Questions and Replies

Reply:

REPLY:

a) The South African Police Service’s (SAPS) fleet complement, of vehicles procured, is a total of 47 897. This figure includes: vans, minibus, SUVs, Buses, Trailers, trucks etc.

b) The estimated monetary value of the specified vehicles is R16 356 121 734.00.

Reply:

According to the information received from Transnet

(1)

Work done to date: After the initial Container Port Performance Index (CPPI) report was published in 2021, Transnet engaged with the World Bank (WB) to understand the methodology for the ranking. Transnet Port Terminals (TPT) pointed out irregularities in their data – the dataset contained information from four (4) multi-purpose terminals in Durban and only one (1) container terminal. TPT offered to share its data with IHS-Markit to ensure data credibility, however, this offer was refused because the methodology needed to be consistent for all ports. Despite these discussions, it remained difficult to grasp the intricate mix of ship sizes, call sizes, and the various methodologies employed by the World Bank to determine the ranking.

Data Discrepancies: Apart from including Multi-Purpose Terminals in the South African data, not all Shipping lines participated in the information sharing, therefore rendering the sample unrepresentative.

Actions to resolve: In July 2021, Transnet received a World Bank Consultant assessing the container terminals and making recommendations to improve the performance.

• First Visit (November 2021): Transnet hosted the World Bank Consultant at the Durban and Ngqura Container Terminals. A report with recommendations was submitted, and 45 priority actions were identified. Local meetings tracked progress, involving feedback to the Transnet group and TPT Headquarters.
• Second Visit (August 2022): The consultant focused on Cape Town, spending only two days in Durban and Ngqura each. Feedback confirmed progress, leading to a re-prioritized action list. 44% of initiatives – such as planner training were implemented, and 28% were in progress.

Industrial action (November 2022) and severe storms (April 2022 and September 2023) offset some gains from implementing the recommendations. While some small-scale improvements occurred, the World Bank consultant’s recommendation did not significantly impact Transnet’s ranking on the CPPI. Equipment remains the single biggest critical factor in improving vessels' turnaround time.

(2)

Transnet worked with the World Bank to improve its operations, improve ranking and understand the methodology used. It was not intended to enable privatisation. Transnet has a strategy supported by the Freight Logistic Roadmap that promotes crowding in private capital and to reduce the burden on the fiscus.

Transnet is on record indicating its disagreement about using the CPPI as a productivity measure. It is recommended that we acknowledge the World Bank’s efforts but emphasize that substantial gains require investment in necessary equipment, amongst others.

Thank you

Reply:

(1&2). This matter may be considered a dispute between an aggrieved athlete and the National Federation or any other relevant party. The athlete is alleging unfair de-selection or withdrawal from the Team. As such it should be dealt with in terms of Section 13 of the National Sport and Recreation Act 18 of 2007. Section 13(1)(a) of the said Act directs as follows “Every sport or recreation body must in accordance with its internal procedures and remedies provided for in its constitution, resolve any dispute arising among its members or with its governing body. Section further sets forth the processes and procedures to be followed in dealing with these matters. 

In addition, Section 13(5)(a) sets out the conditions within which the Minister may intervene. In terms of Section 13 (5) (b) (ii) of the National Sport and Recreation Act, the Minister is debarred from involvement in matters relating to selection of teams. The Section states that “The Minister may not interfere in matters relating to selection of team, administration of sport and appointment of, or termination of the service of, the executive members of sport or recreation bodies. 

The above provisions are premised on the directives of the Olympic Charter presented below for ease of reference. Article 27(3) “The National Olympic Committees (NOC) have the exclusive authority for the representation of their respective countries at the Olympic Games and at the regional, continental or world multi-sports competitions patronised by the IOC. In addition, each NOC is obliged to participate in the Games of the Olympiad by sending athletes” Article 27(7) (7.2) “The NOCs have the right to send competitors, team officials and other team personnel to the Olympic Games in compliance with the Olympic Charter” Article 27(9) “Apart from the measures and sanctions provided in the case of infringement of the Olympic Charter, the IOC Executive Board may take any appropriate decisions for the protection of the Olympic Movement in the country of an NOC, including suspension of or withdrawal of recognition from such NOC if the constitution, law or other regulations in force in the country concerned, or any act by any governmental or other body causes the activity of the NOC or the making or expression of its will to be hampered”. 

Section 29 of the Olympic extends the same provisions to the National Federations. 

(3). In line with the above the Team and Athlete Selection Policies and Selection Criteria fall outside the jurisdiction of the Minister. The selection policy is set by the National Olympic Committee (SASCOC) through its General Council. National Federations further set their sport specific Selection Policies and Selection Criteria in line with their Constitutions. 

(4). Participation at an elite level is highly competitive. Athletes should never lose hope but continuous strive to better themselves in preparation for future competitions. 

NATIONAL ASSEMBLY 

QUESTION NO. 54-2024 

WRITTEN REPLY 

INTERNAL QUESTION PAPER NO. 54 – 2024, DATE OF PUBLICATION 18 JULY 2024: 

MR LG MOKOENA (EFF) TO ASK THE MINISTER OF SPORT, ARTS AND CULTURE: 

(a) What is the total cost of maintaining the Art Bank of South Africa and (b) how has its 

upkeep been financed on a yearly basis since its inception on 12 December 2017? NW55E 

REPLY 

(a) The average cost of maintenance of the Art Bank of South Africa has between R3.2million and R4.7million between 2016 and 2024. This cost is inclusive of the operational costs and annual spend on acquisitions. 

(b) The programme is financially supported with an annual allocation of R3million in 2016/17, 2018/2019, 2019/2020, 2020/2021, 2021/2022 and R6million in 2022/2023 and 2023/2024. 

The Art Bank of South Africa programme was placed within the National Museum, an entity of DSAC to keep the staffing needs and operational costs of the programme low. 

NATIONAL ASSEMBLY 

QUESTION NO.135-2024 

WRITTEN REPLY 

INTERNAL QUESTION PAPER NO. 02-2024 DATED 26 JULY 2024 

“MR T P MOGALE (EFF) TO ASK THE MINISTER OF SPORT, ARTS AND CULTURE: 

1. What (a) actions will he undertake to fast-track name changes across the Republic and (b) what are his intentions regarding statues of colonial and apartheid leaders which are still publicly displayed. 

2. Whether the Minister will consider introducing a Bill giving him powers to institute name change processes and not rely on municipalities to facilitate the process of name changes; if not, why not; if so, what are the relevant details. NW150E 

REPLY 

1(a). The South African Geographical Names Council (SAGNC) working together with the Provincial Geographical Names Committees (PGNCs) has been embarking on an ongoing public awareness campaign on the need to transform the geographical names landscape. 

It will continue with this process and is currently planning to conduct national awareness using both national broadcasting and social media platforms. 

(b). Following National Consultation across the nine provinces, the Department of Sport, Arts and Culture appointed a Ministerial Task Team to advise on the transformation of South Africa’s heritage landscape in the 2017/2018 financial year. 

The Ministerial Task Team produced a report with recommendations. 

The report was tabled to Cabinet for endorsement 2020/2021. 

 

As part of implementation of the recommendations, the Department through the South African Heritage Resources Agency (SAHRA) conducted a national audit of all statues in South Africa in the 2021/2022 financial year. The process for the relocation and repositioning of the symbols and statues was to be guided by National Heritage Resources Act. No. 25 of 1999. 

However, the National Treasury declined the Department’s request for the budget allocation regarding the relocation, repositioning and curation into Regional Cultural Nation Building Parks of statues and monuments not in line with the values and spirit of the constitution. 

Once the budget is made available, SAHRA together with Provincial Heritage Resources Authorities and local authorities and guided by National Heritage Resources Act, 1999 (Act 25 of 1999) will ensure stakeholder involvement and public consultation with all the relevant and interested parties in the relocation, repositioning and curation into Regional Cultural Nation Building Parks of statues. 

2. The South African Geographical Names Council (SAGNC) Act No. 118 of 1998, the Promotion of Administrative Justice Act (PAJA) Act No. 3 of 2000, and the United Nations Resolutions on geographical names stress on public involvement/inclusion concerning the standardization of geographical names. 

All members of the public, especially those who have been historically marginalised have the right to have their voices heard in the transformation of geographical names. Communities must identity/support the new names where old names are being replaced. Municipalities facilitate public consultations. 

Thus, it is crucial for the Minister to rely on the involvement of both municipalities and the public. 

NATIONAL ASSEMBLY 

QUESTION PAPER NO. 6 

FOR WRITTEN REPLY 

INTERNAL QUESTION PAPER NO. 1- 2024 DATED 18 JULY 2024: 

“Ms N N Chirwa-Mpungose (Gauteng: EFF) to ask the Minister of Sport, Arts 

and Culture” 

(1) Whether, in light of his department’s provision of annual bursaries to heritage, anthropology and archaeology students to pursue undergraduate and postgraduate studies, he will expand such bursaries to accommodate a bigger group of students in pursuit of such courses; if not, why not; if so, what are the relevant details. 

 

REPLY 

The heritage bursaries programme aims to bridge the heritage sector skills gap in arears of critical and scarce heritage skills such as forensic anthropology, forensic and marine archaeology, conservation, intangible cultural heritage and IKS protection and promotion, digitization, marketing of heritage. 

The programme has an annual target of 45 students with a total budget of R5 030.000. The target number can be increased if resources allow. 

(2) Whether he will include internship programmes that will absorb the beneficiaries and/or graduates in the said course codes; if not, why not; if so, what are the relevant details. 

REPLY 

The Department also developed a placement strategy that seeks to equip unemployed graduates with the necessary skills in the sector. This placement programme was implemented in April 2023 and runs for a period of two (2) years before the next intake of interns (unemployed graduates) takes place. 

Currently, there are 15 interns (unemployed heritage graduates) that are employed in the sector. The DSAC has also developed a database of all unemployed graduates which is updated every third quarter of each financial year. During the past financial year, four (4) interns were absorbed into the heritage sector by accepting permanent positions. These previously unemployed graduates have since been replaced with new interns from the database.

Reply:

According to the information received from Transnet

a) Transnet is aware of the Economic Regulation of Transport Bill signed by the President on the 11^th of June 2024, which may affect Transnet’s business operations. It involves the establishment of a Transport Economic Regulator by the Department of Transport; responsible for regulating prices across the transport sector, investigate complaints, monitor, and enforce compliance in the transport sector. Transnet had been monitoring the development of this legislation and made inputs through appropriate structures during the consultation process. Transnet’s portfolio of businesses already includes ‘regulated businesses’ such as National Ports Authority (TNPA) and Transnet Pipeline, which are already subjected to regulations in terms of tariffs. This legislation is therefore likely to impact on Transnet’s terminal operations and rail operations businesses. Transnet welcomes this legislation and will support implementation as it seeks to promote an effective and productive transport sector.

b) The National Rail Policy White Paper was signed by Cabinet on 23 March 2022. The White paper makes allowance for private railway operators to operate on Transnet rail infrastructure.

c) Cabinet had, in December 2023, approved at least two key documents that involve private sector participation in Transnet i.e. the Freight Logistics Roadmap and Rail Private Sector Participation Framework. It must be noted that Transnet’s current strategy, the Reinvention and Growth Strategy, had already identified opportunities to leverage private sector participation in strengthening logistics value chains across rail, ports, terminals, and pipeline businesses, especially for key sectors of the economy such as mining commodities, manufacturing, energy, and agriculture. The leverage required would be in the form of capital investments; skills and knowledge; opening and growing market share for Transnet in South Africa and into regional markets. Engagements, through the National Logistics Crisis Committee (NLCC) are ongoing in identifying and pursuing optimal involvement of the private sector to deliver value as envisaged in the Freight Logistics Roadmap. The mechanism for the implementation of the Private Sector Participation (PSP) Framework is still under development, and more clarity is expected in the future from the Department of Transport.

Thank you

Reply:

Currently there is no plan to repurpose portions of the public hospitals into private sections. Instead many public hospitals also attend to patients that have medical aid cover who prefer to be cared for in public hospitals. These patients get admitted to normal wards like all other patients without discrimination. There was an attempt previously to create private wards inside the public hospitals which was counter-productive as Doctors would bring their private patients and pay more attention to them at the expense of public patients. The current experience is that an increasing number of privately funded patients also seek care in public hospitals.

END.

Reply:

1. Doctors who hold the status of a medical officer and not that of a medical specialist or intensivist are allowed to administer treatment to a patient in the intensive care unit (ICU) provided that they have received appropriate basic training for managing critically ill patients or are under the supervision of a medical specialist or intensivist.
2. Medical officers and intensivists are allowed to certify a patient dead within the ICU.
3. All surgeons are allowed to administer and/or recommend treatment to patients in ICU.
4. No nurse and/or doctor within the ICU is allowed to switch off the life support systems without seeking the permission of the patient’s family and/or making the family aware of the proposed decision. If a need arises, families are notified and counselled and should they agree, they are given a consent form to sign, authorising the switching off of the life support.
5. In an instance where due process to switch off a patient’s life support system was not followed, the family should engage the hospital authorities and submit a complaint with the senior hospital management.

END.

Reply:

It is important to advise the Honourable Member that Leratong Hospital is not in Katlehong.

According to the Gauteng Department of Health there was a delay in attending to the damaged and collapsed theatre ceilings at Leratong Hospital in Krugersdorp. However, emergency procurement of service providers was done and the renovations were completed in all theatres in April 2024.

The two chillers that were found to be out of service and affecting the theatres' functioning are in full service. One chiller just required recoding, which was done during May 2024. The second chiller required new parts, which were also sourced and installed during May 2024 and are now fully functional. All eight (8) theatres in Leratong Hospital are fully functional, and surgeries are being performed.

END.

Reply:

1. There is no agreement between the Health Department and the CCSSA regarding the management of patients in the ICU. It is therefore not mandatory for medical practitioners, such as doctors and nurses, who conduct family counselling sessions at the intensive care unit (ICU) to use the counselling session form of the Critical Care Society of Southern Africa (CCSSA). Patient files and/or forms used should always have the patient’s details on them.

2. Any information about a patient management is captured in a ICU patient file not in a separate hard-cover notebook.

3. It is not mandatory for medical practitioners, to use counselling session form or the hard cover notebook of the Critical Care Society of Southern Africa (CCSSA). It is normal practice for family members to request and be allowed to access notes written about patients but there are strict processes that need to be followed in terms of Promotion of Access to Information Act.

This Act gives the constitutional right of access to any information held by the State and any information held by private bodies that is required for the exercise and protection of any rights.

4. Family members should not be denied access to patient’s medical information. However, there are processes that need to be followed in terms of Promotion of Access to information Act which gives the constitutional right of access to any information held by the State and any information held by private bodies that is required for the exercise and protection of rights including patients’ rights.

5. Health facilities are also guided by Promotion of Access to Information Act. If there is any violation of this right, the Promotion of Access to Information Act should be consulted and its provisions applied for redress. Families can also approach the Health Ombud’s Office to lay a complaint and request investigation where they feel that a violation regarding access to a patient’s information has occurred.

END.

Reply:

According to the Gauteng Department of Health, the case of a 35-year-old female patient who died due to the fire that occurred at the Dr George Mukhari Hospital is still under investigation by the South African Police Service (SAPS) and has also been referred to the Health Ombudsman. The Gauteng Department of Health provided psycho-social support to the family and assisted in the burial of the deceased patient.

END.

Reply:

1. The Department of Employment and Labour has implemented the no work experience requirement in entry level posts and will continue advocating for more learnerships and internships to ready entrants into the labour market.
2. No, this was not a stunt or political point scoring as Government has ensured that learners can gain valuable skills and experience without personal financial burden. The learner-ships and apprenticeships assist learners to align with industry needs, equipping them with the necessary skills for employability.
3. As much as the competency and responsibility of supporting industrialisation in the minerals sector in order to create factories for purification and the entire value chain does not rest with the Department of Employment and Labour, work in this space falls into the collaboration commitment with sister departments, that Department of Employment and Labour (DEL) is very much keen on. We plan to lead DEL to upping the ante pertaining to coordination work of all job creation initiatives, interventions, creativity and innovations that are found in various government departments, spheres of government as well as public agencies.
4. The Department of Employment and Labour through the Unemployment Insurance Fund (UIF) supports numerous initiatives under its Labour Activation Programme (LAP) aimed at stimulating employment and ensuring employability. Moreover, through the UIF that works closely with Public Investment Company (PIC), the Department has supported different sectors of our economy to create employment.

END

Reply:

1. It is not mandatory for nurses who work in the high care and intensive care units (ICU) to register with the Critical Care Society of Southern Africa (CCSSA).
2. South Africa does not have a large number of medical doctors who are trained as intensivists (ICU specialists). Medical doctors who are not intensivists are therefore allowed to work in the ICU and administer treatment to patients provided that they have received appropriate basic training for managing critically ill patients.
3. ICU holds a separate medical file from the main hospital file of each patient At the ICU the clinicians use ICU charts to capture patient’s condition during their stay.
4. The family members are required to follow processes as stipulated by the Promotion of Access to information Act which gives the constitutional right of access to any information held by the State and any information held by private bodies that is required for the exercise and protection of any rights. They should therefore submit an application to the hospital chief executive officer requesting access to the record/s.

END.

Reply:

(1)(a) The 1994 democratic breakthrough introduced a Constitution that entrenched land reform in sections 25 (5),(6) and (7). Since 1994, over 9.2 million hectares have been acquired through various government-driven land reform programmes such as Land Redistribution, Tenure Reform and Restitution.

As part of the state land release initiative to accelerate land reform, 659 602 hectares of agricultural state land were allocated for various purposes.

Furthermore, through the Transformation of Certain Rural Areas Act (TRANCRAA) No. 94 of 1998, 599 000 hectares have been transferred to coloured communities, where such land was held in trust for the respective communities.

(b) To ensure that land redistribution is both equitable and efficient, the Department has developed, amongst others, the following policies:

• Provision of Land and Assistance Act No. 126 of 1993 to provide for the acquisition of land, planning, development, improvement and disposal of property and the provision of financial assistance for land reform purposes; to provide for the maintenance of property for land reform purposes; and to provide for matters connected therewith.
• Proactive Land Acquisition Policy to provide for the procedure for acquisition of land; define the beneficiary categories and groups for land allocation; and for the approval processes.
• State Land Lease and Disposal Policy to guide on the leasing of state land, whether for agricultural or commercial development purposes and the disposal thereof.
• Beneficiary Selection and Land Allocation Policy to provide access to land on a transparent and equitable basis to previously disadvantaged South African citizens in compliance with the Constitution.
• Land Donation Policy to encourage landowners to donate land to advance land reform.
• The Department has commenced development of the Land Redistribution Policy and Bill to further enhance land redistribution.

(2)(a) A Backlog Reduction Strategy was developed to create a detailed database of all outstanding claims to be settled. The strategy focuses on improved policies and standard operating procedures to reduce the time it takes to settle a land claim.

(b) The proposal of a new structure to increase funding to provide for both human and financial resources to implement the strategy has been submitted for approval.

3. The Department has developed programmes that support farmers including land reform beneficiaries i.e., Comprehensive Agricultural Support Programme (CASP), Blended Funding Model (BFM) and Land Development Support as well as the Cabinet approved National Policy on Comprehensive Producer Development Support (NPCPDS).

The Department offers various training programmes to beneficiaries and new landowners through the Comprehensive Agricultural Support Programme (CASP) categorised as follows:

• Production such as goat, poultry, crop, maize, dairy, beef, etc.
• Business and Entrepreneurship such as Bookkeeping, Business Management, Financial Management, Record Keeping, Marketing, etc.
• Occupation Health and Safety, Safe Use of Chemicals, and Fire Management, etc.
• Agro–Processing such as Value Addition, Packaging, and Marketing.

Through the Land Development and Post Settlement Support model, the Department has entered into Service Level Agreements with commodity organizations and financial institutions to enable skills transfer, market access and sustainability of farming operations where emerging farmers have been allocated land.

These partnerships provide an opportunity for farmers to build their credit profiles to enable them access to finance as well as access to markets.

National Policy on Comprehensive Producer Development Support (NPCPDS) policy designed to bring together producer support from both government and private sector in a coordinated manner

4. To balance land reform with agricultural production, the President appointed the Presidential Advisory Panel on Land Reform and Agriculture in 2018. The Advisory Panel provided independent expert advice and recommendations which are included in the Programme of Action (POA) and are processed through the Inter-Ministerial Committee (IMC) on Land Reform and Agriculture, chaired by the Deputy President.

To enhance the utilization of land, the Department worked with social partners in the development of the Agriculture and Agro-Processing Master Plan (AAMP). The AAMP is key in ensuring the productive utilization of land for primary production that is linked to agro-processing and marketing.

Reply:

No. The Traditional and Khoi-San Leadership Act, 2019 (Act No. 3 of 2019) (TKLA), which is the basis for which Khoi-San communities and leaders are recognised only makes provision for the recognition of Senior Khoi-San leaders and Branch Heads, and not for the recognition of Khoi-San kings and chiefs.

I am advised that my predecessor, Minister Nkosazana Dlamini-Zuma established the Commission on Khoi-San Matters (the Commission) on 1 September 2021 in compliance with section 52(1)(a) of the TKLA. In terms of the Act, the mandate of the Commission is to receive applications for recognition of Khoi-San communities and leaders, conduct research and investigations on the received applications and make recommendations to the Minister for a decision on the recognition of Khoi-San communities, hereditary senior Khoi-San leaders, elected senior Khoi-San leaders and branches and branch heads.

Section 5 of the Act specifies the qualifying criteria for which an applicant community and person should comply to be recognised as a Khoi-San Community and leader, respectively. I am advised that to date the Commission received 125 applications for recognition of Khoi-San communities and leaders and all the applications were not compliant with the criteria, they did not have the required information and documents for the Commission to determine whether they qualify for recognition in terms of the set criteria. Therefore the Commission could not make recommendations to the Minister for a decision.

To address this challenge the Commission had to start a process of supporting the applicants to accurately complete the application form and submit information required in terms of the criteria in section 5 of the Act, the process which the Commission refers to as Applicant Member Investigations (AMIs). I am advised that, to date the Commission has completed 47 AMIs of the received applications, 40 applicant members refused to partake in the AMIs. I am further advised that the Commission will finalise the AMIs for the remaining applications in the current financial year, after which the process of consolidating recommendations to the Minister will follow.

End.

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Reply:

a) The total number of delictual claims pending against the South African Police Service (SAPS) until the end of June 2024 are 43 954 in respect of alleged recklessness, negligence and misconduct cases.

b) The total amount on contingent liability until the end of June 2024 is estimated at R65 360 878 668.64.

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a) There are no plans to review the taxation of the cost-of-living allowances in the near future. A review of the taxation of the allowances was done by National Treasury, SARS, the Department of International Relations and Cooperation (DIRCO) and Parliament in 2001, 2002 and 2012.

b) Cost-of-living allowances for diplomats are not taxed, so there is no impact.

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Reply:

(a)(b)(c) The total amount spent, completion date and the delays on this project cannot be determined by the South African Police Service due to the fact that the police station is a non-devolved facility and the project is executed by the National Department of Public Works and Infrastructure (NDPWI).

Reply to question 76 recommended/ not recommended

 

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Reply:

1. Yes, the HEU stockpiles are kept and declared to the International Atomic Energy Agency (IAEA) as per the Comprehensive Safeguards Agreement (CSA), INFCIRC/394

a) (i) The enrichment level is classified information

(ii) See (a)(i) above.

b)  The Department is in the process of developing strategy for critical minerals. The long-term sustainability of any minerals will be considered in the context of that strategy.

2. No request has been made by any country in the past six years, for the Republic to downgrade its HEU.

Reply:

(1)(a) Cost-of-living allowances for diplomats are exempt from income tax, as provided for in section 8(1)(a)(iv) of the Income Tax Act, 1962.

(b) The taxability of the allowances was reviewed in 2001 and it was decided to tax the previously exempt allowances. However, based on representations by the Department of International Relations and Cooperation (DIRCO) following the introduction of the residence basis of taxation, it was decided to restore the exemption in the Revenue Laws Amendment Act, 2002. The taxation of the allowances was reviewed again in 2012 and the exemption was maintained in the Taxation Laws Amendment Act, 2012.

The amounts of the allowances are determined by the Minister of Public Service and Administration (in a Foreign Service Dispensation), after consultation with DIRCO. It is important to note that the allowances are funded by tax revenue. If the quantum of the allowances were to be reduced by taxation and it were necessary for a diplomat to incur higher costs in a specific country to maintain a specified standard of living in that country, the shortfall would need to be funded by way of an additional budget allocation from tax revenue by National Treasury to DIRCO.

(2) The taxation of the allowances is governed by the provisions of the Income Tax Act, 1962, as noted above. In terms of international law, diplomats on assignment in other countries are only subject to taxation on their remuneration in their home countries. Similarly, double taxation agreements provide that civil servants on assignment in other countries are generally only taxable on their remuneration in their home countries. Accordingly, cost-of-living allowances for civil servants are also exempt from income tax, as provided for in section 8(1)(a)(iv) of the Income Tax Act, 1962.

Employees in the private sector, on the other hand, may be taxed on their remuneration in both their home countries and the foreign countries in which they work. In order to simplify issues around double taxation relief and cater for cost-of-living allowances, which form part of remuneration for private sector employees, section 10(1)(o)(ii) of the Income Tax Act, 1962, provides for the exemption of up to R1.25 million of remuneration a year for work outside South Africa. The section requires that the employee be outside South Africa for at least 183 full days in total in any period of twelve months of which more than 60 days must be continuous.

Reply:

(1)(a) Over 80 000 old order claims.

(b) 163 383 new order claims.

2. The Commission on Restitution of Land Rights (CRLR) is prohibited from processing any new-order claims lodged between 1 July 2014 and 28 July 2016 until it has settled or referred to the Land Claims Court (LCC) all claims lodged on or before 31 December 1998 (old-order claims) or Parliament introduces new legislation to deal with the interdicted claims.

In addition, the Chief Land Claims Commissioner must file a report with the LCC at six-monthly intervals from the date of this order, setting out the number of outstanding old-order claims and how the CRLR intended processing them with an anticipated date of completion. The CRLR should also indicate the nature of any constraints, whether budgetary or otherwise, it faced in meeting its anticipated completion date.

The CRLR has, to date, submitted nineth reports to the LCC in compliance with the requirements of LAMOSA 2.

END

Reply:

Since the beginning of this year, Eskom’s plant availability has been trending upwards, supported by decrease in unplanned losses. Generation has been able to maintain the unplanned losses below -14 000 MW throughout the winter period, while leveraging the improved performance to conduct additional short-term Planned Capacity Loss Factor (PCLF).

The Generation fleet is showing more reliable performance going into the summer of 2024 commensurate to 2023. All indication suggest that this performance trajectory is sustainable. We continue to drive efforts to complement the coal fleet with new generation capacity in line with the IRP, including conversion of the Open Cycle Gas Turbine (OCGT) from Diesel to Gas and from open to close cycle operating systems.

 

 

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1. The NARYSEC Policy was amended in March 2022 to include Phase 4 of the programme which is facilitating exit opportunities after the skills development programme. Please refer to Annexure A for the list of exit opportunities made available to four (4) intakes in 2022 and 2023.

2. No. NARYSEC does not have volunteers.

3. Falls away.

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The Department of Water and Sanitation (DWS) was made aware of a water supply interruption in the Gataote Village through a notice which was issued by Magalies Water dated 3 July 2024.

The water supply interruption was reportedly due to the refurbishment of the steel storage tank which was leaking excessively. Magalies Water has informed DWS that the refurbishment of the steel tank was completed on 15 July 2024 and that water supply to the Gataote village has been restored.

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(a) Regarding the implementation of catchment plans for mine water and wastewater management, the Department is actively addressing these critical issues through allocation of resources and enhancement of technical capacities. Significant progress has been made in the development and implementation of catchment plans across key areas such as Vaal, Orange, Mzimvubu-Tsitsikamma, Crocodile, and Limpopo Water Management areas.

One of the challenges identified in these catchment plans is the insufficient monitoring of water resources to accurately assess the impacts of mining activities and wastewater treatment works (WWTWs). To mitigate this challenge, laboratory services have been procured in all provinces to ensure robust monitoring of regional groundwater and surface water pollution, thereby enabling coordinated efforts to safeguard these vital resources. Additionally, capacity-building initiatives are underway to empower officials in effectively implementing the department’s Mine Water Management Policy in all provincial offices.

(b) Substantial investments are earmarked for the review of waste discharge standards across various catchments. This proactive measure is aimed at ensuring the maintenance of Resource Quality Objectives (RQOs), thereby enhancing overall environmental stewardship. In addition, additional personnel will be allocated to the Blue Scorpions to bolster their ability to investigate and take decisive action against non-compliance.

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Reply:

(1)(a) The concession was aimed at addressing those applicants who are affected by the backlogs experienced in the Department.

(1)(b)(ii) Skills transfer occurs for a category of visa, namely, Intra-Company Transfer, whereby the company is required to have a skills transfer plan.

(1)(b)(iii) The Department of Employment and Labour is responsible to conduct monitoring and evaluation of skills transfer plan at company level.

(2)(a) The Department has a dedicated Counter Corruption unit to manage and prevent such activities.

(2)(b) Changes on the current systems are being made to identify such types of applications.

(3) The concession covers all nationalities from across the globe.

(4) This questions should be directed to the relevant Ministry dealing with housing.

End.

Reply:

(1) The total number of private water-use licences that have been issued by the Department of Water and Sanitation are as follows:

(a) From 2021 to 2023, a total of 1410 water use licences were issued to private persons.

(b) From 1 January up to 19 July 2024, a total of 272 water use licences were issued to private persons.

(2) The Department does keep a record of the demographic details of the recipients of private water use licences.

(a) The total number of private water use licences awarded to white citizens and/or entities owned by white citizens from 2021 to 2023 is 919.

(b) The total number of private water use licences that have been awarded to white citizens and/or entities owned by white citizens from 01 January to 19 July 2024 is 156.

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Reply:

Pursuant to the Ministerial Committee reviewing the issuance of permits and visas (MinCom Report) (widely referred to as the Lubisi Report) (hereinafter referred to as the “Report”), the Department of Home Affairs appointed a Multi-Disciplinary Task Team (MDTT) operating under a joint venture known as Cognitive Analytical Litigation and Investigations (CAJV), to implement, inter alia, recommendations of the “Report”. The work of the MDTT focuses on 25 identified areas of priority and culminates into referral of identified matters to respective law enforcement agencies for criminal investigation, as well as to the Department’s Labour Relations Unit for possible disciplinary action.

As of 30 June 2024;

• 11 referrals have been made to law agencies. Recommendations of the MDTT are currently being implemented in collaboration with other law enforcement bodies, including the Special Investigation Unit (SIU), which is now mandated under a Presidential Proclamation (R154 of 2024) dated 16th February 2024 and provides for investigation of serious maladministration in connection with the affairs of the Department.

• 23 officials referred to Labour Relations in respect to the 11 referrals above.

The work of the MDTT is meticulous and complex, and requires that investigations are evidence-led so that once an official is charged, the only possible outcome should be guilty verdict. It should also be able to withstand an Appeals process so as to root out malfeasance within the Department.

a) The Special Investigation Unit (SIU) is probing visas issued due to the alleged activities.

b) The total number of approved cases since August 2022 to date is: 79 904.

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Reply:

a)  Two officials were successfully prosecuted by the criminal justice system, and they were sentenced to a term of five years, wholly suspended.

b) The two officials were charged with fraud in relation to the intentional and unlawful preparation and submission of fraudulent letters requesting that the rental deposit refunds be paid to their personal bank account instead of that of the Department.

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Reply:

a)  The Constitution, National Water Act, and Water Services Act compel the Department of Water and Sanitation to support municipalities and to intervene where there is non-compliance with the national minimum norms and standards. The Green, Blue and No Drop Certification programmes are tools to provide regulatory information regarding water and sanitation services, which are largely the Constitutional responsibility of municipalities.

The drop reports are both a regulatory mechanism and a support mechanism. The results of the reports are provided to all water services authorities, and they are advised as to the causes of poor performance and what needs to be done about it.

The Department is empowered by the National Water Act to issue notices and directives to municipalities to stop sewage pollution. When municipalities do not act on these notices and fail to provide the Department with plans to address sewage pollution, as a last resort the Department is empowered by the National Water Act to lay criminal charges against the municipality for the sewage pollution. Sometimes these regulatory actions are prompted by the results of Green Drop assessments, and sometimes they are prompted by other monitoring mechanisms of the Department.

In the past, DWS generally did not take strong regulatory actions against municipalities and relied on the inter-governmental relations approach which was not effective. However, DWS has been strengthening its regulatory function and making its regulatory actions more consistent, and this has resulted in an increased number of civil actions and criminal charges against municipalities which have not responded to notices and directives to take action to stop sewage pollution.

The Water Services Act does not contain similar provisions for the Department to issue notices, directives and to lay criminal charges for non-compliance with norms and standards for water and sanitation services. During the last financial year, the Department engaged in a public consultation process on proposed amendments to the Water Services Act. The amendments aim to strengthen the role of municipalities as Water Services Authorities, which are meant to function as local regulators to ensure that the local Water Services Providers provide services which meet minimum national norms and standards. The amendments propose that this should be done through the introduction of an operating license requirement for Water Services Providers, to ensure that they have a minimum level of competency. Water Services Authorities will be required to only approve and contract with Water Services Providers that have an operating license.

The amendments also provide for gross non-compliance with key norms and standards for water and sanitation services to be criminal offences, similarly to the National Water Act. The Water Services Amendment Bill will be submitted to Cabinet shortly, to seek approval for it to be tabled in Parliament.

The Blue, Green and No Drop reports assessments will be conducted bi-annually (i.e. once every two years) and progress assessments will be conducted during the gap year.

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Reply:

a)  Both DWS and COGTA allocate grants (RBIG, WSIG and MIG) to municipalities for water and sanitation infrastructure and have the power to ensure that these grants are used for their intended purpose. However, DWS does not have legislative powers to ensure that local governments earmark their own funds for either maintenance of existing water and sanitation infrastructure or for new water and sanitation infrastructure. Water and sanitation infrastructure is not a provincial function, and provincial governments cannot be expected to allocate funds earmarked for provincial functions such as basic education or health to municipal water and sanitation.

The RBIG and WSIG grants have conditions attached to them (prescribed by the Division of Revenue Act) requiring them to be used for new infrastructure projects, as well as for the refurbishment and upgrading of existing infrastructure. DWS is not allowed to use the grants to fund operation and routine maintenance of municipal water and sanitation infrastructure. Operation and maintenance of municipal water and sanitation infrastructure is supposed to be funded by municipalities from revenues raised from the sale of water and from sanitation charges. However, there is no legal requirement for municipalities to allocate such revenues to the water and sanitation function, and many municipal councils do not prioritise operation and maintenance of their water and sanitation infrastructure when they approve their municipal budgets. This problem is exacerbated by poor billing and revenue collection processes in many municipalities.

The table below indicates RBIG and WSIG allocations for the 2024/25 financial year per province:

Regions	RBIG 6b	RBIG 5b	Transfers to Water Boards	WSIG 6b	WSIG 5b	Total
	Budget allocation	Budget allocation	Budget allocation	Budget allocation	Budget allocation	Budget allocation
	R'000	R'000	R'000	R'000	R'000	R'000
Eastern Cape	317,423	707,935	0	45,000	562,092	1,632,450
Free State	649,208	220,112	276,084	32,000	330,959	1,508,363
Gauteng	710,863	0	279,000	28,425	246,742	1,265,030
KwaZulu Natal	0	428,744	315,000	200,000	1,070,000	2,013,744
Limpopo	752,661	126,013	317,000	429,973	483,713	2,109,360
Mpumalanga	351,595	497,246	0	113,415	442,470	1,404,726
Northern Cape	35,281	577,000	113,000	30,000	327,492	1,082,773
North West	226,095	401,333	1,152,194	167,905	429,996	2,377,523
Western Cape	14,831	894,000	0	0	144,209	1,053,040
Total	3,057,957	3,852,383	2,452,278	1,046,718	4,037,673	14,447,009

b) In addition to the RBIG and WSIG grants, DWS has established a Water Partnerships Office together with the DBSA and SALGA. The role of the Office is to provide support to municipalities to establish partnerships with the private sector. For example, it is currently supporting the eThekwini, Mangaung, Buffalo City, Nelson Mandela Bay and Tshwane municipalities to put in place performance-based public private partnership contracts to reduce non-revenue water.

The DWS is also working with the Infrastructure Fund and the Budget Facility for Infrastructure (BFI) to raise additional funding for municipal water and sanitation projects, in collaboration with willing municipalities. This involves collaborating in project planning, funding and implementation of large, blended finance projects.

DWS is also collaborating with industry, including the mining and agricultural sectors, to invest in new water infrastructure. For example, DWS is implementing two projects in Limpopo and the Northern Cape in partnership with mining houses and the relevant municipalities, through which DWS and the mines are jointly funding both bulk water infrastructure and new household connections to communities. The Olifants Management Model in Limpopo is a R25 billion multi-year partnership between DWS, municipalities and mining houses to construct bulk and potable reticulation water infrastructure to supply communities and mines in Sekhukhune and Mogalakwena in Limpopo. The programme will provide potable water to yard connection to an estimated 390 000 people. Similarly, the Vaal Gamagara Bulk Water Scheme in the Northern Cape is a partnership between DWS and mining houses to supply potable bulk water for mining, industrial, agricultural and domestic use.

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Reply:

Extortion and price gauging are regulated through South Africa's consumer laws which have been revised into two acts, The National Credit Act 34 (2005) and the Consumer Protection Act 68 (2008) are designed to protect consumers against the many abuses and practises such as overcharging, poor quality and overselling. The sale of water is regulated under these Acts and not directly by the Department of Water and Sanitation.

In addition, Section 8(1) of the Competition Act 89 (1998) prohibits a dominant firm from charging an excessive price to the detriment of customers or consumers, including items such as bottled water and tankers.

Cartels are explicitly prohibited under South African competition law. Competitors are not allowed to engage in collusive behaviour, including price fixing, bid rigging, market division, or any other concerted practices that substantially prevent, restrict, or distort competition.

It is not the role of the DWS to regulate and monitor the pricing of bottled water or water tankering service providers engaged by municipalities. It is the mandate of the DTI through the Competition Commission to regulate the pricing of bottled water and the costs for procuring water tankering through service providers.

The Competition Commission is the statutory body is SA that is empowered to investigate, control and evaluate restrictive business practises, abuse of power and mergers to achieve equity and efficiency in the SA Economy. The pricing of bottled water and determination of hourly rates for hiring of tankers is not part of the mandate of the department.

The department can only regulate standards for water quality of bottled water or water delivered to communities by water tankers.

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Reply:

The Department of Water and Sanitation (DWS) does not have sanitation funding targeting informal settlements. DWS, through its Water Services Infrastructure Grant, addresses sanitation challenges in Local and District Municipalities and not Metropolitan Municipalities. The funding is applied for by municipalities through submission of business plans. It is the municipalities that identify (within the business plans) areas within their demarcations where projects will be implemented.

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Reply:

(1)(a) The Department leases 214 (two hundred and fourteen) buildings from private owners through the Department of Public Works and Infrastructure.

(1)(b) The total amount spent by the Department for all leased buildings in 2023/24 is R343 946 721.37. The amount spent per building is set out in the schedule attached as Annexure A.

The management of all leases is administered entirely by the Department of Public Works & Infrastructure. The Department of Home Affairs is engaged with National Treasury to effect cost savings on the head office building in Pretoria. In this regard, a Public Private Partnership (PPP) has been registered, a suitable site has been identified in the Salvokop precinct (state owned land), and bulk services procured. The feasibility study identified a unitary payment shortfall and the Department is engaging National Treasury with a view to address the shortfall. In addition, the Department registered 15 capital works projects with the Presidential Infrastructure Coordinating Council in 2021. The purpose of this initiative is to construct purpose built Home Affairs offices on state owned land, in partnership with the private sector as part of Government’s capital investment drive.

(2)(a) The detailed list of leased buildings is set out in the schedule attached as Annexure A.

(2)(b) The names of the owners of each building are detailed in the schedule attached as Annexure A.

(2)(c) The amounts paid for each building is detailed in the schedule attached as Annexure A.

END.

Reply:

The DWS does not award water-tankering contracts to municipalities. Municipalities procure water tankering services through their own procurement processes and budget.

The position of DWS is that water tankering services should only be used for emergencies where water services interruptions are inevitable and where there is water rationing due to unavailable reticulation infrastructure, but only for temporary usage.

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Reply:

a)  In instances where water resources infrastructure projects are implemented by external implementing agents, the Implementing Agents (IAs) are required to assess all the key risks associated with the implementation of the projects. This includes the risks of cost overruns and time delays, in accordance with the respective institution’s risk policy framework and the Implementation Agreements entered into between the Department and the IAs.

b) A project risk register is developed for each project under implementation to address all key risks. The Department monitors the project risks on a quarterly basis and mitigation plans are developed and implemented to manage the risks as identified.

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Reply:

The former Minister of DWS has approved NWRIA business case and the Department is awaiting the President to sign the National Water Resource Infrastructure Agency (NWRIA) Bill. To prepare for the establishment of the Agency, the DWS has also been engaged with the following processes:

• The transition roadmap is in place and implementation is being managed together with TCTA
• The DG chaired the initial integrated workstream to ensure smooth transition and implementation of the transitional road map
• Various workstreams have been established to develop and implement an overarching change management plan, including a staff transfer plan and asset transfer strategy, as well as a communications plan
• The advertisement of Board and appointment of Nomination Committee by Minister will be initiated in August/ September 2024
• It is envisaged that the Minister will appoint the Board for the NWRIA by November/ December 2024. Thereafter, the Chief Executive Officer and executives will be appointed
• DWS will transfer ownership of all the national water resource infrastructure assets to the NWRIA, along with staff responsible for maintenance and operation of the assets
• All the functions, projects, staff and agreements of the TCTA will be transferred to the NWRIA at a date decided by the Minister within a period of twelve months of establishment.

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