Questions and Replies

Reply:

According to the information received from Transnet

Normal weekly average volumes for Agriculture and Mining are 12 611 tons and 2 622 737 tons respectively. Over the strike period, the weekly average volumes for Agriculture stood at 10 033 tons, and 1 901 034 tons for Mining.

Third party access by itself is incapable of remedying industry or sector level employee strikes or protests. South African Labour Relations are governed by the Labour Relations Act, Basic Conditions of Employment Act and other related laws, policies and agreements concluded in formal bargaining structures.

Remarks: Reply: Approved / Not Approved

Jacky Molisane P J Gordhan, MP

Acting Director-General Minister of Public Enterprises

Date: Date:

Reply:

(1) (a) A total number of 476 applications were received.

(b) A total number of 7 orders were granted for alteration of sex description.

(c) No rejections were made in terms of section 2(3) of the Act.

(2) None.

END

Reply:

According to the information received from SAA:

1. (a) The total monetary value of guarantees issued to SAA was R19.1 billion. As at 30 September 2022, R1.2 billion remain with SAA.

(b) A total of R377 million of government guarantees remain in use.

2. The guarantees were issued as follows:

Financial year	Purpose	R’ Billion
2006/07	Support to restore going concern	1,300
2009/10	Support to restore going concern	1,600
2012/13	Support to restore going concern	5,006
2014/15	Support to restore going concern	6.488
2016/17	Support to restore going concern	4,720
Total		19 114

 

3. (a) All the guarantees have not been withdrawn from SAA as the airline is in the process of replacing the guarantees currently pledged as security for contingent liabilities with its own cash.

(b) All guarantees will be withdrawn as soon as SAA has been able to find alternatives for replacing the guarantees pledged as security

4. SAA intends to settle the outstanding guaranteed obligation by end of March 2023.

 

Remarks: Reply: Approved / Not Approved

Jacky Molisane PJ. Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

1. (a) Cases

(i) The total number of civil claims cases received for the financial year 2020/2021 is 156

(ii) Total number of cases still not finalised is 124 for financial year 2020/2021

(b) The total contingency liability amount is R142 231 682,93.

2. (i) The total amount spent on legal costs for the financial year 2020/2021 is R11 562 528,55 which comprised R1 382 588,05 for legal costs relating to that cases specific to that financial year and the balance comprising shared split costs and prior years’ late claims by the Office of the State Attorney.

(ii) The total amount spent on legal costs for the financial year 2021/2022 is R10 528 779,18 which comprised R1 415 653,76 for legal costs relating to that cases specific to that financial year and the balance comprising shared split costs and prior years’ late claims by the Office of the State Attorney.

(b) The total amount spent on legal costs since April 2022 is R257 158,73.

Reply:

1. The Department of Home Affairs has two offices in the municipal area and they are Aliwal North, Local Office Medium situated at number 18 Hunt Street Aliwal North 9750 and Burgersdorp Local Office Small, No.31 Van Der Walt Street, Burgersdorp 9744,

2. Offices are not fully staffed and there is a capacitation programme currently underway to fund vacancies but all posts for office managers have been allocated funds. The Aliwal North office has appointed one Civic Service Supervisor who assumed duties as from the 1st September 2022. There is one vacant funded post of Civic Service Supervisor for Burgersdorp which emanated from the current recruitment process and will be filled soon.

3. The State Information Technology Agency (SITA) is making an investment to improve internet connectivity at DHA offices and both offices have generators that are used during load-shedding to ensure that services are not interrupted.

4. There are temporary telephone lines for Aliwal North Local Office Medium with the following numbers: 051 633 3317, 051 633 2118, 051 633 2883,051 633 2281 and they are functional. Permanent lines will be installed once Telkom is done with the migration to fibre-lines.

5. Inspectorate Services are not done at the Burgersdorp Local Office Small, due to the size of the office. At the Aliwal North Local Office Medium, recruitment for Immigration officials has started in phases. (a) The Immigration Officials of the Sterkspruit Local Office Medium, have an Itinerary that covers Senqu Local Municipality, and Walter Sisulu Local Municipality. (b)A monthly itinerary for the mobile units is drawn to service towns with no DHA footprint.

END

Reply:

1. I have not attended a meeting outside of the Government to determine the deployment of personnel in public sector positions.

1. Appointments in the Public Service are regulated by the Public Service Regulations (PSR) 2016, (57). In terms of regulation (65) of the PSR, vacancies in the public service must be advertised extensively, to reach an entire pool of potential applicants.

Regulation (67) of the PSR regulates the selection of a suitable candidate/s to an advertised post. Formal selection processes entail the shortlisting of candidates, where after formal interviews are undertaken to identify a suitable candidate to appoint. Regulation (67)(7) also makes provisions to headhunt a suitable candidate if the selection panel is unable to recommend a suitable candidate.

END

Reply:

According to the information received from Transnet

(a)(i) Ports

At the onset of the strike, Command Centers were invoked at all operating divisions of Transnet SOC Ltd to ensure that company assets were secured; non-striking employees were protected; and contingency plans were implemented to reduce operational disruptions. While the marine operations of Transnet National Ports Authority were not affected by the strike due to their essential service designation, the Transnet Port Terminal operations were impacted as they do not form part of essential services at the ports. Other measures introduced included the following:

• Employees who were not striking were used as a contingency.
• The Bulk and Breakbulk Terminals were not severely affected. Customer resources were utilised to continue operating in these sectors, together with some employees who were not on strike.
• The Auto Terminals were operating by utilising the existing third-party contracts.

A recovery plan has been implemented and is on track.

(ii)(b) Railroads

The North Corridor does not have a rail line between Durban and Tongaat.

Remarks: Reply: Approved / Not Approved

Jacky Molisane P J Gordhan, MP

Acting Director-General Minister of Public Enterprises

Date: Date:

Reply:

The Chief Justice R M M Zondo has not made any claims or been paid any allowances during the extended period of the Judicial Commission of Inquiry into Allegations of State Capture.

Reply:

According to Information Received from Eskom:

1. The current location of Medupi Power Station’s North Ash Disposal Facility (ADF) is located at Farm Eenzaamheid 687 LQ which is adjacent to the power station (on the western side). The location was assessed as part of the Environmental Impact Assessment (EIA) studies undertaken in 2005 (DFFE Ref. No. 12/12/20/695) as well as

during additional EIA studies. Medupi Power Station (PS) only has one operational ash disposal facility.

(2)(a) Medupi’s ADF, on the western side of the power station, is in operation. It should be noted that construction and operation of the Medupi PS ADF is done in phases. Currently, Medupi is operating part of the zero for four-year ADF while they are busy with the construction of the remaining phases.

At Medupi PS there is only one ADF and ash arising from the power station is not disposed of at the old dump site as referred. It is assumed that the old dump site referred to is the Matimba PS ADF which is not linked to the operation of Medupi PS, but instead services Matimba PS.

(b) For future ashing requirements, alternative sites will be assessed following an EIA study. Various options are being considered for the future disposal of waste such as ash off-takers, but these are still being developed.

(3)(a) The current ash disposal for Medupi PS triggers waste management activities listed under Government Notice No. 921 dated 2013 as amended. In addition, other applicable legislation includes section 21 of the National Water Act, 1998 as amended. It should be noted that one needs to undertake the EIA studies set out in the Environmental Impact Assessment Regulations under section 24 of the National Environmental Act, 1998 as amended, when applying for a waste management license and/or water use license.

The EIA studies were undertaken, and dust management controls were considered as part of the preparations.

Below please find an update reflecting the current status of Medupi Power Station:

(b) Waste Management Licence No. (12/9/11/L21/0323092918/5/R) and National Dust Control Regulations No. 36974 GOVERNMENT GAZETTE, 1 November 2013 are the main legislations that govern fugitive dust management at the Ash Disposal Facility (ADF). Environmental impact studies were conducted during the EIA phase of the project and a waste management licence is available for the ADF.

Medupi PS has installed and commissioned an Ash Dump Irrigation (ADI) system with sprinklers to suppress the fugitive dust at the ADF. Effluent water from the station’s pollution control dams is used for dust suppression. Water tankers are also used to suppress dust at active areas, including access roads to the ADF.

Medupi PS has established a monitoring network for fugitive dust management to measure the dust fallout in line with the National Dust Control Regulation. Medupi PS fugitive dust fallout is measured against the non-residential limit of 600 < D > 1,200 Dust fall rate (D) (mg/m2/day), 30-day average based on the station’s location.

Long-term plans are under development in terms of rehabilitation of the ADF as the ashing disposal is completed per phase. These will also need to follow environmental approval processes before execution. Currently, the rehabilitation designs for the first phase are completed.

(4) On 16 April 2010, Eskom and the World Bank (WB) concluded a loan facility, with a total WB financing of US$3.75 billion. In the loan agreement, Eskom made a commitment to develop, adopt and thereafter implement a programme to install Flue Gas Desulphurisation (FGD) technology in each of the six power generation units at the Medupi power plant.

Due to delays at Medupi, the World Bank approved Eskom’s request to amend the deadline for the Medupi FGD to 30 June 2027. Eskom is thus currently not in breach of the loan agreements; however, it is unlikely that Eskom will be able to install FGD at all Medupi units by the 2027 deadline. Eskom submits bi-annual progress reports on the Medupi FGD to the World Bank.

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

According to the information from Denel

(a) Rheinmetall Denel Munition RF Pty. Ltd (RDM) is a joint venture between the German Rheinmetall Waffe Munition GmbH (51%) and the South African State-Owned Company, Denel. The JV was completed in 2008. RDM is producing and selling ammunition of various calibres. RDM employs a total of 2,500 people across its four sites (2 in Western Cape, 1 in Gauteng and 1 in North West) and conducts business with more than 1,500 suppliers in South Africa. Over 90% of RDM’s turnover is generated from international clients, especially in the Middle East / Northern Africa (MENA), Asian and Europe. RDM’s dependency on international clients underlines its dependency of the timely approval of contracting and export permits from the South African National Conventional Arms Control Committee (NCACC).

(b) RDM operates in a sensitive defence/military environment. Customers insist on tight non-disclosure requirements as part of contractual obligations. All other mandatory regulatory disclosures related to contracting for export and import of controlled items are made to the NCACC.

(i) Since the inception of the Joint Venture in 2008, the company invested R1.5 billion in the development of new technologies, R1.0 billion in infrastructure and facilities as well as more over R500 million in social responsibility, skills development, and supplier development.

(ii) RDM’s goal is to be carbon neutral by 2035. In this regard, RDM is in the process of constructing the first solar PV farm at the Somerset West site and the same model will be replicated across all RDM sites in South Africa.

RDM has started to endeavour in technology developments in the field of alternative green energy solutions, specifically solar and green hydrogen. On green hydrogen, RDM has developed several applications and wants to position itself as a partner for hydrogen supply globally. RDM is also developing solutions for fixed and mobile hydrogen power, and storage solutions for industrial use. RDM unveiled its green hydrogen plans at the 2022 Africa Aerospace and Defence exhibition.

Remarks: Reply: Approved / Not Approved

Jacky Molisane P J Gordhan, MP

Acting Director-General Minister

Date: Date

Reply:

a) None. The Vrede Dairy project was funded from two streams of funding which is the Equitable Share and R50 million was approved from the Comprehensive Agriculture Support Programme (CASP) to co-fund with the province and the private investors. R20 million of the R50 million of CASP funds was spent on infrastructure development and the CASP funds were confirmed to have been spent on the ‘cow hotel’ which is the facility that houses the cows and the milking parlour; the dam; erection of the border fence; access roads to the farm; the processing facility and the purchase of 300 Friesland cows.

When the Mail and Guardian published stories around corruption related to the Vrede Dairy Farm, a national delegation led by the delegated transferring officer which included the DALRRD dairy specialist, the Chief Economist and the Chief Director: Food Security visited the farm to confirm if everything as was presented and approved by DALRRD, was in place. The team confirmed the infrastructure against the funds spent, but was unhappy about the sequencing of activities which went against South African regulations and technical standards and therefore recommended that the funds be stopped until the province had complied. The CASP conditional grants were stopped and the remaining R30 million was then approved for diversion to other CASP projects in the Free State. The province never requested further funding for the Vrede Dairy Project from CASP. Therefore, DALRRD had no further dealings with the Vrede Dairy Project until we were requested to indicate why we had stopped our funding to the project. The implicated officials are in the employ of the Free State Department of Agriculture and the implicated CFO and Head of the Department have since left the Free State Department of Agriculture.

b) No. As stated in (a) above, the R20 million CASP fund was accounted for on the infrastructure and the cows purchased. The remaining allocation to the project was stopped and diverted to other projects because DALRD was not satisfied about the sequencing of activities as well as compliances to South African regulations and technical standards.

Reply:

Electricity plays a key role in the economic development of the country. Electricity affects both the rich and the poor communities. Eskom played a critical role and will continue to provide a public good in the form of electricity. It must be emphasized that, the entity provided the good during the time that private sector could not take the risk of providing the public good. The electricity industry has matured hence the private sector is willing to enter the market and provide competition which will bring about efficiencies and improve service provision. The increase in competition in the energy industry necessitated the restructuring of Eskom to enable the entity to efficiently operate in the energy industry. The incorporation of the Transmission Subsidiary will play a key role in the transmission of electricity. Partnerships between the public, and private sectors is needed for provision of electricity. The Department is engaging with Department of Mineral Resources and Energy (DMRE) and National Treasury through the Intergovernmental Steering Committee that provide oversight to Eskom restructuring.

The development finance institutions are critical for financing electrical infrastructure in the country. The private sector has invested heavily on the Eskom transmission network. The embedded generators are allowed to sell the excess electricity to Eskom. The private sector has played an important role in the provision of electricity through the Renewable Energy Independent Power Producer Power Programme bid windows. Eskom is procuring additional capacity from Independent Power Producers (IPPs) to improve maintenance to improve Energy Availability Factor (EAF) to reduce loadshedding in the country.

 

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

According to the information received from Transnet

The governance process for wage negotiations at Transnet provides for an internal process led by the Board of Directors. As such, the Minister of Public Enterprises’ role is that of guidance and mediation.

The mandate for the quantum of the increase is given by the Transnet Board of Directors based on recommendations from the Group Executive and Remuneration, Social and Ethics Committees before wage negotiations commence. The Chief of People Management and Learning is then empowered to negotiate with the recognised unions SATAWU and UNTU within the confines of the mandate given.

When industrial action commenced, Minister Gordhan convened daily meetings with the Transnet Board, Group Executive Committee as well as the private sector, which was represented by various industry associations. The purpose of the meetings was to update industry on operations at Transnet.

Honourable Ministers Thoko Didiza, Thulas Nxesi and Pravin Gordhan met with the leadership of SATAWU and UNTU on 12 October 2022. The Ministers used the meeting to engage with union leaders on the demands tabled by their members and to urge that all parties find a solution to the deadlock.

Remarks: Reply: Approved / Not Approved

Jacky Molisane P J Gordhan, MP

Acting Director-General Minister of Public Enterprises

Date: Date:

 

Reply:

According to information received from Alexkor:

a) The former CEO appointed Messina Inc Attorneys to render company secretarial services on a month to month basis with effect from 1 October 2020. The certain Person is a Director and a representative of Messina Inc Attorneys and is responsible for rendering the company secretarial services.

b) There was no position advertised.

c) There were no interviews.

d) There was no job advertised and the certain person is a representative of Messina Inc Attorneys being the entity appointed as Company Secretary. I am informed that the certain person carries out his duties diligently. The certain person is not deployed through cadre deployment machinations of the ANCs deployment committee or any political party’s cadre deployment.

e) The certain person is not an employee of Alexkor.

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

According to information received from Eskom:

1. The process to procure the boiler maintenance services went through the competitive open tender process and the successful bidders’ contracts started in January 2022. Babcock Ntuthuko was disqualified technically. The two service providers awarded the contract have proven that they have the capacity and capability to render the required scope of work.
2. The procurement of goods by Eskom is done and should always be done in a manner that is equitable, fair, transparent, cost-effective and competitive. It was not a requirement to award the tender to Original Equipment Manufacturers (OEMs), however, Actom and Steinmuller are in fact the OEMs on certain power stations. However, that did not influence the tender evaluation outcome or award.
3. Babcock Ntuthuko’s tender was not accepted due to its failure to meet one of the mandatory technical requirements. The supplier failed to submit the mandatory technical requirements. The supplier failed to submit the mandatory certification of ISO 3834 which was required and mandatory for technical evaluation.

It should be further noted that Eskom is committed to utilising experienced skills when it comes to working on the units, but where bidders in a procurement process do not meet the mandatory requirements, Eskom cannot accept those bids.

 

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

According to Information Received from Eskom:

(i) and (ii)

Generation has a capacity plan. This capacity plan identifies all “off-load” maintenance scheduled for each unit in the fleet. This plan is very detailed for the first year, but also identifies the maintenance space required for the following year. The plan is linked to required budgets as well as the required space on the system to allow the unit to be shut down for the maintenance. Planned maintenance requires a 24-month planning period to ensure that spares and services are available for the outages.

This capacity plan gets revised regularly and updated according to the evolving environment. The challenge with executing this plan is determined by the availability of the timely release of funding, the available space on the system to allow maintenance to occur, as well as the “readiness” of the unit to execute the planned maintenance.

Securing the required funding for planned maintenance has been a challenge for FY2022, FY2023 and FY2024. This results in the late release of funding to sites hence their ability to plan outages is compromised. The uncertainty of funding also affects the amount of maintenance that can be planned. For example, lack of funds requires the prioritisation of safety maintenance while reliability maintenance has to be reduced, which is not ideal.

The compromised planning also impacts the sites’ ability to carry out maintenance in the required time and according to the required schedules, this leads to slips on return dates.

The unpredictability of the current fleet means that unplanned failures take up space on the already constrained system. This then results in the deferment of planned outages. In essence, the current unpredictability of plants compromises the current capacity plan from materialising as intended.

 

 

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

1. According to the National Prosecuting Authority (NPA) statistics, prior to September 2021, a total of 59 Truth and Reconciliation Commission (TRC) cases were under investigation by the Directorate Priority Crime Investigation (DPCI). The Priority Crimes Litigation Unit (PCLU) oversaw the investigations at a national level until they were migrated to the respective provinces in April 2019. After a careful analysis, a further 55 cases were thereafter identified for re-opening.. These cases pertained to the deaths in detention where detainees, detained mainly under security legislation, died under circumstances which necessitated further investigation. These matters were identified on the available information at that stage. The process to review the TRC Recommendations is ongoing and relevant is extracted from the multiple volumes of the Final TRC Report.

Since September 2021 to July 2022, a total of 64 new matters have been referred to the DPCI for investigation.

2. The criteria currently used is to first establish if the charge/s against person/s have not prescribed. Once it has been ascertained that the matter was referred by the TRC, and the charges have not prescribed, then the matter is referred for re-opening to DPCI for the allocation of an investigator. After an investigator is appointed, the matter is referred to the office of the relevant Director of Public Prosecutions (DPP) where a dedicated TRC prosecutor is assigned the matter for prosecution guided investigation to take place.

END

Reply:

According to information received from Alexkor:

1. The interim CEO is reviewing all contracts approved by his predecessor, including the appointment of Messina Inc Attorneys. Until such time as all contracts have been reviewed and/or new procurement processes have been initiated, existing contracts have not been terminated provided that the service rendered meets requirements. The reality is that Messina Inc Attorneys represent Alexkor in all pending legal cases and handing over to a new legal service provider would be financially imprudent. Messina Inc Attorneys were appointed after participating in a tender for legal services in 2014. This tender was cancelled. The same tender was readvertised in 2015 and the procurement process was finalized in 2016. A Service Level Agreement was signed with a duration of 3 years terminating on 31 March 2020.

2. The former CEO of Alexkor extended the contract in 2020 for a period of one (1) year, terminating on 1 April 2021 and continued to use the services of Messina Inc Attorneys after this date and on the same terms and conditions as contained in the main service level agreement. This is still the case pending the review of all contracts.

3. The initial appointment of Messina Inc Attorneys was compliant with the Public Finance Management Act and Treasury Regulations.

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

According to Information Received from Eskom:

Payment will be processed with the December 2022 payroll and the payment date is 21 December 2022.

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

No. However, the Lost Claims Strategy has been developed in partnership with the Special Master and Association for Rural Advancement (AFRA) to address any claims that may have been identified as lost or misplaced in the process by the applicant, the appointed service providers or the Department during the settlement process.

a) No, the former Department of Land Affairs worked with AFRA in KwaZulu-Natal and the Transvaal Rural Action Committee in Mpumalanga on a campaign to create awareness in communities on farms to assist them to lodge their labour tenant claims. The two organizations managed the process and submitted the applications in terms of section 16(1) of the Land Reform: Labour Tenants Act, 1996 to the then Department for processing. The labour tenancy system was abolished and therefore the re-opening of applications will not be possible.

b) No, section 16(1) of the Land Reform: Labour Tenants Act, 1996, provides that all labour tenant claims were to be lodged not later than 31 March 2001 as legislated by an Act of Parliament; therefore, the cut-off date is not an administrative decision, but a statutory provision.

Reply:

Yes, the department intends to advocate continually for funding of non-governmental organisations working in the disability sector.The Disability organisations are an important stakeholder and the department collaborates with the sector. Government departments through different initiatives do fund sector specific programs.

The Department of Women , Youth and Persons with disabilities in its work to advocate and mainstream for disability inclusion continually works and assists departments to establish and strengthen sector specific Disability Forums in line with department’s stakeholder management strategy. The Organisations of and for persons with disability are an important stakeholder for each and every department in planning and implementation of programs of and for persons with Disabilities.

_________________________

Approved by Minister

Ms M Nkoana-Mashabane, MP

Date:

Reply:

The monitoring mandate of the Department is a function concerned with tracking and reporting on progress and regress on targets as well as providing technical support on the development of National and Provincial Strategic Plans and Annual Performance Plans. These are key enablers to systemic changes to mainstream disability considerations.

There are currently engagements between the Department of Public Service and Administration, Department of Employment and Labour as well as the Department of Women, Youth and Persons with Disabilities regarding the employment equity targeting.

_________________________

Approved by Minister

Ms M Nkoana-Mashabane, MP

Date:

Reply:

(a) The R15 Million allocated over 2019 – 22 Medium-Term Expenditure Framework is spent on payment of salaries for the NCGBVF Secretariat and their operations of developing strategies, frameworks and plans to be utilized in the coordination and monitoring of the National Strategic Plan on Gender Based Violence and Femicide (NSP on GBVF).

(b) The Council’s main source of funding would be monies appropriated by parliament (National Treasury budget allocation) but other envisaged sources of funds include donations, contributions and monies received from any other source.

 

________________________

Approved by Minister

Ms M Nkoana-Mashabane, MP

Date:

Reply:

a) (i) 13.

(ii) None, following the passing of the late Deputy Minister.

b) (i)	(ii)
Chief of Staff	level 14
Administrative Support and Coordination	level 13
Parliamentary and Cabinet Officer	level 13
Community Outreach Officer	level 11
Parliamentary and Cabinet Support	level 11
Media Liaison Official	level 10
Speech Writer	level 10
Assistant Appointment and Administrative Secretary	level 9
Registry Clerk	level 7
Secretary/Receptionist	level 7
Driver/Messenger	level 5
Household Aide	level 5
Food Services Aide	level 3

b) (ii) In terms of the Protection of Personal Information Act, individual remuneration packages for each specified person cannot be disclosed. Accordingly, their salary levels are rather indicated.

_________________________

Approved by Minister

Ms M Nkoana-Mashabane, MP

Date _____________________

Reply:

During the 2022/23 financial year, there is a budgetary allocation R225 million in equitable share allocation was given to provinces in order to supply sanitary pads to learners. In the event that a Provinces do not deliver on the mandate, it will not be due to the absence of the budget but due to provincial internal processes.

_________________________

Approved by Minister

Ms M Nkoana-Mashabane, MP

Date:

Reply:

a)  The Department acknowledges the deterioration of water and sanitation services at municipal level. The decline includes a growing trend on water losses and water use inefficiencies. In response to the decline, and along with the requirement by AGSA to develop an action plan, the Department is putting in place a Water Services Improvement Programme (WSIP) to strengthen its support and intervention at municipal level based on actual data or most available data. The aim of the programme is for the Department to ensure that support and intervention at municipal level is proactive, consistent, and systematic as opposed to current ad-hoc approach. In line with the WSIP, the Department has further established the Water Partnership Office (WPO) within the Development Bank of Southern Africa (DBSA). The WPO has developed five standardized National Programmes for private sector participation in municipal water and sanitation services, to make it easier, quicker, and cheaper for municipalities to enter into partnerships, without having to ‘reinvent the wheel’ for each partnership. One of the five National Programmes within the WPO is Non- Revenue Water (NRW) programme aimed at implementing the Water Conservation and Water Demand Management and cost recovery programme focusing on reducing losses, reducing over consumption, and improving cost recovery

b) A part of the programme is being implemented; the intention is to roll it out Nationally in the next Financial Year (2023/24 FY)

---00O00---

Reply:

(1) Yes

(2) Due consideration has been given to the Constitution of the Republic of South Africa as the supreme law of the State, which prohibits violation of rights of all citizens.

(3) Human rights compliant education practice is an ongoing discourse; and the concern is that educators may not all be technically ready to implement the guidelines once published.  Therefore, the Department of Basic Education is working with the South African Human Rights Commission (SAHRC), South African Council for Education (SACE), Equal Education Law Centre (EELC), and the Commission on Gender Equality to ensure proper sensitisation of educators and school communities to circumvent this concern.

Reply:

The Auditor-General of South Africa found that the underspending on Goods and Services in departmental Programmes was due to COVID-19 implications and not a lack of strategic planning or under-capacitated human resources. Given the suspension of all COVID-19 restrictions, the Department shall take all necessary measures to ensure that allocated funds are appropriately spent.

_________________________

Approved by Minister

Ms M Nkoana-Mashabane, MP

Date _____________________

Reply:

• A National Task Team has been established and the following three departments are working in collaboration; Department of Women, Youth & Persons with Disabilities (DWYPD), Department of Small Business & Development (DSBD) and National Youth Development Agency (NYDA) for the sanitary dignity economic value chain program.
• The project seeks to explore entry points and opportunities for increased participation of Women, youth, & Persons with Disabilities (WYPD) in the Sanitary Dignity Program (SDP) value chains.
• The SDP Economic Value Chain is implemented in five sectors namely; Manufacturing, Procurement, Production, Distribution and Disposal.
• The Final report (Business Case) has now been produced.
• The next step is through DSBD is to ensure that the Business Case is to be costed with (NT) based on recommendations in the Business Case and to be ready for implementation in the 2022/23 Financial Year.

________________________

Approved by Minister

Ms M Nkoana-Mashabane, MP

Date:

Reply:

(a) The Department of Basic Education (DBE) will be collaborating with the Education Labour Relations Council (ELRC), South African Council for Educators (SACE), South African Human Rights Commission (SAHRC), School Governing Body (SGB) Associations, South African Principals' Association (SAPA), Education Faculties of Universities and Civil Society Organisations on a dissemination and sensitisation programme for schools.

(b)(i) As the document was endorsed by Council of Education Ministers (CEM), it will need to be re-tabled at CEM for final approval and publication, followed by a dissemination and sensitisation programme for schools.

(ii) The DBE has commenced consultations and engagements with relevant education stakeholders nationally.

(c) The DBE is currently in the process of consultations and engagements with relevant education stakeholders, working through Provincial Educations Departments (PEDs) and Education District Offices.

(i) The DBE is ambitiously aiming to conclude the consideration and incorporation of submitted comments by March 2023.

(ii) Due to delays already experienced in carrying out the consultations that are underway, the process may take a further three (3) months to June 2023 before publication.

(iii) Comments may be sent to [email protected] by 31 December 2022

Reply:

1. National School Safety Framework

The Department has trained schools on the implementation of the National School Safety Framework (NSSF) which is a guiding framework in addressing all forms of violent incidences in schools including gangsterism. The NSSF empowers schools to identify and manage all safety threats in schools, establish school safety committees comprising of stakeholders such as teachers, police officers, school governing body members and learner representative council members. Furthermore, The NSSF also empowers schools to develop incident reporting mechanisms, establish collaborations with external stakeholders such as the South African Police Service (SAPS), the Department of Social Development and civil society organisations, as well as develop school safety plans and policies to respond to safety challenges.

2. Protocol to Deal with Incidences of Corporal Punishment in schools

The Department developed and published a Protocol to Deal with Incidences of Corporal Punishment in schools to highlight the abolishment of corporal punishment in schools and to provide Provinces, Districts and schools guidance on how to deal with issues of corporal punishment. The protocol foregrounds the following areas:

• The steps to be taken by provincial, district, circuit and school Senior Management Team (SMT) in reporting the incidents of corporal punishment in schools;
• The complaints procedures are outlined and the measures to be taken at every level of the system are explicit and include the labour relations processes in response to perpetrators of corporal punishment as well as sexual abuse and harassment;
• In line with the NSSF the Protocol further supports schools in ensuring safe and supportive learning environments that use protective behaviour, positive discipline, restorative justice and positive behaviour intervention support systems.

3. Protocol on the Management and Reporting of Sexual Abuse and Harassment in Schools

The Department developed and published a Protocol on the Management and Reporting of Sexual Harassment and Abuse in Schools, which highlights the illegality of sexual harassment and abuse committed against children in schools, and to provide Provinces, Districts and schools guidance on how to deal with issues of sexual harassment and abuse in schools. The Protocol foregrounds the following:

• The various key legislation that protect children against sexual harassment and abuse which include the Employment of Educators act, 76 of 1998, the South African Council for Educators Act 31 of 2000, the Children’s Act of 2005 and Criminal law (sexual offences and related matters) amendment act, 2007 act 32 of 2007;
• The steps to be taken by provincial, district, circuit and school SMT  in reporting the incidents of sexual abuse and harassment in schools;
• The key stakeholders that schools are required to work with in dealing with cases of sexual harassment and abuse in schools.

4. Partnership Protocol between the Department of Basic Education and the South African Police Service (SAPS)

The Department also has an established Protocol with SAPS to address crime and violence in schools The Protocol has enabled all schools to be linked to their local police stations, SAPS conduct searches and seizures in schools and conduct crime awareness campaigns in schools. Regularly, schools work with SAPS and local community police forums and social workers to address gangsterism issues. Constantly, searches and seizures of illegal drugs and weapons are done in schools and anti-gangsterism campaigns in collaboration with the Department of Social Development and the Department of Justice and Constitutional Development are conducted in schools.   

5. Inter-Departmental Campaign on the prevention of Violence, Bullying, Corporal Punishment, GBBV, Learner Pregnancy, Drugs and Substance Abuse

The Department and its partner Departments: Social Development, Justice and Constitutional Development, Correctional Services, the South African Police Service and the Department of Communications and Digital Technologies have also embarked on an Inter-Departmental Campaign on Violence Prevention. This Campaign raises awareness on issues such as the prevention of bullying, corporal punishment, gender-based violence, teenage pregnancy and drugs and substance abuse in schools. The Campaign has been championed by the Deputy Minister of Basic Education and is supported by other Deputy Ministers from the partner Departments. The Campaign has been targeting districts with high levels of crime and violence known as hot spots. The Campaign includes build up events that take groups of learners through priority content areas related to violence prevention.

Thus far, the Campaign has been rolled out in four provinces: Gauteng (Gauteng West District), Limpopo (Sekhukhune East District), Mpumalanga (Nkangala District) and the North West (Dr Kenneth Kaunda District).  The Campaign also involves Senior Management Teams, School Governing Bodies, learners, parents and ward councillors of the participating schools, in this way the Campaign is a whole school community engagement. The Department intends to continue rolling out the Campaign in other outstanding provinces during this financial year and into subsequent years.

Moreover, districts in collaboration with provincial education departments and civil society organisations also conduct regular awareness raising interventions that advocate for the prevention of violence in schools.  These provincial led programmes include school assembly talks, public debates and dialogues amongst learners.  The DBE monitors these awareness programmes through the District Monitoring of School Safety Programmes annually.

6. Codes of Conduct and Policies

The Department compels all schools to develop and adopt a code of conduct to address ill-discipline of learners. School codes of conduct are aligned with the Constitution of South Africa and child-protection legislation; and are communicated and adopted/ agreed to by all school stakeholders such as SMTs, School Governing Bodies and Learner Representative Councils. School codes of conduct are further supplemented by anti-bullying policies, alcohol and drug abuse policies which contribute towards creating safe and enabling environments in schools.  

Reply:

The Department is facilitating establishment of Gender Based Violence and Femicide Rapid Response Teams (GBVF RRTs) at Local and District Municipality levels. The purpose of these Multi Stakeholder GBVF structures is to coordinate supportive response to GBVF victims and GBVF Prevention initiatives in the Municipalities. The GBVF RRTs are made up of government departments (i.e. Department of Basic Education, Social Development, South African Police Services and other government departments that are key in the fight against the scourge of GBVF). The Civil Society Organisations and other government entities, like the Thuthuzela Care Centres and Victim Empowerment Centres are also represented in these Local Multi Stakeholder GBVF Structures.

_________________________

Approved by Minister

Ms M Nkoana-Mashabane, MP

Date:

Reply:

Find here: Reply

Reply:

(1) The list of the like-minded civil society and interest groups that are part of the Social Inclusion in Education Working Group is enclosed.

(2) (a) Although the intention of the working group is to address all social inclusion matters, when it was established, it sought to address in the meantime the burning issue of socio-educational inclusion of diverse sexual orientation, gender identitiy, expression and sex characteristics.  Due to limited capacity internally at the Department of Basic Education (DBE), it was important to reach out to civil society organisations that work daily at the coalface of similar issues at school and community level, to ensure an efficient, effective, relevant and appropriate education sector response. Establishing a working group is recommended to maintain stakeholder relations.

(b) Yes

(3) The DBE has previously attempted to incorporate civil society organisations representing family values in the working group. However, this approach to group composition proved to be a challenge due to extreme differences in opinion. As such, the DBE has opted to openly engage with civil society organisations representing family values separately, as their voice is valuable and essential in addressing discrimination and oppression of children from a family values perspective.  These engagements have already begun.

Reply:

1. Learner Transport Programme is a shared responsibility between the Department of Basic Education and the Department of Transport. The provisioning of learner transport programme is a provincial competency and the National Departments of Basic Education and Transport monitor the provisioning of learner transport programme in provinces.

Province	(a) Number of Learners	(b) Learner Transport Routes	(c ) subsidized by her department
EC	125071	1608	Learner Transport programme is funded through the equitable share allocations to provinces and not subsidized by DBE
FS	9524	397
GP	190857	677
KZN	73933	672
LP	57636	399
MP	69725	524
NC	25878	408
NW	64450	671
WC	64843	566
TOTAL	681917	5922

2. There are no Public Private Partnerships as the Learner Transport programme is funded through the equitable share allocations to provinces.

Reply:

The online system prioritises place of residence, primary feeder school and place of work and not parental choice for placement of learners. Parental choice is considered after all qualifying learners have been placed. 

Reply:

(1) The farm Edenvale, in the Graaf Reinet district, Eastern Cape Province, is not reflected in the database records of the land claims that were submitted before the cut-off date of 31 December 1998 nor in the database records of claims lodged during the 2014/2015/2016 lodgement period. No claim was lodged on this farm.

(2)(a),(b),(c) Falls away.

END

Reply:

1. The Department of Agriculture Land Reform and Rural Development (DALRRD) conducts visits to CPAs as part of monitoring and/or inspecting for compliance with the Act on a continuous basis as provided in section 11(2) of the Communal Property Associations Act, 1996 (Act No. 28 of 1996). The results of these inspections are reflected in the CPA annual reports, including those referred to the Land Rights Management Facility:

Year	2012	2013	2014	2015	2016	2017	2018	2019	2020	2021	2022
Number of inspections	0	0	0	0	0	0	25	17	38	139	29

2. None. Section 11 of the Communal Property Associations Act, 1996 (Act No. 28 of 1996) does not make provision for requests from members of a communal property association or provisional association to the Director General. Section 11 of the Act provides for a communal property association or provisional association to furnish prescribed documents and information to the Director-General in order to enable him or her to monitor compliance with the provisions of the relevant constitution and the Act.

Reply:

a) Five (5).

b) Four (4) claims have been settled in terms of Section 42D (financial compensation in lieu of lost improvements) but pending is the finalisation of implementation of the beneficiation scheme (post-settlement) facilitated by SanParks.

The 4 land claims are Gomondwane Community, Mahashi Community, Mhlanganisweni Community and Ngirivane-Mathebula Community

The 5th land claim was lodged by Phamneni Community has been published in the Government Gazette. The Commission on Restitution of Land Rights is in the process of appointing a service provider to conduct household verification and is targeted for settlement in the 2023/2024 financial year.

 

END

Reply:

(1)(a),(b),(c) The verification process on the applications received was undertaken in 2001 by the Department of Agriculture, Land Reform and Rural Development (DALRRD) through the appointment of service providers, HSK Simpson and Lima.

(2) Yes. The outcome of the verification process resulted in the database that is being used by DALRRD in processing the labour tenant claims decentralized in all affected provinces.

Reply:

Domestic economic growth is the aggregation of multiple, complex streams of for example: production, consumption, expenditure, imports and exports. These are in turn affected by a wide range of domestic and global factors. It is not advisable to reduce these complex interactions to a simple direct and/or proportional relationship. Subject to this caution, the following information has been provided to me by the dtic.

In the Financial year 2021-22, Foreign direct investment (FDI), measured as investment liability inflows by the South African Reserve Bank (SARB), increased from R17.3 billion at the beginning of the 2021/22 financial year to R39.9bn at the end of the financial year, growing by 130.8% during the 2021/22 financial year. In the same period, GDP grew by 1.3%, from R4.5 trillion (tr) to R4.6trn during the same period. Some studies indicate that in South Africa, FDI and economic growth are positively related (Masipa, 2014[1]; Awolusi and Adeyeye, 2016[2]; Makhoba and Zungu, 2021[3]).

In Quarter 1 2022/23 (April to June 2022), FDI declined (-34.2%) quarter-on-quarter while economic growth contracted (-0.7%) quarter-on-quarter.

Regarding Job creation, in the Financial year 2021/22: Foreign direct investment (FDI), measured as investment liability inflows, by the South African Reserve Bank (SARB), increased from R17.3 billion at the beginning of the 2021/22 financial year to R39.9bn at the end of the financial year, growing by 130.8% during the 2021/22 financial year. During the same period, Statistics South Africa (StatsSA) reported that employment contracted by 0.2%, with employment declining from 14.94 million to 14.91 million. Some empirical studies have found a positive relationship between FDI and job creation in South Africa (see Masipa, 2014).

Quarter 1 of this Financial Year 2022/23, Employment increased by 4% quarter-on-quarter while FDI declined (-34.2%) quarter-on-quarter.

Lags in an increase (or decrease) in investment and a subsequent increase (or decrease) in employment may also not follow in the same year, but may lag the change.

-END-

1. Masipa, T. 2014. The Impact of Foreign Direct Investment on Economic Growth and Employment in South Africa: A Time Series Analysis. Mediterranean Journal of Social Sciences, 5(25), 18-27. ↑

2. Awolusi, OD. and Adeyeye, OP. (2016). Impact of foreign direct investment on economic growth in Africa. Problems and Perspectives in Management, 14(2-2), 289-297. doi:10.21511/ppm.14(2-2).2016.04. ↑

3. Makhoba, BP. and Zungu, LT. 2021. Foreign Direct Investment and Economic Growth in South Africa: Is there a Mutually Beneficial Relationship? African Journal of Business and Economic Research, 16(4). ↑

Reply:

Find here: Reply

Reply:

a)  The purpose of the CHIETA SMART Skills Centre project is aimed at bridging the digital skills divide between urban and rural communities. The Centre’s services are free and include access to data plus training courses aimed at job seekers, business start-ups, and SMMEs that wish to grow their operations. The centre will focus on basic digital skills aimed at addressing the digital skills divide in the district and at helping surrounding businesses and rural community members to learn technology-related skills.

b) (i)The Skills Centre was lunched on 25 October 2022 and will become operational effective from December 2022.

   (ii) Two staff members from Freeport Saldanha Industrial Development Zone will be responsible for receiving the learners and providing access to the various online training programmes. The above personnel will also be assisted by two interns who will be selected from the local community.

c)  The Centre will be opened to both unemployed youth and members of the community. The Centre is expected to target between 5000 and 10 000 unemployed youth over the next three years. This number excludes unemployed adults and other community members who will access the Centre to gain skills as well as to access the free services offered by the Centre including the use of the boardroom by local SMMEs. The Centre will help equip unemployed youth with basic ICT and digital skills needed which will enable them to become more marketable.

Reply:

1. To accommodate thousands of students enrolled at the University of Zululand, the Department of Higher Education and Training (the Department) has taken steps to ensure that the institution build more residences by undertaking of a feasibility. The feasibility study originally targeted the construction of 3500 beds at the institutions Kwa-Dlangewzwa Campus to eradicate student housing backlogs, and the Department is working closely with the institution to finalise the feasibility study.

2. In the short-term, the following measures and interventions were taken. This include the approval of a sum of R235 million from the previous approved funding enabling the institution to develop an immediate number of 783 beds at its KwaDlangezwa Campus while it’s finalising its feasibility study, and the contractor is currently onsite. 

3. The long-term measures and interventions included the following: that the feasibility study should be redirected and focus on two campuses, namely the KwaDlangezwa and the Richards Bay Campuses as the study seeks to address the student housing backlogs at both KwaDlangezwa and the Richards Bay Campuses. One of the interventions seeks to balance the provision of beds by allocating 1500 beds at both campuses to accommodate students enrolled at the institution. 

4. Once the feasibility study has been completed, the Department will work with the institution to determine a suitable funding approach to ensure that the institution builds more accommodation to ensure that most enrolled students are accommodated at the institution’s own accommodation facilities.

Reply:

Find here: Reply

Reply:

(1) (a) the requirements for the UNESCO funding Socio-Educational Inclusion of Diverse Sexual Orientations, Gender Identities, Expression and Sex Characteristics programme were seeking services of a consultant to help the Department of Basic Education (DBE) draft guidelines for schools.

(b) there were no particular directives that came with the funding.

(2) The programme supports the realisation of Pillar 10 (a Rights-based Socially Cohesive and Inclusive School Environment) in the operational framework of the DBE on Care and Support for Teaching and Learning (CSTL). The intention is to ensure social justice and inclusion of previously marginalised minorities.

(3) The DBE is mandated by the Constitution to carry out this work. It is important for the education sector to be deliberate and intentional in addressing discrimination, prejudice and related intolerances that seem to prevent children from realising their inalienable right to education and undermine the constitutional gains of a democratic South Africa.

Reply:

(1) No, the Department has not entered into any agreements with the banking sector to provide loans to missing middle students. However, there have been engagements with banks about the possibility of a loan scheme supported by government guarantees. 

(2) Issues relating to the feasibility of loans were explored in earlier work conducted by the Department, particularly by a Ministerial Task Team that reported in 2016. The findings of this work were incorporated into the report of the Ministerial Task Team, whose recommendations are currently under discussion. The work of this MTT reviewed previous policy advice provided to government. In addition, the report reflected on the findings of the Heher Judicial Commission on the funding of higher education, which included recommendations for an income-contingent loan model, which would include the tax-collection authority. In investigating a possible future loan model, the Department will be mindful of the student debt situation and the feasibility of collecting loans.

Reply:

Find here: Reply

Reply:

1. the dtic does not have any reported corruption cases that have been closed due to the inability to locate key witnesses.

2. the dtic recognises fraud prevention as an integral part of strategic management. the dtic is committed to the elimination of fraud and strives towards maintaining and implementing the highest standard of prevention and detection. the dtic prevents fraud through implementing the following strategies:

a) Prevention Strategy –

1. the dtic has implemented a fraud and corruption email hotline address [email protected] which is on the dtic’s website.
2. Fraud Awareness Training: Employees in the department and provided with Fraud prevention training.
3. Assessment of Fraud Risks: The Office of the Chief Risk Officer (OCRO) within the dtic, conducts annual risk assessments to identify potential fraud risks based on the risk profile of the Department.
4. Internal Control: Internal controls are the first line of defence against fraud and are essential elements in the overall anti-fraud prevention strategy. the dtic promotes an internal control culture through the mapping of business processes to ensure that controls are built in, regular communication on ethics and ethical behaviour in the performance of daily activities, implementation of additional controls to prevent any fraud risks, and forensic investigations where required.
5. Pre-Employment Screening: Screening is an effective means of preventing fraud such as falsifying qualifications or employment history, as well as previous criminal convictions for offences.
6. Disclosure of interests: All staff members are required to disclose their financial interests on an annual basis. Failure to disclose fully incurs disciplinary action.
7. Approval of Other Remunerative Work Outside Public Service: All staff are reminded, via regular communications and newsflashes, to obtain prior written approval of other remunerative work outside the Public Service in terms of Section 30(1) of the Public Service Act. Failure to obtain such approval incurs disciplinary action.
8. Reviewing systems and procedures: When fraud is detected it is referred to the dtic’s Internal Audit unit for an investigation and recommendation of action. the dtic re-assesses the adequacy of the internal control environment and actively plans and implements improvements where required. The instances of fraud are received either through the whistle blowers hotline, National Anti-Corruption hotline or by management.
9. Whistle Blowers protection: Individuals are encouraged to come forward with any information without fear of victimisation as the dtic has institutionalised the protection afforded to whistle blowers by the Protected Disclosures Act by approving its own Whistle Blowing Policy.

(b) Detection Strategy: Despite the existence of fraud prevention programmes, fraud may still occur. An anti-fraud reporting facility via the Presidential hotline and Whistle Blower’s line complements and underpins the commitment of the dtic to fighting fraud.

(c) Response Strategy -

• 1. Disciplinary Action: Subsequent to a full investigation, the dtic takes disciplinary action in all cases where warranted. Any member of staff found guilty of dishonesty or fraud will be considered to have committed a serious disciplinary offence and will be dismissed.
  2. Recovery of money or property lost through fraud: the dtic will actively pursue the recovery of money or property lost through fraud and will refer the matter for criminal prosecution.

(d) Forensic Investigation -

1. In the event that fraud is detected or suspected, the matter is fully investigated by Internal Audit Forensic Investigators.
2. All fraud cases are tabled, discussed and monitored at the Pre-Risk Committee.
3. All fraud cases are referred to SAPS for further prosecution.
4. The findings of the SIU investigation of the National Lotteries Commission (NLC), have been prioritised and is being addressed as recommended in the SIU report. In addition, a fraud and corruption hotline has been created and placed on the NLC website to enable anonymous reporting by the public, of fraud and corruption at the NLC. This hotline is managed by the dtic, independently from the NLC.

(e) Anti-Corruption Unit and measures in progress: An Anti-Corruption unit within the dtic is in the process of being capacitated with the objective of intense focus on anti-fraud and corruption initiatives and measures across the dtic group, inclusive of all public entities reporting into the dtic.

-END-

__________________

Mr Ebrahim Patel

Minister of Trade, Industry and Competition

Date: ….../….../ 2022

Approved/Not Approved

Reply:

Find here: Reply