Questions and Replies

Reply:

(a) Department of Agriculture, Land Reform and Rural Development (DALRRD) is currently reviewing the 50/50 programme with a view to strengthening it.

(b)(i) Twelve (12) schemes were approved under the 50/50 programme.

(ii) R655 783 649.55.

(c)(i) Please refer to Annexure A.

(ii) None, since no such assessment was done.

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Reply:

The following are some examples of the support offered by the Department of Justice and Constitutional Development (Department) to Legal Aid South Africa (SA):

1) Governance

The Department, through the Minister’s representative in the Legal Aid SA Board, is constantly kept abreast about Legal Aid SA affairs including its challenges occasioned by mandatory budget cuts, and timeously provide advice and support. In addition, I also avail myself whenever the Board of Legal Aid SA requests my intervention.

2. Service delivery

a) Court Operations

1. Legal Aid SA is a key player in all the Justice Cluster Efficiency Enhancement Forums (National Efficiency Enhancement Committee, Provincial Efficiency Enhancement Committee, Regional Efficiency Enhancement Committee, and Lower Courts Efficiency Enhancement Committee).
2. Legal Aid SA also partakes in the Department’s Court Rationalization Meetings.
3. Legal Aid SA ‘s lack of adequate resources and lack of relief component is considered in the coordination of Court operations.

b) Special Projects Resources Funding

Where required, the Department provides Legal Aid SA with funding to undertake various special delivery programmes projects, such as Backlog Courts, Sexual Offences Courts and Commercial Crimes Court along with other stakeholders.

c) New Land Mandate

(i) The Department played a key role in the coordination of transfer of Land Rights function from Department of Agriculture to Legal Aid SA.

(ii) The Department ensured that the transfer of function is implemented in line with the Department of Public Service and Administration and National Treasury transfer of function frameworks.

3. Finance and budgeting

a) Supported Legal Aid SA in its submission to National Treasury pleading for exemption from budget reduction which has a direct impact on the case load

b) Coordinates meeting between Security Cluster departments/entities with National Treasury wherein departments budgets are presented and considered.

c) Availed funds to Legal Aid SA for Special Commercial Crimes Courts

d) Coordinated the transfer of R33m to from the Department of Agriculture to Legal Aid SA to fund the establishment of the Land Rights Management unit. If these funds were not secured, then Legal Aid SA would have had to use its funds to establish the Land Rights Management Unit.

e) Spearheaded the Land mandate Medium Term Expenditure Framework Budget negotiations with National Treasury to ensure that the new mandate is adequately funded.

f) I have met with the Minister of Finance to present Legal Aid SA case on request for funding.

Reply:

a) The Potchefstroom Magistrate Court was constructed in 1986. The office has been attending to minor repairs of the building through day to day maintenance, with the assistance from Department of Public Works and Infrastructure (DPWI). The court building experienced roof leakages over time due to cracked and damaged roof tiles. Part of the roof over the court rooms and the cash hall collapsed due to rotten roof trusses and damaged roof tiles.

b) The court is old and should have been maintained regularly to prevent it from dilapidating. The lack of timeous maintenance is what caused the roof to leak and the trusses to rot and eventually cave in.

DPWI registered a project for repairs and renovations for the whole court facility. The contractor was appointed and site handover date was 27 February 2020, over a period of 18 months. The contract amount was R23 million. The challenge to the roof was identified on the project scope and also discussed in project meetings. The delays to the project were caused by the Covid-19 national shut down, which also affected the construction industry; labour unrests and intimidation by local business forum. Following negotiations and the involvement of the Police Special Task Force Team, the contractor is now back on site effective August 2022. Due to the fact that the court facility is occupied, the project is being executed in phases. The contractor is currently on site and working on the cordoned part of the building, where staff members were moved to other floors and other offices within the building. The contractor had not yet commenced work on the portion where the roof has collapsed, as it is in the middle of the structure, which made it difficult for the contractor to program the works to start in the middle of the building.

Reply:

The National Prosecutor Authority (NPA) is particularly concerned where children and women are the victims of crime and deals with such cases as matters of priority. The Sexual Offences and Community Affairs (SOCA) Unit within the NPA is looking towards and assisting these victims in the Thuthuzela Care Centres (TCC’s) of South Africa. Sixty-one (61) TCC’s have already been established throughout the country. Safe spaces for such victims are created. These centres also provide improved services such as treatment and educational assistance to these victims. Prosecutors in court are attending to these matters as priority though it is difficult to keep record of all such cases especially when the crimes, as appears from the question above, are not committed solely due to the gender or age of the victim. The NPA is manually though recording data on both femicide as well as intimate femicide cases. Regarding crimes against women the NPA can supply the data on convictions and acquittals pertaining to femicide and intimate partner femicide only.

During the financial year 2021/22 (April to August 2022) the following was recorded:

a) There was a total of three hundred and ninety-six (396) successful convictions relating to femicide counts and three hundred and sixteen (316) convictions relating to intimate partner femicide counts.

b) There were twenty-four (24) acquittals relating to femicide counts and twenty-one (21) acquittals pertaining to intimate partner femicide counts. The reasons for the acquittals were not recorded and it cannot be confirmed that it was “as a result of poor or incomplete investigations by the South African Police Service”.

c) The information regarding cases withdrawn by the victim and /or victim’s family is not recorded by the NPA and cannot be supplied.

d) The number of cases awaiting trial can also not be supplied as it is not recorded.

e) The number of cases awaiting sentencing is not available as it is not recorded.

f) The NPA is unable to supply information pertaining to cases still under investigation in each province for:

1. Murder;
2. Attempted murder;
3. Assault with the intent to inflict grievous bodily harm; and
4. Common assault as it is not recorded.

Reply:

1. (a) Qualifications requirement for entry Level 5 Court Interpreters is Grade 12 (Matric) or an equivalent qualification at NQF Level 4, and good proficiency in the Indigenous Languages of the area in question.

Qualifications requirement for Senior Interpreters is a National Diploma in Legal Interpreting at NQF Level 5, and three (3) years’ practical experience in court interpreting or Matric/Grade 12 or an equivalent qualification at NQF Level 4 and ten (10) years’ practical experience in court interpreting. The good proficiency in the Indigenous languages of the area in question will also be a requirement.

Qualifications requirement for Principal Interpreters is a National Diploma in Legal Interpreting and five (5) years’ practical experience in court interpreting, Matric/Grade 12 or an equivalent qualification at NQF Level 4. Good proficiency in the Indigenous languages of the area in question is also a requirement

Qualifications requirements for Cluster Manager Language Service, is a National

Diploma in Legal Interpreting at NQF Level 5 and six (6) years’ practical experience in court interpreting, of which three (3) years should be at supervisory Level, Grade 12 or an equivalent qualification at NQF Level 4. Good proficiency in the Indigenous languages of the area in question is also a requirement.

Qualifications requirements for a Provincial Manager Language Service, is a Bachelor`s Degree/National Diploma in Legal Interpreting at NQF Level 6 and six (6) years’ practical experience in court interpreting, of which three (3) years should be at supervisory level, Grade 12 or an equivalent qualification at NQF Level 4. Good proficiency in the Indigenous languages of the area in question is also a requirement.

b) The Admission requirements into Court Interpreting in the High Courts is Grade 12 and a National Diploma in Legal Interpreting or equivalent relevant qualification, on NQF level 6. A minimum of three (3) years practical experience in Court Interpreting/ or Grade 12 and minimum ten (10) years’ practical experience in Court Interpreting.

2. Assessment of Court Interpreters is always carried out in a real time court by Language Service managers when Court is in session. There is a standardized assessment/evaluation tool that assesses skills such as listening, memory retention, pronunciation, knowledge of both the Source Language and the Target Language, and turn-around time in encoding and decoding the message conveyed, etc. The tool also assists in determining the skills gap, and also informs the required training interventions.

All court interpreters enter into a Performance Agreement on an annual basis and assessments are conducted with the respective supervisor’s mid-year and on an annual basis. In addition, the management of Court Interpreters (Principal Interpreter/Cluster Manager) conducts assessments in real time while the Interpreter is in court conducting interpretation.

3. Court Interpreters who are placed in Specialised Courts are currently being offered an In-House training by the Justice College on Expert Evidence. The Course content includes, but not limited to, Forensic Pathology, Cyber-crimes, Ballistics and Toxicology, and Advance Interpreting.

The Department is currently engaging Institutions of Higher Learning and the Judiciary to craft a specialised Training Curriculum for the Specialised Courts, to cover areas such as dealing with vulnerable groups, recently introduced pieces of legislation relating to commercial crimes and Human Trafficking and also understanding Court Procedures, Legal Concepts and their Interpretation.

Training needs are identified based on the requirements of the specific Specialised Court. Training has been provided in the area of Legal Interpreting and, Expert Evidence.

Reply:

I wish to inform the Honourable Member that the information requested at present, does not fall within the mandate and scope of the Department of Justice and Constitutional Development.

Currently, the information required in sub-questions (1) to (4) may be obtained from the Minister of Co-operative Governance and Traditional Affairs.

As the Honourable Member is aware the Traditional Courts Bill, was passed by Parliament and referred to the President for assent and signature into an Act of Parliament.

Until the Bill is passed into law, there is no specific legislation that required the Traditional Courts, for instance, to keep records as is now provided for in the Traditional Courts Bill.

However, the matter is relevant for preparation on the implementation of the Act once assented to and signed into an Act of Parliament.

The Department is in a process of conducting an audit of what needs to be in place for the Bill to be implemented, and will consult with the Department of Co-operative Governance and Traditional Affairs as well as with the nine (9) Provincial Heads of the Department of Justice and Constitutional Development.

Reply:

The National Prosecutor Authority (NPA) is particularly concerned where children and women are the victims of crime and deals with such cases as matters of priority. The Sexual Offences and Community Affairs (SOCA) Unit within the NPA is looking towards and assisting these victims in the Thuthuzela Care Centres (TCC’s) of South Africa. Sixty-one (61) TCC’s have already been established throughout the country. Safe spaces for such victims are created. These centres also provide improved services such as treatment and educational assistance to these victims. Prosecutors in court are attending to these matters as priority though it is difficult to keep record of all such cases especially when the crimes, as appears from the question above, are not committed solely due to the gender or age of the victim. The NPA is manually though recording data on both femicide as well as intimate femicide cases. Regarding crimes against women the NPA can supply the data on convictions and acquittals pertaining to femicide and intimate partner femicide only.

During the financial year 2021/22 (April to August 2022) the following was recorded:

a) There was a total of three hundred and ninety-six (396) successful convictions relating to femicide counts and three hundred and sixteen (316) convictions relating to intimate partner femicide counts.

b) There were twenty-four (24) acquittals relating to femicide counts and twenty-one (21) acquittals pertaining to intimate partner femicide counts. The reasons for the acquittals were not recorded and it cannot be confirmed that it was “as a result of poor or incomplete investigations by the South African Police Service”.

c) The information regarding cases withdrawn by the victim and /or victim’s family is not recorded by the NPA and cannot be supplied.

d) The number of cases awaiting trial can also not be supplied as it is not recorded.

e) The number of cases awaiting sentencing is not available as it is not recorded.

F) The NPA is unable to supply information pertaining to cases still under investigation in each province for:

1. Murder;
2. Attempted murder;
3. Assault with the intent to inflict grievous bodily harm; and
4. Common assault as it is not recorded.

Reply:

The National Prosecuting Authority (NPA) prioritises all GBVF matters, more especially where the victims are women and children. The Sexual Offences and Community Affairs (SOCA) Unit within the NPA is tasked with, inter alia, ensuring increased access to justice for victims of GBV as well as optimal management of these matters in a victim-centric manner. This is done by providing pretrial services at its sixty-one (61) Thuthuzela Care Centres across the country. These one-stop centres provide essential psycho-social, medical and legal services, thus creating a safe space for the GBV victim and empowering them to transform into survivors. Whilst prosecutors in court are prioritising these matters, record is not kept of all crimes committed against women and children since not all crime is committed solely due to the gender or age of the victim.

During the financial year 2021/22 (April to August 2022) the following was not recorded in respect of crimes against children:

a) The total of successful convictions.

b) The total number of dismissals or acquittals. The reasons for the acquittals were not recorded and it cannot be confirmed that it was “as a result of poor or incomplete investigations by the South African Police Service (SAPS)”.

c) The information regarding cases withdrawn by the victim and /or victim’s family.

d) The number of cases awaiting trial.

e) The number of cases awaiting sentencing.

f) The NPA is unable to supply information pertaining to cases still under investigation in each province for:

1. Murder;
2. Attempted murder;
3. Assault with the intent to inflict grievous bodily harm; and
4. Common assault as it is not recorded by the NPA but the SAPS.

Reply:

a) I have been informed that court services relating to maintenance, estates, small claims, cash hall where payment processes are done, clerk of the civil courts and the courtrooms for three (3) District Courts and two (2) Regional Courts, were affected.

b) Criminal matters, Family Law matters, and Civil matters were affected as Court cases were postponed where necessary in the first two weeks thereafter alternative accommodation was arranged for court sittings and services to be further rendered to the public.

c) The impact is that litigants now have to travel to alternative accommodation to receive their services and that is mainly for the court sittings that are now temporarily sitting at the alternative accommodation.

d) A contingency plan was compiled together with all the stakeholders at the magistrates’ court as follows:

(i) Potchefstroom Magistrate engaged JB Marks Municipality to assist in identifying alternative accommodation. The Municipality made the Town Hall and the Traffic Court available for use by the Department.

(ii) The District Courts B and E were accommodated at the Town Hall for all cases where the accused persons are out on bail or warning.

(iii) The Regional Court is accommodated at the Traffic Court for all cases where the accused persons are on bail or warning.

(iv) All Regional Court matters, where the accused persons are in custody including sexual offences related matters, are heard at the Regional Court.

(v) All the cases, whereby the accused persons are in custody including first appearance matters and bail applications, are dealt with at the only available court room, Regional Court 3.

(vi) The Children’s Court matters are dealt with at the boardroom of the Head of Court.

(vii) The rest of the Family Court matters (Domestic Violence and Protection from Harassment) including District Civil Court matters are dealt with at the dedicated Children’s Court.

(viii) The quasi-judicial functions (Small claims, Maintenance applications, Clerk of the Civil Court, Cash Hall, Offices for the Magistrates Regional and District and Public Prosecutors) are accommodated at the additional office space made available on the 1st floor.

(ix) Transport is made available to transport members of public, accused persons on bail/warning and witness to the respective alternative accommodation.

(x) To ensure effective implementation of the contingency plan, 08:00 morning meetings are held with all the JCPS stakeholders to discuss the circumstances prevailing on a daily basis.

e) Yes, the collapsed roof has resulted in an increase in court backlog. The NPA as well as the magistrates are prioritizing the matters on a weekly basis, in the alternative accommodation.

 

Reply:

(a) The Department has not conducted any research regarding the visa free countries, therefore no results are available.

(b)(i-iii) There were no plans to conduct research in this area as most of the visa agreements were already concluded since 1992.

(c)(i–ii) The list of visa free countries is attached as Annexure A. RSA does not issue visas on arrival.

(c) Agreements are concluded on reciprocity principles based on bilateral agreements. These agreements are concluded as and when agreed upon

END

Reply:

The requested information is outlined in the attachment. It should be noted that none of these were direct payments and transfers to the Department of Basic Education (DBE). Each of the contributing partners managed their own financial contributions towards the corresponding projects.  

Reply:

(1) and (2) Please refer to the attached spreadsheet. 

(3) We have observed that drop-out rates have been declining over the years in the schooling system. While there has been no specific research on the link between the progression policy and changes in drop-out rates, the implementation of the progression policy is likely to be a contributing factor to the decline. Measurement and monitoring of attendance, absence and dropping out at school level of the school are done using SA-SAMs tools. School personnel then use this information to follow up and monitor individual learner to comply with policy and legislation on basic education participation.  

Reply:

The Social Inclusion in Education Working Group is a South African based group of like-minded civil society organisations and interest groups working in the space of social inclusion and diversity management. It is convened by the DBE on a voluntary association basis. It is an unfunded working group. Each of the members contributes resources for their own participation in the group towards the common purpose of the working group.

Reply:

1. No, I do not the powers to nor the intention to establish a commission of enquiry, and the South African Institute for Drug-Free Sport (SAIDS) agrees with me, not to establish it. SAIDS are collaborating with the South African Chapter of the International Society of Substance Abuse Professionals (ISSUP) to adapt its educational materials to provide detailed information pertaining to addiction and illicit drugs as part of the SAIDS Education Programme. No areas requiring policy change have been identified.

Reply:

1. The application for Annual Grant funding submitted by the South African Sport Association for the Intellectually Impaired (SASA-II) includes a request for funding to cover outstanding affiliation fees owed to the VIRTUS (World Intellectual Impairment Sport) which is R15,000 and Sport Union Down Syndrome, which is R22,175. An indication is that these fees are for the period 2018 to date. SASA-II is affiliated with both VIRTUS and Sport Union Down Syndrome. Based on this it can therefore be deduced that affiliation fees to these International Organizations are not paid to date by SASA-II.

(a). The indication from SASA-II is that the organization is suspended by both International Organizations, therefore, making it impossible for them to renew their membership.

(b). SASA-II is engaging the relevant international bodies to address their suspension in order to be able to pay the affiliation fees. The Department would make available to SASA-II the affiliation fees amounting to R37,175. This is dependent on SASA-II meeting all compliance requirements.

(c). The date by which payment will be made cannot be determined because it is dependent on the lifting of SASA-II suspension status by international organizations.

Reply:

1.  The Musina and Makhado Local Municipalities (LM) fall within the jurisdiction of Vhembe District Municipality (VDM). The VDM is the Water Service Authority (WSA) and Water Service Provider (WSP) to the two local municipalities. A total of three (3) complaints were received regarding (i) two (2) sewer spillages from manholes in the Makhado and Musina and; (ii) uncontrolled discharge of effluent from the Harper wastewater treatment works (WWTW) which is disturbing the construction of a nearby road. Both incidents from the manholes have since been resolved.

The 2022 Green Drop Report raised concerns regarding the overall poor state of wastewater services at Biaba, Waterval, Hlanganani, Makhado, Malamulele, Mhinga, Musina, Mutale, Nancefield, Rietvlei, Tshifulanani, Vleifontein and Vuwani systems and the consequential impact on respective water resources. A letter of non-compliance has been issued for the Water Services Authority to submit a detailed corrective action plan within 60 days of publishing the Green Drop Report. The plan must map the activities, responsible persons, timelines, and expected improvements as outlined in the Regulations. To date, no report has been received to date and the Department is engaging the WSA together with MISA and SALGA as indicated below.

In addition, the Department of Water and Sanitation (DWS) conducted compliance monitoring Inspections at Musina WWTW Nancefield (08 March 2022) and Rietvlei WWTW (07 March 2022) to check compliance against the conditions of issued water use licences for these WWTWs. An investigation was also conducted on the 18 August 2022 at the Campbell sewage package plant an to ensure compliance of National Water Act.

• The DWS has issued directives to VDM for non-compliance of the following wastewater systems that are under Musina and Makhado LMs:Musina WWTW and Nancefield WWTW - issued on the 25 March 2022
• Harper WWTW and Makhado WWTW - issued on the 06 September 2021
• Campbell sewage package plant - issued on the10 August 2022In response to the directives issued by the DWS, the Vhembe District Municipality has developed the corrective action plans to address challenges with the WWTWs. Actions to be taken by the VDM include:refurbishment of the WWTW systems
• Improvement operation and maintenance of the existing infrastructure

Furthermore, the DWS has approved business plans to fund the refurbishment projects through the Water Service Infrastructure Grant (WSIG) within the current financial year. The department is monitoring the implementation of the projects which are still at initiation stage and expected to be completed by end of municipal financial year 2022/23.

(2) Ephraim Mogale Local Municipality falls within the jurisdiction of Sekhukhune District Municipality (SDM) which assume responsibility of water and sanitation services as the WSA and WSP. Four complaints were received from Ephraim Mogale Local Municipality regarding pollution emanating from Wastewater Treatment Works (WWTW). Administrative actions were taken against Sekhukhune District Municipality as a Water Service Authority for Ephraim Mogale Local Municipality.

• Moganyaka Oxidation Ponds for which the DWSissued notice of intention to issue a directive dated 29 October 2021;– a follow up inspection was conducted on 15 June 2022 by the department who found that the issues identified in the notice had not been addressed. A directive is being prepared.

• Dennilton WWTW for which the DWS issued notice of intention to issue a directive dated 31 July 2019; the department conducted a follow up inspection on 08 June 2022 to ascertain compliance with the provisions of the NWA. The municipality was further non-compliant with the directive in terms of Sections 19(3) and 53(1) of the National Water Act, 1998 which is an offence in terms of Section 151(1)(d) of the NWA. The case has been referred for an interdict against Sekhukhune District Municipality to ensure compliance with the directive for the Dennilton WWTW. Therefore, the Department has opened a criminal case for offences outlined in Section 151(1)(d), (i) and (j)) of the NWA. The criminal case will be opened against the Sekhukhune DM.

 

• Nebo Oxidation Ponds in relation to a directive dated 04 May 2021; - DWS officials conducted a follow up inspection was conducted on 13 August 2020 and 05 November 2021 to ascertain compliance with a directive issued by the DWS. Most of the non-compliances had been rectified and the ponds were empty. The municipality indicated that the Oxidation Ponds will be utilized soon. The department officials recommended that the facility should be monitored continuously to ensure compliance with the directive issued to Greater Sekhukhune Municipality.

• Ephraim Mogale WWTW in relation to a notice of intention to issue a directive dated 29 December 2021; DWS officials conducted a follow up inspection on 15 June 2022 to ascertain compliance with the provisions of NWA. A directive will be issued.

• The 2022 Green Drop Report indicates that Marble Hall Wastewater system declined from a 62.3% score in 2013 to a 52% score in 2022. The inspectorate observed a lack of co-ordination amongst Lepelle Water (which is responsible for the Operation and Maintenance of four (4) WWTWs including Burgersfort, Groblersdal, Marble Hall, Steelpoort) and the WSA, which was noticeable during assessments. Plants operated by Lepelle Water achieved Green Drop scores of between 46% and 58% indicating a decline from 2013 Green Drop scores.

There were no compensation claims submitted to Vhembe DM regarding loss and/or health issues however the department availed funds to Vhembe DM through the Water Services Infrastructure Grant (WSIG) to refurbish and improve operations and maintenance of the wastewater systems.

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Reply:

1.  According to City of Johannesburg (COJ), two of Rand Water’s purification plants, namely, Zuikerbosh and Vereeniging as well as two major pumps stations (Palmiet and Eikenhof) supplying large parts of the city were affected by power failures. The municipality’s entity, Joburg Water, reported that Eikenhof system was not being operated to full capacity to boost the Palmiet system which was at a critical level. This has resulted in portions of the Eikenhof system, which supplies Crosby, Brixton, Hurst Hill, Crown Gardens and Eagles Nest systems to collapse completely on 4 October 2022.

During engagements with Rand Water, it was agreed that the Eikenhof system should be operated at full capacity and to no longer sustain the Palmiet system. This resulted in flows to Crosby, Brixton and Hurst Hill reservoirs being improved.

2. Yes, the Treaty between South Africa and Lesotho remains in force. The project generates hydroelectricity for the benefit of Lesotho citizens, while water is transferred to meet the water needs of South Africans. This water meets 60% of Gauteng’s water demand.

a) Rand Water’s operating philosophy is to maintain the reservoir levels between 60- 80%. This targeted range is intended to enable the network system to be resilient and respond to any challenges. Historically, during September to January, water consumption increases exponentially in Gauteng. It was with this understanding that wrote to the high consumers; City of Tshwane, City of Johannesburg, and City of Ekurhuleni; to encourage and plead for reduced consumption in anticipation of the increased demand for water. Despite these efforts, water consumption continued to increase significantly.

Rand Water’s overall water storage declined from 52% to 38%. Stemming from this decline, a meeting was convened with the Metros to notify them of the intention to apply Stage 1 restrictions. Despite these efforts, water storage levels continued to decline and that prompted Rand Water to apply Stage 2 restrictions. The anticipated heatwave informed the decision to escalate from Stage 1 to 2 (. The restrictions are necessary to stabilize the system and avoid total collapse of the systems.

b) It must be noted that Rand Water’s water treatment plants and booster sites are exempt from loadshedding. However, there are two (2) tertiary booster sites in the network that are subjected to loadshedding where diesel generators are used to manage the impact of loadshedding.

The approach for implementing restrictions involves communication on implementation of restrictions to all municipalities that are supplied by Rand Water and to implement restrictions to the three Metros which utilise approximately 80% of Rand Water’s supply, as well as:

• • Identifying major meters under each municipality that will be restricted (53 meters under Johannesburg, 57 under Ekurhuleni and 28 under Tshwane).
  • These meters are monitored over a period of two weeks to assess and review progress to achieve the desired results. As for the current stages two (30%) water supply restrictions that has been implemented effective from 04 October 2022, will be reviewed
  • If the performance of Rand Water’s supply has not improved after two weeks, the review of the implemented water supply restrictions will dictate if other municipalities will be included
• If the performance of Rand Water’s supply does improve after two weeks, the review of the implemented water supply restrictions will dictate reduction to stage one (10%) or removal of restrictions.

These restrictions are aimed at restoring the overall reservoir storage capacity to approximately 60%. Rand Water has formally consulted with the affected municipalities to inform them of its intention to implement the restrictions. The situation is reviewed on an hourly basis and where improvements are made, Rand Water lifts the restrictions to provide reprieve. Rand Water’s consultation with the customers is designed to ensure that no areas are left without water for a prolonged period.

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Reply:

The Department aims to publish compulsory National Water and Sanitation norms and standards for public consultation drafted under Section 9 of the Water Services Act, No 108 of 1997. In the draft norms and standards, there is a provision for grey water management. It is therefore critical for the public and various stakeholders to provide comments once the regulations are published to shape these regulations to provide necessary guidance on how water and sanitation can be managed and provided efficiently.

Mitigation measures can be addressed by various water services authorities (WSAs) as prescribed in the Municipal Systems Act, Act 32 of 2000 under section 76 which prescribes mechanisms for provision of services. This section empowers the WSAs to provide these services based on the situation in a particular municipality on how water and sanitation services can be provided, and these includes grey water management, water reclamation, decentralised systems such as septic tanks among others.

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Reply:

The development of the Draft Guidelines for the Socio-educational Inclusion of Diverse Sexual Orientations, Gender Identities, Expression, and Sex Characteristics was funded by the United Nations Educational, Scientific and Cultural Organisation (UNESCO) in 2021/22 and the total cost was up to $15000 (approximate R270 000).

Reply:

The Department of Water and Sanitation completed a feasibility study in 2013 for a long-term solution for Acid Mine Drainage (AMD) in the Witwatersrand as per recommendation of the 2011 Inter-Ministerial Committee (IMC) report. The long-term solution that was recommended involved further treatment of the partially treated water currently produced in the AMD treatment plants through desalination for beneficial socio-economic uses. The department commenced with preparations towards implementation of the long-term solution in 2017, but this was later put on hold due to budget constraints.

The department recognises that a significant amount of time has passed from when the feasibility study was first finalised, and for this reason is currently completing other studies to ensure the relevance of the recommendations made in 2013. This work will culminate in a revised long-term solution to be considered for implementation.

Although financial constraints remain a major challenge, the Department is also in the process to re-establish the Technology Demonstration Programme (TDP) which was also put on hold with the long-term solution in 2017. The programme is being undertaken in partnership with other stakeholders such as Water Research Commission and Department of Science and Technology and is exploring alternative technologies which can provide solutions for the AMD problem in the long-term. The TDP will be integrated with the work done by the Development Bank of South Africa through the National Water Programme.

This process will take time as proper technology selection is imperative in ensuring the most cost-effective, technologically sound, and environmentally friendly solution is implemented.

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Reply:

1(a) Panel Members appointed at the NAC were selected in accordance with the NAC Act. Advisory Panel Members have either achieved distinction and/or have special knowledge and/or experience in the field of the arts discipline required by the NAC.

(b) This was indeed the case

(c) Yes, due processes were followed in line with the National Arts Council act.

(i). There is only one list of approved beneficiaries at the NAC. The NAC list of approved funded beneficiaries has been published on the NAC’s website for transparency. Council approved 619 projects for approval, and this brings a total of 39 135 proposed jobs.

(ii). There is no list with changes.

(2). No member of Council has been found guilty of interfering with any process at the NAC in relation to the PESP 3.

(3). No action will be taken against any Council members.

Reply:

Measure to deal with consequence management on cases of Irregular Expenditure

1. The Department has implemented consequence management through the Labour Relations. On some of the cases investigation was completed for officials in the Department, progressive disciplinary process was taken where final written warning and cautionary letters were issued. Other cases of disciplinary processes are still in progress
2. For the irregular expenditure that affected the Implementing Agents the letters were issued to the CEOs of each Implementing Agent to provide response on consequence management taken and corrective action to improve the control environment especially within the Supply Chain Management. The progress reported so far is that the DBSA has received approval for condonation of R800 million on irregular expenditure incurred because of non- compliance with local content requirement.

Measure taken to deal with consequence management for fruitless and wasteful expenditure

1. On consequence management of other cases; the disciplinary process within the Department is still in progress.
2. The Adopt – a -school project , the process of recovery was followed as handled by the Legal Services and subsequently the arbitration process was taken, and final recommendation was obtained from senior counsel to write off the debt.
3. The case on Kha Ri Gude, there was internal investigation in 2017/18 financial year, and the case was referred to the HAWKS, as it is still under investigation. There were some recoveries of some monies on stipend as payments were stopped.
4. A case, for Department of Roads and Public Works (DRPW) – EC; it was investigated and referred to the HAWKS for further criminal prosecution.
5. Other cases are still under investigation.

Reply:

(1)  The residents of Ogunjini in Ward 59 of eThekwini Metro have been receiving water supply from a 1Ml/day Ogunjini water treatment works. A project implemented by the eThekwini Metro to upgrade the treatment plant to 2Ml/day is planned for completion by September 2023.

Eight 16 000 litre water tankers with a minimum of two loads per day, have been permanently deployed to the area by the eThekwini Metro. It is expected that this current deployment plan will remain in force until the completion of the treatment works upgrade.

(2) a) The current average cost per tanker to supply the community with water is estimated at R4 000 per day.

b) The cost to sink a borehole is estimated at R331,000 per borehole at varying capacity outputs to be determined upon testing.

(3) The municipality is currently implementing an emergency borehole rehabilitation and installation programme while a full roll-out of the programme is at tender stage. The Ogunjini areas have also been considered for this programme.

(4) The Department of Water and Sanitation will continue to monitor the water services supplied to the area by the Ethekwini Metro and provide support if required.

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Reply:

The Bela-Bela Local Municipality has been experiencing water supply disruptions owing to the impact of load shedding by ESKOM. The water purification plant is dependent on electricity to pump water from the source to the treatment plant and from the reservoirs to the network reticulation system.

Ageing infrastructure creates also exacerbates the problem of water shortages due to regular pipe bursts which contributes to water losses and shortages in the area.

The municipality is currently implementing water restrictions as and when necessary, because of high-water demand. Availability of water depends on the reservoir levels to avoid a situation where the taps would run dry.

The Bela-Bela Local Municipality has indicated that steps are taken to notify the community timeously about water supply interruptions.

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Reply:

The question asked falls within the purview of Gauteng Department of Education, the Hon Member is advised to refer the question to the respective province.

Reply:

1. According to the SA Institute for Drug-Free Sport (SAIDS) has been and is still fully compliant with the World Anti-Doping Code and the applicable international standards.

Reply:

1.  The Department of Water and Sanitation (DWS) carries out a number of assessments into the state of water and sanitation infrastructure in the municipalities. These assessments enable the DWS to monitor the condition of municipal water and sanitation infrastructure through three incentive-based regulatory mechanisms:

• The Green Drop Report, which focuses on sanitation (waste-water treatment systems and effluent quality)
• The Blue Drop Report, which focuses on water (water treatment and water quality)
• The No Drop Report, which focuses on non-revenue water and water losses through leakages

Findings of the 2022 Green Drop report 2022 indicated that 334 Wastewater Treatment Systems have been identified to be at critical state by achieving less than 30% during Green Drop Assessment. Letters of non-compliance in terms of green drop report audit findings have been sent to respective water services institutions responsible for the systems at critical state, requiring them to submit a detailed corrective action plans. To date, eighteen (18) municipalities responsible for 81 wastewater treatment systems have submitted action plans. The Department has also collaborated with SALGA and MISA to assist municipalities on the development of action plans.

In line with the National Water Resource Strategy and National Water and Sanitation Masterplan, the Department has also revived the No Drop Programme to facilitate the reduction of Non-Revenue Water and Actual Water Losses. Findings of the No Drop progress report will be published in March 2023. The department is also currently in the process of undertaking blue drop assessments in 1186 water supply systems. The final Detailed Blue Drop Report is targeted for release in March 2023.

The DWS also monitors the capacity of municipalities to deliver water and sanitation through the Municipal Strategic Self-Assessment (MuSSA); a web-based system that enables municipalities to conduct their self-assessment on critical aspects service delivery performance. The outcomes of the assessment position the Department and other sector role players to provide targeted support to local government through various support and intervention programmes aimed at improving services delivery, governance and business health. Priority areas are identified and addressed through the development of a Municipal Priority Action Plan (MPAP).

Lastly, Five-Year Reliability Water and Sanitation Plans will soon be rolled out in all forty-four (44) District Municipalities. The plans are meant to:

• Ensure sustainable and reliable water services with the service-standard yardstick that has a 100% compliance to functionality, water security and effective governance to maintain appropriate levels of service delivery
• Conduct primary situational assessments of the water services and infrastructure supply conditions and classify each situation into a reliability category. The solution options are then integrated to proposed projects, specifically integrating all funding programmes to alleviate new infrastructure needs and achieve reliability of water services.

2. According to Division of Revenue Act and grants frameworks, the Regional Bulk Infrastructure and Water Services Infrastructure Grants; managed by the DWS; do not fund any works related to operation and maintenance.

The department is looking at the current conditions of certain infrastructure and approached National Treasury to repurpose some portion of Regional Bulk Infrastructure and Water Services Infrastructure Grants to assist in the operation and maintenance of infrastructure.

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Reply:

1.  The Department of Water and Sanitation (DWS) carries out a number of assessments into the state of water and sanitation infrastructure in the municipalities. These assessments enable the DWS to monitor the condition of municipal water and sanitation infrastructure through three incentive-based regulatory mechanisms:

• The Green Drop Report, which focuses on sanitation (waste-water treatment systems and effluent quality)
• The Blue Drop Report, which focuses on water (water treatment and water quality)
• The No Drop Report, which focuses on non-revenue water and water losses through leakages

Findings of the 2022 Green Drop report 2022 indicated that 334 Wastewater Treatment Systems have been identified to be at critical state by achieving less than 30% during Green Drop Assessment. Letters of non-compliance in terms of green drop report audit findings have been sent to respective water services institutions responsible for the systems at critical state, requiring them to submit a detailed corrective action plans. To date, eighteen (18) municipalities responsible for 81 wastewater treatment systems have submitted action plans. The Department has also collaborated with SALGA and MISA to assist municipalities on the development of action plans.

In line with the National Water Resource Strategy and National Water and Sanitation Masterplan, the Department has also revived the No Drop Programme to facilitate the reduction of Non-Revenue Water and Actual Water Losses. Findings of the No Drop progress report will be published in March 2023. The department is also currently in the process of undertaking blue drop assessments in 1186 water supply systems. The final Detailed Blue Drop Report is targeted for release in March 2023.

The DWS also monitors the capacity of municipalities to deliver water and sanitation through the Municipal Strategic Self-Assessment (MuSSA); a web-based system that enables municipalities to conduct their self-assessment on critical aspects service delivery performance. The outcomes of the assessment position the Department and other sector role players to provide targeted support to local government through various support and intervention programmes aimed at improving services delivery, governance and business health. Priority areas are identified and addressed through the development of a Municipal Priority Action Plan (MPAP).

Lastly, Five-Year Reliability Water and Sanitation Plans will soon be rolled out in all forty-four (44) District Municipalities. The plans are meant to:

• Ensure sustainable and reliable water services with the service-standard yardstick that has a 100% compliance to functionality, water security and effective governance to maintain appropriate levels of service delivery
• Conduct primary situational assessments of the water services and infrastructure supply conditions and classify each situation into a reliability category. The solution options are then integrated to proposed projects, specifically integrating all funding programmes to alleviate new infrastructure needs and achieve reliability of water services.

2. According to Division of Revenue Act and grants frameworks, the Regional Bulk Infrastructure and Water Services Infrastructure Grants; managed by the DWS; do not fund any works related to operation and maintenance.

The department is looking at the current conditions of certain infrastructure and approached National Treasury to repurpose some portion of Regional Bulk Infrastructure and Water Services Infrastructure Grants to assist in the operation and maintenance of infrastructure.

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Reply:

The question can best responded to by the KwaZulu-Natal and Eastern Cape Departments of Education. The Hon member is therefore advised to refer the question to the respective provinces.  

Reply:

(1). The Department funds music festivals in three different categories; National Flagships, Provincial Flagships, and the Cultural Events Open Call. These music festivals would vary from large scale, medium and smaller entry-level projects.

Music festivals are funded based on alignment into government mandate like job creation, enhancement of social equity and economic growth in areas where these projects are taking place. These projects would be implemented in line with the memorandum of agreements (MAOs) signed and the reporting should reflect the deliverables as agreed. The Department would also monitor that all procurement processes have been followed in the subcontracting processes that happens in this festival to ensure local economic empowerment and beneficiation of the SMMEs.

Reply:

1.  There have been no reports to the Department of Water and Sanitation that there are currently any decants elsewhere. There are also no decants at the Eastern Basin plant where the TCTA is abstracting and pumping from.

The water level in the void is monitored daily and was 43.06 metres below ground level as of 17 October 2022. The DWS has scheduled a site visit on 25 October 2022 to Gravelotte Mines to assess the situation

It should be noted that each mine is responsible for pumping and treating water within its own mining area and ensuring the safety of its personnel and the environment it holds a mining right for.

2. Mine impacted water / acid mine drainage water in the void is tested daily when the plant is operating, and groundwater tests are conducted quarterly through the use of boreholes. Due to the plant being offline, the frequency of ground water testing has been increased from quarterly to monthly.

Depending on the results, the frequency may be increased to ensure the DWS and TCTA monitors possible ground water contamination closely. As the Eastern Basin AMD Treatment plant is offline, no water is currently being treated.

3. Ingress control measures are the mandate of DMRE and as such, DMRE would be in a better position to provide more clarity regarding the projects it is currently working on to reduce the total amount of water flowing into the Witwatersrand voids.

4. (a) The information is made available to the various forums on a regular basis and the Department and TCTA further responds to all stakeholder queries as and when needed.

(b)TCTA in partnership with Gold-One has procured 3 new motors in July 2022 and the factory acceptance tests for the new motors were conducted successfully on 29 September 2022 in China. The motors will be shipped to RSA on 21 October 2022.

A service provider is busy servicing the pump and will also make the modifications to the pump to be compatible with the new motor from China. It is expected that the plant will be operational early December 2022.

(c) The level at the Eastern Basin AMD Treatment plant was 43.06 metres below surface as of 17 October 2022.

(d) The cost of operations and maintenance in the Eastern Basin for the financial year 2021-2022 was R72 million while the cost of repairing the motors to date is R15.5 million.

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Reply:

We are still following up on these matters, we will come back to the Member once the information is verified.

Reply:

a)  It is responsibility of municipalities working together with Department Transport to construct roads; and

b)  It is responsibility of municipalities working together with Department Water and Sanitation to provide water to communities.

It is recommended that this question be transferred to the relevant Ministries of the above-mentioned departments for written reply.

Reply:

A national integrated plan identifying hazardous routes in each province has been developed. Law enforcement operations will be held along these routes by provincial and municipal traffic departments.

Mobile vehicle testing equipment will also be deployed along the routes to tests the roadworthiness of the trucks.

Block patrols will also be intensified to ensure that drivers conduct themselves appropriately and drive with due consideration for other road users.

The National Traffic Police will be deployed to assist provinces in areas where there is insufficient capacity.

Section 50 of the National Traffic Act, which empowers MECs to deal with repeat offenders, will be invoked to enable MECs to initiate investigations against operators and to obtain information about vehicle and driver fitness.

Regulations to strengthen the current rules relating to the operation of trucks on a public road, the construction and equipment of such vehicle and the conditions on which it may be operated are being considered.

Department of Transport is working closely with Department of Public Enterprises to move cargo from road to rail.

Sanral will implement engineering solution, where required, to provide median barrier to prevent vehicle from overtaking onto oncoming traffic.

Monitoring mechanisms have been put in place and reports will be analysed regularly to ensure that these interventions have the desired impact.

Reply:

a) The total number of public servants who were dismissed from employment:

(i) (aa) 2019-20 2525

(bb) 2020-21 2295

(cc) 2021-22 3002

(ii) Reason for dismissal:

Reason for dismissal	2019-2020	2020-2021	2021-2022
Alcohol/Narcotic abuse	1	0	0
Criminal offence	0	0	3
Desertion	332	280	354
Dishonourable discharge	288	221	208
Falsifying documents	0	1	3
Insubordination	2	0	0
Misconduct not indicated	1,896	1,786	2,424
Perjury	0	1	1
Poor work performance	2	0	0
Professionally unqualified	0	1	0
Unsatisfactory attendance	4	5	9
Data source: PERSAL

b) Breakdown of the specified number of suspended public servants:

(i) National Departments:

Name of Departments	SMS Member (Level)	Number of Precautionary suspensions cases received	Number of Precautionary suspensions cases finalised
Agriculture, Land reform and Rural Development	14	1	0
Basic Education	0	0	0
Civilian Secretariat for Police	0	0	0
Communications and Digital Technologies	0	0	0
Cooperative Governance	14	1	0
	14	1	0
	13	1	0
	14	1	0
Correctional Services	15	1	0
	13	1	0
	15	1	0
Defence	0	1	0
Employment Law	0	0	0
Forestry, Fisheries and the Environmental Affairs	0	0	0
Government Communications & Information Systems	0	0	0
Government Pensions Administration Agency	0	0	0
Government Printing Works	0	1	0
Health	0	3	0
Higher Education and Training, Science & Innovation	0	12	0
Home Affairs	15	1	0
	14	1	0
	13	1	0
	13	1
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
Human Settlement	0	0	0
Independent police Investigative Directorate	13	6	0
International Relations and Cooperation	0	1	0
Justice and Constitutional Development	0	1	0
	0	1	0
	0	1	0
Military Veterans	14	4	0
Mineral Resources and Energy	0	0	0
National School of Government	0	0	0
National Treasury	0	0	0
National Prosecuting Authority	14	1	0
		1	0
		1	0
Office of Chief Justice	0	1	0
	0	1	0
Planning , Monitoring and Evaluation	0	0	0
Public Enterprises	16	1	0
Public Service and Administration	15	1	0
Public Service Commission	0	0	0
Public Works and Infrastructure	16	1	0
	0	1	0
Science and Innovation	0	1	0
Small Business Development	0	0	0
Social Development	0	0	0
South African Police Service	0	0	0
Sports, Arts and Culture	0	0	0
Statistics South Africa	0	0	0
Tourism	0	0	0
Trade and Industry and Competition	0	0	0
Traditional Affairs	0	0	0
Transport	0	0	0
Water and Sanitation	0	3	0
Women , Youth and Persons with Disabilities	0	0	0
The Presidency	13	1	0
TOTAL	19	79	0

(ii) Provincial Departments:

Provinces	Provincial Departments	Number of Precautionary suspensions received	SMS
Eastern Cape	Cooperative Governance and Traditional Affairs	0	0
	Community Safety	1	0
	Economic Development, Environmental Affairs and Tourism	0	0
	Education	0	0
	Health	0	0
	Human Settlements	0	0
	Office of the Premier	0	0
	Provincial Treasury	0	0
	Roads and Public Works and Infrastructure	0	0
	Rural Development and Agrarian Reform	0	0
	Safety and Liaison	0	0
	Social Development	0	0
	Sport, Recreation, Arts and Culture	0	0
	Transport	0	0
	Total	1	0
Free State	Agriculture and Rural Development	3	0
	Cooperative Governance and Traditional Affairs	0	0
	DESTEA	1	1
	Education	1	0
	Health	7	0
	Human Settlements	2	1
	Office of the Premier	0	0
	Police, Roads and Transport	0	0
	Provincial Treasury	1	0
	Public Works & Infrastructure	2	0
	Social Development	1	1
	Sport, Arts, Culture and Recreation	0	0
	Total	18	3
Gauteng	Agriculture and Rural Development	0	0
	Education	4	0
	Cooperative Governance and Traditional Affairs	0	0
	Community Safety	3	0
	Economic Development	7	3
	E-Government	0	0
	Health	No report	No report
	Human Settlements	No report	No report
	Infrastructure Development	9	3
	Office of the Premier	0	0
	Provincial Treasury	0	0
	Roads and Transport	No report	No report
	Social Development	0	0
	Sports, Arts , Culture and Recreation	No report	No report
	TOTAL	23	6
Kwazulu-Natal	Agriculture and Rural Development	6	1
	Arts and Culture	0	0
	Community Safety	0	0
	Co-operative Governance and Traditional Affairs	3	1
	Economic Development, Tourism and Environmental Affairs	2	2
	Education	28	3
	Health	22	1
	Human Settlements		0
	Office of the Premier	4	2
	Social Development	7	5
	Sport and Recreation	0	0
	Provincial Treasury	0	0
	Public Works	1	1
	Transport	2	2
	Total	75	18
Limpopo	Agriculture and Rural Development	0	0
	COGHSTA	0	0
	Education	0	0
	Health	9	0
	Limpopo Depart. of Economic Development, Environment and Tourism	0	0
	Office of the Premier	0	0
	Provincial Treasury	0	0
	Public Works, Roads and Infrastructure	0	0
	Social Development	0	0
	Sports, Arts and Culture	0	0
	Transport and Community Safety.	0	0
	Total	9	0
Mpumalanga	Agriculture, Rural Development, Land and Environment Affairs	0	0
	Community Safety, Security and Liaison	4	0
	Co-operative Governance and Traditional Affairs	1	0
	Culture, Sports and recreation	0	0
	Economic Development and Tourism	0	0
	Education	5	0
	Health	14	0
	Human Settlements	0	0
	Office of the Premier	2	0
	Provincial Treasury	0	0
	Transport, Safety and Liaison	0	0
	Public Works, Roads and Transport	0	0
	Social Development	0	0
	Total	26	0
Northern Cape	Agriculture, Environmental Affairs, Rural Development and Land Reform	No report	No report
	Cooperative Governance, Human Settlements and Traditional Affairs	0	0
	Economic Development and Tourism	0	0
	Education	12	0
	Office of the Premier	0	0
	Provincial Treasury	0	0
	Roads and Public Works	4
	Sports and Arts and Culture	0	0
	Social Development	2	0
	Health	10	0
	Transport, Safety and Liaison	0	0
	Total	28	0
North West	Agriculture & Rural development	2	2
	Arts , Culture Sports and Recreation	No report	No report
	Corporative Governance & Traditional Affairs	0	0
	Community Safety and Transport Management	0	0
	Economic Development , Environment, Conservation & Tourism	1	0
	Education	No report	No report
	Health	12	2
	Human Settlements (New department)	0	0
	Office of the Premier	2	0
	Provincial Treasury	0	0
	Public Works and Roads	1	0
	Social Development	No report	No report
	Total	18	4
Western Cape	Agriculture	0	0
	Community Safety	5	4
	Cultural Affairs and Sport	0	0
	Economic Development and Tourism	0	0
	Education	7	3
	Environmental and Development Planning	0	0
	Health	11	0
	Human Settlements	0	0
	Local Government	0	0
	Provincial Treasury	0	0
	Social Development	2	0
	The Premier	3	0
	Transport and Public Works	0	0
	TOTAL	28	7
	Grand Total	226	38

c) Number of SMS on precautionary suspension: 57

NOTE: The information used for this response was obtained from the FOSAD reports sent to the DPSA as at 30 June 2022.

End

Reply:

According to information received from Alexkor

1. The person resigned for personal reasons.

(2)(a) The information at my disposal is that the person (Company Secretary) accompanied the Board and the CPA representatives on a sales and marketing business trip to India (via Dubai). The purported objective of the trip was to meet with the leading diamond cutting and polishing companies in Surat and lobby them to set up diamond cutting and polishing units in the Northern Cape, as well as to meet with jewelers in Jaipur and lobby them to set up operations in South African and especially in the Northern Cape.

(b) The names of the community members who were on the trip are:

• Mr Willem Vries (Sanddrif, Richtersveld);
• Mr Dennis Farmer (Eksteenfontein, Richtersveld);
• Mr Brian Koopman (Lekkersing, Richtersveld); and
• Mr Ryno Thomas (Kuboes, Richtersveld).

(c) The trip was approved by the former Minister of Public Enterprises and was paid for by the Alexkor RMC Joint Venture.

 

Reply:

a) The total funding requirement is R5.2billion, Denel will be raising R1.8billion from disposal of non-core assets with over R900million already received in August 2022. Below is a breakdown of items the funds will be used for: 

1. Funding to stabilise business (R977million)
2. Funding for Growth and Sustainability (R900million)
3. Current and Legacy obligations (R3326million)

b) The Department has applied and supported Denel’s funding request through the 2022 MTBPS and 2023 MTEF process. With regards to proceeds from non-core disposals, the Department is in constant communication with Denel on the progress made in order to fast-track the necessary PFMA approvals by the Minister.

Reply:

(1) (a) Railway Operators are required to report operational occurrences and

incidents as prescribed by South African National Standards (SANS) 3000-1 categories (Railway Safety Management standard) to the Railway Safety Regulator (RSR).

The table below depicts a year-on-year comparison of derailments and the associated consequence for occurrences reported to the RSR. A total of 290 derailments during the movement of rolling stock were recorded during the 2021/22 reporting period. In addition, the data received indicates that there were ten (10) injuries and three (3) fatalities as a result of derailments recorded during the 2021/22 reporting period.

(b) The table below depicts the number of derailments during the movement of rolling stock for the first quarter of the 2022/23 reporting period. A year-on-year analysis reveals an increase from the fifty eight 58) derailments reported in the first quarter of 2021/22 compared to the current year under review at ninety one (91) derailments.

(aa) The geographical distribution of derailments by province can provide a substantive baseline to make inferences on the rail value chain. The data suggests that most derailments happen in Gauteng (51%), KwaZulu-Natal (17%), and Western Cape (12%). The rail value chain is adversely affected due to delays caused by such occurrences, often because of the time, it takes to clear the occupied sections.

(bb) Transnet Freight Rail reported a total of two hundred and twelve (212) derailments during the 2021/22 reporting period. This number represents 73% of the overall derailments reported by the railway industry.

(cc) An efficient railway industry creates significant economies of scale. The haulage of dry bulk freight and metal ore(s) are notably the most impacted sectors.

(2) The RSR is not required to by law and has not to date collected and verified information pertaining to the Rand amount in costs to the economy and the cost of repairs in each case for Transnet.

Reply:

In order to ease congestion and accidents caused by trucks on the road, a key development in revitalising railway networks is the approval of the White Paper on National Rail Policy (Rail Policy) by Cabinet on 23 March 2022. The Department of Transport is responsible for creating the enabling policy and legislative frameworks and co-ordinating the implementation of these initiatives for the transport sector.

To promote the movement of cargo from road to rail, the Rail Policy introduces reforms to open up the space for private sector investment and equitable third-party access on the primary and secondary rail network. This will open up the rail market for other operators to compete and improve operational efficiencies and service quality which will attract cargo from road to rail.

A key player in the implementation of these reforms is Transnet, which falls on the shareholding of the Department of Public Enterprises, as it owns, operates and maintains the majority of the rail freight network in the country. The Department of Public Enterprises as part of its responsibility for the implementation of the National Rail Policy, must ensure optimal restructuring of Transnet’s rail relates businesses to ensure operational effectiveness and efficiency to make rail an attractive alternative for the movement of cargo from road to rail.

Reply:

According to information received from Alexkor

1. The person concerned has declared that he has private businesses which are dormant.
2. He has completed the declaration of interest forms which indicate there is no conflict of interest since the companies are dormant.

 

 

Reply:

Transnet Freight Rail, which falls under the shareholding of Department of Public Enterprises, largely owns and operates the country's freight rail infrastructure, locomotives and wagons.

The obsolete state of much of the rail infrastructure and rolling stock do not make it attractive for the private sector to shift cargo from road to rail. Safety and security, mainly due to rampant theft and vandalism of railway infrastructure is also a concern. The unavailability of rolling stock and locomotives is key for third party access and currently hinders new operators from operating on the rail network.

As the freight rail operator, Transnet Freight Rail is best positioned to engage with the innovative concepts proposed by stakeholders such as the Road Freight Association and to articulate what interventions can be implemented at an operational level to develop intermodal collaboration and to achieve road-to-rail shift of cargo. It should be noted that innovative concepts may also need to comply with relevant procurement legislation to ensure transparency, fairness and competitiveness.

The Department of Transport in terms of its mandate of developing policy and regulatory frameworks, has developed the National Rail Policy which was recently adopted by Cabinet. Inputs provided by the Road Freight Association have been considered in the development of the National Rail Policy. The National Rail Policy intends to place rail on a sound footing to play a meaningful role as a backbone of a seamlessly integrated transport value chain. The National Rail Policy introduces secondary interventions that will give effect to institutional repositioning and allows for on-rail competition. This will open up the rail market to other operators to compete and improve operational efficiency that is needed to improve service quality and encourage a shift from road to rail.

Reply:

a) (i) Total number of public servants currently on suspension with full pay: 305

(ii) Cost to the Government: R 130 964 676,15.

b) (i) Breakdown of suspended public servants in National Departments:

Name of Departments	SMS Member (Level)	Number of Precautionary suspensions cases received	Total cost for Precautionary suspensions
Agriculture, Land reform and Rural Development	14	1	not indicated
Cooperative Governance	14	1	R 2,396,286.82
	14	1	R 2,360,860.58
	13	1	R 1,939,751.03
	14	1	R 426,844.64
Correctional Services	15	1	R 309,095.63
	13	1	R 182,511.67
	15	1	R 238,714.49
Defence	0	1	R 356,171.50
Government Printing Works	0	1	R 22,752.59
Health	0	3	R 95,199.39
Higher Education and Training, Science & Innovation	0	12	R 2,549,231.00
Home Affairs	15	1	R 956,198.25
	14	1	R 859,747.00
	13	1	R 654,631.25
	13	1	R 94,921.50
	0	1	R 790,611.21
	0	1	R 502,049.41
	0	1	R 500,233.08
	0	1	R 199,930.50
	0	1	R 171,056.25
	0	1	R 178,863.75
	0	1	R 163,806.00
	0	1	R 163,806.00
	0	1	R 149,802.00
	0	1	R 184,281.75
	0	1	R 171,056.25
	0	1	R 184,281.75
	0	1	R 171,056.25
	0	1	R 39,747.50
	0	1	R 40,344.50
	0	1	R 40,951.50
	0	1	R 20,781.50
	0	1	R 20,172.25
	0	1	R 20,172.25
	0	1	R 20,172.25
	0	1	R 21,781.00
	0	1	R 94,921.50
Independent police Investigative Directorate	13	6	R -
International Relations and Cooperation	0	1	R 3,158.38
Justice and Constitutional Development	0	1	R 642,798.67
	0	1	R 1,773,149.72
	0	1	R 2,654,793.91
Military Veterans	14	4	R 3,778,958.91
National Prosecuting Authority	14	1	R 292,528.70
		1	R 235,925.36
		1	R 53,470.45
Office of Chief Justice	0	1	R 2,985,711.13
	0	1	R 94,841.55
Public Enterprises	16	1	R 28,734.95
Public Service and Administration	15	1	R 4,951,979.60
Public Works and Infrastructure	16	1	R 3,957,066.00
	0	1	R 89,538.75
Science and Innovation	0	1	R 1,190,868,66
Water and Sanitation	0	3	R 15,651.08
The Presidency	13	1	R 215,374.05
TOTAL	19	79	R 40 257 345,63

(b) (i) Breakdown of suspended public servants in Provincial Departments:

Provinces	Provincial Departments	Number of Precautionary suspensions received	SMS	Total cost for Precautionary suspension
Eastern Cape	Cooperative Governance and Traditional Affairs	0	0	0
	Community Safety	1	0	R 1,208,961.00
	Economic Development, Environmental Affairs and Tourism	0	0	0
	Education	0	0	0
	Health	0	0	0
	Human Settlements	0	0	0
	Office of the Premier	0	0	0
	Provincial Treasury	0	0	0
	Roads and Public Works and Infrastructure	0	0	0
	Rural Development and Agrarian Reform	0	0	0
	Safety and Liaison	0	0	0
	Social Development	0	0	0
	Sport, Recreation, Arts and Culture	0	0	0
	Transport	0	0	0
	Total	1	0	R 1,208,961.00
Free State	Agriculture and Rural Development	3	0	R 2,659,259.57
	Cooperative Governance and Traditional Affairs	0	0	R -
	DESTEA	1	1	R 12,551.07
	Education	1	0	R 187,885.70
	Health	7	0	R 805,249.33
	Human Settlements	2	1	R 2,381,250.03
	Office of the Premier	0	0	R -
	Police, Roads and Transport	0	0	R -
	Provincial Treasury	1	0	R 48,087.60
	Public Works & Infrastructure	2	0	R 145,487.54
	Social Development	1	1	R 41,871.61
	Sport, Arts, Culture and Recreation	0	0	R -
	Total	18	3	R 6,281,642.45
Gauteng	Agriculture and Rural Development	0	0	R -
	Education	4
	Cooperative Governance and Traditional Affairs
	Community Safety	3	0	R 117,978.71
	Economic Development	7	3	R 5,650,621.08
	E-Government	0	0	R -
	Health	No report	No report	No report
	Human Settlements	No report	No report	No report
	Infrastructure Development	9	3	R 1,831,135.27
	Office of the Premier	0	0	R -
	Provincial Treasury	0	0	R -
	Roads and Transport	No report	No report	No report
	Social Development	0	0	R -
	Sports, Arts , Culture and Recreation	No report	No report	No report
	TOTAL	23	6	R 7,599,735.06
Kwazulu-Natal	Agriculture and Rural Development	6	1	R 1,517,725.00
	Arts and Culture	0	0	R -
	Community Safety	0	0	R -
	Co-operative Governance and Traditional Affairs	3	1	R 2,380,756.00
	Economic Development, Tourism and Environmental Affairs	2	2	R 819,973.00
	Education	28	3	R 4,991,434.50
	Health	22	1	R 3,305,739.53
	Human Settlements		0	R -
	Office of the Premier	4	2	R 6,509,741.00
	Social Development	7	5	R 8,394,222.35
	Sport and Recreation	0	0	R -
	Provincial Treasury	0	0	R -
	Public Works	1	1	R 3,376,082.40
	Transport	2	2	R 2,235,369.80
	Total	75	18	R 33,531,043.58
Limpopo	Agriculture and Rural Development	0	0	0
	COGHSTA	0	0	R -
	Education	0	0	R -
	Health	9	0	R No cost indicated -
	Limpopo Depart. of Economic Development, Environment and Tourism	0	0	R -
	Office of the Premier	0	0	R -
	Provincial Treasury	0	0	R -
	Public Works, Roads and Infrastructure	0	0	R -
	Social Development	0	0	R -
	Sports, Arts and Culture	0	0	R -
	Transport and Community Safety.	0	0	R -
	Total	9	0	R -
Mpumalanga	Agriculture, Rural Development, Land and Environment Affairs	0	0	0
	Community Safety, Security and Liaison	4	0	R 195,439.56
	Co-operative Governance and Traditional Affairs	1	0	R -
	Culture, Sports and recreation	0	0	R -
	Economic Development and Tourism	0	0	R -
	Education	5	0	R 2,132,884.31
	Health	14	0	Not indicated
	Human Settlements	0	0	0
	Office of the Premier	2	0	R 509,482.95
	Provincial Treasury	0	0	R -
	Transport, Safety and Liaison	0	0	R -
	Public Works, Roads and Transport	0	0	R -
	Social Development	0	0	R -
	Total	26	0	R 2,837,806.82
Northern Cape	Agriculture, Environmental Affairs, Rural Development and Land Reform	No report	No report	No report
	Cooperative Governance, Human Settlements and Traditional Affairs	0	0	R -
	Economic Development and Tourism	0	0	R -
	Education	12	0	R 5,713,629.00
	Office of the Premier	0	0	R -
	Provincial Treasury	0	0	R -
	Roads and Public Works	4		R 36,189.00
	Sports and Arts and Culture	0	0	R -
	Social Development	2	0	R 270,956.56
	Health	10	0	R 18,740,641.63
	Transport, Safety and Liaison	0	0	R -
	Total	28	0	R 24,761,416.19
North West	Agriculture & Rural development	2	2	R 429,472.00
	Arts , Culture Sports and Recreation	No report	No report	No report
	Corporative Governance & Traditional Affairs	0	0	R -
	Community Safety and Transport Management	0	0	R -
	Economic Development Environment, Conservation & Tourism	1	0	R 210,805.23
	Education	No report	No report	No report
	Health	12	2	R 11,473,472.27
	Human Settlements (New department)	0	0	R -
	Office of the Premier	2	0	R 263,485.50
	Provincial Treasury	0	0	R -
	Public Works and Roads	1	0	R 167,346.62
	Social Development	No report	No report	No report
	Total	18	4	R 12,544,581.62
Western Cape	Agriculture	0	0	R -
	Community Safety	5	4	R 672,487.25
	Cultural Affairs and Sport	0	0	R -
	Economic Development and Tourism	0	0	R -
	Education	7	3	R 155,862.21
	Environmental and Development Planning	0	0	R -
	Health	11	0	R 473,464.83
	Human Settlements	0	0	R -
	Local Government	0	0	R -
	Provincial Treasury	0	0	R -
	Social Development	2	0	R 461,437.61
	The Premier	3	0	R 178,891.90
	Transport and Public Works	0	0	R -
	TOTAL	28	7	R 1,942,143.80
	Grand Total	226	38	R 90 707 330,52

c) Number of senior public servants on precautionary suspension: 57

NOTE: The information used for this response was obtained from the FOSAD reports sent to the DPSA as at 30 June 2022.

End

Reply:

After a review of the previous Eskom Board, the Minister announced the appointment of a new Board with a full complement of 15 directors, with effect from 1 October 2022, for a three-year term, subject to annual review. The new Board includes 13 new Non-executive Directors and two existing Executive Directors, namely the CEO and CFO.

In line with proper corporate governance, the performance management of the executive directors falls within the purview of the Board.

Reply:

According to information received from ALEXKOR

1. Alexkor has a Social and Labour Plan (SLP). This is a requirement from the Mineral and Petroleum Resources Development Act 28 of 2002. The SLP projects are reported on in Quarterly Reports and Integrated Annual Reports.
2. The PSJV Board appointed a certain person with effect from 1 August 2021 on a 5-year fixed term contract. This person was a former employee and met the requirements of the post. He was head hunted as the position needed to be filled immediately as an Operations Manager is a requirement of Section 3(1)(a) of the Mine Health and Safety Act 29 of 1996.
3. This person was appointed to a critical position and resigned for personal reasons 5 years prior to a certain persons suspension and not shortly before he was suspended.
4. The specified person (referred to 3(b)) is the brother in-law of the person (referred to 2(a)).
5. The PSJV financial position is precarious and Mr T Fowler was interviewed by the PSJV Board and appointed as the interim CEO of the PSJV, in addition to serving as the interim CEO of Alexkor. There is no additional remuneration for the additional position.

 

Reply:

According to the information received from SAA

The International Air Services Licensing Council has not revoked the licenses of South African Airways (SAA). SAA made representation to the International Air Services Licensing Council (The Council) on its current route allocation and the decision by the Council to review some of the frequencies on the routes that the airline is currently not serving.

SAA continues to ramp up its operations by bringing in additional equipment into the fleet. The airline assures members that the airline is not losing its route rights. SAA continues to operate its current network and schedule with 6 regional and 2 domestic destinations. Currently, the airline has deployed additional capacity on the Cape Town route to meet demand and we have increased the aircraft size on the Harare route.

There is no doubt that SAA still retains a high brand equity and customer loyalty, demonstrated by successful re-entry to regional and domestic markets, with positive occupancy rates.