Questions and Replies

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19 September 2022 - NW2658

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Mbhele, Mr ZN to ask the President of the Republic

(a) What mechanisms and processes has The Presidency set up to monitor implementation of the recommendations of the Special Investigating Unit (SIU) and ensure that government departments and entities act against those who have violated regulations and broken the law, as announced in the 2022 State of the Nation Address, and (b) how does The Presidency enforce accountability for delays, shortcomings and failures by relevant organs of state and government structures to follow up on SIU findings?

Reply:

The Presidency, including the Department of Planning, Monitoring and Evaluation, has established a coordinating and monitoring mechanism for the implementation of recommendations and referrals arising from the investigations of the SIU.

The recommendations, referrals and actions of the SIU fall into five categories. These are (1) referrals for criminal investigation and prosecution to the National Prosecuting Authority, (2) referrals for disciplinary processes against officials implicated in wrong-doing to the accounting officers of affected departments and organs of state, (3) referrals for the restricting of suppliers of goods and services who have been implicated in wrongdoing, (4) recommendations for systemic reforms to financial controls, governance and related issues to prevent future occurrences, and (5) the recovery of money through the Special Tribunal.

The implementation environment is therefore highly complex, affecting law enforcement agencies, accounting officers across the three spheres of government and state-owned entities, and those departments mandated to perform oversight. These include the departments of Public Service and Administration and Cooperative Governance, which are responsible with overseeing disciplinary processes in the public service, and the National Treasury, which is responsible for restricting suppliers to government.

The first phase of establishing this coordinating and monitoring mechanism has been completed. This has involved information gathering, business process mapping and problem-solving engagements with the departments and entities central to the implementation of SIU recommendations. This work has produced detailed business process maps of the current implementation ecosystem and has revealed several opportunities for enhancements.

A centralised database has been created of all available information on the implementation of the recommendations, together with a prototype dashboard and analytical capability.

The enhancements that will be tackled in Phase 2 include aligning and standardising data protocols, establishing norms and standards in relation to recommendations, defining escalation procedures where inadequate performance is detected, automating data sharing and reporting processes between the different entities using digital technologies, and formalising structures for cooperation and problem solving.

Phase 2 will be implemented over a 12-month period starting in October 2022.

As part of Phase 1, the Presidency has collated and analysed information from the SIU, National Treasury, National Prosecuting Authority, Department of Public Service and Administration and Department of Cooperative Governance. The outcomes of this exercise have been used to produce a first monitoring report, which was presented to SCOPA on 6 June 2022.

As part of the Phase 1 activities, the Presidency has analysed various datasets to identify performance issues.

For example, as a result of the Presidency-led process, the Office of the Chief Procurement Officer set up interventions to speed up processes with the entities with the largest numbers referrals for restricting suppliers.

This intervention to improve coordination and monitoring of SIU recommendations is one part of a broader wave of action to build state capability to eradicate state capture, corruption and fraud in South Africa.

 

19 September 2022 - NW2656

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Steenhuisen, Mr JH to ask the President of the Republic

In light of the fact that sections 99 and 206 of the Constitution of the Republic of South Africa, 1996, read together, allow for the devolution of policing powers to provinces, particularly where provinces can show that they can do a better job of keeping citizens safe, what (a) would the Western Cape Government need to do in order to get more policing powers so that they can achieve a safer province and (b) is the Government’s policy position regarding the devolution of policing?

Reply:

Section 199(1) of the Constitution provides that the security services of South Africa consists of a single police service. Furthermore, in terms of Section 205(1) of the Constitution, the national police service must be structured to function in the national, provincial and, where appropriate, local spheres of government.

The National Commissioner is, in terms of Section 207 of the Constitution, responsible to control and manage the police service, in accordance with the national policing policy and directions of the Minister of Police. Section 207(4) of the Constitution, further provides that a provincial commissioner is responsible for policing in his or her province, as prescribed by national legislation and subject to the power of the National Commissioner to exercise control over and manage the police service.

The Minister of Police does not have policing powers and therefore cannot assign or transfer the responsibility of the National Commissioner to control and manage the single national police service to a member of the provincial Executive Council or to a Municipal Council.

Such transfer will be inconsistent with the provisions as contained in Chapter 11 of the Constitution, and accordingly, invalid.

The proposed change in the existing legal position will require amendment to the relevant provisions as contained in Chapter 11 of the Constitution.

Government does not have a policy on devolving policing powers to provinces as SAPS is a national competency.

However there is an Integrated Model of Policing Policy to operationalise the policy direction outlined in the National Development Plan and the 2016 White Paper on Policing for a professional and accountable police service, that is underpinned by prudent and efficient use of resources and the use of smart, modern policing approaches.

An integrated police service would act as a single collective voice for policing, helping to strengthen governance and accountability in all spheres of government, and ensure optimal coordination and alignment across the three spheres of government. An integrated approach would:

  • enhance visibility and efficiency;
  • ensure the most efficient use of resources;
  • strengthen outcomes around building safe and resilient communities;
  • address inconsistencies associated with the fragmented nature of policing at national and local levels, including the lack of uniform implementation of national policing standards across the board; and,
  • provide a basis for the standardisation of policing approaches in order to ensure efficiency and value for money.

19 September 2022 - NW2620

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McGluwa, Mr JJ to ask the President of the Republic

With reference to his reply to question 2134 on 23 June 2022, what is the status of the negotiations to finalise a social compact to create jobs within the context of the National Economic Development and Labour Council as a statutory forum for social dialogue including all social partners?

Reply:

Given the severe economic and social challenges our country is facing, government has been working with social partners towards consensus on the key tasks that we need to undertake together to address these challenges.

While all of the constituencies represented in the National Economic Development and Labour Council (NEDLAC) – government, organised business, organised labour and the community constituency – share common objectives, they represent different interests, which must be taken into consideration.

The negotiations are continuing in earnest. We have almost finalised a ‘Framework for a Social Compact in South Africa’. The foundation of the social compact is a recommitment to the accelerated implementation of the Economic Reconstruction and Recovery Plan.

These negotiations have not prevented government from forging ahead with the implementation of the Economic Reconstruction and Recovery Plan and far-reaching economic reforms in key network sectors.

Social partners are working towards finalising priority interventions on energy, transport and logistics, expanding infrastructure investment, support for SMMEs, fighting crime and corruption, social protection and expanding public employment programmes for the unemployed.

We remain committed to achieve a sustainable, inclusive and responsive social compact to support and accelerate our economic recovery.

19 September 2022 - NW2809

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Steenhuisen, Mr JH to ask the President of the Republic

How does the Government justify spending almost R2 billion of the budget of the SA Police Service, which equates to about R8 million each year, to protect the Cabinet Ministers, Deputy Ministers and other top-ranking politicians, whose generous salaries can comfortably cover their own armed response subscriptions, alarm installations and perimeter security, when 67 people are murdered and 153 people are raped in the Republic every day?

Reply:

Since the Interim Constitution came into effect in 1994, the National Commissioner of the South African Police Service (SAPS) has been responsible for a national protection service.

The budget for the VIP protection services, which accounts for less than 2% of the total SAPS budget, includes:

  • Provisioning of comprehensive protection to the President and Deputy President of the Republic, former Presidents and former Deputy Presidents, visiting Heads of State and spouses;
  • Provisioning of comprehensive protection to 62 national dignitaries (28 Ministers, 34 Deputy Ministers, Speaker of Parliament, Deputy Speaker of Parliament, Chairperson of the NCOP, Deputy Chairperson of the NCOP) and 124 provincial dignitaries (9 Premiers, 9 Provincial Legislature Speakers, 9 Provincial Legislature Deputy Speakers and 87 MECs), as well as ad hoc and foreign dignitaries that visit South Africa;
  • Provisioning of comprehensive protection to the Chief Justice, Former Chief Justice, Constitutional Courts Judges, Judge Presidents and President of the Supreme Court of Appeal.

It is a well-established principle in jurisdictions across the world that the state should provide adeuqate protection to officials whose personal safety may be at risk by virtue of the positions they occupy.

14 July 2022 - NW2292

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Gwarube, Ms S to ask the President of the Republic

What (a) number of advisory panels, advisory councils, task committees and commissions has he established since becoming President of the Republic on 15 February 2018, (b) are the details of the (i) mandate and (ii) work conducted to date of each of the specified panels, councils, committees and/or commissions, (c) is the (i) name and (ii) professional designation of each person serving on each of the specified panels, councils, committees and/or commissions, and (d) are the details of the costs incurred in the establishment and operation, including salaries and any other benefits paid to persons serving on each of the specified panels, councils, committees and/or commissions?

Reply:

The following advisory panels, advisory councils, committees and commissions have been established since 2018:

Panel, Council, Committee or Commission

Responsible department

1. Presidential Commission on the Fourth Industrial Revolution

Department of Telecommunications and Postal Services

2. Presidential Economic Advisory Council

National Treasury

3. Presidential Advisory Council on Investment

Department of Trade, Industry and Competition

4. Presidential Commission on Climate Change

Department of Forestry, Fisheries and the Environment

5. Presidential State Owned Enterprises Council

Department of Public Enterprises

6. Working Group on Disability

Department of Women, Youth and Persons with Disabilities

The following have been closed on completion of final reports:

Panel, council or committee

Responsible department

1. Commission of Inquiry into the South African Revenue Service

Department of Justice and Correctional Services

2. Commission of Inquiry into the Public Investment Corporation

Department of Justice and Correctional Services

3. High-Level Review Panel on the State Security Agency

State Security Agency

4. Expert Panel on July 2021 Unrest

The Presidency

Secretariat support for panels and councils, together with responsibility for their costs, resides with the relevant lead departments.

The information regarding the establishment of panels, advisory councils and commissions is in the public domain as there are media releases that indicate the names of the appointees, dates of appointment and terms of reference on the Presidency website.

The costs incurred by the Presidency with respect to the Expert Panel on the July 2021 Unrest was R530,231. Details on the costs incurred for the other bodies may be sourced from the relevant departments.

01 July 2022 - NW2183

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Bodlani, Ms T to ask the Minister in the Presidency

Whether his Office has put in place any plans in order to refurbish the (a) studios and (b) Imbizo Centre that are located within Parliament and are reportedly no longer utilised as a result of technological infrastructural challenges; if not, why not; if so, what are the relevant details of the full plans, including the (i) costs and (ii) timelines?

Reply:

a) GCIS can confirm that the Imbizo Centre and Cape Town Radio station are not operating due to technological infrastructure challenges. We have set aside in our current baseline a budget over the next three years to refurbish the Imbizo centre. With the available budget, it is envisaged that the refurbishment will be completed in the 2024/2025 financial year.

b) The costs to address the GCIS technological infrastructure challenges is estimated to be R10m. GCIS’s current budget is unable to absorb its costs. A funding request to address various GCIS Information and Communication Technology has been submitted to the National Treasury. The operational cost plans and timelines will only be committed once the departments have received a positive response from the National Treasury.

Thank You.

24 June 2022 - NW2248

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Shivambu, Mr F to ask the President of the Republic

(1) With reference to the statement released on 2 June 2022, entitled Presidency responds to claims by Mr Arthur Fraser, what was the total amount that was stored on his farm; (2) whether the specified amount of $4 to $8 million equalled the entire proceeds from the sale of the game auction that was held on his farm; if so, (a) who bought the game at the auction on his farm and (b) on what date; if not, (3) whether there was additional money that was not from the proceeds of the sale of the game auction that came from elsewhere; if not, what is the position in this regard; if so, where did the additional money, that was stored on his farm, come from; (4) whether he had (a) made any disclosure of the total amount of money stored on his farm in terms of the Executive Ethics Code and (b) alerted the SA Revenue Service of the specified amount; if not, why not, in each case; if so, what are the relevant reasons in each case; (5) (a) what are the reasons that he did not report a case of theft on his farm at a police station, but instead reported the theft to the Head of the Presidential Protection Unit and (b) will he open a criminal case with the SA Police Service at a police station about the burglary and theft at his farm?

Reply:

I am ready to cooperate with any investigations on this matter and will answer whatever questions the investigators ask of me. The law must be allowed to take its course and due process needs to be followed. I have made every declaration required of me since my first election to public office in 2014 and will continue to fulfil those obligations.

24 June 2022 - NW2275

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Steenhuisen, Mr JH to ask the President of the Republic

(1) Whether he used his official position as the President of the Republic to seek assistance from President H G Geingob of Namibia, with regard to the suspects who fled to Namibia following the break-in and theft at his Phala Phala farm; if not, what is the position in this regard; if so, what are the relevant details of the assistance he requested from President Geingob; (2) whether he requested Major-General W Rhoode, the Head of the SA Police Service’s Presidential Protection Unit, to conduct the investigations; if not, what is the position in this regard; if so, (a) did Major-General Rhoode travel to Namibia, (b) under what authority did he act and (c) who travelled with him to Namibia; (3) whether the SA taxpayer footed any part of the bill for the remuneration, flights, accommodation and/or incidentals of the investigators’ travel to Namibia; if not, what is the position in this regard; if so, what were the costs associated with the trip; (4) whether the stolen money was brought back into the Republic from Namibia and returned to him; if not, what is the position in this regard; if so, (5) whether the repatriation and return of the money to him followed the exchange control and the SA Revenue Service regulations; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

I am ready to cooperate with any investigations on this matter and will answer whatever questions the investigators ask of me. The law must be allowed to take its course and due process needs to be followed.

24 June 2022 - NW2274

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Steenhuisen, Mr JH to ask the President of the Republic

(1) Whether, with regard to the allegations against him in the affidavit by the former Director-General of the State Security Agency who was also the former National Commissioner of the Department of Correctional Services, Mr AJP Fraser, surrounding the break-in and theft of around $4 million from his Phala Phala farm on or around 9 February 2020, he reported the theft to the Directorate for Priority Crime Investigation, also known as the Hawks within the SA Police Services, as the law obliges him to do; if not, why not; if so, what is the case number; (2) whether he had been informed that during the course of Major-General Rhoode’s investigation, that the suspects were (a) caught, (b) kidnapped and/or (c) interrogated by the Presidential Protection Unit; if not, what is the position in this regard; if so, what are the relevant details; (3) whether he had been informed that the Presidential Protection Unit facilitated the alleged paying off of the suspects, including his domestic worker after the offenders had been traced and apprehended, in order not to reveal the incidents surrounding the break-in and theft of money to anyone; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

I am ready to cooperate with any investigations on this matter and will answer whatever questions the investigators ask of me. The law must be allowed to take its course and due process needs to be followed.

24 June 2022 - NW2249

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Shivambu, Mr F to ask the President of the Republic

(1) Whether he will take the public into his confidence by providing the evidence that the money that he stored at his farm was the proceeds of the game auction; if not, why not; if so, what are the relevant details; (2) what was the currency in which the money was stored on his farm; (3) whether he ever received a huge monetary amount as a gift during his State and/or official visits as the (a) Deputy President and (b) President of the Republic; if not, what is the position in this regard; if so, what are the relevant details in each case; (4) whether he ordinarily stores large amounts of money at his properties, other than his Phala Phala farm; if not, what is the position in this regard; if so, what are the relevant details with regard to (a) each specified property and (b) amount he keeps at each specified property?

Reply:

I am ready to cooperate with any investigations on this matter and will answer whatever questions the investigators ask of me. The law must be allowed to take its course and due process needs to be followed. I have furthermore declared every gift provided me during the course of tenure as Deputy President and President as required by law.

24 June 2022 - NW2276

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Steenhuisen, Mr JH to ask the President of the Republic

(1) With reference to the affidavit of Mr AJP Fraser, which alleges serious criminal misconduct against him and casts a dark cloud over the Office of the Presidency, how does he reconcile these serious allegations with his sworn obligation to uphold the Constitution and all other laws of the Republic; (2) what are the reasons that he has not yet taken the nation into his confidence and given clear answers to the many questions that have arisen from the matter; (3) whether he has found that his implication in the circumstances surrounding the break-in and theft of foreign currency from his farm, may amount to a violation of his oath of office; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

I am and will remain committed to the fulfilment of my oath of office. I do not intend to address these matters in a piece-meal fashion and will ensure the investigations currently under way have my full cooperation. The law must be allowed to take its course and due process needs to be followed.

23 June 2022 - NW2134

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Steenhuisen, Mr JH to ask the President of the Republic

Whether, in light of the fact that Saturday 21 May 2022 marked 100 days since his State of the Nation Address on 10 February 2022, wherein he promised to finalise a social compact to create jobs, build the economy and fight hunger, the social compact has been finalised; if not, what (a) progress has been made and (b) is the reason for the delay; if so, (i) what (aa) is the exact nature of the social compact, (bb) impact does he expect it to produce, (ii)(aa)which persons and/or organisations have been consulted and (bb) on what date(s) were they consulted and (iii) who has been leading the negotiations for the social compact?

Reply:

As I indicated in my address during the Presidency Budget Vote, we are working in earnest to conclude our negotiations on a social compact.

The engagements are taking place within the context of NEDLAC, which is a statutory forum for social dialogue.

We set ourselves the ambitious target of 100 working days to signal the urgency with which we need to find common ground on difficult issues that have wide-ranging implications for our economy. While all social partners share the same goals of inclusive growth and employment, there are differing views on how to achieve those goals.

 

We are determined that the social compact should be substantial and meaningful and make a real difference to the trajectory of our economy. We are therefore pushing ahead to achieve an agreement that is inclusive and lasting.

23 June 2022 - NW2135

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Steenhuisen, Mr JH to ask the President of the Republic

With reference to the announcement by the Minister in The Presidency, Mr Mondli Gungubele, that Cabinet approved the R22 million flag project in February 2022, (a) what was Cabinet’s justification for spending public money on the non-essential project when millions of South Africans are going hungry, (b) how did Cabinet process the public outrage toward the project and (c) what other non-essential projects have been approved by Cabinet for the 2022-23 financial year?

Reply:

The promotion of national symbols and the construction of monuments are important for building a common identity and advancing national unity.

The flag project, as with all programmes of government departments, is informed by the Medium-Term Strategic Framework (MTSF), which is itself based on the electoral mandate of this administration. These programmes are reflected in departmental budget votes, which are extensively debated in Parliament.

In view of the current fiscal pressures and public concern, the Minister of Sport, Arts and Culture directed his department to review the flag project.

Government will continue to work to ensure that its programmes and associated expenditure are informed by the priorities of the MTSF and the broader interests of the country.

23 June 2022 - NW2098

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Cuthbert, Mr MJ to ask the President of the Republic

Whether, with reference to his reply to question 479 on 16 May 2022, he has found that the Government’s rejection of the Centre for Development and Enterprises report entitled The Siren Song of Localisation undermines the Government’s commitment to an evidence-based policymaking approach as envisioned by the National Policy Development Framework; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

Government is committed to the implementation of the Economic Reconstruction and Recovery Plan, which is a series of measures to accelerate economic recovery and create employment. The plan was developed with important contributions from social partners and expert advisers through bodies like the Presidential Economic Advisory Council.

Localisation is one of several tools in the Economic Reconstruction and Recovery Plan to improve the dynamism of the economy, promote investment, develop new markets, transform the economy, promote equitable spatial development and contribute to the development of a capable state.

Localisation is pivotal in stimulating growth and transformation. It is about creating an enabling environment for inclusive growth, deepening the country’s industrialisation base and creating targeted transformation measures. It seeks to expand the economy to include more participants and to ensure that more parts of the population, including women, young people, black South Africans and the rural poor, can contribute to and benefit from growth.

The government’s approach is to make use of the entire policy toolkit including industrial policy, trade policy, localisation policy and social policy to drive growth.

We have already seen some of the results of this approach. In agro-processing, we have seen an investment of R1.7 billion by the SA Poultry Association as part of the Poultry Master Plan. In the automotive sector, we have seen a R3 billion investment by Ford Motor Company of South Africa and a R10 billion investment by Mercedes Benz to expand plants in Port Elizabeth and East London. In primary minerals processing, Komatsu SA has made a R300 million investment in an engine remanufacturing plant.

We have seen significant success in the textile industry where government has implemented 100% designation, requiring entities such as the South African National Defence Force (SANDF) to purchase all of its uniforms from local producers.

While the evidence suggests that our localisation efforts are on the right path, the challenge of growth and employment is nevertheless challenging and complex. Contributions to the public discourse on how we improve our efforts, including those by the Centre for Development and Enterprise, should be encouraged and welcomed.

25 May 2022 - NW1793

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Steenhuisen, Mr JH to ask the President of the Republic

With reference to his address to the nation on Monday, 18 April 2022, following the devastating floods of April 2022, wherein he announced a national state of disaster and the fact that the primary responsibility to co-ordinate and manage the disaster is assigned to the national sphere of government and committed to a three-phase response, namely, immediate humanitarian relief, stabilisation and recovery, and reconstruction and rebuilding, (a) what are the details of the implementation plan for the first two phases, (b) who has he assigned to lead each of the first two phases and (c) how will the public be updated on progress of the first two phases?

Reply:

Phase 1 on provision of immediate humanitarian relief focuses on addressing the immediate needs within affected communities. This includes search, rescue and recovery operations, burial assistance, death certificates, post-mortems, health services, psychosocial support, temporary shelter, food, personal essentials and emergency water supply.

Phase 2 on stabilisation and recovery interventions focuses on short term measures to repair and rebuild public infrastructure and facilities. This includes water, sanitation, stormwater and drainage infrastructure, electricity infrastructure, roads and bridges, rail networks, telecommunications infrastructure, health facilities, solid waste infrastructure, school infrastructure and human settlements. It also includes the provision of housing support and provision of social relief of distress grants.

For the details of the implementation plans, I refer the Honourable Member to the presentation by the Department of Cooperative Governance to the Ad Hoc Joint Committee on Flood Disaster Relief and Recovery on 23 May 2022.

The coordination of efforts by relevant stakeholders is the responsibility of the Minister of

Cooperative Governance and Traditional Affairs (COGTA) as per the Disaster Management Act, 2002 (Act No. 57 of 2002). Each organ of state is responsible for interventions across the phases as per their respective mandates.

The Communication and Community Mobilisation Task Team led by the Government Communications and Information System (GCIS) is responsible for communicating progress to the public. Updates are also being provided through existing platforms across the spheres of government.

25 May 2022 - NW1535

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Ceza, Mr K to ask the President of the Republic

Whether he intends signing a proclamation to direct the Special Investigating Unit to launch an investigation into the alleged R480 million that was spent purchasing municipal cars, which were unused for four years, in the Rustenburg Local Municipality; if not, why not; if so, what are the relevant details?

Reply:

No motivation for a proclamation has been submitted to the Presidency by the Special Investigating Unit (SIU). The SIU has indicated that it has not received any allegations on this matter, and will follow-up with the Municipality for details and to assess if the allegations fall within its mandate.

16 May 2022 - NW1039

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Mthenjane, Mr DF to ask the President of the Republic

What factors (a) did he take into account in his decision to appoint Justice Raymond Zondo as the new Chief Justice of the Constitutional Court and (b) led him to ignore the recommendation of the Judicial Service Commission to appoint the Judge President of the Supreme Court of Appeal, Justice Mandisa Maya?

Reply:

The Constitution sets out the role of the Chief Justice. Section 165(6) indicates that the Chief Justice is the head of the judiciary and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts. He or she also heads the Constitutional Court, our apex court.

Section 174(1) of the Constitution requires that persons appointed as judicial officers be fit and proper persons, and that those appointed to the Constitutional Court must also be South African citizens. Section 174(2) further requires that the judiciary must reflect broadly the racial and gender composition of South Africa and that this must be considered when judicial officers are appointed.

These are among the factors that were relevant to my choice of who should be the next Chief Justice.

In addition, I considered the great value in ensuring continuity and certainty in the leadership of the judiciary, and the important role the judiciary plays in ensuring trust and faith in state institutions.

I had the benefit of the inputs of all political parties represented in Parliament, and the contents and outcomes of the interviews conducted by the Judicial Service Commission, who were consulted as required by the Constitution. The Constitution does not give primacy to any of those entities and persons that I am enjoined to consult.

I exercised my Constitutionally granted discretion, taking into account all factors, in coming to the determination that Justice Raymond Zondo is the best person to be our next Chief Justice.

16 May 2022 - NW1333

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Steenhuisen, Mr JH to ask the President of the Republic

With reference to his repeated claims that the National Coronavirus Command Council is guided by the science when it takes decisions, on what (a) grounds did the Council ignore the advisory issued by the Ministerial Advisory Committee (i) on 21 July 2021 that all primary schools in the Republic should open at full capacity, as it found that the harms of rotational schooling would outweigh the benefits, until around 7 February 2022, (ii) on 8 February 2022 that the (aa) Government should remove the requirements for cross border travellers to undergo SARS-CoV-2 tests and (bb) requirement to wear masks outdoors be scrapped, until around 22 March 2022, given that both would have brought significant relief to the tourism industry and (iii) on 16 February 2022 that the restrictions placed on outdoor and indoor gatherings be lifted, including the 50% capacity and minimum physical distancing regulations, which would have brought significant relief to the events and entertainment industries, especially nightclubs and (b) scientific grounds are nightclubs still not allowed to operate?

Reply:

The role of the COVID-19 Ministerial Advisory Committee (MAC) is to advise the Minister of Health with regards to managing cases of COVID-19 in the health system, interventions to control the spread of the disease, communication strategies, the research agenda and the economic impact on the health system.

The MAC develops advisories on specific issues in response to requests from the Minister for guidance on a particular issue or in response to new knowledge and developments as the pandemic evolves.

Following submission of an advisory to the Minister of Health, the Minister directs the response to the advisory which may include:

  • activation, processing and implementation through internal departmental processes;
  • engagement with other internal and external stakeholders;
  • tabling at the National Coronavirus Command Council (NCCC) or Cabinet for deliberation and decision making.

In reaching decisions, the NCCC relies on contributions from numerous sectors and other stakeholders. While decisions are guided by scientific advice and evidence, additional social, economic, legal and behavioural considerations are also taken into account.

16 May 2022 - NW1332

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Steenhuisen, Mr JH to ask the President of the Republic

(1) With reference to his undertaking on 29 May 2019 to sign performance agreements with each Minister and Deputy Minister, and his reiteration during his State of the Nation Address on 14 February 2020 that the performance agreements would still be signed, (a) on what date did (i) he and (ii) each relevant Minister and Deputy Minister sign the respective performance agreements and (b) what are the reasons that it took so long after his initial undertaking in May 2019 to sign the performance agreements; (2) (a) on what date(s) was the performance of each Minister and Deputy Minister evaluated against the targets set in the performance agreements, (b) what are the details of the outcomes of each evaluation and (c) what action has he taken against any Minister or Deputy Minister who was found to have failed to meet a performance target; (3) whether he has found that the implementation of the performance agreements has strengthened the capacity of the State and increased accountability, as was his aim in February 2020; if not, what is the position in this regard; if so, what are the (a) relevant details and (b) details of the evidence he has relied on in this regard? NW1596E

Reply:

The President has signed performance agreements with Ministers and Deputy Ministers to assist in the fulfilment of Section 91(2) of the Constitution, which states: “The President appoints the Deputy President and Ministers, assigns their powers and functions, and may dismiss them.”

The performance agreements provide clear guidance to Ministers and Deputy Ministers on their responsibilities and performance indicators. This enables the President to more effectively evaluate the fulfilment of these responsibilities, and, together with the Deputy President and respective Ministers and Deputy Ministers, identify measures to address areas of concern.

While these performance agreements and the process of assessment are matters between the President and the respective Ministers and Deputy Ministers, copies of these agreements have been made public. They are available on the Government website at: www.gov.za/ministers-performance-agreement

16 May 2022 - NW479

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Cuthbert, Mr MJ to ask the President of the Republic

Whether his Government is committed to an evidence-based policymaking approach as envisioned by the National Policy Development Framework; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

At the beginning of the Sixth Administration, on the occasion of the Budget Vote of the Presidency 2019/20, I said that public policy that must be evidence-based and effectively coordinated.

The Presidency established a Public Sector Policy Development and Research Network in March 2020 as a platform to capacitate policy practitioners on the use of evidence in policy making. This network is represented by policy practitioners, researchers and legal services from national and provincial government, and municipalities will be included in the near future

The Presidency, through the Department of Planning, Monitoring and Evaluation (DPME), has an Evidence Mapping System that assists departments with mapping research work and evidence from a wide range of credible sources.

The National School of Government offers training to officials on evidence-based policy making and the National Policy Development Framework.

Finally, the Socio-Economic Impact Assessment System assists in ensuring that early drafting of policies, Bills and Regulations are supported by relevant evidence.

13 April 2022 - NW478

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Gondwe, Dr M to ask the President of the Republic

Whether he has commissioned the development and/or operationalisation of a grievance mechanism aimed at addressing the grievances of Directors-General; if not, by what date will such a mechanism be developed and operationalised; if so, in terms of which policy directive was the mechanism developed?

Reply:

Mechanisms are in place that address the grievances of Directors-General.

Section 35 of the Public Service Act, 1994, as amended, provides for procedures in respect of grievances of employees in the Public Service, including Heads of Department.

Subject to the above, grievances of Heads of Department are handled in terms of Chapter 10 of the Senior Management Services (SMS) Handbook. This specifies the procedural stages to address the grievance of a head of department either to the relevant executive authoirty or the Public Service Commission directly.

13 April 2022 - NW3

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Meshoe, Rev KR to ask the President of the Republic

Whether, in view of transparent governance, a copy of the agreements signed between the President of the Republic, Mr M C Ramaphosa, and COVID-19 vaccine manufacturers, can be made available to Members of Parliament and the public at large; if not, why not; if so, can Rev K R J Meshoe be furnished with a copy of the agreements?

Reply:

The President of the Republic has not entered into any agreements with any vaccine manufacturers. Such agreements are entered into by the relevant line department.

13 April 2022 - NW52

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Brink, Mr C to ask the President of the Republic

(1) Whether at any time during 2018 and/or 2019 the Deployment Committee of the African National Congress (ANC), and/or any member of the Deployment Committee and/or any employee of the ANC, furnished (a) him, as the President of the Republic, (b) the Deputy President of the Republic, (c) any Minister of his Cabinet and/or (d) any Deputy Minister of the Government with a list of names of persons to consider for appointment as members of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission) and/or members of the selection panel established to make recommendations for the appointment of members of the CRL Commission in terms of section 11(3) of the Commission on Cultural, Linguistic and Religious Communities Act, Act 19 of 2002, (the CRL Selection Panel); if so, (2) (a) what were the particulars of the persons recommended for appointment as (i) CRL Commissioners and (ii) members of the CRL Selection Panel and (b)(i) on what date and (ii) to whom were each of the recommendations made?

Reply:

The appointment of members of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission) is regulated in terms of the Commission on Cultural, Linguistic and Religious Communities Act, Act 19 of 2002 (“the Act”).

As required by section 11(4) of the Act, the members of the Commission that I appointed on 7 June 2019 were from the names submitted to me by the Selection Panel.

The following persons were appointed by the Minister of Minister of Cooperative Governance and Traditional Affairs (COGTA) as members of the Selection Panel in terms of Section 11(1)(d) of the Act:

  1. Professor Sihawukele Ngubane (Chairperson)
  2. Hosi Nwamitwa II
  3. Dr Wally Mongane Serote
  4. Mr Ashwin Trikamjee
  5. Mr Marlene Bethlehem
  6. Father Tseko Rakeketsi
  7. Ms Marah Louw (Did not participate in the process due to ill health)

The Selection Panel, after concluding the interviews, submitted a list of 22 persons. According to Section 9(1) of the Act, the Commission consists of a Chairperson appointed by the President and no fewer than 11 and no more than 17 other members appointed by the President. After consideration of the list of the names provided by the Selection Panel, I appointed the current 13 members of the CRL Commission:

  1. Prof Luka David Mosoma
  2. Ms Sheila Khama
  3. Ms Tsholofelo Mosala
  4. Mr Sicelo Emmanuel Dlamini
  5. Dr Oscarine Nokuzula Mdende
  6. Prof Pitika Ntuli
  7. Dr Sylvia Mmamohapi Pheto
  8. Dr Muneer Abduroaf
  9. Ms Nomalanga Tyamzashe
  10. Ms Ramokone Tryphina Kgatla
  11. Adv Richard Botha
  12. Mr Mandla Langa
  13. Mr Renier Schoeman

13 April 2022 - NW53

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Brink, Mr C to ask the President of the Republic

In respect of the selection panel that made recommendations to the President of the Republic, Mr M C Ramaphosa, on the appointment of members of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission) for the period 2019 to 2024 in terms of section 11(3) of the Commission on Cultural, Linguistic and Religious Communities Act, Act 19 of 2002, (the CRL Selection Panel), what were the particulars of the (a) members of the CRL Selection Panel and (b) persons recommended to the President by the CRL Selection Panel for appointment as members of the CRL Commission in terms of section 11(3)(d) of the specified Act?

Reply:

a) Particulars of the members of the CRL Selection Panel are as follows:

NAME

INTEREST GROUP

CAPACITY

Professor Sihawukele Ngubane

Academic (Language)

Chairperson

Hosi Nwamitwa II

Traditional Leadership Sector

Member

Dr Wally Mongane Serote

Culture and African Religion

Member

Mr Ashwin Trikamjee

Religious Communities (Hindu)

Member

Ms Marlene Bethlehem

Religious Communities (Jewish)

Member

Father Tseko Rakeketsi

Religious Communities (Christian)

Member

Ms Marah Louw*

Culture (Artistic Communities)

Member

B) In terms of section 9 of the CRL Rights Act, the President appoints the chairperson and no fewer than eleven (11) and not more than seventeen (17) persons as members. Persons recommended to the President by the CRL Selection Panel for appointment as members of the CRL Commission in terms of section 11(3)(d) are listed below:

NAME & SURNAME

CATEGORY

1. Prof. Luka David Mosoma

Religion

2. Ms Thoko Mkhwanazi-Xaluva

Culture

3. Ms Sheila Khama

African Religion (Traditional healer)

4. Ms Tsholofelo Mosala

Youth/Culture

5. Mr Sicelo Emmanuel Dlamini

Language (Persons with disability)

6. Dr Oscarine Nokuzula Mdende

African Religion (Traditional Healer)

7. Prof. Pitika Ntuli

Religion (SACC)

8. Dr Sylvia Mmamohapi Pheto

Tradition

9. Dr John Mphaphuli

Religion

10. Rasta Sipho Mantula

Religion (Rastafarian)

11. Mr Mxolisi Eshwell Zwane

Language

12. Dr Muneer Abduroaf

Religion (Muslim)

13. Rev. Micah Mhlupheki Nthali

Religion

14. Mr Phumlani Victor Mzobe

Youth/Culture

15. Ms Nomalanga Tyamzashe

Culture

16. Ms Ramokone Tryphina Kgatla

Language

17. Adv Richard Botha

Culture

18. Dr Leshabela Herbert Maduane

Culture & Language (Academic)

19. Dr Johannes Gogome Tshifularo

Tradition

20. Mr Mandla Langa

Culture

21. Inkosi Sydney Xolile Ndevu

Tradition

22. Mr Renier Schoeman

Religion

* Ms Marah Louw did not participate in the process due to ill health.

13 April 2022 - NW146

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Schreiber, Dr LA to ask the President of the Republic

Whether, with reference to the process regarding the appointment of the next Chief Justice of the Republic, he received any correspondence and/or input, in any format whatsoever, from the deployment committee of any interested party regarding the specified deployment committee or interested party’s preferred candidate(s) for appointment to the specified position; if not, what is the position in this regard; if so, what are the relevant details in each case?

Reply:

No. I have received correspondence from the leaders of political parties represented in Parliament and the Judicial Service Commission, as required by the Constitution.

Section 174(3) of the Constitution of the Republic of South Africa, 1996, requires the President as the head of the national executive, after consulting leaders of political parties represented in the National Assembly and the Judicial Service Commission, to appoint the Chief Justice.

For the purpose of promoting transparency and encouraging public participation, I invited the public to nominate suitable persons to be considered for the appointment as Chief Justice. I appointed a Panel of eminent persons with relevant experience to shortlist candidates from the list of nominees.

As required by the provisions of the Constitution, I have consulted the leaders of the political parties represented in the National Assembly and the Judicial Service Commission on the candidates I identified from the shortlist for the appointment of the Chief Justice. This process has been concluded as I have received the responses from the political parties’ leaders and the Judicial Service Commission.

13 April 2022 - NW148

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Abrahams, Ms ALA to ask the President of the Republic

Whether he, in his capacity as President of the Republic, ever received correspondence from a certain political organisation (attached details furnished), via email, WhatsApp, hardcopy and/or in any other format of which the original file is dated June 2020; if not, what is the position in this regard; if so, (a) on what date was the specified correspondence received, (b) who was the sender of the correspondence and (c) what steps were taken by his Office in this regard

Reply:

No such correspondence was received.

13 April 2022 - NW280

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Shembeni, Mr HA to ask the President of the Republic

By what date will a reshuffling of the leaders and management of the SA Police Service and other security cluster departments take place, following his statements of their incompetence during the State of the Nation Address on 10 February 2022?

Reply:

In the wake of the July 2021 civil unrest, I appointed an Expert Panel to critically review the security services’ handling of those events. Among other things, the panel recommended the appointment of suitable persons into the leadership of the security services.

On 25 February 2022, I announced the termination, by mututal agreement, of the contract of the National Commissioner of the South African Police Service, General Khehla Sitole with effect from 31 March 2022.

On 28 February 2022, I announced the appointment of Ambassador Thembisile Majola as the Director-General of the State Security Agency with effect from 1 March 2022.

On 31 March 2022, I announced the appointment of General Sehlahle Fannie Masemola as the new National Commissioner of the South African Police Service.

13 April 2022 - NW701

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Steenhuisen, Mr JH to ask the President of the Republic

(1)What are the reasons for his reported dismay with the call by Minister Pandor, the Minister of International Relations and Cooperation, for Russia to withdraw from Ukraine; (2) whether the Government’s withdrawal of its initial strong statement, calling on Russia to withdraw, signals its unwillingness to publicly condemn the trampling of the territorial integrity and sovereignty of the democratic Ukraine by the Russian Federation’s illegal invasion; if not, on what date is it envisaged that his Government will publicly and unequivocally condemn the Russian Federation’s illegal invasion of Ukraine; (3) whether he was informed that the Minister of Defence and Military Veterans, Ms T R Modise, and the Chief of the SA National Defence Force, General Rudzani Maphwanya, attended a cocktail function hosted by the Ambassador of the Russian Federation to the Republic on 24 February 2022; if not, what is the position in this regard; if so, (a) on what date was he informed that the specified persons attended the cocktail while the Russian Federation was busy invading Ukraine, (b) what disciplinary action does he intend to take in this regard and (c) does it represent the Government’s position on the Russian Federation’s invasion of Ukraine?

Reply:

I have not expressed dismay at anything the Minister of International Relations and Cooperation has done in fulfilment of her mandate.

2. South Africa’s position on the conflict in Ukraine has been articulated on several occasions, most recently in my response to Questions for Oral Reply in the National Assembly on 17 March 2022, where I stated the following:

“The international community needs to work together to achieve a cessation of hostilities and to prevent further loss of life and displacement of civilians in Ukraine. It needs to support meaningful dialogue towards a lasting and meaningful peace, which ensures the security and stability of all nations.

“As a country, we are committed to the articles of the United Nations Charter, including the principle that all members shall settle their international disputes by peaceful means. We support the principle that members should refrain from the threat or use of force against the territorial integrity or political independence of other states.

"That is why, at the UN General Assembly Emergency Special Session, South Africa strongly urged all sides to uphold international law, including humanitarian law and human rights law, as well as the principles of the UN Charter, including sovereignty as well.

While there are people within our country and elsewhere that want South Africa to adopt a more adversarial position, our position seeks to contribute to the creation of conditions that make the achievement of a durable resolution of the conflict possible.

Our approach is informed by an analysis of the causes of this conflict. This includes a view shared by many leading scholars, politicians and other people, that the war could have been avoided if NATO had heeded the warnings from among its own leaders and officials over the years that its eastward expansion would lead to greater, not less, instability in the region.

While it is important to understand and articulate the causes of the conflict, and advocate for peace building measures, we cannot condone the use of force or violation of international law.

We also need to recognise that coercive measures, such as sanctions outside of the legal prescripts of the United Nations, may serve to prolong and intensify the conflict.

3. Many countries have diplomatic representation in South Africa. It is the practice of our government that when a diplomatic mission is hosting a key event, a Minister is assigned to represent our government.

This applies to all countries represented in South Africa. South Africa will continue with this diplomatic practice, which all diplomatic missions expect. The assignment of Ministers to these events is coordinated by State Protocol. This practice is also extended in all our diplomatic missions abroad when they are hosting such events.

13 April 2022 - NW702

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Steenhuisen, Mr JH to ask the President of the Republic

With reference to his undertaking in his reply to the debate on the State of the Nation Address on 20 February 2018 to conduct lifestyle audits on the members of his Cabinet, which has been repeated on various occasions thereafter, (a) what are the reasons he has failed to date to conduct the lifestyle audits, (b) by what date is it envisaged that the lifestyle audits will (i) commence and (ii) be completed and (c) what are the details of the (i) method and (ii) contents of the lifestyle audits?

Reply:

The introduction of lifestyle audits for Members of the Executive has taken far longer than originally anticipated. While we have begun with lifestyle audits for senior public servants, it is important that we extend this practice to Members of the Executive.

Much work has been done on the approach and methodology to lifestyle audits of Members of the Executive. However, the finalisation of this work is being held in abeyance pending the submission of the final report of the Commission of Inquiry into State Capture. This is so that any additional measures required to strengthen Executive accountability and conduct can be considered holistically.

13 April 2022 - NW826

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Kruger, Mr HC to ask the President of the Republic

What will be the (a) terms of reference and (b) mandate of the newly established red-tape reduction team led by Mr Sipho Nkosi?

Reply:

The Red Tape Reduction Team (RTRT) has a mandate to identify priority reforms and work with other departments and agencies to simplify regulatory processes and unblock specific obstacles to investment and business growth. This is aligned to government’s commitment in the Economic Reconstruction and Recovery Plan to “reduc[e] the cost of doing business…[through] regulatory changes that seek to optimise the regulatory environment”.

This includes what is often referred to as “cutting red tape”, namely the removal of unnecessary or excessively complicated regulations and inefficient administrative processes which not only create frustration but increase compliance costs, especially for smaller businesses and entrepreneurs.

The RTRT will work with and build on existing programmes to improve the business environment, in particular those run by the Department of Trade, Industry and Competition and the Department of Small Business Development.

Being based in the Presidency, the RTRT will take a whole-of-government approach to addressing some of the challenges faced, including working with sub-national spheres of government. The RTRT will accordingly play a supporting and coordinating role within government.

The terms of reference are being finalised, and will reflect the mandate described above.

13 April 2022 - NW1011

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Steenhuisen, Mr JH to ask the President of the Republic

Whether he approved the request of the Minister of Transport, Mr F A Mbalula, to travel to Ukraine around 5 March 2022; if not, what is the position in this regard; if so, (a) on what date did he (i) receive and (ii) approve the request and (b) what was the purpose of the official visit?

Reply:

No request was received from Minister Mbalula for permission to travel to Ukraine.

 

11 January 2022 - NW2526

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Schreiber, Dr LA to ask the President of the Republic

(1) Whether he was informed that the Minister of Higher Education, Science and Innovation, Dr B E Nzimande, published in the Government Gazette No. 1160 of 30 October 2020 the Language Policy Framework for Public Higher Education Institutions Determined in Terms of Section 27(2) of the Higher Education Act, Act 101 Of 1997, as amended, which excludes Afrikaans, Khoi and San languages in its definition of indigenous languages, while he reportedly stated on 28 October 2021 that the definition of indigenous languages was still being discussed; if so, (2) whether he intends to investigate the matter, particularly the (a) Minister’s statement that the final policy framework’s definition of indigenous languages is still being discussed and (b) statutory grounds on which the discussions the Minister refers to rely given that the final policy framework has already been gazetted; (3) whether he intends to ensure that the final policy framework will be amended to include Afrikaans, Khoi and San languages in its definition of indigenous languages before it is set to take effect on 1 January 2022; if not, why not; if so, what are the relevant details? NW2949E

Reply:

I have been informed of the following:

 

  1. The Minister of Higher Education, Science and Innovation, Dr BE Nzimande published the Language Policy Framework for Public Higher Education Institutions (the Policy Framework) on 30 October 2020, for implementation by universities from the beginning of January 2022.
  2. As the Policy Framework declares, it is based on the constitutional imperative assigned by the Founding Provisions of Section 6(2) and (4) of the Constitution of the Republic of South Africa, which states that:

“Recognising the historically diminished use and status of the indigenous languages of our people, the state must take practical and positive measures to elevate the status and advance the use of these languages.”

and

“The national government and provincial governments, by legislative and other measures, must regulate and monitor their use of official languages. Without detracting from the provisions of subsection (2), all official languages must enjoy parity of esteem and must be treated equitably.”

3. The publication of the policy framework followed extensive consultations with universities, a call for public comment, discussions at NEDLAC and a host of other stakeholders with interest in languages of South Africa. In addition, and as mandated by Sections 3 and 5 of the Higher Education Act (Act No. 101 of 1997 as amended), advice was obtained from the Council on Higher Education (CHE)

4. The purpose of the policy framework is to:

  • provide a framework for the development and strengthening of indigenous languages as languages of scholarship, teaching and learning and communication at higher education institutions;
  • provide guidelines for the development, implementation, monitoring and evaluation of institutional language policies;
  • contribute to transformation in higher education with specific reference to universities through enhancing the status and roles of previously marginalised South African languages to foster institutional inclusivity and social cohesion.

5. The framework defines ‘indigenous languages’ as follows:

“Languages that have their heritage roots in Africa (also referred to as African languages in literature and some policy documents) and that belong to the Southern Bantu language family, where ‘Bantu’ is used purely as a linguistic term. An indigenous language is a language that is native to a region or country and spoken by indigenous people.”

6. In its Policy Statement (or statement of intent or objective) the Policy Framework declares that:

“This policy framework commits to the development and study of all official South African languages especially those which were historically marginalised, including the Khoi, Nama and San languages. Institutions are required to develop language plans and strategies indicating mechanisms they will put in place to enhance the development and promotion of indigenous African languages as centres of research and scholarship. [our emphasis]”

7. Since earlier this year (2021), the Department of Higher Education and Training (DHET) has received queries from some Afrikaans medium groups regarding the definition of “indigenous languages” contained in the Policy Framework. Notably, most of the queries came from the Honourable Dr Leon Schreiber, Democratic Alliance, MP.

8. The Department and the Minister have been consistent in the responses that the Policy Framework does not discriminate against any South African language, official or otherwise; and that the Policy Framework seeks to escalate the nurturing of multilingualism in the higher education system of South Africa. They have further stated that the Policy Framework seeks to promote and develop, in particular, the historically marginalised and underdeveloped South African languages as languages of scholarship in line with the constitutional imperative for the state to grant parity of esteem to all South African languages and make education available in the language of choice of citizens taking into consideration issues of equity and reasonable practicability.

9. Despite the above assurances, which are also contained in the Policy Framework, the Honourable Dr Schreiber, MP, has been persistent and adamant that the Policy Framework discriminates against Afrikaans.

10. In order to ensure that the said persistence does not distract from the above- stated constitutional imperative, the Department of Higher Education and Training has sought legal advice on the matter and communicated the fact to subsequent queries from the Honourable Dr Schreiber and members of the media. The legal opinion has been received and is being considered.

11 January 2022 - NW2030

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Steenhuisen, Mr JH to ask the President of the Republic

Whether, with reference to Recommendation 2.4 of the Report of the High- Level Review Panel on the State Security Agency published in December 2018, he (a) established a multi-disciplinary investigation team to deal with the criminal investigation and (b) appointed a private advocate to conduct internal disciplinary hearings; if not, in each case, (i) why not and (ii) by what date does he intend to take each of the specified actions; if so, (aa) on which date(s) was the (aaa) multidisciplinary investigation team established and (bbb) private advocate appointed, (bb) what are the terms of reference in each case and (cc) what are the details of the progress that has been made in each case? NW2267E

Reply:

 

The High Level Review Panel (HLRP) Report on the State Security Agency was handed over to the former Ministers of State Security for implementation.

The criminal and departmental investigations were initiated prior to the recommendations of the Panel in compliance with the law.

The criminal investigations were referred to the Directorate of Priority Crime Investigation on 19 June 2018 and 29 July 2018. The referrals were made in compliance with section 34 of the Prevention and Combating of Corrupt Activities Act, 2004. An internal investigation using a multi-disciplinary approach was also

initiated on 5 December 2018 in compliance with the statutory obligations of the Accounting Officer in the Public Finance Management Act, 1999.

Pursuant thereto, allegations of corrupt networks activities in the State Security Agency were referred to the Investigative Directorate of the National Prosecuting Authority on 14 October 2020.

Furthermore, an independent forensic firm has been appointed to conduct a forensic investigation into allegations of malfeasance, corruption and criminality in the State Security Agency, which was launched on 8 November 2021.

Two external advocates were appointed in 2019 and 2020 to draft charge sheets and prosecute the disciplinary matters. The disciplinary hearings will convene in due course.

11 January 2022 - NW2029

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Steenhuisen, Mr JH to ask the President of the Republic

​ Whether, with reference to Recommendation 2.4 of the Report of the High- Level Review Panel on the State Security Agency (SSA) published in December 2018, he referred the recommendations of the Panel to the appropriate law enforcement bodies, oversight institutions and internal disciplinary bodies for investigation of all manifest breaches of law, regulations and other prescripts at the SSA as highlighted by the report with a view of instituting, where appropriate, criminal and/or disciplinary prosecutions; if not, (a) why not and (b) by what date does he envisage he will give the instructions; if so, (i) on which date(s) did he give the instruction(s), (ii) to which law enforcement bodies, oversight institutions and internal disciplinary bodies was each instruction given and (iii) what are the details of (aa) all criminal and disciplinary prosecutions that have ensued as a result of the referral for investigation and (bb) the current status and/or outcome of each criminal and disciplinary prosecution to date? NW2266E

Reply:

 

The High Level Review Panel (HLRP) Report on the State Security Agency was handed over to the former Ministers of State Security for implementation.

With regard to Recommendation 2.4 of the Report, criminal and departmental investigations were initiated prior to the recommendations of the Panel in compliance with the law.

Criminal investigations were referred to the Directorate of Priority Crime Investigation on 19 June 2018 and 29 July 2018. The referrals were made by the then Acting Director-General in compliance with section 34 of the Prevention and Combating of Corrupt Activities Act, 2004. An internal investigation was initiated on 5 December 2018 in compliance with the statutory obligations of the Accounting Officer in accordance with the Public Finance Management Act, 1999.

Pursuant thereto, allegations of corrupt networks activities in the State Security Agency were referred to the Investigative Directorate in the National Prosecuting Authority on 14 October 2020. Furthermore, an independent forensic firm has been appointed with effect from 2 November 2021 to conduct a forensic investigation into allegations of malfeasance, corruption and criminality in the State Security Agency.

Parliament’s Joint Standing Committee on Intelligence receives briefings by the State Security Agency with regards to progress on these matters.

11 January 2022 - NW1774

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Ndlozi, Dr MQ to ask the President of the Republic

(1) Whether a certain official (details furnished) has any relationship with a certain convicted criminal (name and details furnished) that may influence the specified official’s policy decision-making; if not, what is the position in this regard; if so, (a) what is the nature of the relationship and (b) does it include discussing Crime Intelligence matters; (2) whether the specified official has had any discussions with the specified convicted criminal regarding the removal of a certain person (name and details furnished); if not, what is the position in this regard; if so, what security clearance did the convicted criminal attain to gain access to the specified official, particularly as it relates to discussions of Crime Intelligence matters? NW1982E

Reply:

 

Due to the position of the official in question and the sensitive nature of the enquiry, this is a matter that is best raised in the Joint Standing Committee on Intelligence (JSCI).

21 December 2021 - NW2751

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Komane, Ms RN to ask the Minister in the Presidency

Whether, given the current outbreak of the new Omicron variant of COVID-19, and the resumption of Statistics South Africa’s (Stats SA) data collection period, Stats SA will continue with the face-to-face data collection; if not, how will data be collected, especially in remote areas; if so, what has he found will be the impact of the outbreak of the new Omicron variant to face-to-face data collection process?

Reply:

 

Yes, Honourable Komane

Stats SA intends to roll out multi-modal data collection tools, namely (i) Computer Assisted Web Interviewing (CAWI), (ii) Computer Assisted Telephonic Interviewing (CATI) and (iii) Computer Assisted Personal Interviewing (CAPI). The latter is also referred to as face to face interviewing.

The CAWI and CATI modes allows us to collect and interact with the public remotely, hence we encourage all people/households and institutions to register to be enumerated on our data-free platforms (getcounted.statssa.gov.za) or call our Tollfree service (0800 110-

248) to help them register. This process triggers members of the public to share with us their contact details, which will aid us to engage them even remotely (telephonically- CATI)

Face to face has been undertaken during the last pilot (August 2021). The challenge has been the discomfort from the public to open their doors to the field staff. The level of restrictions imposed at a given time will determine the roll out of face to face (e.g., any restrictions from level. 3 and lower still allows us to conduct face to face- with appropriate PPE equipment.). Any higher levels of restrictions (level 4-5) will lead to the rescheduling/ delayed deployment of face to face).

We are aware of limitations in rural areas either due to literacy levels or connectivity challenges, hence we advocate that CAPI is still the best mode to reach all settlements and population groupings (homeless, transients, households and the institutionalized).

We therefore intend to use all these methods in rural areas. In areas/cases where these other two modes cannot be deployed, we intend to deploy face-to-face primarily with the appropriate levels of restrictions as determined/pronounced from time to time.

The approach will be to provide all our field staff with (appropriate PPE’s, face masks and sanitizers), in addition our training includes a module on adherence to Occupation, Health and Safety (OHS) measures/guidelines in line with COVID-19 regulations. This includes either conducting interviews in open spaces within, outside the dwelling unit or asking for telephone numbers and calling the respondent immediately thereafter via using the tablets (over the fence or otherwise).

Finally, we also have a workplace vaccination program, wherein we encourage our employees to be vaccinated by setting dates for vaccinations within our various national and provincial offices in collaboration with GEMS.

Thank You.

21 October 2021 - NW1979

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Powell, Ms EL to ask the President of the Republic

Whether he will furnish Ms E L Powell with the full details of each of the projects that he announced when he addressed Parliament on 15 October 2020 stating that a robust pipeline of projects that will completely transform the landscape of our cities, towns and rural areas with 276 catalytic projects with an investment value of R2,3 trillion had been developed by the end of June 2020?

Reply:

Through the Sustainable Infrastructure Development Symposium (SIDS) process, a number of infrastructure projects were submitted to the Investment and Infrastructure Office in the Presidency. The 276 projects received had an estimated value of R2.3 trillion. These projects were divided per sector, of which 71 were in human settlements, 64 in transport, 42 in water and sanitation, 33 in agriculture and agro-processing, 25 in energy, 7 in digital infrastructure and 34 in other sectors such as mining, tourism and environment.

In terms of the provincial spread, 57 are in KwaZulu-Natal, 40 in Gauteng, 38 in Eastern Cape, 37 in Limpopo, 23 in Western Cape, 18 in Mpumalanga, 16 for both the Free State and Northern Cape and 12 in North West. A further 19 projects cut across provincial borders and are classified as national.

These projects were evaluated by the various technical working groups and 50 were subsequently gazetted as Strategic Integrated Projects (SIPs) in line with the provisions of the Infrastructure Development Act (IDA), focusing on energy, digital infrastructure, water, transport, human settlements and agriculture and agro-processing. The balance of the 276 projects require further project preparation to progress them to bankability stage.

The details of the 50 Strategic Integrated Projects (SIPs) are contained in Government Gazette no. 43547 of 24 July 2020.

15 September 2021 - NW1914

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Steenhuisen, Mr JH to ask the President of the Republic

With reference to his address to the nation on 16 July 2021, wherein he characterised the unrest in KwaZulu-Natal and Gauteng from 9 to 18 July as a popular insurrection, (a) on what ground(s) did he rely to classify the unrest as a popular insurrection and (b)(i) what are the details of the evidence that informed his decision to classify the unrest as a popular insurrection and (ii) which persons and/or entities supplied the specified evidence?

Reply:

In my address to the nation on 16 July 2021, I described the violence and destruction of the preceding days as an attempted insurrection that failed to gain popular support.

In that address I outlined some of the key features of this attempted insurrection, including:

  • deliberate, coordinated and well-planned actions intended to cripple the economy, cause social instability and severely weaken – or even dislodge – the democratic state;
  • the exploitation of the social and economic conditions under which many South Africans live to provoke ordinary citizens and criminal networks to engage in opportunistic acts of looting;
  • economic sabotage through targeted attacks on trucks, factories, warehouses and other infrastructure necessary for the functioning of our economy and the provision of services to our people;
  • attempts to inflame racial tensions and violence through social media, fake news and misinformation.

The characterisation of the unrest in these terms was based on reports and analysis received by the National Security Council, meetings with stakeholders, site visits to areas in KwaZulu-Natal affected by the violence and media reports of the events.

15 September 2021 - NW1782

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Holomisa, Dr BH to ask the President of the Republic

(1)Whether he was satisfied that when he instructed that a certain person (name and details furnished) should be placed under precautionary suspension, based on adverse findings of the Auditor-General of South Africa (AGSA) in an audit of the 2018-19 and 2019-20 financial years of the National Skills Fund that any other officials, including the specified person, as the Accounting Authority, had not been coerced, forced and/or given any political directives which led to the irregularities and/or qualified opinion(s); if not, what is the position in this regard; if so, what are the relevant details; (2) whether any other government (a) departments and (b) organisations such as the National Student Financial Aid Scheme, sector education and training authorities, and/or state-owned enterprises have received qualified audits from the AGSA in the past five financial years, where the Accounting Authority of any such department and/or organisation was placed under precautionary suspension by (i) him and/or (ii) a Minister; if not, what is the position in this regard; if so, which government (aa) departments and/or (bb) organisations; (3) whether any investigations were conducted into government (a) departments and/or (b) organisations that (i) he and/or (ii) any of his Ministers placed under precautionary suspension; if not, why not; if so, what were the broad outcomes of such investigations?

Reply:

The President of the Republic of South Africa has in terms of section 42A(3) of the Public Service Act,1994 (Proclamation 103 of 1994) delegated powers to the Minister of Home Affairs to deal with the possible precautionary suspension of the Director-General of the Department of Higher Education and Training, Mr Qwebinkundla Qonde. This arises from adverse audit findings made by the Auditor-General of South Africa (AGSA) in an audit of the financial years 2018/19 and 2019/2020 of the National Skills Fund, where the DG is an Accounting Authority.

The DG, as required by the law, was afforded an opportunity to make representations before the decision could be taken on the matter. After considering the entire case, he was put on precautionary suspension to pave the way for the forensic investigations to be conducted without any form of disturbance or interference. It is important to note that each case needs to be considered on its own facts.

In terms of the Public Service Act and the PFMA the relevant and responsible Ministers are in a position to respond to the Ministry-specific questions. Furthermore, questions related to the Auditor-General can be posed directly to the Auditor-General as the Auditor-General is accountable to Parliament.

15 September 2021 - NW1913

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Steenhuisen, Mr JH to ask the President of the Republic

Whether there are specific conditions which must be satisfied before the National State of Disaster imposed to curb the spread of the COVID-19 pandemic is lifted; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

All organs of state must develop sustainable regulatory measures for the control of COVID-19 beyond the state of disaster. Measures must be infused into policies and regulations to normalise COVID-19 preventative measures in the society.

The current measures contained in the regulations for dealing with the disaster in the context of the risk adjusted strategy remain necessary to limit the negative impact of the COVID-19 pandemic.

Once sustainable sectoral regulatory measures for COVID-19 response are in place or the need to invoke current extraordinary measures provided for under the state of disaster ceases, all the Regulations and Directions issued under the national state of disaster will cease to exist.

Accordingly, ongoing assessments by the National Coronavirus Command Council and Cabinet will determine the satisfaction of conditions for terminating or allowing the state of disaster to lapse.

15 September 2021 - NW1915

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Steenhuisen, Mr JH to ask the President of the Republic

Whether he has found that the popular insurrection was instigated by certain persons and/or factions of the African National Congress; if not, which persons and/or factions have been identified as instigators of the popular insurrection; if so, what (a) action, if any, does he intend to take against the specified instigators and (b) are the further relevant details in this regard?

Reply:

Law enforcement agencies have arrested several individuals alleged to have been involved in the instigation and/or incitement of the violence that occurred in KwaZulu-Natal and Gauteng in July 2021. These cases are now before the courts and the law must be allowed to take its course. Investigations by law enforcement agencies are ongoing. It would not be correct to pre-empt the outcome of these processes.

In addition, I have appointed a panel of experts led by Professor Sandy Africa to undertake a full analysis of the possible causes of the unrest and the response of our law enforcement agencies. I look forward to their report, which they have promised me will be ready at the end of the year.

12 August 2021 - NW1641

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Singh, Mr N to ask the President of the Republic

With regard to his statement (details furnished) on Africa Day on Tuesday, 25 May 2021 and in light of the fact that much of the Republic’s current debt is odious and its trajectory, according to analysts, is not sustainable in the long run, what are the full, relevant details of the plan to achieve the ideals of public debt management, financial integrity and the creation of a more favourable climate for private sector investment?

Reply:

Government is committed to promoting economic recovery and returning the public finances to a sustainable position. Faster economic growth remains the most important determinant of fiscal sustainability, and private investment remains a key driver of that growth. For this reason, government is taking steps to promote both private and public investment.

The economy has started to recover in response to improved global conditions and the easing of lockdown restrictions – and in the months ahead, a mass vaccine rollout will support a full reopening of the economy. At the time of the 2021 Budget, GDP growth of 3.3 per cent was projected for 2021, although recent strong GDP outcomes have opened the possibility of a better growth outlook.

Government’s balanced and prudent fiscal strategy is designed to stabilise the public finances. For example, the 2021 Budget provided continued support to the economy and public health in the short term without adding to long-term spending pressures.

Capital spending remains the fastest-growing component of non-interest spending. The main budget primary deficit is projected to narrow from 7.5 per cent of GDP in 2020/21 to 0.8 per cent of GDP in 2023/24, and gross government debt is expected to stabilise at 88.9 per cent of GDP in 2025/26.

In addition to these fiscal measures, government is working to promote investment.

Operation Vulindlela, a collaboration between the National Treasury and the Presidency, is working with the relevant departments to address many of the structural impediments to investment, such as the high cost of doing business, low levels of competitiveness and a weak public‐sector balance sheet.

Addressing these can unlock large‐scale investment by the private sector to support inclusive growth and job creation.

Recent initiatives such as Infrastructure South Africa and the Infrastructure Fund are instruments to enhance collaboration and attract private‐sector investment. This is done through partnering with the private sector, multilateral development banks and development finance institutions to bolster investment capacity, expertise and financing.

The commitment to these initiatives was further solidified in the 2021 Budget, where it was announced that government will be providing initial support of R18 billion to the Infrastructure Fund over the medium term. Several collaborative projects under the Fund are already underway, including student housing, digital infrastructure and water infrastructure.

By carefully managing public spending, undertaking structural reforms and shifting public expenditure towards fixed investment, we have embarked on a path to reduce public debt in a responsible and sustainable manner.

01 June 2021 - NW1307

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Cuthbert, Mr MJ to ask the President of the Republic

(1)Whether, with reference to the investigation of the Special Investigating Unit into corruption in the National Lotteries Commission that he authorised through proclamation, any arrests have been made; if not, why not; if so, (a) what are the names of those arrested, (b) on what grounds were they arrested and (c) on what date were they arrested in each case; (2) whether any official charges have been brought against any persons by the National Prosecuting Authority based on the results of the investigation; if not, why not; if so, (a) what are the names of those charged, (b) what crimes were they charged with and (c) on what date were the charges filed; (3) whether any assets have been seized; if not, why not; if so, what are the relevant details, including (a) a comprehensive breakdown of all the assets seized, (b) the value of assets seized and (c) from whom they were seized; (4) on what date does he expect that the investigation and a comprehensive report will be completed?

Reply:

The Special Investigating Unit (SIU) is currently investigating several matters in collaboration with the Directorate for Priority Crimes Investigations (DPCI) with respect to the National Lotteries Commission. Due to the fact that investigations are ongoing, there have as yet been no arrests, no charges have been brought against any persons, and no assets have been seized.

The SIU is preparing to refer evidence pointing to criminal action to the National Prosecuting Authority (NPA) and to approach the Special Tribunal in order to freeze assets belonging to several individuals.

Due to the large number of matters identified for investigation, the SIU has divided the investigation into phases. The first phase, consisting of 14 investigation focus areas, is likely to be completed by 30 June 2021. The second and final phase of the investigation is likely to be completed by 31 December 2021.

01 June 2021 - NW1442

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Cachalia, Mr G K to ask the President of the Republic

Whether he received a gift and/or donation on behalf of the Government from a certain person (Mr Solly Noor) at a certain iftar gathering hosted by the Muslim Judicial Council in Cape Town on 6 May 2021; if not, what is the position in this regard; if so, (a) what amount of money and/or other goods did the specified person gift and/or donate to the Government, (b) for what purpose was the money and/or other goods gifted and/or donated and (c) what are the further relevant details in this regard; (2) whether he received any other gifts and/or donations on behalf of the Government from any other person in attendance at the specified gathering; if so, (a) what amount of money and/or other goods were gifted and/or donated, (b) from which person and/or entity was each gift or donation received, (c) for what purpose was each gift and/or donation received and (d) what are the further relevant details in each case?

Reply:

At the iftar dinner in Athlone on 6 May 2021, Mr Solly Noor handed the President an award from Global Islam Finance that Mr Noor had collected on the President’s behalf and a letter from Islamia College, where the event was held, thanking the President for his attendance.

No other gifts were received by the President at that occasion.

24 May 2021 - NW1077

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Chetty, Mr M to ask the President of the Republic

Whether, with reference to the reply of the Minister of International Relations and Cooperation to question 31 for oral reply on 3 March 2021, regarding the R118 million irregular expenditure on the New York Pilot Project and her admission that her department had nothing to show for the R118 million spent, and in view of the fact that this is now an international embarrassment, he will (a) recall Ambassador Jerry Matjila, who was the Director-General of the specified department during the initiation of the highly controversial project and (b) suspend Minister Nkoana-Mashabane, who failed to exercise her executive oversight as the then Minister of International Relations and Cooperation, resulting in damaging South Africa’s international image; if not, why not; if so, what are the relevant details?

Reply:

I have been informed by the Minister of International Relations and Cooperation that in her Oral Reply to the question posed by the Honourable Member on this matter, she indicated that the Department had brought a review application in 2018 to have the tender award reviewed and set aside, and to request the recovery of the money that had been paid to the service provider. As the Minister also indicated in her Oral Reply, the judgement is still awaited.

Ambassador Jerry Matjila, who was the Director-General of the Department of International Relations and Cooperation, is no longer an official of the Department, as the Employer-Employee relationship was terminated on 15 January 2021.

There is no intention to suspend Minister Nkoana-Mashabane.

19 April 2021 - NW951

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Steyn, Ms A to ask the President of the Republic

(1)Whether, considering that he is in receipt of a number of reports from the Special Investigating Unit (SIU) spanning a number of departments, and given his obligation to protect the public and further considering that identified individuals in the specified reports may hold professional status with a Statutory Council, he will pass such reports on to the relevant statutory councils so that any licensed persons (details furnished) are held to account in order to protect the Republic; if not, why not; if so, (a) on what date and (b) what are the further relevant details; (2) whether he will make it a policy in respect of any government official who is/was investigated and/or charged internally in the past, present and future to be reported to their relevant statutory body for investigation in terms of the professions code of conduct; if not, why not; if so, what are the relevant details; (3) what (a) total number of professionals are implicated in the SIU reports and (b) field of expertise is each implicated professional serving in?

Reply:

The Special Investigating Unit (SIU) investigations are regulated in terms of the Special Investigation Unit and Special Tribunal Act, 1996.

According to this Act, the SIU is empowered to investigate serious malpractices or maladministration in connection with the administration of State institutions defined in the Act.

Section 1 of the Act defines State institution to “mean any national or provincial department, any local government, any institution in which the State is the majority or controlling shareholder or in which the State has a material financial interest, or any public entity as defined in section 1 of the Reporting by Public Entities Act, 1992 (Act No. 93 of 1992)”.

All final reports of the Special Investigating Unit (SIU) received by my Office are therefore released to all affected State institutions to implement the recommendations of the SIU.

In the case of SIU making certain findings of wrongdoing against a particular professional based on evidence, the SIU refers this to the relevant professional body with recommendations regarding professional disciplinary action.

The said referral is accompanied by relevant evidence to enable the professional body to institute the recommended disciplinary action and hold the professional to account.

The SIU has established a function which will follow up with the statutory professional bodies or councils to establish whether the SIU recommendation is implemented.

The SIU also makes similar referrals to government where there is evidence of wrongdoing by any government official. In the latter case, a referral accompanied by evidence is sent to the Accounting Officer or Accounting Authority of the relevant state institution to enable the Accounting Officer or the Accounting Authority to institute disciplinary action and thus to hold the official to account.

In view of the above there is no need to develop a separate policy in this regard.

The SIU has found evidence of wrongdoing by five (5) professionals – all attorneys – since January 2011. In each case, referrals were made to the relevant professional body.

16 March 2021 - NW750

Profile picture: Schreiber, Dr LA

Schreiber, Dr LA to ask the President of the Republic

Whether, at the time that he appointed a certain person (name and details furnished) on 29 May 2019, he was informed of the serious allegations of sexual harassment levelled against the specified person by an employee of a certain political organisation (name furnished) prior to the 2019 general election; if not, what steps will he be taking now that the allegations have become public; if so, what (a) measures did he put in place to investigate the allegations and (b) were the appropriate reasons for appointing the specified person in the face of the allegations?

Reply:

I was not aware of the allegations at the time of the appointment of the person.

I am informed that the relevant internal processes of the political party concerned were followed with respect to these allegations, in line with the law applicable to such complaints by an employee as well as the political party’s policy on sexual harassment, and that this process was concluded.

16 March 2021 - NW476

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Hill-Lewis, Mr GG to ask the President of the Republic

With reference to his reply to question 2256 on 5 Jan 2021, (a) who are the private individuals he refers to, (b) how did they, as private individuals, come to know about the SA National Defence Force charter and (c) is a similar service available to all private South Africans who wish to make donations-in-kind to recipients abroad, so long as there is space on the aircraft?

Reply:

I have been informed by the Minister of Defence and Military Veterans that the donation of personal protective equipment to Cuba was coordinated by the former South African Ambassador to Cuba, Amb Phatse Justice Piitso.

It was through his interactions with the Cuban Mission in South Africa that the former Ambassador got to know about the flight organised by the SANDF to collect its members and to carry personal supplies to SANDF members and South African medical students training and studying in Cuba. The arrangement was between the Embassy of Cuba and the donor.

This arrangement was made under the exceptional circumstances resulting from the coronavirus pandemic, which included limitations on commercial air travel.

This service would not be available to private organisations and individuals under normal circumstances.

03 March 2021 - NW381

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De Freitas, Mr MS to ask the President of the Republic

With reference to the second South Africa Investment Conference, wherein companies made investment commitments of R364 billion in industries including tourism and hospitality, (a)(i) what is the total amount that has been invested to date, (ii) by what number of companies and (iii) on what dates were these investments made, (b) what is the nature of such investments in each case and (c) how has the investments contributed to the economy to date?

Reply:

a) (i) Of the R364.4 billion in investment commitments announced by 71 companies at the 2019 SA Investment Conference, R69 billion (18.9% of the total value of announcements) has flowed into the economy as per reports received from companies.

(ii) 60 of the 71 companies are responsible for the flows of R69 billion.

(iii) This figure is based on quarterly updates received directly from the companies and reflect the status quo as at 31 January 2021.

b)

Sector

Number of Investments

Nature of investments

Advanced Manufacturing

4

New manufacturing facilities

   

Factory upgrades and expansions

Agro-processing 

 

 

7

Factory upgrades and expansions

   

New manufacturing facilities

   

Various new and expansion activities under poultry sector Master Plan

Automotive 

 

10

Factory upgrades and expansions

   

New manufacturing facilities

Infrastructure

6

Investment in upgraded and new infrastructure

Manufacturing 

 

 

 

11

Factory upgrades and expansions

   

New manufacturing facilities

   

Expansion of productive capacity across different operations

   

Various new and expansion activities under the Retail, Clothing, Textile, Leather and Footwear Master Plan

Mineral Beneficiation

 

 

11

Expansion and upgrading of existing mining operations

   

New mines

   

Investment in new and expansion of mineral processing capacity

Services

 

 

6

Investment in new datacentres

   

Investment in new and upgrading of broadband infrastructure and services

   

Investment in financial services

   

Expansion and upgrading of existing facilities

Oceans Economy

1

New cruise terminal infrastructure

Oil and Gas

2

Investment in new and upgrading of oil & gas projects

Renewable Energy

 

2

Investment in small scale renewable energy projects

Tourism and Hospitality 

8

Property development

   

New tourism and hospitality projects

Funds

2

Investment in project financing

Collective Announcement

1

Investment in various types of activities

c) The 2019 investment announcements are at different stages of progress and implementation and include site clearances, installation of bulk infrastructure, commissioning of plant equipment, and factory launches. These activities are contributing to the creation of jobs and economic development across provinces.

26 February 2021 - NW158

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Macpherson, Mr DW to ask the President of the Republic

Whether, with reference to the Western Cape High Court ruling against the Minister of Cooperative Governance and Traditional Affairs for the illegal and unconstitutional ban on tobacco products under the Disaster Management Act, Act 57 of 2002, which cost the country upwards of R3 billion in tax and inflicted misery on 11 million South Africans, he intends taking disciplinary steps against her for her illegal and unconstitutional action; if not, why not; if so, what steps have or will be taken?

Reply:

The High Court ruling to which the Member refers is on appeal as government is of the firm view that this decision should be appealed.

The nature of the pandemic is constantly changing and government’s caution, based on information available at the time was therefore entirely justifiable.

As a responsible government we consider it critical that we continue to have all options at our disposal should any of these prove necessary to combat the pandemic.

There is no intention to take any disciplinary action against the Minister of Cooperative Governance and Traditional Affairs on this matter. It was a collective decision of Cabinet to take all precautions necessary to limit transmission of the coronavirus and to limit the likely increase in the number of severe cases.