets loading 6 bodies per unit (Completed) 2024/25:Cool room – work in progress New walk-in freezer – Work in progress
2. Tonga FPS	8 December 2023	On request	0	N/A	N/A
3. Mapulaneng FPS	20 March 2024	On request	0	N/A	N/A
4. Tintswalo FPS	22 March 2024	On request	1	Not stated	Contingency plans are available. Repairs are done between scheduled minor and major repairs.
5. Lydenburg FPS	16 March 2024	On request	0	N/A	N/A
6. Barberton FPS	26 June 2023	O request	1	Not stated	Contingency plans are available. Repairs are done between scheduled minor and major repairs.
7. Middelburg FPS	4 April 2024	On request	0	N/A	N/A
8. Witbank FPS	New units installed	On request	0	N/A	N/A
9. KwaMhlanga FPS	6 October 2023	On request	0	N/A	N/A
10. Belfast FPS	5 April 2024	On request	1	Not stated	Contingency plans are available. Repairs are done between scheduled minor and major repairs.
11. Mammethlake FPS	Reconstruction of the cold room	On request	1	Currently under construction	New facility
12. Delmas FPS	26 March 2024	On request	0	N/A	N/A
13. Ermelo FPS	6 December 2023	On request	2	Not stated	Contingency plans are available. Repairs are done between scheduled minor and major repairs.
14. Evander FPS	18 August 2023	On request	1		Contingency plans are available. Repairs are done between scheduled minor and major repairs.
15. Piet Retief FPS	23 February 2024	On request	0	N/A	N/A
16. Standerton FPS	25 January 2024	On request	1
17. Volkrust FPS	4 August 2023	On request	0	N/A	N/A
18. Embhuleni FPS	3 August 2023	On request	1	Not stated	Contingency plans are available. Repairs are done between scheduled minor and major repairs.
19. Balfour FPS	New refrigerators	On request	0	N/A	N/A
20. Bethal FPS	22 June 2023	On request	2	Not stated	Contingency plans are available. Repairs are done between scheduled minor and major repairs.
21. Carolina FPS	10 January 2023	On request	0	N/A	N/A

END.

Reply:

No.

a) In terms of section (8)(3)(c) of the CPA Act, on request and on payment of the prescribed fee the Registration Officer shall provide members of the public with information contained in the register and with a copy of the constitution of any registered association or similar entity however, the Promotion of Access to Information Act, Act 2 of 2000 (PAIA) provides a process to be followed to access information from a Public body and the Protection of access to personal information Act 4 of 2013 also takes precedence in relation to personal information that may held a Public body.

b) The Department of Agriculture, Land Reform and Rural Development (DALRRD) does not issue appointment letters after any elective Annual General Meeting (AGM) however the new committee gets registered with the CPI Unit registration office upon receipt of a submission from the CPA. DALRRD has no obligation in terms of the Communal Property Associations Act, 1996 (Act No. 28 of 1996) and regulations to issue appointment letters of elected committee members.

Reply:

I have been advised that:

The DSBD is the custodian of red tape reduction (RTR) as it relates to SMME and co-operatives. The Department has been working collaboratively with Salga, COGTA and the Presidency since the 2017/18 financial year to implement measures to address the legislative and administrative burden faced by SMMEs and co-operatives, more specifically at the municipal sphere of government. These interventions have been primarily aimed at awareness raising, capacity building and commissioning research that:

• Investigates sector and sub-sectors wherein the influence of red tape is unpacked, to develop strategies and interventions that circumvent the negative effects of red tape.

The Department commissioned a study on Regulatory impediments affecting SMME growth and development in South Africa: Findings and Action Plan to investigate the regulatory environment and related legislation and compliance for SMMEs in the 2023/24 financial year. The report identified 29 pieces of legislations that act as primary inhibitors of business start-up and growth. These pieces of legislation were identified as either having a direct impact on SMMEs, whilst the impact of others relate primarily to the administration of the regulation rather than the regulation itself.

Excessive red tape with regards to compliance with labour laws, human and industrial relations, tax and tax-related issues, legal requirements, municipal regulations, and support for business start-ups are key obstacles experienced by SMMEs.

What are the relevant details of the progress that has been made in (a) reducing the regulatory impediments for small, medium, and micro-enterprises and co-operatives?

Through the initial regulatory impediments affecting small businesses and co-operatives in South Africa research work, to improve rates of SMME establishment and performance, the department has undertaken extensive consultative measures to review and critique the initial work on government-wide restrictive regulations and to seek, through its intergovernmental relations and ease of doing business initiatives, resulting in a Regulatory Impediments Implementation Plan.

The making of a Regulatory Impediments Implementation Plan has been conducted in the 2023/24 financial year involving consultations conducted with key stakeholders on regulatory impediments to SMME growth and report produced in quarter 1 and 2, where stakeholders such BUSA, NEDLAC, Chamber of Businesses (South African Chamber of Commerce and Industry, The Afrikaanse Handelsinsituut, NAFCOC, National Small Business Chamber, BUSA, Black Business Council (BBC), Business Leadership South Africa (BLSA), Business unity South Africa (BUSA), Small Business Institute, NEDLAC) include full list) were consulted. Report on inputs and feedback from key stakeholders incorporated into a prioritised Regulatory Reform Implementation Plan in Quarter 3 and the department is finalising a Regulatory Reform Implementation Plan to be submitted to Minister in Quarter 4.

The making of the Regulatory Impediments Implementation Plan which is planned to be concluded in the end of this financial year (2023/24), is a result of the relatively extensive consultations conducted with key stakeholder SMME and Coops sectors which regarded compliance with regulatory requirements as one of the primary impediments to their growth than the actual regulations and legislation. Relative to these small businesses’ turnovers, the cost of compliance was also noted as onerous as they often do not have employees or the internal capacity to attend to these - and that it is expensive to outsource such functions.

(b) implementing remedies to address the 29 major regulatory barriers identified through research?

To address the regulatory impediments affecting SMMEs and Co-operatives through the 29 pieces of legislation across the three spheres of government to support SMME growth and development, the department is establishing a comprehensive legislative framework for small businesses and co-operatives. The department has also identified priority legislation and sectors to address regulatory impediments impacting SMMEs and Co-operatives in the new MTSF period, including Economic Reconstruction and Recovery Plan and other priority government interventions. This will be achieved through a revised Regulatory Reform Implementation Plan to be concluded at the end of 2023/24 financial year.

The DSBD’s Regulatory Impediments Implementation Plan is a strategic tool to assist it in carrying out ongoing legislative review and development of the regulatory framework falling within its purview, in a strategic and focused manner. The Implementation Plan is, however, a rolling plan and will be reviewed and revised periodically to ensure that it remains up to date, effective and continues to align to the DSBD’s broader strategic objectives, also considering emerging risks and developments.

The results of the Regulatory Impediments Implementation Plan were subject to rigorous planning, prioritisation, and internal and external consultation. The considerations and approach undertaken in developing the revised Regulatory Implementation Plan included the approach to prioritisation. Therefore, the original recommendations of the regulatory impediments research work were updated as follow:

1. Category 1: Regulations and Legislation under DSBD Control –

The revised recommendations have reaffirmed the initial recommendations that DSBD to use its Mandated Legislative Powers, by using Section 18 of the National Small Business Act 102 of 1996 (NSBA) Chapter 4, General Provisions, Sections 18 2 (b) - (e) and 3 by notice in the National Gazette guidelines to address identified DSBD’s controlled legislations causing barriers to SMMEs and Coops by conducting further consultations and impact assessment as shown such as - National Business Act 71 of 1991 and the Businesses Amendment Act 186 of 1993, National Small Enterprises Act 102 of 1996 (and as amended in 2003), National Small Enterprise Amendment Bill 2021/22, and Cooperatives Development Act No 15 of 2005, Business Licensing Bill, 2023, and agencies related regulations, legislation, and procedures. The immediate work of the next financial year will on the engagement of State Attorney, the SA Law Reform Commission; formulation of new technical working groups, and participation in the existing committees such as the department’s Intergovernmental Relations (IGR).

2. Category 2: Economic Cluster Departments Control and Influence

DSBD to use advocacy by working with national departments, provinces and local governments on administrative inefficiencies related specific regulations and legislation impacting negatively on SMMEs and Co-operatives, requiring close involvement and consultation on: National Liquor Act 59 of 2003 & Liquor Amendment Bill of 2023, the National Road Traffic Act of 1996 & Traffic Regulations, National Environmental Management Act 107 of 1998, Companies Act 71 of 2008, Preferential Procurement Policy Framework Act 5 of 2000, Broad Based Black Economic Empowerment 53 of 2003, National Land Transport Act 5 of 2009, Labour Relations Act 66 of 1995, and related regulations, legislation and procedures.

3. Category 3: Local Governance, Development and Planning

Spatial Planning and Land Use Management Act 16 of 2013, Local government legislation such Municipal System, Property Rates, Municipal Finance, related provincial legislation and regulations, by-laws and procedures, related Agencies policies, regulations, processes, and procedures.

It is important to note that not every instance of “red tape” is a regulatory reform priority, we should look at educating our populace in the intent of the law, look to our capacity to administer the law and finally, ensure that our laws are aligned with the economic and social challenges we face as a country.

Inter-governmental Relations Framework

In advancing its advocacy and coordination role for the economic sector, the DSBD is in the process of developing an IGR Reporting and Monitoring Tool which forms part of the IGR Framework for SBD. The Tool introduces indicators for Ease of Doing business that stakeholders in Government that relate to number of legislations reviewed by National departments that affect SMMEs and Co-operatives as well as measures put in place to promote administrative simplification of such legislation. The department, in collaboration with National Treasury, Salga & COGTA, is investigating modalities to deploy the Reporting and Monitoring tool for adoption through the three spheres of government.

Reply:

(1)(a) Yes. Annexure A contains an inventory of all farms owned by the Agricultural Research Council (ARC), which are linked to specific research campuses.

(b) ARC has implemented a new strategy that involves professional property management agents to better manage its properties and agricultural land portfolio. This approach aims to cater to small-scale farmers by providing them with leasing opportunities.

(2) Since 2013, some ARC farms have been illegally occupied, starting with Umthiza farm in East London.

(a) The Legal Services Department, Facilities and Security Services, the Sheriff’s Office, and local courts worked together to evict the illegal occupiers.

(b) Evictions have also been carried out on the following farms:

- Kaalplaas – Soshanguve in August 2017;

• Umthiza again in September 2019; and
• Kaalplaas – N4 in June 2020.

Evictions were carried out via Court Eviction Orders with support from the South African Police Service (SAPS) and the Sheriff.

(c) ARC is actively monitoring for potential invasions and taking preventative measures to address them before requiring legal intervention.

(3) Research farms are linked to research institutes of the ARC that prioritize research activities. The Infrastructure Division supports certain aspects of managing the research farms.

(4) Yes. ARC has developed a property management strategy to optimize the use and management of its properties and research farms. A significant initiative within this framework involves engaging a professional property agent to enhance the efficient management of ARC properties and research farms. This includes tasks such as advertising unused ARC properties and research farms. Additionally, any underutilized properties that cannot be leased out will be presented to the Minister for consideration and/or transfer to the Department of Agriculture, Land Reform and Rural Development (DALRRD).

Reply:

Furnish (a) list and (b) full description of all events planned by her department to take place before 29 May 2024 in celebration of the 30 years of democracy in the Republic

The Ministry of Transport has a calendar of events that are scheduled to take place throughout the year 2024, in celebration of the 30 years of democracy in the Republic. The events covers the main modes of transport that are under the Ministry, namely Road, Rail, Public Transport, Aviation, Maritime and Integrated Transport Planning.

The October Transport Month Campaign, a flagship project of the Department will also be used to highlight the achievements and successes in the transport sector since the dawn of democracy.

The scheduled events are championed by the relevant Branches and line function in collaboration with provincial departments and municipalities, key stakeholders and communities and are subject to the necessary preparations being in place.

The Ministry will support other Departments in accordance with various government thematic months in celebration of the 30 years of democracy.

The list of events will cover

• Road safety campaign
• Road infrastructure
• Rail infrastructure
• Integrated Public Transport network
• Truck drivers safely and wellness
• Round table on ship register
• Skills training and development on transport
• Airports infrastructure

 

(i) projected total cost or expenditure of each event and (ii) breakdown thereof in terms of expenditure for (aa) catering, (bb) entertainment, (cc) venue hire, (dd) transport and (ee) accommodation;

The size and magnitude of an event is largely determined by the (a) nature of the event itself such as (a) how many guests are invited or expected to attend (b) the venue for the event, the type of event - and other logistical considerations which have a bearing on the total cost or expenditure.

Such an event will also require logistical preparations and considerations for support personnel in the form of travelling, accommodation and catering.

The financial considerations and implications therefore will vary from one event to the other and will be costed when all the details are confirmed.

 

Reply:

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Reply:

The Department will decide on the allegations once two related processes have been concluded. The first process emanates from the work of the Special Investigation Unit which is conducting an investigation at the University of Fort Hare, following the Presidential Proclamation published on 5 August 2022, in the Government Gazette no 47199. A report is expected during March / April 2024, and is likely to be delivered to the President’s office. The second process stems from the legal proceedings underway, involving the Premier of the Eastern Cape, Mr Oscar Mabuyane and the University of Fort hare.

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Reply:

The Department of Small Business Development has two entities reporting to it, which are Small Enterprise Finance Agency (sefa) and Small Enterprise Development Agency (Seda):

I have been advised that:

sefa disbursed approximately R413 million between December 2023 and end of February 2024. About 66% of the total disbursements emanated from the Wholesale Lending Channel activities via the Microfinance and the Credit Guarantee (see the highlight in the table below).

Financial Year 2024	FY 2023/2024 (1 Dec 2023 - 29 Feb 2024)
Loan SubProgramme	Disbursed Amount (R)	% of total disbursements
Direct Lending Loan Programme	R26 071 093	6.31%
ER - DL - Artisans Loan Programme	R953 761	0.23%
ER - DL - Automotive Loan Programme	R2 566 751	0.62%
ER - DL - BakConf Loan Programme	R799 906	0.19%
ER - DL - Butcheries Loan Programme	R1 667 729	0.40%
ER - DL - OpenAirFood Loan Programme	R2 771 870	0.67%
ER - DL - Personal Care Loan Programme	R174 858	0.04%
ER - DL - Retail Loan Programme	R6 585 176	1.59%
ER - DL - SEntManfct Loan Programme	R12 536 551	3.03%
ER - DL - TexClothLeat Loan Programme	R1 423 065	0.34%
EU - ESD Loan Programme	R4 920 856	1.19%
Funds	R23 235 626	5.62%
Land Reform	R9 908 225	2.40%
Micro-Finance	R115 286 615	27.90%
Portfolio Credit Guarantee	R156 334 505	37.83%
Purchase Order Finance Loan Programme	R9 492 039	2.30%
SBIF WL	R8 977 882	2.17%
Spaza Shop Loan Programme Facility	R4 763 500	1.15%
Supplier Credit Guarantee	R22 360 398	5.41%
Youth Challenge Fund Loan Programme	R2 407 892	0.58%
Total	R413 238 299	100.00%

Furthermore, the total amount Seda has spent on Enterprise Development fund for the period 1 December 2023 to 29 February 2024 is R10,406,609.85. Other client related expenses include seminars and workshops to the value of R1,637,743.66 and Programme or project related expenses amounting to R8,039,136.91. Programme or project related expenses include but not limited to International Market Access, projects for focused groups such as women, the disabled and youth, and projects in collaboration with MerSeta, Wholesale and Retail Seta and the National Skills Fund.

Seda has also realised that there are still several areas where entrepreneurs and SMMEs need to travel far to access Seda services especially rural areas. Seda has therefore established 80 service access points and has disbursed R2,791,851.73 for the period 1 December 2023 to 29 February 2024.

Reply:

I have been advised that:

(a) The Act requires the Minister to determine the constitution for the Advisory Body through an open and transparent process. The draft constitution for the Advisory Body has been approved by Minister and published in the government gazette for public comments.

Once comments have been received the final adjustments will be finalised and presented to Cabinet. After the final endorsement by Cabinet the final constitution will be published in the government gazette and the recruitment for the appointment of members of the Advisory Body initiated in June 2024.

Furthermore, the Department of Small Business Development (DSBD) facilitated consultations with the National Treasury on the appropriate level of category for remuneration for members of the Advisory Body and in addition a remuneration policy was approved in consultation with the Department for members of the Advisory Body. This will coincide with prescripts for remuneration for members of statutory bodies as prescribed by the National Treasury.

(b) The primary function of the Advisory Body will be to advise the Minister on broad areas that affect small enterprise growth, including national standards pertaining to small enterprise development and regulation, existing or proposed policies that may affect small enterprises, programme interventions and their impact, the impact of existing legislation on small enterprises and constraints that affect the viability of small enterprises into value chains amongst others. The Advisory Body constitution will be finalised through public participation.

Reply:

I have been advised that:

Both sectors are catered for through the Small Enterprise Finance Agency (Sefa) funding through the Township and Rural Entrepreneurship Programme (TREP), provided they meet the requirements.

There is a plan to support not only small businesses in electricity and plumbing but to fund small businesses in the built environment value chains. To this end, sefa has partnered with Construction Industry Development Board (CIDB) to fund small businesses in the construction and built value chains: construction, plumbing, electricity, carpentry, general buildings maintenance, etc. The total budget for this support is R300 million and sefa is committing R150 million and the CIDB is also contributing R150 million for the benefit of the small businesses in these sub-sectors. The MoU between the two entities was signed in February 2024, and sefa as the implementing partner in this programme is currently setting up the systems and the implementation processes.

Reply:

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Reply:

The Higher Education Act 101 of 1997, (the Act) as amended, states that degrees, diplomas, and certificates are awarded by higher education institutions subject to their statutes and the Act. Section 65 C of the Act adds that no degree, diploma, or certificate may be awarded upon any person who has not been registered as a student, against the qualification, for the period (and conditions) prescribed by the Senate of the institution.

Universities are established by the Minister in terms of the Act. Each university has a Programme and Qualification Mix (PQM) that is approved by the Minister; qualifications that are placed on the universities’ PQMs are approved by the Department of Higher Education and Training (the Department), accredited by the Council on Higher Education (CHE), registered on the National Qualifications Framework (HEQSF) and by the South African Qualifications Authority (SAQA), and supported by a professional body, where applicable. The Minister, therefore, determines the scope and range of operations for higher education institutions.

The Department, the CHE and SAQA have initiated a Data Validation Project (DVP); the aim of this project is to ensure that qualification types and naming conventions are consistent across the three databases. This exercise was necessitated by the emergence of different qualification types and nomenclatures that were used interchangeably after the HEQSF Alignment process.

The DVP is an ongoing process; where inconsistencies are identified, clarity is sought from institutions and due process is followed to secure the necessary approval of qualifications. There are cases where some qualifications need to be discontinued because universities conduct periodic reviews of PQMs to ensure viability of qualifications. In some cases, qualifications are discontinued because of national reviews, an example is the old two-year Bachelor of Laws. When qualifications are discontinued, the university engages with the Department and the last date of First Time Enrolment is recorded on the PQM. This record is then archived by the Department.

Where there are concerns around the quality of academic programmes, the CHE conducts reviews of the qualifications and improvement plans are developed and approved by the CHE, this information is then shared with the Department. The CHE and the Department adopt a developmental approach around quality assurance and enhancement hence the need for improvement plans, site visits and periodic institutional audits of universities.

Professional bodies play an important role in ensuring the integrity of professional qualifications and in protecting the public. The CHE has signed Memoranda of Agreement/ Understanding with several professional bodies to promote cooperation and collaboration that ensures the quality of qualifications that lead to professional registration.

Additional notes:

The role of the CHE in quality assurance of qualifications is upheld in the Higher Education Act and universities’ senates and councils play an important function in safeguarding the academic integrity of qualifications. While some universities still offer and award qualifications that are not aligned to the HEQSF to pipeline students that were registered before 31 December 2019, these are being phased out. This is done while offering and awarding HEQSF aligned qualifications with different nomenclature.

The Department will, for a period maintain two separate PQMs for each university, HEQSF aligned and non-aligned. The Department envisages that non-aligned qualifications for distance education programmes will be phased out by 2028 and non-aligned contact programmes, by 2026.

Reply:

a) The following strategies and plans have been put in place to address the 334.41 million reduction in Department’s baseline for Programme 3: Food Security, Land Reform and Restitution:

• Restitution:

Due to the declining budget, the Commission on Restitution of Land Rights (the Commission) reduced its Annual Performance Plan targets from 355 claims settled in 22/23 financial year to 349 in the 23/24 financial year and 319 for the 24/25 financial year. Taking cognisance of the increased value of settlements and the declining budget, the Commission has aligned the settlement and finalisation targets with the allocated budget.

• Land Redistribution and Tenure:

Equitable access of land includes the security of tenure; although the budget cut will restrict the acquisition of new land, the Department of Agriculture, Land Reform and Rural Development (DALRRD) will effect transfer of state land under leasehold into freehold title which will increase the ownership of land and security of tenure. DALRRD will also fast-track the settlement of outstanding labour tenants’ claims as they cost less compared to land acquired for land redistribution and security of tenure will be enhanced.

b) Further details are as follows:

• Restitution:

The Backlog Reduction Strategy (this refers to the settlement of old order claims) that targets the pre-1998 claims is currently being implemented in the Commission in line with the allocated budget. The strategy was to reduce the target from 408 to 319 for the 2024/25 financial year.

• Land Redistribution and Tenure:

The Inter-Ministerial Committee (IMC) on Land Reform, directed DALRRD to explore policy proposals to effect transfer of state land under leasehold to current lessees or occupants into freehold title. Consultation with the affected lessees has been done and concurrence with National Treasury has been obtained.

The decision is premised on the following:

• • Limitations of leasehold in terms of access to private capital to develop the land;
  • Limited government funding to support all lessees; and
  • Costs for maintaining and administering leased land.

Reply:

(a),(b),(c),(d),(e) None.

(i),(ii) Falls away.

Reply:

a) The students in question are not offering their services in the office in Cape Town but they are receiving training under the Work Integrated Learning (WIL) programme offered, either in partial fulfilment of their academic qualifications and / or in meeting the requirements for registration with the South African Geomatics Council (SAGC). These conditions are explained to them prior to commencement of the training. There are no contracts signed with the students.

b) There is no provision to remunerate students who are neither bursary holders nor persons in the internship programme.

Reply:

a) In terms of proclamation 88 of 2022, the SIU initiated investigations on potential misuse and/or misallocation of funds by the institutions. Once the SIU has concluded its report, the Department will study the report, and engage the NSFAS and institutions which are implicated by SIU before it takes any steps. The Department has in the interim asked universities to conclude outstanding financial reconciliations.

b) NSFAS is improving its internal controls and reconciliation processes to identify outstanding funds and recover or process payments due far sooner. The Department further monitors the performance reports of universities and conducts site visits, reviews audited financial statements and annual reports of the universities, and where substantial evidence or complaints on maladministration are reported to or detected by the Department, investigations are undertaken as per the empowering provisions of the Higher Education Act (1999).

Section 42 (1) of the Higher Education Act 101 of 1997, as amended, states that the Minister may issue a directive to the council of Public Higher Education Institution (PHEI) if the Minister has reasonable grounds to believe that the Council or the Management of the PHEIs, (a) is involved in financial impropriety or the PHEI is being otherwise managed’.

If Section 42 (1)(a) is not fulfilled, then the Minister may consider Section 42 (4), which states that “in the event that the Minister has reasonable grounds to believe that the council of the PHEI concerned has failed to comply with the directive contemplated in this section within the stated period, or the steps taken, fail to remedy the deficiency within a reasonable period of time, the Minister may, depending on the circumstances-

(a) appoint an independent assessor in accordance with section 44; or

(b) appoint an administrator in accordance with section 49B; or

(c) take any other appropriate action allowed by this Act or any other law”, as a form of intervention.

Reply:

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Reply:

(a)& (b)

The following systems and precautionary measures are in place to prevent the involvement of officials of his department in identity theft:

• In terms of the Departments’ Information Security Policy, a model built around proactive risk assessment and risk management, Biometric Access Control Management (BACM) system is in place, that all officials responsible for capturing transactions on the National Population Register system within the domain of the organization, are assigned with biometric fingerprint authentication, to detect and hold users liable for fraudulent activities and information stored digitally, at any point in the Department systems.

• The Department in 2013 introduced and implemented the Live Capture system aimed at eliminating manual intervention by users, resulting in reduction of error rate and streamlining of business process for the issuance of Smart Identity Cards and Passports to citizens. The Department has also rolled out the system to 206 modernised offices. The Smart ID Card is engraved with security features that cannot be easily tampered with to prevent identity theft and fraud.

• Furthermore, the Live Capture system entails an online verification feature whereby any member of a public is verified against the Home Affairs National Identification System (HANIS), when applying for enabling documents. Similarly, the banks that offer Home Affairs services, have online verification whereby they can verify the legitimacy of client’s fingerprints as they are linked to departmental systems

• The Department reassessed the current business processes to close gaps identified within the passport application process. The department periodically reviews the passport security features in line with the International Civil Aviation Organization (ICAO) Standards.

END

Reply:

ALEXKOR

According to the information from Alexkor:

(a) R189 202,87 paid to Mr. L Pitsoe in January 2022;

(b) The position of Chief Operations Office does not exist; and

(c) No bonus paid.

DENEL

According to the information from Denel:

Denel SOC Ltd has not paid out any bonuses to the Chief Executive Officer, Chief Operations Officer and the Chief Financial Officer since May 2019.

ESKOM

According to the information from Eskom:

(a) (b) (c)

No bonuses have been paid out to any of the abovementioned positions since May 2019.

SAFCOL

According to the information from Safcol:

The South African Forestry Company SOC Limited made the following payments since May 2019.

Bonuses Paid during the below FY’s (2019-2023)
Position	2019/20	2020/21	2021/22	2022/23	2023/24
a) Chief Executive Officer	0	0	0	173,359	0
b) Chief Operations Officer	0	0	0	159,032	0
c) Chief Financial Officer	0	0	0	146,376	0
Grand Total	0	0	0	478,767	0

SOUTH AFRICAN AIRWAYS

According to the information from SAA:

Since 2019, the following information should be noted with regards to South African Airways (SAA), bonus to CEO, COO and CFO since May 2019.

Year	Chief Executive Officer	Chief Operations Officer	Chief Financial Officer
2019	R nil	R nil	R nil
2020	R nil	R nil	R nil
2021	R nil	R nil	R nil
2022	R nil	R nil	R nil
2023

TRANSNET

According to the information from Transnet:

Transnet has not paid any incentive bonuses to either the Group Chief Executive or the Group Chief Financial Officer since May 2019

Remarks: Reply: Approved / Not approved/ Comments

Jacky Molisane PJ Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

1. The available information is attached as Annexure A.

2. The available information is attached as Annexure B.

END