Questions and Replies

Reply:

(1). The Ministry delegated the monitoring of language matters to PanSALB through the attached letter. It shall be understood that section 8(1)(j) of the PanSALB Act does provide that PanSALB may monitor the observance of the constitutional provisions regarding language use. Section 9(2) also stipulates that PanSALB receives reports on the activities of the national departments’ language units, the implementation of the language policies, and complaints on the use of official languages. (See Annexure A: Letter of Handing Over to PanSALB from The Minister)

(2). Over and above-mentioned legislation, the attached letter from the Ministry may suffice to distinguish the role between these institutions.

(3). As per response in 2 above.

Reply:

(1). We are not aware of any employees with family relations at Freedom Park. The entity has also confirmed that none of the employees are related to each other.

(2)(a).15 positions at the Freedom Park Museum are held by persons of Venda origin.

(b).

NAME OF OFFICIAL	APPOINTMENT DATE
Dr Jane Mufamadi	1 January 2016
Mr Victor Netshiavha	1 January 2010
Ms Ricky Mafadza	1 April 2010
Ms Humbe Mudau	1 April 2010
Mr Mukhethwa Mulaudzi	13 May 2008
Adv Unarine Tshikovhi	1 May 2022
Mr Cedrick Phalannwa	1 April 2010
Ms Thetshelesani Tshivhase	1 January 2010
Ms Connie Nxumalo	12 April 2023
Ms Naomi Madima	1 September 2014
Mr Stephen Mbelengwa	12 November 2009
Phophi Thovhakale	10 October 2023
Prudence Mugwena	10 October 2023
Connie Mutshekwa	10 October 2023
Lavhelesani Khangele	17 February 2020 (permanent contract 1 October 2023)

(3). Employees have not received salary increments for the past four years. This matter has duly been ventilated to the Committee, both in February 2020, and during the presentation by Freedom Park to the very same Committee on 24 October 2023. The Freedom Park presentation was duly submitted on time for circulation to all members of the Committee. However, for ease of reference, we hereby attach the presentation and refer to slide No. 34 and 38 respectively. To our recollection, this matter was duly ventilated, and the Committee recommended that the DSAC should intervene on this matter.

Please find below details of the ex-gratia and notch payments over the last four years. 2021- R8 883; 2022 and 2023- R48 000,00

(4). There are no employees acting in positions that do not exist on the Freedom Park organogram.

(5). All employees in acting positions are duly compensated in accordance with the policy on acting on Higher positions. The Acting allowance is paid at 30% for a maximum of three months.

 

Reply:

(1). The NAC complies with the National Treasury and applies annually to retain any surplus incurred during the year. The approval to retain surpluses was granted by the National Treasury except for the financial years for period ending 2021, 2022 and 2023, where the NAC incurred a deficit.

(2). The provisions in terms of the various legislative requirements and the Standard operating procedures are stipulated in section 4 of the Expired and Unclaimed Policy. These are:

Reply:

(a) Efforts in processing of amendments to the South African Institute for Drug-Free Sport Amendment Act; 2006 (Act No. 25 of 2006) to ensure alignment and compliance with the WADA Code have pre-occupied the Minister’s attention since August 2023 to the end of October 2023. The Minister’s engagement with this process also assisted him to understand roles of different players in what is ascribed to have caused late amendment of the identified sections in the Act, resulting in non-conformance to WADA code. In November 2023, an audit team has been briefed to start working on the terms of reference and scope for the appointment of an investigation that will determine possible consequent management actions because of this non-compliance and related recommendations.

(b)(i). Terms of reference are currently being developed and (ii) timeframes of the investigation will be determined once the investigation team has been appointed. It is envisaged that the investigation team will be appointed in December 2023 to commence the investigation in January 2024 due to the December holiday break period.

(c). Minister will provide progress reports to Parliament and the nation on the WADA non- compliance focusing on amending the legislation various steps of taking it through the legislative review process so that it speedily reaches Parliament for promulgation by no later than February 2024.

Reply:

1. Based on the 2022-23 Annual Language Reports submitted by the national departments to PanSALB thus far, there are twenty-two (22) national departments that submitted their Annual Language Reports in terms of the Use of Official Languages Act. It is an improvement in submission from the previous reporting periods. Only eight (8) national departments reported in the 2020-2021 reporting period and (7) national departments submitted in the 2021-2022 period.

Out of forty-two (42) national departments contacted in 2022-2023, twenty (20) may be reported not to have complied by 31 October 2023 with the submission of an annual report to PanSALB as required by the Use of Official Languages Act. A comprehensive report on the Use of Official Languages Act Compliance for 2022-2023 will be available by no later than 31 March 2024.

2. Letters were written to all national departments through PanSALB reminding them to send their annual reports and this was also published in the national gazette (See attached gazette for 2022).

3. There has been an active engagement with non-compliant national departments that have not submitted annual reports to PanSALB. PanSALB sought services of the monitoring provider who is directly engaging the departments to understand the reasons behind their non-compliance. The presentation on non-compliance with the Use of Official Languages Act was made to FOSAD to remind the accounting officers about the requirements of the Act. A comprehensive report will be available no later than 31 March 2024.

Reply:

My department and PanSALB have not received the complaint form that is said was availed by AKTV, and therefore such a proposed form has not come under our consideration. When stakeholders want to lodge a complaint to the Department, they do so in a manner that is suitable for them. PanSALB usually receives language-related complaints and has developed its own complaint form template which is available online in all official languages and can be completed online in a digital format.

Reply:

(1). Boxing South Africa (BSA) opened a case against the official in question and SAPS is currently investigating the matter, SAPS: CAS 584/8/2023

(2)(a)i. The sanction against the stated individual did not include a ban from attending boxing events. The ban revoked their license to promote boxing and or do any business with BSA.

(ii). No action is required.

(2)(b). The Board of Boxing South Africa is firm in its disciplinary processes and the current Board unlike any other Board has instilled discipline in its licensees and has ensured compliance with its directions, orders, the law regulating the sport and sanctions.

Reply:

The Department has requested a response to these questions from Boxing South Africa (BSA). BSA have indicated that they are processing the questions and request additional time

Reply:

(a) The total number of persons from the department was 10, including the Minister and the Deputy Minister.

(b). The total costs incurred will be available once reconciliation of invoices and costs is finalised.

Reply:

(a). As a matter of principle, the Department ensures that financial support provided particularly to the big federations is primarily for towards Women’s sport. To confirm this fact funding to South African Football Association (SAFA), South African Rugby (SARU) and Cricket South Africa (CSA) is strictly for the development of Women in sport and Women’s programmes. Funding to Netball South Africa (NSA) is for Women’s Netball.

My department has over in the past four years been providing special allocation to SAFA for the establishment of the Women’s Football League, R 5 million per annum. This year a similar allocation has been given to Cricket SA for the establishment of Women’s Cricket League, R 5 million per annum. The intention behind this support is that the Department together with the Federation concerned approach and engage the Broadcasters and potential sponsors to support the initiative. Once the Broadcasters and Sponsors are on board the Department scales down on the support and redirect the resources to another sport code.

For the current fiscal year, the total budget allocated by National Treasury (NT) for all Federations (about 65) is R 117 568 million only. Of this amount, a total of R 24 500 million is allocated to the above-mentioned Federations and earmarked for Women Sport Programmes. This translates to 20,9% of the total budget for sport and

recreation bodies. It must be noted that this is dedicated funding, for the rest of the Federations, all their applications must cater for both men and women equally, as a minimum.

Through the School Sport Programme all 16 priority codes that participate at the Championships, have a 50/50 representation of women. This is to ensure that there is an equal platform to participate and develop women. At the National School Sport Championships, provinces have been able to send at least 3 categories of participants which include male and female. We have also concluded the Club Development pilot study in Kwazulu-Natal and Limpopo, which has among sport codes caters for Netball, Athletics and Football clubs.

The Club Development programme is a dedicated programme to ensure the development of sport, including the participation of women in sport. This project is extended to rural areas through the Rural Sport Development Programme that currently focuses on organizing leagues and structures in rural areas.

(b). The programmes and initiatives mentioned above are all designed to level the playing field. From a policy point of view, the Department is currently engaging all provinces as we look to finalize the National Women in Sport Policy. A policy that seeks to ensure gender parity on and off the field of sport. I must state though, that these objectives will require active support from all corners of the society, government and in particular corporate investment to be achieved.

 

Reply:

The Department of Sport, Arts and Culture has since appointed a National Design Committee comprising Nine (9) members from different provinces with different expertise in the Design Sector. Their mission is to:

1. Advise the department in the formation of the South National Design Council
2. Assist the department in formulating a National Design Policy

The key objective of the Committee is to look at the holistic nature of the industry and advise on how to grow the sector, increase employment and action to buy local products. The sector has been plagued by the advent of cheap imports and the second-hand market which caused losses in the manufacturing industry and the number of output decreasing. The proposal is to bring in the two sister departments during the development of the policy (The Department of Small Business and the Department of Trade, Industry and Competition) at the end and thereafter work on the proposed strategies on how to assist SARS and the National Department of transport on regulatory frameworks for illicit goods and services.

The DTIC has developed a Clothing and Textiles Masterplan which looked at some pillars amongst which was the introduction of the R-CTFL (Retail, Clothing, Textiles, Footwear and Leather) Masterplan aimed at encouraging structural change in the value chain to grow the domestic market, increases purchases from domestic suppliers, access and grow export markets and enhance value chain competitiveness. Other complementary measures include cluster development, local procurement, trade support and countering the illicit trade by working alongside the South African Revenue Service (SARS) and customs authorities.

Also, to improve competitiveness, manufacturing capability, technology, skills, and transformation. Its Strategic Pillars are domestic market growth; value-chain localisation; competitiveness advancement; transformation in the value-chain and technology and skills development.

The Crafts industry on the other hand are small craft businesses with one owner producing goods and products in their own homes, while larger operations may employ several workers. Craft businesses are not mass production but rather employ a hands-on approach to produce unique items for customers. In recent years, other countries with big budgets have utilised machinery to produce mass goods that are sold relatively cheaply.

The DSAC has expressed to the Department of Small Business Development (DSBD) intentions to formalise our collaboration on the Craft Customised Sector Programme (CSP) to mitigate these risks through concerted efforts on capacity building to craft producers and enterprises. Other interventions include ongoing craft incubator programmes which will be topped from 2024 to build the capacity of producers for sustainable production and improved market access and share vis a vis imported products.

The Department has also produced craft business guides in all official languages for use by creatives to build their capacity to compete effectively and sustainably. The ethos of the above interventions is to provide craft producers with a competitive edge over their competitors through innovation along the whole value chain of the craft sector.

Reply:

Recognising the complex depth of Gender Based Violence Femicide (GBVF) that is multi layered the Department is engaged in programmes among other in line with the NSP pillars. Pillar 3- Prevention and Rebuilding Social Cohesion, Pillar 4 – Response, Care, Support and Healing and Pillar 5 Economic Prevention and in line with the NSP.

1. Supporting a pilot project in Mhlabuyalingana to end GBVF using Amasiko and Sport as a vehicle to end GBV in a sustainable manner using an impactful and sustainable process of the Community Capacity Enhancement process (CCEP). Sporting tournaments will be rolled out in the various Izigodi including the support of the soccer legends. Training of trainers for the representatives of the 10 Izigodi (1. Hangaza, 2. Mntanenkosi, 3. Manzibomvu, 4. Esiphahleni 5. Olakeni 6. Qongwana, 7. Othungwini, 8. Empini 9. Ezinqeni, 10. Mabibi) to be Change Agents and Anti GBVF Ambassadors during the sport tournaments will be done. The Izigodi will be supported with Sporting Kits that will be printed with key messages on GBVF and during the sporting practices and tournaments, there will be programmes and key messaging on ending GBVF. The cultural programmes of Azibuye Emasisweni as a foundation to end GBVF and supporting the Isibaya and Izwi LaMadoda through an interactive positive messaging with Artists, Actors and Musicians will be supported. The intervention seeks the impact sustainable approach of bottom up and not top down as these programmes are community initiated and not imposed. The plan is to replicate and roll out to other provinces incrementally.

2. My department supports the Nqoba iGender-Based Violence and Femicide (GGBVF) Trauma and Social Cohesion: Localising the NSP. The programme is on harnessing the collective action of public officers, traditional leaders, activists, practitioners, and other community structures to address GBV. The Nqoba project is not a direct intervention project but an enabler for those already doing work on the ground by facilitation Social Cohesion through supporting the establishment/enhancement of local collective structure with focus at Municipal level. NQOBA focus is on the four Hotspots (Inanda, Mankweng, Lusikisiki and Thohoyandou). It will collaborate with the Department’s GOLEKANE GBVF Awareness Campaign, a mentorship programme that will include career guidance, a wellness intervention, arts and sports, and cultural education and will mentor Teen Boys across the nine Provinces. It will also collaborate with the Departments SILAPHA Wellness Programme which was initiated in 2022 to support Artists and Athletes with critical access to wellbeing support.

It is a comprehensive programme run by Workforce Healthcare for those in the creative and sporting fields, providing Counselling services, support around mental wellbeing, substance abuse, preventable illness, financial and legal advice, GBV and discrimination etc.

3. My department is also rolling out the Orange campaign on Uniting to End GBVF. This is an international campaign that calls all to unite to end GBVF against women and girls. The Department plans to extensively roll out the campaign by Vigorously marketing key messages using Artist, Creatives and Sport sector to influence the narrative in the visual, print and broadcast space through the use of Sport, Film and Theatre as well as Music Song and Dance including Fashion, Culture and Heritage to promote key messaging on Active Citizenry to Unite to end GBVF and create a proud and caring society.

Reply:

In term of Schedule 5B of the Constitution of the Republic of South Africa, (Act 108 of 1996), provision, maintenance and operations of local sport facilities are a mandate of local sphere of government, and therefore a first point of accountability in this regard is the municipality, and in this case, Newcastle Local Municipality.

In the main, the role of National Department of Sport, Arts and Culture (DSAC) is formulation of a National Policy and Norms and Standards for the sport sector, including Norms and Standards for provision of concomitant infrastructure. While the department is a stakeholder and role-player in the provision of sport facilities, this function remains a mandate of the municipality, hence grants intended to fund this mandate are allocated to municipalities and not the department.

For this reason, my department is not responsible for this facility but the mentioned municipality. However, my department is responsible for the development and promotion of sport in the country, which is an endeavor that includes both provision of facilities and

implementation of programmes, it therefore should have an interest to ensure that facilities are made accessible and maintained by municipalities, and intervene where possible, that is its position.

(a). My department is not aware of the reason for the closure of the mentioned swimming pool and has requested an explanation of this unfortunate situation from the municipality.

(b). Since the operation and maintenance of this swimming pool are a function or mandate of the municipality, and my department was not aware of this situation raised by the Honorable Member, my department is not able to provide timeframes regarding the opening and functioning of this pool but has liaised with the municipality to establish these facts and required actions and interventions to get this facility operational.

At this point, we are still waiting for information from the municipality, and update will be given in future following our engagements with the municipality.

Reply:

(1). The South African Geographical Names Act 118 of 1998 does not specify a threshold requirement for the support for a name change. The Provincial Geographical Names Committees in the provinces where the name concerned is located always host public consultation meetings in the local communities. These meetings are advertised in advance and minutes and attendance registers are kept. The decisions are taken based on the count of a simple majority of people who attended the public consultation meetings where the proposed names are put to the attendees.

(2). Individual South African citizens or a group of citizens can propose a name change in terms of the South African Geographical Council Act, Act No 118 of 1998. The Minister considers the application together with relevant accompanying details including the motivation for the name change, the evidence of public consultation and where applicable, written permission from the family after whom the geographical feature is proposed to be named.

(3). All geographical features approved by the Minister for change are done in terms of the SAGNC Act 118 of 1998. The Handbook is a users’ guide derived from the Act. All names changed do follow the guidance of the Handbook on Geographical Names. In instances where the proposed name is that of a person, written permission from the affected family is required before the name change is submitted to the Minister for his consideration.

(4)(a). The POPIA Act is also invoked when a PAIA request or Parliamentary Question is made to the Department that includes personal details of applicants, informants in relation to a geographical feature application.

(b). When a geographical feature or place name is proposed for change, a prescribed South African Geographical Names Council application form needs to be completed by the applicant who must be a South African citizen. The application form is submitted to the relevant Provincial Geographical Names Committee (PGNC) in the relevant province. The PGNC will do desktop research to check if the proposed name is a

national feature, is not a duplication of an existing name, is not undesirable in terms of race, gender. The PGNC will then put out local advertisements in community radio stations and local print media informing the local community of public consultation meetings with details like the dates, venues, and times for the public consultation meetings. The PGNC will host the public consultation meetings during which the community will discuss the proposed name changes. Attendance registers and minutes are kept during these meetings. In instances the new name is the name of a person, the family of the person after whom the geographical feature will be named, written permission from that family is required. It is desirable that the local municipality concerned is also consulted in order for it to indicate its support for the name change.

A simple majority of meeting attendees is required for the name change to be supported at the local community level. Once the PGNC is satisfied that there is community support for the name change and that all required documentation like proof of community meetings, with attendance registers and minutes, the information is submitted to the South African Geographical Names Council. The SAGNC sits once a quarter to consider all geographical names applications submitted to it. The SAGNC reviews all the documentation including the application form, evidence of public consultations, attendance registers and minutes of meetings. The SAGNC will also require PGNCs to provide evidence that public consultation meetings were advertised to local communities.

Letters from affected family members will also be reviewed. Once the SAGNC is satisfied that the due process was followed and that all documentation is provided, it will recommend the name change to the Minister. The relevant documentation will be submitted to the Minister who will apply his mind before taking the decision to either approve or not approve the name change application. Once the Minister has taken a decision, the name is put in the government gazette for public information. The public has thirty days after the gazetting of a name change to submit objections in writing to the Minister. This is in terms of section 10 of the SAGNC Act 118 of 1998. The Minister

will consider all objections and respond to all objectors in writing whether to reverse the name change or sustain his initial decision to approve the name change. This concludes the process.

 

 

Reply:

(1). A reliable response regarding this question is dependent on the availability of the existence of a national sport facilities database that can filter data as per the required variables such as province, towns, and suburbs, schools, and coordinates of the exact site where the facility is located.

As a department, we have previously made efforts to ensure establishment of such database by trying to mobilise resources required to conduct a facility audit that will, among others, identify locations of all sport facilities in the country, including in terms of province, towns, suburbs, and schools.

These efforts included engagements with provinces to allocate resources from their budgets for this purpose, but budget availability was also a constraint for them. Another effort included submission of a request for R20 million under the second wave of Presidential Economic Stimulus Programme (PESP) to conduct this audit and use

it to drive employment creation among young people, but unfortunately that application was not successful.

As a result, national department has not yet conducted this audit and does not have the information as requested. However, it has engaged with Swimming South Africa (SSA) to establish a possibility of availability of this information.

Fortunately, the Federation provided a report for an audit of swimming pool facilities in Mpumalanga province conducted in 2015 which, at the least, give an idea of the minimum number of facilities that exist in the province. While the other limitation of the report is that it does not provide information to a level of town and suburb, but it gives

the total number of swimming pools in the province, as well as the district and local municipalities where they are located.

In summary, by 2015 Mpumalanga had 61 swimming pools that are accessible to the public. For a provincial distribution of these facilities kindly refer to the attached Swimming Facility Audit Report of Mpumalanga. Department is still awaiting reports covering other provinces from the Federation and they will also be shared as soon as they become available.

(2). As indicated in the response above that due to lack of facility audit conducted by the department, reliance was placed on audit conducted by Swimming South Africa, and they have so far provided a covering Mpumalanga province only. However, report reveals that of the total sixty-one swimming pools in the province, only fourteen are in good conditions and fifteen are not usable. The remaining twenty-six was in average conditions and six in poor conditions, respectively.

Reply:

A reliable response regarding this question is dependent on the availability of the existence of a national sport facilities database that can filter data as per the required variables such

as province, towns, and suburbs, schools, and coordinates of the exact site where the facility is located.

As a department, we have previously made efforts to ensure establishment of such database by trying to mobilise resources required to conduct a facility audit that will, among others, identify locations of all sport facilities in the country, including in terms of province, towns, suburbs, and schools.

These efforts included engagements with provinces to allocate resources from their budgets for this purpose, but budget availability was also a constraint for them. Another effort included submission of a request for R20 million under the second wave of Presidential Economic Stimulus Programme (PESP) to conduct this audit and use it to drive employment creation among young people, but unfortunately that application was not successful.

As a result, national department has not yet conducted this audit and does not have the information as requested. However, it has engaged with Swimming South Africa (SSA) to establish a possibility of availability of this information.

Fortunately, the Federation provided a report for an audit of swimming pool facilities in Mpumalanga province conducted in 2015 which, at the least, give an idea of the minimum

number of facilities that exist in the province. While the other limitation of the report is that it does not provide information to a level of town, suburb, and public schools, it however

provides a total of 26 swimming pools for both public and private schools. Unfortunately name of schools, their towns and suburbs are not provided.

 

Reply:

(1). Insofar as nation-building and reconciliation do not imply preserving the inherited vestiges of the unjust society characterised by racial discrimination, repression, and flagrant violations of human rights against the majority, or ignoring the necessity of guaranteeing that race, ethnicity, and/or political persuasion is not a determining factor in the material conditions of South Africans as they did in the past, the Department of Sport, Arts, and Culture continues to spearhead and coordinate the Government’s Priority 6 Social Cohesion Programme of Action as part of a rallying call to transform the material conditions of our country in order to foster conditions that are favourable for genuine reconciliation, social cohesion, and nation-building.

As should be expected, the Department, through its various Departmental programmes, contributes significantly to nation-building and reconciliation among South Africans of all races, ethnicities, and other social enclaves. Among key programmes coordinated under this Priority Area is National Days Programme through which the Department continues to pursue social cohesion, reconciliation, and national

unity. This has been accomplished by deliberately making sure that the National Day is observed not just on its actual day but also for the entire month that it falls within.

This has made it possible for the National Days Programme to be diversified throughout the month by including a range of build-up or post-national day initiatives such as dialogues, seminars, and sports and arts activities. In this manner, even South Africans who do not prefer the traditional rally format in stadiums which is ordinarily employed for National Days are accommodated and do fully participate in the celebrations and are involved in the discourse around nation-building that comes at the back of our National Days given their link to our liberation history.

Additionally, the Department also utilises its Public Entities to reach as many South Africans as possible through the National Days programme. Utilising initiatives such as theatre, exhibitions and dialogues, the Public Entities play a significant role in the National Days programme by making sure that the programme reaches their niche audiences, thereby contributing significantly to the diversity of reach of the programme. This guarantees that National Days are celebrated on an intercultural basis fully inclusive of all South Africans and serve as a platform for introspection on our past and current concerns around nation-building, freedom, unity, and reconciliation.

The Department also implements several established community engagement initiatives that are designed with the express purpose of reflecting and mobilising our communities in the efforts of our country to address numerous challenges related to social cohesion and nation-building. These programmes include:

• The Social Cohesion Advocates Programme – This programme consists of a cohort of eminent persons in our society who create platforms to promote unity, peacebuilding reconciliation, and social cohesion in our communities. Given their expertise as, among others, peacebuilders, facilitators, and general experts in promoting social cohesion, nation-building, and reconciliation, the Social Cohesion

• Advocates continue to work with various stakeholders such as civil society, faith-based organizations, and Traditional Leaders throughout our country to promote
• peaceful coexistence and respond to events that put the stability of our communities and country in jeopardy.
• Community Conversations programme – This programme is meant to bridge existing divisions, among others, along race, class, gender, religion, culture, and other social contours to foster social integration and inclusion. The Department has adopted the Community Capacity Enhancement approach to Community Conversations, which promotes the use of dialogue and deliberation skills by communities in response to challenges rather than the recent wave of violent protests and social eruptions. This programme also deepens understanding of the “other” and fosters intergroup connections, all with the aim of strengthening social cohesion, nation-building, and reconciliation in our communities and country.

To guarantee that nation-building, social cohesion, and reconciliation are not merely theoretical concepts without the potential to impact inherited racial inequality, the Department remains steered by the recommendation of the Truth and Reconciliation Commission to redress the past inequities, whilst integrating the previously marginalised heritage to cultivate the prospects of authentic reconciliation and social cohesion. To this end, the Department carries out the Heritage Legacy Project, whereby the Department has constructed several heritage sites and erected monuments and statues in pursuit of the transformation of the heritage landscape. For this MTSF period, these include the Sarah Baartmann Center of Remembrance; Winnie Mandela House in Brandfort; OR Tambo Legacy Project; JL Dube Amphitheatre.

The Department has further repatriated and reburied the human remains of several South Africans who were victims of our racist and brutal past such as Sarah Baartman, J B Marks, Moses Kotane and Klaas and Trooi Pienaar.

Through the South African Geographical Names Council, the Department continues to standardise the geographical names in South Africa to redress, correct and

transform our country with major towns recently changed such as Gqeberha from Port Elizabeth, Kariega from Uitenhage, Qonce from King Williamstown, and Winnie Mandela from Brandfort, and major airports having been recently changed that include the King Phalo from East London and Chief Dawid Stuurman from Port Elizabeth.

To create a national identity that is inclusive of all people and transcends racial, ethnic, religious, and other aspects of social identity, the Department has specific programmes to popularise national symbols such as the flag in every school project, the #IamtheFlag campaign, and workshops that raise awareness of national symbols based on our Passport of Patriotism. These initiatives, just to name a few, insofar as heritage is concerned, offer genuine prospects for genuine nation-building and reconciliation, and an overarching national identity that is based on the iconography that accurately reflects the demographic dynamics of our country.

The Department has specific Sports and Arts - in particular performing arts – programmes that are geared towards uniting people and building a cohesive nation where race, ethnicity and other social enclaves are not a determining factor to the life circumstances of South Africans. Sport brings people of different cultures, languages, religions, and ages together to celebrate one event, one sport, or just sport. The Department continues to promote sport as a crucial platform for promoting initiatives like prevention of GBVF, promotion of human rights, inclusion, non-racism, non-sexism, and many other important issues in society. In fact, through the Service Level Agreements, the Department has instructed different Sporting Codes to align with the National Priorities.

The results of this can be seen with the Soccer Premier League which has continued broadcasting messages calling for the end of gender-based violence, which has persisted as a worrying plague in our nation.

School sport has also proven to be a very important vehicle for promoting non-racialism and non-sexism as it brings learners from different backgrounds to interact across diverse enclaves of our society. During the MTSF period, over R1 billion has been spent on the School Sport programme, with a reach of over 419 472 learners who have participated in district championships across the country, thus creating an apt opportunity for interaction and promotion of non-racialism and non-sexism.

In the main, the Department takes particularly serious its role lead in fostering social cohesion and nation-building. This work remains critical as the legacy of colonialism and apartheid still lingers on and thus continues to texture social circumstances even in the current context of constitutional democratic order. Through the Mzansi Golden Economy Program, and in keeping with the third objective of the Priority 6 Social Cohesion Programme of Action, which is to promote social cohesion through increased interaction across space and class, the Department continues to support several arts initiatives that aim to draw diverse races and social enclaves of our country, thereby fostering unity, reconciliation, and trust in one another. These initiatives include, among others:

1. Joy of Jazz in Johannesburg, Gauteng

2. Innibos Afrikaans festival in Nelpruit, Mpumalanga

3. National Arts Festival in Makhanda, Eastern Cape

4. Johannesburg Comedy Festival – Johannesburg

These initiatives continue to be crucial in fostering not only interaction but also trust among those from diverse backgrounds. In the main, trust between people fosters the cohesion required for the promotion of genuine conditions for reconciliation and nation building thereby lowering the undesirable instances of, among others, racism, xenophobia, and homophobia.

(2). The South African Constitution has an important principle called the separation of Powers meaning the power of the state is divided between three but interdependent components. In the case of Afriforum vs Economic Freedom Fighters (EFF), the court made a ruling on the matter and Members of Parliament advised to be guide by that decision. The singing of the song Dubul’ ibhunu - “Kill the Boer - Kill the Farmer” - was not hate speech, Judge Edwin Molahlehi, sitting as an Equality Court in the High Court in Johannesburg,

Reply:

(a). The slow pace of change to the names of our towns, cities and streets can be attributed to many factors. The South African Geographical Names Act 118 of 1998 does not provide for government at national level to actively propose name changes as the Minister has to take decisions on names submitted to him by applicants. Local communities are prioritising service delivery matters like housing, employment, water, and electricity over the transformation of our naming landscape. The cut in the budget allocations for the Department of Sport, Arts and Culture makes it increasingly difficult to conduct major public awareness campaigns on radio, television, and the social media.

(b). The pace of name changes in the Free State has been very slow. The South African Geographical Names Council held an awareness campaign in Bloemfontein on the 28 of June 2023.

During the awareness campaign all district municipalities and the Provincial Geographical Names Committee were given information on the process that needs to be followed when names of streets, towns and cities are proposed to be changed. This process includes public consultation with the local communities. This awareness

workshop was livestreamed to the public in the Free State to create community awareness on the urgency to transform South Africa’s naming landscape.

Reply:

1. Mzansi National Philharmonic Orchestra is not renting any space from the Playhouse

2. Yes, The Playhouse Company does rent out office space

a) From which Entity	b) What is the rental amount per month?
Steel Drum Foundation	R1,997.02 per month
SAMRO	R3,811.50 per month

THE END

Reply:

The National Department of Sport, Arts and Culture did not fund this event, and would therefore not be in a position to respond.

Reply:

The National Department of Sport, Arts and Culture did not fund this event, and would therefore not be in a position to respond.

Reply:

1. We have several Collective Management Organisations (CMOs) in South Africa, and all were established to represent their members on matters of management of their rights. The names of these CMOs are.

• 1. South African Music Rights Organisation (SAMRO), which collects royalties on behalf of composers and authors (music creators).
  2. South African Music Performance Rights Association (SAMPRA) – collecting needle time royalties on behalf of recording artists and record labels.
  3. Recording Industry of South Africa (RISA) - collecting royalties for Audio Visual (RAV).
  4. Dramatic, Artistic and Literary Rights Organisation (DALRO) – responsible for licensing the use of published dramatic, artistic, and literary copyrighted works and distributing royalties.
  5. Composers, Authors, and Publishers Association (CAPASSO) – collecting mechanical rights on behalf of composers, authors, and music publishers.
  6. Association of Independent Record Companies (AIRCO) - collecting royalties for Audio Visual (RAV) on behalf of independent record companies; and
  7. Independent Music Performance Rights Association (IMPRA) – collecting needle time royalties for performers and independent record labels.

2. We do not have records or any information regarding cash holdings available for distribution to members that was made from the 1999 fiscal year up to and including the current fiscal year. You will appreciate that these organisations are independent structures reporting and/or accountable to their members in the main. Only two of these structures (SAMPRA and IMPRA) are required by the law to also account for the Companies and Intellectual Property Commission (CIPC) which is under the Ministry of Trade, Industry and Competition. The current developments relating to the copyright amendment are proposing that all CMOs be accredited by the CIPC, and this process will allow all CMOs to account for the CIPC. We trust that this progressive Bill will be signed into law very soon.

Having said that, the customary practice is that unclaimed funds would normally be transferred into a separate account for a certain period normally for two or three years while searching for the rightful owners. The practice of holding undistributed money in a separate account until rightful owners come forward is a common global practice. If unclaimed, it is reallocated for distribution. The approach is designed to ensure that funds are safeguarded, and rightful recipients can claim what is owed to them. To simplify this, the approach is like the system adopted by the National Lottery, which is known for its transparent and fair distribution of unclaimed funds. In this regard, CMO organisations

can maintain accountability and avoid any misallocation or misuse of these resources. The system also provides a safety net for individuals or entities who may have overlooked or not yet claimed their entitlements.

3. Since taking office, I have engaged with various stakeholders, but notably, this has not extended to CMOs. The reason for this includes factors like the need for prioritisation of the stakeholder meetings given the demands on the ground and the fact that the government is already busy providing a comprehensive approach that will deal with royalty collection and distribution by amending the Copyright Act, a matter that has been welcomed by these CMOs and their respective members. Nevertheless, I acknowledge the importance of dialogues with CMOs and remain open to future engagements especially when unattended matters surface.

THANK YOU

Reply:

CSA has provided the Department with the following responses.

1. (a), (b) and (c) Detailed findings are attached to the report that is accessible as per the link in point 3 below.

2. There were no specific investigations into the losses made as the losses were mostly operational, which included the attempted launch of a Premier Domestic T20 competition.

3. The information is available: Cricket South Africa | CSA ANNUAL REPORTS

https://cricket.co.za/csa-annual-reports/

The 457-page report is under: Full Forensic Report on the above online page/link.

THANK YOU

Reply:

BSA has provided the following responses to these questions:

A) The Awards were held on 30 June 2023 at the Chief Albert Luthuli ICC, in Durban.

B) Approximately five hundred (500) people attended the awards.

C) The Chief Albert Luthuli ICC, in Durban.

D) The event cost R 3 238 125-87. See below breakdown.

Description	Amount
Venue ICC Durban, sponsored by eThekwini municipality
Event Manager	R 964 621,84
Production	R 435 040,00
Décor	R 299 800,00
Trophies and awards	R 260 411,75
MCs	R 112 500,00
Social Media Management and Marketing	R 24 600,00
Branding items	R 135 152,28
Ground Transport	R 87 000,00
Public Relation officer	R 36 000,00
Petty Cash	R 27 500,00
Project Manager	R 55 500,00
Female & Male boxer of the year	R 100 000,00
Flight, car hire and Accommodation	R 700 000,00
R 3 238 125,87

THANK YOU

Reply:

Rule 145(5) of the National Assembly is noted and respected, my apologies for missing the submission deadline.

Please find attached written replies for question 2704 and 2705 as submitted to the question office for tabling by my department.

 

Reply:

The below table indicates how much has been transferred to the Sports Trust since the inception of the Sport and Recreation South Africa to the end of 2022-2023 financial year.

TRANSFERS MADE TO THE SPORTS TRUST
FINANCIAL YEAR	AMOUNT
2003-2004	500 000,00
2004-2005	1 050 000,00
2005-2006	1 500 000,00
2006-2007	250 000,00
2007-2008	1 750 000,00
2008-2009	300 000,00
2009-2010	500 000,00
2010-2011	1 020 000,00
2011-2012	-
2012-2013	25 023 000,00
2013-2014	22 950 000,00
2014-2015	21 636 000,00
2015-2016	27 521 000,00
2016-2017	27 080 000,00
2017-2018	21 408 000,00
2018-2019	22 649 000,00
2019-2020	23 918 000,00
2020-2021	95 009 000,00
2021-2022	25 056 000,00
2022-2023	25 709 000,00
TOTAL	344 829 000,00

Reply:

My department recognises the importance of market access as an enabler for creatives to sell their products locally and globally. These could take various forms, and music is one of these art forms. To this end, my department has developed and implemented an array of initiatives to facilitate creatives’ access to markets; One significant initiative through which this is done is the Mzansi Golden Economy (MGE).

MGE is a comprehensive program aimed at stimulating economic growth within the arts, culture, and heritage sectors. Touring Ventures is one of the programmes of MGE, developed mainly to provide funding and support for the touring of local art products to be showcased on international platforms and markets.

This initiative serves multiple purposes including taking unique and culturally rich creations to international audiences. By exposing international audiences to South African creative products, the government helps expand the global reach and recognition of local artists.

Through this, eligible local creatives are provided with opportunities to perform at international exhibitions, book fairs, festivals, theatre plays, concerts, and events.

These performances not only allow creatives from different disciplines to showcase their talents but also connect them with international industry professionals, potential collaborators, and fans who are the buyers of the art products. This exposure can lead to international collaborations, increased fan bases, and enhanced market access.

Furthermore, the exposure gained from international tours can lead to increased demand for performances, both domestically and internationally. By presenting South African art products on global stages, the government enhances cultural diplomacy and fosters positive international relationships, and this includes performing at various cultural seasons organised by the Department.

Cultural seasons, also known as cultural festivals or arts seasons, are periods of time during which a specific theme, genre, or cultural aspect is highlighted and celebrated through a series of artistic and cultural events, performances, exhibitions, and activities.

South Africa has entered into bilateral agreements with other countries, which enable the participation of local creatives in various disciplines, music being one of them, in the respective countries.

There is a lot of work that the department does to create an enabling environment for creatives to participate on international platforms, exposing the different art products the country produces in the Music space, Book and Press, Design, Craft, etc.

THANK YOU

Reply:

(1) In 2016, the Department entrusted National Empowerment Fund (NEF) through a tender process to manage Venture Capital Fund (VCF) for a period of 3 years (2016/17 -2018/19) to the amount of R100 000 000.00 (One Hundred Million Rand Only) therefore the amount allocated was not 175 million.

(2)

(a). Yes, NEF was granted the project management role through Supply-Chain Management (SCM) processes.

(b). The tender was signed for a period of three years as indicated above.

THANK YOU

Reply:

(1). The Department through its various funding agencies has since COVID 19 disbursed funds to deserving arts projects and initiatives to soften the blow to the cultural and creative industry. In addition, the Department commissioned The South African Cultural Observatory (SACO) to conduct research post-COVID-19 on the Precarity and Social Status of Arts Practitioners and the report has been completed and will be circulated widely to the sector. The Department of Sport Arts and Culture also received a budget allocation of R650 million for PESP 1, R15m for PESP2, R440 million for PESP 3 and R462m for PESP 4 to provide relief to the creative sector, over the last three financial years.

(2). Yes, the Economic Recovery and Reconstruction Plan is available, see attached.

THANK YOU

Reply:

1(a). The KZN Philharmonic Orchestra is occupying the 3rd floor Since 1 April 1998.

(b). Towards the end of the 1990s The Playhouse Company reduced its operational size due to funding constrains it was going through. This was in line with what was contained in the Draft White Paper of the Department of Arts, Culture, Science & Technology.

The KZNPO was one of the five artistic companies of the Playhouse Company during that period. As part of the restructuring process the boards of the Playhouse Company and the KZNPO agreed to enter into a mutual benefit relationship (Public Private Partnership) where the orchestra would not take its retrenchment packages in return for a continued working relationship with the Playhouse.

Part of the agreement between the two organisations boards was that the orchestra would use office space on the third floor of The Playhouse’s administration building rent free. This mutually reciprocal working relationship would assist each arts organisation on sustaining itself in order to continue to create jobs for artists and offering artistic services to the community of KZN.

(2). No rental income is received from the KZNPO by The Playhouse Company. Therefore, no rental income is reflected in The Playhouse Company’s AFS.

It must further be noted that The Playhouse Company leases the premises from the Department of Public Works at no charge.

THANK YOU

Reply:

(1). Where there are facilities, Club development, learn to swim in schools and communities, inter-school swimming leagues for primary and secondary schools, which is an extra-curricular activity are offered as development programs.

Schools participate in both recreational and competitive leagues; In-school swimming takes place in the first and fourth term, during life skills/life orientation/physical education lessons at schools that have access to facilities.

Swimming South Africa (SSA)’s qualified swimming teachers have been placed at community pools in townships where Foundation phase learners from adjacent schools attend lessons during physical education lessons. Water safety education takes place during the winter months at identified schools. Capacity building programs

are offered to educators for learn to swim, introductory coaching and coaching level one. These programs are funded by DSAC and NLC.

(2). Yes, as government, we are mostly reliant on school and club facilities when offering swimming development programs. This is due to the lack of functional swimming pools in many municipalities in provinces, especially in townships.

(a) Programs that are offered include learn to swim in quintile 1 – 3 schools during physical education; learn to swim in communities; club development; splash polo and artistic fun.

(b)i. Development clubs receive funding for coaches & swimming teachers, as well as administration, and athletes that are selected for national teams are assisted financially.

b(ii). Schools administer their own inter-school programs during extra-curricular activities. However, the Provincial Departments of Sport, Arts & Culture support schools’ swimming championships or trials, water safety education in schools in some provinces and provincial teams that are selected for S.A. Schools Championships.

(3). It is well established fact that funding for sport and recreation in general is insufficient, this is equally true for programs aimed at promoting and facilitating access to swimming in communities. A collaborated and integrated approach to the development of swimming by Local, Provincial and National Government is required.

Furthermore, it is important that local Government ensure that existing facilities are maintained, and new swimming pools are built in township and communities where there are no facilities.

THANK YOU

Reply:

(1). The Department gives Tennis South Africa an annual grant to support their programs including wheelchair tennis programs and some of the programs are in preparation for the world events. In 2022/23 financial year the Department provided special financial support towards the ITF’s World Team Cup which Donald Ramphadi and Kgothatso Montjane were part of, together with ten other athletes with disabilities. The ITFs World Team Cup is crucial for Paralympic eligibility, as players are required to compete in a prescribed minimum number of events within of two (2) years in a four-year Paralympic cycle.

(2). Kgothatso Montjane and Donald Ramphadi are part of Tennis SA’s High Performance Programme who participate in international tournaments:

• a)Each player receives annual financial support which covers coaching fees and international tour expenses.
• b) Leading up to the Roland Garros, Tennis SA provided a total of R1,224,480.00 to high-performance players, excluding accommodation.
• c) Tennis SA high performance athletes were housed at the University of Pretoria's High-Performance center with a monthly food allowance; however, housing support was discontinued due to the loss of title sponsor, Growthpoint.

Reply:

MARATHON	a) MALES	b)FEMALES
(i) Cape Town Marathon	Four (4) tests (no athlete tested positive)	Four (4) tests (no athlete tested positive)
(ii) Two Oceans Marathon (ultra and half marathon)	Ten (10) tests (no athlete tested positive)	Nine (9) tests (no athlete tested positive)
(iii) Comrades Marathon	All top ten (10) athletes were tested. No athlete tested positive	All top ten (10) athletes were tested. No athlete tested positive

Reply:

1. (a). See attached full list of contracted service providers (ANNEXURE A)

(b). Contract start date was18 September 2020 and end date 18 September 2023

(c). They were contracted through the tender process.

2. All forty-eight (48) bids were received by the Department on the closing and time. Appointment letters were sent out to all (48) contracted service providers. (see attached list of appointment letters). (ANNEXURE B

3. Thirty-three (33) service providers have benefited from the contract. The value of contract is as follows: see attached full list of contracted service providers and value of contracts (ANNEXURE C)

 

 

Reply:

(1). The 2023 South African Sport Awards are yet to be hosted by the Department of Sport, Arts and Culture.

(2) & (3) falls off as the event is still to be hosted.

Reply:

(1)

(a). The Silapha Wellness Project under Ndingilizi was completed at the end of the 2022/2023 financial year.

(b). The Department had a three-year Service Level Agreement with Indingliz Advertising & Marketing, which came to an end at the end of the financial year 2022/2023, upon completion of the pilot, the department through Supply Chain Management (SCM)

initiated the necessary process to advertise for a service provider to be appointed to administer the implementation of the Silapha Wellnes programme as the sector needs this intervention. The successful bidder (Workforce Healthcare) was appointed following the necessary Supply Chain Management processes.

(2). Indingliz implemented the programme as a pilot, which took the form of high-level awareness campaigns in various provinces and 24-hour call centre counselling services, and these were successfully implemented. The initial scope of the work agreed upon had to be expanded to cover athletes because of the merger of the two departments (DAC and Sport and Recreation).

(3). Indingliz responded to the tender bid which was open to the public but was unfortunately unsuccessful.

(4). The report detailing the process followed when Indingliz was appointed for a period of three years is attached as (Annexure A)

The report detailing the process followed when Workforce Healthcare was appointed for a period of three years is attached as (Annexure B)

(5). Names of the Directors (Workforce Healthcare)

1. Dr Richard Brian Malkin (Managing Director)
2. Mr Ronald Stanley Katz (Director)
3. Mr Nevania Naidoo (Director),

Other Owners

1. Global Health Resources

 

Reply:

a) (i) Department of Sport, Arts and Culture

Year	Amount Paid (a)	Name of Supplier (b)	Number of copies printed (c)
2020-21 (aa)	R307 901,00	Digi-paper	200
2021-22 (bb)	R362 900,00	Shittim Trading CC.	200
2022-23 (cc)	R148 395,74 (quotation)	Gijina Trading	200

(ii) Public entities see attached.

THANK YOU

Reply:

(1). Whilst many international events are hosted in our country, these are hosted in accordance with the International Federation Rules and Regulations. In this case, The Commonwealth Judo Association has the prerogative to ease certain rules, but this must be discussed, agreed upon before the event and communicated to all participating countries. The case in point is the judo suits - should only be IJF approved suits. This rule was eased, and it was communicated to all before time. At this point, all international events hosted in the country will be held in accordance with the International Federation Rules.

(2). As the Minister of Sport, Arts and Culture I do not have the powers and authority to change the Rules of International Federations. However, Judo South Africa has indicated that there is a possibility to initiate discussions with the International Federation on the matter and other related matters. To this end the Federation indicates that post the event they discussed the issue, and they further intend making a submission at the Paris Congress in 2024 for possible review of the said rules.

Reply:

1)(a). There were no tickets allocated to the provinces for the 2023 Netball World Cup 2023.

b). not applicable.

2). The information is being sourced from the provinces and more time is required to respond to:

a). Their accommodation costs.

b). Their transport costs.

3). The total costs of the 2023 Netball World Cup would be determined and declared upon finalization of the financial audit and close out report.

4). Information on the final financial status (surplus or deficit) of the 2023 Netball World Cup would be determined and declared upon finalization of the financial audit and close out report.

THANK YOU

Reply:

(1). My department believes that the Netball World Cup 2023 was delivered satisfactorily and admits that the lessons learned regarding the areas that still need improvement will be recorded and shared for projects of similar nature in the future. The Ministry is not persuaded that there are any compelling reasons to launch a probe into how access to the games was handled and controlled.

(2). According to RWC2023 Board a commission will be paid based on the value of tickets sold

(3). The relevant procurement processes were followed, and the recommended bidder was approved by the NWC2023 Board.

(4). The ticketing challenges were as a result of the venue not having permanent seating. The temporary seating structure installed did not have seat numbers and the Local Organising Committee (LOC) then had to develop a seating plan. This delayed the issuing of tickets as we had to wait for seating plans to be finalised. This was resolved after the Opening Ceremony. The complicated competition format also contributed as people didn’t know which teams would be playing against each other from day 4, which was the second preliminary stage and was determined by round robin.

(5). After learning from the success of selling door tickets during the quad series in January. The LOC devised a plan to emulate the quad series, however permission was not granted by the VOC to sell tickets onsite.

THANK YOU

Reply:

1(a). The SA Rugby Union (SARU) has confirmed that they have (i)15 Rugby Unions and (ii)1 of these is under administration.(b) In the Western Cape (Western Province Rugby Football Union, Boland Rugby Union, South Western Districts Rugby Football Union; In the Eastern Cape - Border Rugby Football Union and Eastern Province Rugby Union; in KZN - KwaZulu Natal Rugby Union; Free State- Griffons Rugby Union and Free State Rugby Union; in Gauteng - Golden Lions Rugby Union, Blue Bulls Rugby Union and Valke Rugby Union; In NC Griqualand West Rugby Union; in NW The Leopards Rugby Union; in MP Mpumalanga Rugby Union and in LP Limpopo Rugby Union.

(2). Western Province Rugby Football Union is under Administration. The appointment of an administrator, in terms of Clause 29.5 of the SARU Constitution, was to stabilise the Union’s governance and operational business and was not meant to have any

direct influence on the on-field rugby affairs. The appointed administrator, reporting to the CEO of SA Rugby Union, is responsible for regular updates into the governance structures within SA Rugby Unions as well as the representatives of the Western Province rugby clubs.

The tabling and approval of annual financial statements is the competency of the Western Province Rugby Union General Council. The annual financial statements backlog that existed prior to placing Western Province rugby under administration is being addressed by the administrator and the external auditors with the ability to operate as a going concern being a significant audit technical matter to resolve before such accounts are presented to the general council.         

(3). At the time that SA Rugby Union had taken over as administrator, Western Province Rugby Football Union could not fund their operations due to significant liquidity constraints. In addition to this the refinancing of existing borrowings, where fixed owned properties belonging to Western Province Rugby Football Union were provided as security, meant that any default to the bondholder would result in the available equity in such properties being at risk/lost.

Amongst the many challenges faced as administrator was renegotiating a new anchor tenant agreement for the use of the Cape Town (DHL) stadium which resulted in more favorable commercial terms being reached and contributing towards the overall goal of financial sustainability. The ability for Western Province Rugby to continue its operations and the Stormers winning the inaugural international United Rugby Championship and subsequent finalist the year thereafter, meant that whilst under administration the brand value of Western Province rugby was not only protected but also enhanced to exploit commercial opportunities into the future. The potential to realize equity from the encumbered immovable properties still exists due to ongoing negotiations with the property bondholder.  

(4). Unless the costs associated with bidding and hosting of a Rugby World Cup are guaranteed by the public and/or private sector, SA Rugby Union will not have the financial resources to bid for and host such an event into the future.  World Rugby has allocated the hosting of the next World Cup in 2027 to Australia and 2031 in America.  The next opportunity to Bid, subject to funding and support will be once World Rugby opens the Bidding process for subsequent World Cups post 2031.

THANK YOU

Reply:

(1). The leak at the National Library of South Africa, Cape Town Campus was identified or reported on Thursday, 11 May 2023.

(2).

1. The procurement process started on Thursday, 11 May 2023.
2. The contractor appointed to fix the roof was Mayepe Group.
3. The value of the purchase order was R249 665,46.
4. Date of completion was Monday, 26 June 2023.

THANK YOU

Reply:

1. According to our records, the Department never funded the South Africa Music Rights Organisation (SAMRO)
2. Therefore, we do not have any further comments concerning the matter.

THANK YOU

Reply:

1. The South Africa Music Rights Organisation (SAMRO) is an independent legal entity, which neither the Ministry of Sport, Arts and Culture and the Department have a legal mandate over the running of its internal affairs and business.

2. Therefore, we do not have any comments concerning both the questions.

THANK YOU

Reply:

To my understanding, the South African Music Rights Organisation (SAMRO) was established by local composers and copyright owners such as record companies, to act as their representative body for the collection and administration of copyright royalties. Notably, SAMRO's membership comprises the very independent artists and rights-holders it represents.

In the spirit of good governance and in accordance with democratic principles enshrined in our Constitution and other pertinent laws, any matters of concern, should such exist, can be appropriately addressed by the members themselves, as they possess the legal authority to do so. We therefore cannot comment on matters outside our legal mandate.

THANK YOU

Reply:

(1). Swimming SA requires that swimmers representing the country be South African Citizens. With regards to qualifying standards, different international events have different qualifying standards.

(2). The Department does not get involved in the selection of National Teams.

THANK YOU

Reply:

The Public Protector Report 95 of 2021/22 has specific financial irregularity findings, thus being:

Irregular expenditure resulting from the allocation of funds to the Trust/Foundation for litigation in which the Department is not a party to. Irregular expenditure resulting from failure to ensure the directive for utilisation of funds was in writing.

A) In the report of the Public Protector, there are no specified officials identified as directly responsible for the above irregularities but the Director-General of the Department who is key in the administrative approvals for the allocation of funds, supported by CFO who is key in processing approved payments to the Trust/Foundation following what was understood to be a lawful directive of the Minister albeit that he not issue a written directive.

(b) The Public Protector’s report was concluded only in February 2022 with no specific recommendations for officials to be ‘charged” but listing administrative procedures to be implemented in what the report refers to as a Remedial Action Plan to be implemented by the Department (Sections 8-9 of the report).

(c) With regard to officials who are still within his department, the report proposed that appropriate disciplinary steps be taken against any officials of the Department who may be found to have been involved in the financial irregularities referred to in the report. The root cause for the irregularities was analysed concluding that it was the interpretation of what is a lawful directive (verbal vs written) and the interpretation of the Cultural Promotion Act (CPA). This is confirmed in the affidavit from the Department to the Public Protector. Relevant officials in the chain of approvals to payment of funds referred to in the Public Protector’s report were to be notified about the recommendations in the form of the remedial action plan directive from the Public Protector to the department and applicable remedial actions to prevent a similar occurrence in the future. Against this background, the appropriate step in this case was a corrective action in the form of training without any charges levelled against these officials.

(d). The department funds CCIFSA for the purpose of strengthening the South African Cultural and Creative Industries Sector. Several training workshops have been conducted by CCIFSA to capacitate its management. CCIFSA hosted a policy conference in 2020. It is currently implementing conference resolutions. It has improved its operational systems as well as applying remedial actions recommended by the Department. Based on the above remedial actions and the operational improvement shown by CCIFSA, the department accepted their reports.

THANK YOU

Reply:

(1). My department does not possess any legal authority or mandate to access or review the financial records of SAMPRA. We therefore cannot confirm or assist on this matter.

Kindly be advised that the Performers Protection Act of 1967, as amended, delineates the specific responsibilities and requirements related to the management

and accounting practices of needle-time collective management organisations. In this needle-time, CMOs are required to provide financial accounting and reporting exclusively to the Companies and Intellectual Property Commission (CIPC) as mandated by the mentioned legislation.

(2). SAMPRA's decisions regarding which musicians or performers they engage or funding for specific events, fall within their operational discretion and are not typically subject to specific reporting requirements to DSAC. Their primary obligation in this context is to comply with relevant intellectual property laws and regulations, particularly those governing royalty collection and distribution, which are primarily overseen by the CIPC.

(3). We are unable to provide specific comments or information regarding SAMPRA's internal business affairs.

(4). In the context of the aforementioned, we recommend that you reach out directly to SAMPRA to source the information or you can refer all the matters to the relevant authority, thus the CIPC for further investigation.

THANK YOU

Reply:

(1). As the Minister I am not in a position to indicate whether the CSA elections were legitimate or not because as per the National Sport and Recreation Act (NRS) I do not get involved nor interfere in administrative matters of National Federations unless a dispute is tabled for my attention.

(2.) (a&b) I have also not been informed of any non-compliance and therefore cannot pronounce on this matter.

THANK YOU

Reply:

(a). Cricket South Africa (CSA) has indicated that there were no findings or recommendations by Judge Ngoepe and

(b). There is nothing to implement.

THANK YOU