Questions and Replies

Reply:

(a) The process for the disposal of some of the identified superfluous properties is currently at the approval stage, whilst others are at an advertisement stage. The total amount for commissions and taxes will only be determined at conveyancing stage and when sales have been successfully concluded by estate agents.

(b) Subject to approvals by National Treasury, the generated revenue will be used by the Department to fund new acquisitions/constructions and major refurbishments, using the National Treasury Self-Financing Mechanism

Reply:

The National Conventional Arms Control Committee (NCACC) administers the Prohibition of Mercenary Activities and the Regulations of Certain Activities in a country of Armed Conflict Act (Act 27 of 2006) that regulate and control matters related to the question posed. However, the competency and responsibility to enforce the law, gather intelligence, investigation and prosecutorial discretion, regarding the breach of the abovementioned laws does not reside with DIRCO but other Government departments such as the Departments of Justice and Constitutional Development, Defence and Military Veterans, State Security and the National Prosecution Authority.

Reply:

1. (a) The political parties of the respective BRICS Plus countries were invited by South Africa’s governing party, the African National Congress, to attend the BRICS Political Party Plus Dialogue. The South African Government was not involved in organising the BRICS Political Party Plus Dialogue. (b) The South African Government was not involved in the selection nor the extending of invitations to any political party.

2. (a) The Departmental contribution to the BRICS Ministerial of 1st and 2nd June hosted in Cape Town amounted to ZAR 9 848 909.51 (b) The South African Government and the Department of International Relations and Cooperation did not contribute to the BRICS Political Party Plus Dialogue. (c) The Department will only be able to provide information once the reconciliation of accounts has been completed.

3. (a) The full and cumulative costs for the BRICS Ministerial were ZAR 9 848 909.51.(b) The South African Government and the Department did not contribute financially to the 2023 BRICS Political Party Plus Dialogue. (c) The Department will only be able to provide the full and cumulative costs once the reconciliation of accounts has been completed.

Reply:

Following the allegations made by US Ambassador Reuben Brigety, he was dèmarched by the department. During the meeting between the Minister of International Relations and Cooperation and Ambassador Brigety, South Africa expressed deep disappointment and displeasure at the manner in which the allegations were made, especially since there are prescribed diplomatic protocols which should have been used to convey any grievance/concerns of the US Government in relation to the Lady R vessel.

In the wake of the release of the outcomes of the Investigation Panel into the Lady R, the Department will, after thorough consultation, decide on a course of action in respect of the US Ambassador, should this be deemed necessary, taking into account the overall impact on our bilateral relations with the US and the foreign policy interests of the country.

 

Reply:

(i) The total costs incurred by the Department in relation to the Parliamentary study tour to Europe was Euro 4290.90 with the following breakdown:

• Air Transport: 1287.00
• Hotel Accommodation: 1563.45
• Daily Allowance: 604.75
• Ground Transport: 835.70

(ii) The Department did not make any financial contribution to the African Peace Mission to Ukraine.

Reply:

1. Yes, a) BRICS member countries have a common understanding on what the process for a potential candidate should be as well as the standards and criteria for the inclusion of a new member. b) BRICS member countries have reached consensus on the guiding principles, standards, criteria, and procedures of the BRICS expansion process which are outlined in the agreed upon BRICS Expansion document.

2. The decision to invite the six new members was a consensus driven decision and that prospective members were considered on the basis of regional strategic influence, the support for multilateralism including its reform and the commitment to sustainable development.

South Africa and Iran enjoy an historical and fraternal relationship, with both countries interacting regularly, notably through the Joint Commission of Cooperation (JCC), with the 15th session of the JCC being held on 10 August 2023. This is the longest running and one of the most active structured bilateral mechanism South Africa has with any country in the Middle East Region. Through our bilateral relations and our cooperation in other multilateral fora, South Africa have continuously engaged Iran on a number of political and economic areas of cooperation, including human rights issues. For instance, South Africa as a member of the Human Rights Council, looks forward to making use of the Human Rights Dialogue Forum, to increase its bilateral cooperation on human rights issues, including constructive and meaningful dialogue, for mutual benefit with the Islamic Republic of Iran.

The inclusion of Iran as a new member of BRICS will provide a new platform to further enhance these engagements in the BRICS Spirit of mutual respect and understanding

Reply:

The Department of International Relations and Cooperation (DIRCO) and entities reporting to department have not made any contribution towards the establishment of the Mwalimu Julius Nyerere Leadership School in Tanzania and have not sent any visitors and/or participants to the school.

Reply:

1. There have not been any bilateral engagements between the President, Deputy President, the Minister of International Relations and Cooperation and officials in the department with their Ugandan counterparts regarding the anti-homosexuality bill signed into law by the President of Uganda, Mr Yoweri Museveni, in May 2023.

2. South Africa is guided by its Constitutional principles which seeks to amongst others, promote and respect human rights of all people including members of the LGBTQIA community. South Africa is monitoring developments in Uganda and will raise its concerns with the Ugandan authorities through diplomatic channels.

Reply:

The Department of International Relations and Cooperations is currently not able to provide a definitive answer regarding the total costs for the hosting of the BRICS Summit as invoices are still outstanding from the appointed suppliers. Once all invoices have been received and paid, will the department be able to provide the requested information.

Reply:

1. No recommendation was made to move the Summit to China. Instead, there was a focus on options that would maintain South Africa as the host of the Summit (being the Chair of BRICS in 2023) inside the borders of the country, whether in hybrid, or in-person format, to fully capitalise on the historic opportunity provided by the BRICS bloc expansion and the geo-political environment.

2. The total costs incurred for the hosting of the BRICS Foreign Ministers was ZAR 9, 848 909.51.    

Reply:

1. During the 2021/2022 cycle, Ambassador Mfeketo was on annual leave for 24 days, (18 October – 12 November 2021 = 20 days, and 28 December – 31 December 2021 = 4 days compulsory leave).

The Ambassador was also on sick leave for 39 days:  06 - 10 March 2023 = 5 days; 11 - 16 April 2023 = 4 days and 17 April – 31 May 2023 = 32 days.

Approval was granted by the Department for the Ambassador to take leave.

2. During the Ambassador’s absence, the Embassy remained open during all official working hours to the public. The Deputy Chief of Mission was appointed as Chargé d’ Affaires to manage the Embassy.

Reply:

None of the passengers aboard the chartered aircraft to Warsaw, Poland, on 15 and 16 June 2023 were officials of the Department of International Relations and Cooperation (DIRCO).

Reply:

1. Yes, the BRICS Summit will be hosted by South Africa.
2. The subject of President Putin's attendance and the warrant issued by the International Criminal Court are matters under consideration by the Government of South Africa. The President will make an announcement on this matter once a decision is finalised.

Reply:

South Africa supports the implementation of the SADC Principles and Guidelines Governing Democratic Elections through the work of the SADC Electoral Advisory Council (SEAC). SADC deployed a SEAC Pre-Election Assessment Goodwill Mission to the Republic of Zimbabwe, from 12-19 April 2023, to conduct a pre-election assessment for the upcoming 23 August 2023 harmonised elections. A comprehensive report on the outcomes of the SEAC Goodwill Mission was shared with the Government of Zimbabwe. The Report is expected to be presented to the 25th Ordinary Meeting of the Ministerial Council of the Organ on 21 July 2023.

 

Reply:

The 4th Ordinary Session of the African Union Specialised Technical Committee (STC) on Agriculture, Rural Development, Water and Environment (ARDWE), held virtually from 13-17 in December 2021, inaugurated the Africa Multi-Hazard Early Warning System and Early Action Situation Room for Disaster Risk Reduction. It was recognised that the establishment of the Situation Room could play a key role in contributing towards reducing disaster mortalities and economic losses at micro level and improved disaster risk management at macro level through improved availability and access to early warning information, as well as harmonised early warning systems, which would include weather-related disasters exacerbated by Climate Change. It was further recognised that the operationalisation of the Situation Room and the Multi-Hazard Early Warning Programme and its sustainability is dependent on the inputs from the Regional Economic Communities (RECs) and Member States that directly interface with the hazards, as well as continued financial and technical support from the cooperating partners.

Furthermore, this STC adopted the Revised 2021-2030 Integrated African Strategy on Meteorology (Weather and Climate Services) which aims to provide strategic direction on the development and application of meteorology (weather and climate services) to support Africa’s social and economic development including in sectors such as agriculture and food security, health, water management, aviation, infrastructure, marine and blue economy, disaster risk reduction, energy, inter alia. The 2021-2030 Integrated African Strategy on Meteorology (Weather and Climate Services) comprises five key pillars, namely:

• Increasing political support and recognition of national meteorological services (NHMs) and Regional Climate Centres (RCCs)
• Improved observation networks, data access and processing
• Improved weather, water, climate and climate change services
• Research and Innovation, development and training
• Strengthened partnerships with relevant institutions, the private sector and civil society.

In addition, this STC meeting adopted a report on the creation of African disaster operations capacity and capability and endorsed the creation of a continental civilian capacity for disaster preparedness and response, which will draw from individual African Member States’ capacities to provide timely assistance to disaster-stricken countries. This STC meeting also adopted the Disaster Recovery Framework (DRF) and indicated that the main objective of the framework is to guide resilient socio-economic recovery efforts of the continental, regional and national levels. This included a contextual analysis of the impact of the COVID-19 pandemic on various sectors. The framework proposes transformational policy and programmatic actions that would be undertaken in a short, medium and long term to respond to the pandemic and other disasters within the COVID-19 contexts; recover from the pandemic and the other disasters and build back better from future crises and disasters.

Reply:

1. (a) The target audience for the specified reports are the following:

The Minister of International Relations and Cooperation

The Deputy Ministers of International Relations and Cooperation

The Director-General of International Relations and Cooperation

Deputy Directors-General

Chief Directors

Internal Audit

Audit Committee

The Portfolio Committee on International Relations and Cooperation.

(b) The total cost of producing the reports cannot be quantified in monetary terms as the reports are drafted and produced in-house.

2. The Office of the Chief Operating Officer, through the Chief-Directorate Strategic Planning, Monitoring and Evaluation, manages the processes of quarterly and annual reporting within DIRCO. Information received is quality assured and reflected in the departmental reporting in line with the framework for managing performance information. 

Reply:

The reference to “increased Foreign Direct Investment into Africa on terms defined by Africans….”, addressed the notion of “Conditionalities to Aid”, underlining the imperative for Africa to focus on the continental challenges of poverty, low skills levels and weak industrial capacity “on its own terms and not through the terms defined by someone else. In this context, the African Continental Free Trade Agreement (AfCFTA) is considered as one of the key tools to address these continental challenges.

The remarks further contextualised the fundamental principle of “African Unity” and most importantly underlined the need for the 9th Pan-African Congress to take a “thematic approach” to guide its outcomes, including the following:

• Promoting Foreign Direct Investment on Africa’s own terms;
• Increased market access for African products and strong implementation of the AfCFTA;
• Enhanced and qualitative change in agriculture and food security for Africa;
• Decisive Transfer of technology and of innovation that Africans must play a role in;
• Affirm Africa’s need for Investment in infrastructure, including health infrastructure, in order to address the shortcomings that became evident during the pandemic period;
• Courageous in ensuring that Africa builds and strengthen democratic institutions; and
• Africa and its Diaspora should not neglect the development of its people through quality education, capacity-building and the right skills to pursue, human resource development, research and innovation.

Reply:

The Department’s statement on the conflict in Sudan is in line with the statements issued by the African Union (AU), the United Nations (UN) and the international community as a whole. Similarly, South Africa’s statement on the war in Ukraine has been consistent with the statements by a number of countries, including international organisations. South Africa has consistently called for the peaceful resolution to the wars in Sudan and Ukraine, which have a devastating impact and negative humanitarian effects to the most vulnerable. South Africa supports the AU, UN and peace initiatives by a number of countries to bring about peace in these countries.

Reply:

South Africa is a party to the Rome Statute, which established the International Criminal Court (ICC), a multilateral organisation that relies on inter-state cooperation to ensure peace and justice.

South Africa is also a member of BRICS which was founded upon, inter alia, the shared commitment to restructure the global political, economic, and financial architecture to be fair, balanced and representative, resting on the important pillars of multilateralism and international law.

The aspirations of the ICC and BRICS are mutually reinforcing. South Africa’s participation both in the ICC and BRICS reaffirms its commitment to international law and justice, protecting human rights, peace and security, multilateralism, and a rules-based international order, which is a fundamental pillar of South Africa’s foreign policy.

The Government of South Africa has, from the onset of the conflict between Russia and Ukraine, consistently called for a peaceful, negotiated solution. The Government of South Africa maintains this stance.

Reply:

aa) The comprehensive breakdown of the procurement allocation of the Department of International Relations and Cooperation (DIRCO):

Financial Year: 2021-2022

(i) small – medium – and micro – enterprises

• none

(ii) Cooperatives

• none

(iii) Township enterprises

• none

(iv) Rural enterprises

• none

Financial Year: 1 April 2023 –

(i) small – medium – and micro – enterprises

• none

(ii) Cooperatives

• none

(iii) Township enterprises

• none

(iv) Rural enterprises

• none

bb) No other entity is reporting to the Minister.

Reply:

The Department is not involved in the KARPOWERSHIP deal between South Africa and Türkiye. Department of Mineral Resources and Energy is better suited to answer in detail the question related to the deal with KARPOWERSHIP and Türkiye.

Reply:

The gazetting of a notice pursuant to the Diplomatic Immunity and Privileges Act, No. 37 of 2001 is a standard practice for international summits held in South Africa. The immunities are for the conference and not for specific individuals. This is a standard conferment of immunities that is done for all international conferences and summits held in South Africa irrespective of the level of participation. The immunities are meant to protect the conference and its attendees from the jurisdiction of the host country for the duration of the conference. The Government of the Republic of South Africa is a party to the Rome Statute and is aware of its obligations under the Rome Statute. The subject of President Putin and the warrant issued by the International Criminal Court are a matter under consideration by Government as reported many times in the public domain and in response to questions in Parliament.

Reply:

South Africa continues to participate in the United Nations General Assembly’s Inter-Governmental Negotiations (IGN) on the Security Council, both in its capacity, as a sovereign member state, and as a member of the African Group. South Africa believes that there must be a common acknowledgment, particularly by those member states maintaining the status quo in the Security Council that the international political and economic system remains unequal, unfair and unjust.

South Africa continues to advocate for the urgent reform of the Council, based on the Ezulwini Consensus and the Sirte Declaration, which calls for two permanent seats, and five non-permanent seats and the abolishment of the veto. However, for as long as it exists, it is a privilege, which should be extended to all new permanent members.

South Africa has consistently called for text-based negotiations to register progress, especially since there are no negotiations in the IGN. Rather, the IGN has been characterised by the delivery of Group statements and statements made by member states in their national capacities. The Co-Chairs of the IGN developed a Revised Elements Paper on Convergences and Divergences on the question of equitable representation on and increase in the membership of the Security Council and related matters” which has been updated in May 2023 following several rounds of consultation. This document provides a preliminary basis for text-based negotiations. In addition, the IGN has now also established a specific website to act as a repository of the recordings of the webcasts as well as of the letters, decisions, statements of Member States, and other documents related to the IGN process.

In support of the realisation of the aspirations of Agenda 2063, the Africa We Want, and the continent’s ambition to Silence the Guns, South Africa continues to call for the Council’s urgent reform, and the need to correct the historical injustices committed against the African continent. Our engagement will remain focused on highlighting that, through broad and extensive engagement, underpinned by the spirit of multilateralism, dialogue and negotiation, member states can find pathways to convergence. South Africa will emphasise that political divergences should not be the reason for holding back progress.

Reply:

No	a) Specified Mission Properties	b) Nature of renovations works	(c) Projected cost of each renovation
1	Windhoek: Official Residence and staff houses	Renovations of the exterior at the Official Residence and 3 staff houses -	R3 688 300
2	Kinshasa: Chancery and compound	Repair of lift and repainting of the exterior Chancery and staff compound	R5 300 000
3	Mbabane: Official residence	Refurbishment of the of the official residence.	R6 600 000
4	Addis Ababa: Chancery	Repairs to the Chancery	R3 081 000
5	Maseru: Official residence	Repair and maintenance of the official residence	R5 600 000
6	Abuja: Chancery	Replacement of air conditioners	R895 000
7	Tokyo: Official Residence	Painting of exterior wall	R1 100 000
8	Ottawa: Chancery & Official Residence	Repair and maintenance at the OR and Chancery	R2 500 000
9	Brazil: Chancery	Repairs to generator room and upgrading of electrical system	R4000 000
10	Canberra: Official residence	Repair to the roof and replacement of kitchen and wooden windows	R2 300 000
11	Copenhagen: Chancery and Official Residence	Repairs and maintenance of the Chancery and OR	R14 800 000
12	Vienna: Official residence	Renovations at the Official residence	R 4000 000
13	Rome; Official residence	Repair of the Official Residence Basement	R 5000 000
14	Brussels: Official Residence	Upgrading of electrical and plumbing system and repair to the roof	R4 200 000
15	London: Chancery	Condition assessment and Repair and maintenance of staff houses	R7 2000 000
16	New York: Official residence	Condition assessment and maintenance of exterior and interior	R 6 200 000
17	Lisbon Chancery and OR	Repairs of plumbing and electrical works	R3 600 000
18	Lilongwe: Staff houses	Repair and maintenance of plumbing and electrical works	R1 400 000
19	Washington: Repair	Repair of damaged MEP system and staff house	R3 200 000
20	Madrid: Chancery and OR	Upgrading of electrical and plumbing system	R1 549 000
21	Dar Es Salaam: Chancery	Repair and maintenance to the roof and electrical system	R3 200 000
22	Berlin: Chancery	Repair to the roof, electrical and plumbing works	R2 700 000
23	Geneva; Official residence	Repair to the official residence	R 2000 000
24	Berne: Official residence	Upgrading of the electrical and plumbing works	R1 520 000

d) Service Providers are appointed through open bids (request quotations and open tender) depending on the value of the project.

e) The project risk assessment is undertaken for tender projects, Legal Service make inputs on the service level agreements and contract for all projects to ensure the Department is protected. Each project is allocated a Project Manager to ensure quality work is executed within cost and in time.

 

 

Reply:

(a) Six African Heads of State, the President of South Africa, HE Mr CM Ramaphosa, HE Mr Denis Sassou Nguesso, President of the Republic of Congo, H.E. Mr Abdel Fattah El-Sisi, President of the Arab Republic of Egypt,  H.E. Mr Macky Sall, President of the Republic of Senegal, H.E. Mr Yoweri Museveni, President of the Republic of Uganda, H.E. Mr Hakainde Hichilema, President of Zambia, are scheduled to travel to Ukraine and Russia on a peace mission to meet with President Volodimyr Zelensky and President Vladimir Putin respectively. The initial high-level engagements will primarily be aimed at understanding the Ukrainian twelve-point plan and the Russian proposals. The African peace mission’s objective is not aimed at competing or disregarding any previous or current peace efforts such as the Chinese ten-point plan and the Turkish Istanbul talks, rather it hopes to complement these.

(b) President Zelensky met with the African Union through a video link on 20 June 2022 and that engagement laid the basis for the upcoming in-person meeting. Through this peace mission, Africa’s vision for peace will be presented to the two Presidents. President Zelensky and President Putin’s willingness to meet with the peace mission for the peace mission to listen to both sides, is a first inspirational step towards the envisaged negotiations.

Reply:

1) While the South African Government works closely with the Palestinian National Authority to address the challenges it faces with regard to the building and strengthening of Palestine’s democratic institutions, renewal of the Palestinian Authority’s mandate, holding of the pending elections, and the issue of human rights, the South African Government cannot ignore the reality that Palestine’s ability to hold a credible free and fair election in all its territories, including East Jerusalem, is negatively impacted by Israel’s inflexible positions on, inter alia, (i) refusal of Israel to allow Palestine to hold elections in East Jerusalem; (ii) the freezing of Jewish settlement construction on Palestinian land in the West Bank, including East Jerusalem, which is designated as the future capital of an independent Palestinian state; (iii) the right of return of Palestinian refugees expelled when the State of Israel was established in 1948; (iv) refusal to agree to the 1967 borders as a territorial starting point for genuine peace negotiations; and, (v) reneging on commitments agreed when the Oslo Accords were signed in 1993, including the release of all pre-Oslo Palestinian prisoners.

2) South Africa consistently calls on UN Member States, the international community, as well as all political formations and parties in South Africa to support the efforts aimed at resolving the Israel-Palestine issue and to continue putting pressure on Israel as the occupying power to realise that relentless acts of repression, oppression and brutality serve only to undermine efforts directed at achieving a viable and sustainable Peace Plan that delivers Palestinian sovereignty, territorial integrity, and economic viability, with sovereign equality between Palestine and Israel.

Reply:

The South African Government is not considering the downgrading of its diplomatic representation in Cuba as the Government believes that institutions such as the National Human Rights Commission and the Office of the Attorney General have demonstrated their ability to deal with alleged human rights violations. Downgrading diplomatic relations is a drastic act that can only be considered when states continuously disregard international law in circumstances where states are illegally occupying the territories of other countries, deny people a legitimate right to self-determination and practice systemic forms of oppression, including breaching important international conventions, including for example, the Convention Against Apartheid.

Reply:

There has so far been no diplomatic engagement with Uganda regarding the Anti-Homosexuality Act of 2023. South Africa is guided by its Constitutional principles that seeks to promote and respect the human rights of all people. This includes members of the LGBTQIA community. We are concerned about the developments in Uganda, which would impose severe criminal sanction on people because of their sexual orientation and gendered identities. We are equally concerned by the erosion of women’s human rights in large parts of the globe, including in the United States, where women’s reproductive rights are being curbed. Here again, we will use the appropriate diplomatic channels and fora to raise our concerns on these matters.

 

Reply:

On 12 May 2023, the Department dèmarched US Ambassador Reuben E. Brigety for a meeting with Minister Naledi Pandor, where the Minister expressed South Africa’s deep disappointment and outrage about the manner in which Ambassador Brigety had convened a press conference on 11 May 2023, and levelled allegations regarding the sale of ammunition by South Africa to Russia, via the US sanctioned Russian naval vessel, Lady R. The Minister strongly condemned the actions of the Ambassador, which were particularly distasteful, especially so soon after the visit to Washington by the Special Envoys appointed by President Ramaphosa. The envoys were well received by all US interlocutors and discussions were productive.

In this context, the press conference held by the US Ambassador was counter to the spirit of the engagement with senior officials and politicians in Washington DC. The Minister informed the US Ambassador that South Africa respects all conventions on arms sales through the provisions outlined in the National Conventional Arms Control Act (NCACA), and if there was any violation of our laws, criminal charges would be laid if evidence is provided. Following the Minister’s address to Ambassador Brigety, he informed the senior officials that he would issue an unreserved public apology.

The President’s office reiterated that no concrete evidence has been provided to support the claims made by Ambassador Brigety, and that the investigation had been initiated before the Ambassador publicly announced his accusation. It was further indicated that the retired judge appointed to head the investigation, would use any evidence US intelligence officials could provide over the alleged sale of ammunition.

Following the meeting between Minister Pandor and US Ambassador Brigety and the telecon with Secretary of State Blinken, as well as the subsequent meeting between the ANC and Ambassador Brigety, wherein the latter reiterated his apology, it is not contemplated that any further steps will be taken with regard to his removal.

Regarding the terror alert from the US Embassy, the latter is of the view that their actions were in accordance with their duty/constitutional obligation to warn American citizens of credible threats to safeguard US Government employees and citizens. We had at the time voiced our strong objection to the way the alert had been issued.

Reply:

Following extensive discussion of the Ukraine-Russia crisis and its impact on Africa and other developing countries, a group of seven African Presidents agreed to undertake a peace mission to Ukraine and Russia. The objective of the Mission is to promote the importance of peace and to encourage the parties to agree to a diplomacy-led process of negotiations. This initiative includes diverse voices from the Continent on the conflict, consisting of Comoros (current Chair of the African Union), the Republic of Congo, Egypt, Senegal, South Africa, Uganda and Zambia.

It is the Republic of Congo (Brazzaville) and not the Democratic Republic of Congo that is part of the peace initiative

Reply:

On 12 May 2023, the Department dèmarched US Ambassador Reuben E. Brigety for a meeting with Minister Naledi Pandor, where the Minister expressed South Africa’s deep disappointment and outrage about the manner in which Ambassador Brigety had convened a press conference on 11 May 2023, and levelled allegations regarding the sale of ammunition by South Africa to Russia, via the US sanctioned Russian naval vessel, Lady R. The Minister strongly condemned the actions of the Ambassador, which were particularly distasteful, especially so soon after the visit to Washington by the Special Envoys appointed by President Ramaphosa. The envoys were well received by all US interlocutors and discussions were productive.

In this context, the press conference held by the US Ambassador was counter to the spirit of the engagement with senior officials and politicians in Washington DC.The Minister informed the US Ambassador that South Africa respects all conventions on arms sales through the provisions outlined in the National Conventional Arms Control Convention (NCACC), and if there was any violation of our laws, criminal charges would be laid if evidence is provided. Following the Minister’s address to Ambassador Brigety, he informed the senior officials that he would issue an unreserved public apology.

The President’s office reiterated that no concrete evidence has been provided to support the claims made by Ambassador Brigety, and that the investigation had been initiated before the Ambassador publicly announced his accusation. It was further indicated that the retired judge appointed to head the investigation, would use any evidence US intelligence officials could provide over the alleged sale of ammunition.

Following the meeting between Minister Pandor and US Ambassador Brigety and the telecon with Secretary of State Blinken, as well as the subsequent meeting between the ANC and Ambassador Brigety, wherein the latter reiterated his apology, it is not contemplated that any further steps will be taken with regard to his removal.

 

Reply:

a) During the visit of the Prime Minister of Singapore, Mr LH Loong, two Memoranda of Understanding (MoU) were signed between South Africa and Singapore namely: the MoU on Information and Communications Technology aims to exchange best practices in ICT, digital technologies and artificial intelligence and robotics and the MoU on Skills Development promotes exchange and training of best practices in the areas of digitalisation, leadership and governance, Women’s Empowerment, Youth Development and Education, Science and Innovation, Port Management and Trade and Economy.

b) The successful implementation of the MoUs would enhance competitiveness and develop skills in science and innovation. More than a 1000 South Africans have already been trained under the auspices of the Singapore Development Programme. Singapore has agreed to purchase more food products from South Africa while South Africa also requested market access for South African meat (including beef, lamb, pork and ostrich) products to the Singaporean Market.

Reply:

South Africa, like many other countries, continues to voice its concerns about perceived imbalances in the International Criminal Court's (ICC) prosecution strategy. Accountability and equal treatment are principles that South Africa continues to advance in the realm of international law, and international criminal justice in particular. In particular, the Court has the potential to hold the most powerful countries accountable for their unlawful actions in the international arena.

The ICC is a treaty body and operates within a legal framework defined by the Rome Statute. The investigations and prosecutions are guided by specific criteria and jurisdictional limitations. The ICC's jurisdiction is primarily based on crimes committed on the territory of States that are party to the Rome Statute or crimes committed by nationals of those States, in territories of other States.

Iraq is a not a State Party to the Rome Statute, however, the ICC has jurisdiction over alleged crimes committed on its territory by nationals of States Parties such as the United Kingdom which is a Rome Statute State Party. On 9 December 2020, the Prosecutor closed the preliminary examination into Iraq/UK and decided not to request the opening of an investigation, having concluded that none of the potential cases arising from the situation would be admissible before the ICC at the present time. This is without prejudice to a reconsideration based on new facts or evidence. The Court may in future, as new evidence comes to the fore, reopen its investigation into crimes committed on the territory of Iraq. However, as there is no statute of limitations in international law for atrocity crimes, this does not prevent the United Nations from establishing a special tribunal to investigate the crimes committed on the territory of Iraq.

Afghanistan deposited its instrument of accession to the Rome Statute on 10 February 2003. The ICC may therefore exercise its jurisdiction over crimes listed in the Rome Statute committed on the territory of Afghanistan or by its nationals from 1 May 2003 onwards. On 31 October 2022, the Pre-Trial Chamber II of the ICC authorised the prosecution to resume investigations into the situation in Afghanistan which remain ongoing.

The South African Government calls on the ICC to investigate fully and with equal priority, all atrocity crimes committed within the context of the Afghanistan and not to deprioritise any aspect thereof. In addition, South Africa will engage the Prosecutor on the progress of all preliminary examinations and situations, including investigations into all crimes committed on the territory of the State of Palestine.

Pakistan is one of those States, along with the United States and Russia, that have not ratified the Rome Statute or deposited a declaration which would grant the ICC jurisdiction over its territory. The Court therefore does not have jurisdiction over crimes committed on the territory of the Islamic Republic of Pakistan.

Ultimately, the ICC's ability to prosecute individuals from certain countries rests on various factors, including political will, international cooperation, and the evolving nature of international law.

Efforts are being made to address concerns about the impartiality of the ICC. South Africa as a State Party will continue to engage in dialogue and participate in discussions on potential reforms to enhance the Court's functioning and address perceived imbalances.

Reply:

a) The Department planned and budgeted for the attendance of 46 South African Heads of Mission of the investment conference in Sandton between 12 to 14 April 2023.

b) The total cost so far of the (i) tickets, (ii) accommodation and (iii) subsistence allowance for the Department is:

(i) tickets - R820 567.79

1. accommodation - R285 600.00
2. subsistence allowance - R25 800.00
3. Ambassadors that were budgeted and paid for but who did not arrive are:

c) Ambassador PS Sizani (Berlin, Germany); Ambassador NC Mfeketo (Washington, USA); Ambassador DT Dlomo (Mexico City, Mexico)

Reply:

No there is no external power putting pressure on the government of South Africa.

Reply:

On 16 April 2023, South Africa as a member of the African Union Peace and Security Council (AU PSC) participated in its emergency meeting and received an update on the situation in Sudan by the AU PSC chair for the month of April 2023 and by H.E. Moussa Faki Mahamat, Chairperson of the African Union Commission. PSC Members noted with deep concern the escalation of violence and called for parties to halt hostilities immediately, and the return to the negotiations led by the AU, the Inter-Governmental Authority on Development (IGAD) and the United Nations (UN).

The South African Government has since welcomed the start of pre-negotiation talks between the Sudanese Army and the Rapid Support Forces which commenced in Saudi Arabia on 6 May 2023. South Africa further reiterates the centrality of the African Union and IGAD in the pre-negotiation and subsequent talks to ensure long-standing solutions to challenges faced by Sudan.

Reply:

1. No, South Africa is not a member of the Muslim World League. Membership is not considered given the fact that the Muslim World League is an international non-governmental organisation.

2. The Government does not regulate international travel to the Kingdom of Saudi Arabia for any South African citizen, including pilgrims.

Reply:

No international agreements were signed during the State Visit of the King and the Queen of the Belgians as the responsibility for the signing of international agreements falls within the domain of the Government.

Reply:

On 25 January 2023, President Ramaphosa in his capacity as the Chair of BRICS, signed letters inviting the President of the Federative Republic of Brazil, the President of the Russian Federation, the Prime Minister of the Republic of India, and the President of the People’s Republic of China, to the Fifteenth BRICS Summit to be held in-person in South Africa from 22 to 24 August 2023.

On 17 March 2023, the International Criminal Court issued a Press Release stating that it had issued a warrant of arrest for Mr Vladimir Putin, President of the Russian Federation. Cabinet is currently seized with this matter.

 

Reply:

1. No agreements were signed during the Southern Development Community (SADC) Council of Ministers Meeting held from 18-19 March 2023 in Kinshasa, the Democratic Republic of Congo (DRC).

2. The decision on the operationalisation of the SADC Humanitarian and Emergency Operations Centre (SHOC) was first taken by the Council of Ministers in its meeting held in Dar es Salaam, Tanzania in August 2019. Subsequent Council meetings of this body considered and approved standard operating procedures, staffing and budgetary issues pertaining to SHOC as well as a Memorandum of Agreement (MOA) to establish the SHOC, with Mozambique as the host. The SADC Secretariat continues to work with the Government of Mozambique to expedite the signing of the Hosting Agreement for the SHOC. Once the Hosting Agreement is signed, the Secretariat will commence with deployment of staff to the SHOC in Mozambique.

Reply:

During the South Africa-Tanzania Bi-National Commission, a Memorandum of Understanding (MoU) on Political and Diplomatic Consultations and a Memorandum of Understanding between the Mozambique-Tanzania Centre for Foreign Relations of the United Republic of Tanzania and the Diplomatic Academy of the Department of International Relations and Cooperation of South Africa were signed. The objective of the MoU on Political and Diplomatic Consultation is to conduct regular and structured political consultations to exchange views on bilateral, regional, and international issues of mutual interest. The objective of the MOU between the Mozambique-Tanzania Centre for Foreign Relations of the United Republic of Tanzania and the Diplomatic Academy of the Department of International Relations and Cooperation of South Africa is to encourage and promote collaboration between the two institutions by sharing of training resources, exchange of lecturers, joint research, as well as capacity building and exchange programmes.

Reply:

1. No, the South African Hajj and Umrah Council (SAHUC) has not been mandated by the Department of International Relations and Cooperation to act on behalf of the Muslims in the Republic.

2. There is no agreement between the Department of International Relations and Cooperation and the SAHUC authorising SAHUC to act on behalf of Muslims.

3. The SAHUC has not received any mandate from the Department of International Relations and Cooperation.

4 Yes, the Department deals with SAHUC as part of its operations, insofar as the SAHUC as the Pilgrims’ Affairs Office of South Africa liaises with the South African Consulate-General in Jeddah, Saudi Arabia, regarding Consular services such as deaths, injuries, and distressed pilgrims.

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Reply:

a) The Department of International Relations and Cooperation has allocated R25 499 000 for the construction of new properties.

b) The Department of International Relations and Cooperation has allocated R118 331 500 for the maintenance and renovation of existing state-owned properties abroad.

Reply:

No. The successful service provider was selected following an open bid process based on government prescripts and National Treasury guidelines with the bid advertised in South Africa. Most of the ICT equipment procured by DIRCO are packaged within South Africa.The signed contract for ICT equipment includes a warranty and a three-year maintenance plan.

 

Reply:

1. The Saudi Arabia Ministry of Hajj and Umrah confirmed that it has a two-system approach, which can be defined as follows:

• A Pilgrims Affairs Office, which is an office that is official appointed by the country to facilitate Hajj on behalf of the said countries’ pilgrims. In this regard, SAHUC is considered a “Pilgrims’ Affairs Office.”

• Organisers, (Tour Operators and Travel Agents) who contract directly with the Ministry of Hajj and Umrah. This system (Organisers, tourist companies and Agencies) is the responsibility of a different section where they will have a different set of requirements and criteria as well as guarantees that would need to be completed and approved before the Organisers may operate.

2. The Ministry of Hajj and Umrah has indicated that no such classification exists and if such is made, it would be communicated through official channels.

3. Not applicable - South Africa is not registered as a Muslim country.

4. The Hajj protocols and agreements are signed by the head of the South African Hajj and Umrah Council (SAHUC) and the Government of Saudi Arabia.

5. This is not a mandate of DIRCO. The Constitution guarantees freedom of religion in Section 15. It is accepted in the philosophy of religious freedom that the role of the State must be neutral in States where religious freedom is guaranteed. In other words, the State should treat all religions equally and impartially.

This in effect means that the Department does not become involved in arrangements for the pilgrimage, nor in arrangements for religious pilgrimages or ceremonies for any other religion. However, as the pilgrims in questions are South African nationals, it is appropriate to provide them with consular services, as the case will be with any other South African national.

It has been noted that the Department did play a role in facilitating consultations within the South African Muslim community concerning the problems that were experienced with the Hajj. It is our opinion that such a role is perfectly compatible with the Department’s mission as it assists in managing bilateral relations with a foreign State and does not intend to favour one religion over another.

The Chairperson of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities has also formally responded that South Africa is a secular state and that the Department of International Relations and Cooperation is not obliged, constitutionally, to co-ordinate the Hajj and Umrah pilgrimage.

Reply:

Since African economies are at different stages of development, there is a risk that smaller economies might not reap equal benefits of the AfCFTA as compared to the more advanced and diversified economies. It is for this reason that the AfCFTA provides provision for the asymmetric reduction of tariffs depending on the size of the economy of each State Party. In this regard, the AfCFTA makes provision for the less advanced countries or least developed countries (LDCs) to eliminate their tariffs over 10 years for the first 90% of products as compared to five years that is allocated to the more developed economies, such as South Africa. The remaining 7% of tariff lines which are designated as sensitive will be eliminated over a longer time frame- the developing African countries will do this over 10 years whilst the LDCs are given 13 years. These provisions were specifically made to cushion and provide policy space for smaller African economies against the shocks that may come with trade liberalisation.

South Africa views the AfCFTA as a catalyst for economic growth and development for the entire Continent. Furthermore, South Africa actively encourages investment in the development of Regional Value Chains (RVC) across the Continent. South Africa has and continues to actively participate in the ongoing work of the Programme for Infrastructure Development in Africa (PIDA), the Presidential Infrastructure Championship initiative (PICI), chaired by South Africa, and the Specialised Technical Committee (STC) on Trade, Industry, Tourism and Mineral Resources, which deals with industrialisation and development of RVCs on the continent.

Reply:

1. The Department of International Relations and Cooperation does not deal with any regulatory bodies to correlate tourism and oversee pilgrims during pilgrimage to the Kingdom of Saudi Arabia. DIRCO only provides consular assistance to South African pilgrims visiting the Kingdom of Saudi Arabia.

2. The Department of International Relations and Cooperation recently appointed a Ministerial Committee on the Efficient Management of the Annual Hajj and Umrah Pilgrimages. The mandate and role of the Ministerial Committee is to provide strategic direction to support the efficient management of the annual Hajj and Umrah Pilgrimages and to ensure that the South African pilgrims may enjoy a well-organised pilgrimage by an appropriate system under the auspices of the relevant Ministry of Hajj and Umrah in the Kingdom of Saudi Arabia. As a result of several complaints regarding arrangements made by many travel agencies facilitating travel services for South African pilgrims at that time, the Saudi Arabian Government, in 1994, approached the Members of Parliament of the South African National Assembly to address the matter. It was therefore deemed necessary for one entity to manage the entire Hajj process. The then Department of Foreign Affairs, through the then Deputy Minister of Foreign Affairs, Mr Aziz Pahad, facilitated meetings for engagements among Non-Governmental Organisations representing the interests of Muslim Communities as well as political parties representing Muslim constituencies with the view to establishing a single entity to manage the Hajj process. As a result of these engagements, a Management Committee was formed, which led to the formation of the South African Hajj and Umrah Council (SAHUC) and the Government of Saudi Arabia was informed of SAHUC’s formation and its objective to facilitate the Hajj pilgrimage for South African pilgrims.

3. The formation of SAHUC was done through multi-stakeholder engagements with entities representing the interests of Muslim Communities. The Government of Saudi Arabia was informed of the formation of SAHUC to facilitate Hajj pilgrimages for South African pilgrims.

4. The entire Hajj process for South African pilgrims is facilitated through SAHUC, in its capacity as the Pilgrims Affairs Office according to the procedures set by the Government of the Kingdom of Saudi Arabia, which includes the annually set quota, therefore it is not issued to the South African Government. The Saudi Ministry of Hajj and Umrah implements two systems for the purpose of organising pilgrimages, i.e., that of a Pilgrims Affairs Office or that of Organisers. SAHUC resorts under the category of a Pilgrims Affairs Office and administers the distribution of visas.

Reply:

1.1 Progress is being made within the Southern African Development Community (SADC) to facilitate free movement of people and goods in the region. The SADC Protocol on Facilitation of Movement of Persons, which was signed on 18 August 2005 by nine Member States, has only been ratified and domesticated by seven countries, including South Africa. This means that it is not yet in force. In the meantime, SADC Member States grant visa exemptions to each other’s citizens on a bilateral basis. In the spirit and letter of this Protocol, South Africa has already exempted 13 SADC Member States ordinary citizens entry and residence for a period of 90 days per annum without visas.

1.2 Regarding the movement of goods, it should be noted that SADC has developed the SADC Protocol on Trade which was signed in 1996 and entered into force in 2008. So far, it has been ratified by 13 out of 16 Member States, including South Africa. The Protocol serves as a framework for the establishment of the SADC Free Trade Area (FTA). Since the establishment of the FTA, intra-regional trade has increased 20% among participating Member States.

Reply:

a) South Africa abstained from voting on the UN resolution demanding that Russia leave Ukraine territory and immediately stop the war, as the resolution was seen as not contributing to the creation of the necessary conditions to encourage dialogue, mediation and diplomacy, which are important foundations for a durable peace and bringing an end to the devastation and destruction. South Africa will, therefore, continue to call on the parties to choose diplomacy and negotiation over violence to resolve their differences.

b) South Africa has decried the humanitarian disaster in Ukraine that has resulted from the ongoing conflict and called for the urgent opening of humanitarian corridors and the provision of aid to the civilian population. South Africa always maintains that, in conflict zones, civilians, civilian infrastructure and other non-combatants must be protected in keeping with the Principle of Distinction and other protective measures of the Geneva Conventions.

Reply:

(1) No criminal charges were brought against any officials at this stage as the arbitration processes are still ongoing and the outcome of the arbitration may strengthen any criminal case that the Department would institute.

(2) No money has been recovered from officials thus far.