Questions and Replies

Reply:

The South African Institute for Drug – Free Sport (SAIDS) in their response indicated that (a) 995 of the players participating in the 2022 Craven Week were tested in both out-of-competition and in-competition tests (b) No players tested positive for banned substance during the 2022 Rugby Craven week.

(2). The South Africa Rugby Union (SARU) in their response indicated that a total of 2843 players participated in the 2022 Craven Week. Of the total number 2153 players participated in the Boys Youth weeks and 690 participated in the Girls Youth Weeks.

(3). Yes, players were tested, and no one tested positive for a banned substance.

 

Reply:

1. The dates on which each of the Chief Directors, currently earning a salary at salary level 15, were appointed on this salary level at the (a) national and (b) provincial level are indicated in the table below:

Dates on which each of the Chief Directors earning a salary at salary level 15 were appointed on that level
as on 28 February 2022
Province	Department	Component	Job title	Event date
Eastern Cape	Education		Chief Director: Financial Management Services	2021-10-01
Free State	Office of the Premier		Chief Director	2006-01-01
Gauteng	Human Settlements		Chief Director	2013-12-01
	Office of the Premier		Chief Director	2010-08-01
				2014-04-01
	Provincial Treasury	Infrastructure Financing Agency	Chief Director	2013-09-01
			Chief Director: Project Finance	2016-11-01
		Provincial Treasury	Chief Director	2000-11-01
KwaZulu-Natal	Finance		Chief Director: Municipal Finance	2010-12-01
	Public Works		Chief Director: Corporate Services	2003-05-01
Limpopo	Economic Development, Environment and Tourism		Chief Director: Commercial Operation	2017-06-01
National	Agriculture, Land Reform and Rural Development		Chief Director: Monitoring & Evaluation	2009-12-01
			Chief Director: National Rural Youth Service Corps	2010-12-01
			Chief Director: Policy Research	2012-04-01
	Basic Education		CD: Strategic Planning Research & Co-Ordination	2011-10-01
	Environment, Forestry and Fisheries		Chief Director L14	2008-04-01
				2012-01-01
				2012-04-01
	Government Communication and Information System		Chief Director: Content And Writing	2009-04-01
			Chief Director: Entity Oversight	2015-07-01
			Chief Director: Provincial And Local Liaison	2013-03-01
	Health		CD: CCOD & Occupational Health	2014-12-19
			Chief Director	2010-04-01
	Mineral Resources and Energy		Chief Director: Economic Growth & Global Relations	2014-06-11
	National Treasury	Government Technical Advisory Centre	Chief Director: Financial Management	2008-12-01
			Chief Director: Transaction Advisory Services	2007-09-01
		National Treasury	Chief Director: Legal Tax Design	2014-05-01
			Chief Director: Legislation	2008-07-01
			Chief Director: Regulatory Impact Assessment	2005-11-01
			Chief Director: Tax Specialist	2009-01-26
			Chief Director: Technical Support Services	2013-09-01
			Chief Director: Information Technology	2012-02-01
			Chief Director: Legal Services	2012-04-01
	Planning, Monitoring and Evaluation		Chief Director: Education & Skills	2010-08-01
			Chief Director: Frontline Monitoring & Support	2016-12-01
			Chief Director: Health	2013-04-01
			Chief Director: Social Cohesion Protection & Gender	2011-04-01
	Public Service and Administration		Chief Director: Human Resource Development.	2012-12-01
	Statistics South Africa		Chief Director: Price Statistics	2012-05-01
			Chief Director: Programme Office	2002-05-01
	Trade, Industry and Competition		Cd: Investment Promotion & Facilitation	2015-04-01
			Chief Director: Consumer And Corporate Regulation	2014-05-01
Western Cape	Transport and Public Works		Chief Director	2001-02-01
Data source: PERSAL

2. The reason why the KwaZulu Natal Department of Health is paying the Chief Director: IDMTS on salary level 16 is because an offer of employment was made to him, by the Development Bank of South Africa, on a salary package which fell within salary level 16 in the Public Service. In order to retain his services, a counter-offer was made by the department on the nearest higher salary package compared to the offer received.

The Chief Director in the Gauteng Department of Economic Development, paid on salary level 16, was appointed as the Chief Executive Officer (CEO) of the Cradle of Humankind World Heritage Site and Dinokeng Projects on 1 January 2022. This was done in accordance with the approved organisational and salary structure below:

3. The appointments of heads of departments on salary level 15 and others on salary level 16 is based on the service delivery model of the departments. Furthermore, the size of the departments is also taken into consideration, including client group, geographical distribution and the availability of funds within the Department. As a result, the upgrading of the Head of the Department leads to the upgrading of the lower level posts including the performer level and such leads to an increase in the compensation of employees (CoE), hence the discrepancies of salary levels.

4. This information resides with the Department of Basic Education and will be submitted to the Honourable Member as soon it is available.

End

Reply:

There is no organization that we know as International Institute for Drug-Free Sport.

Reply:

1(a). The South African Institute for Drug–Free Sport (SAIDS) in their response indicated that (a) Due to COVID restrictions and the increased use of webinars, only 2% of the budget was spent on education in 2021/22 years. Generally, expenditure on education is in the region of 10% and expenditure has been further supplemented by a Lottery Grant over the past five years.

(b). Rugby received the most attention pertaining to anti-doping education.

(c). The intervention is in the form of webinars, workshops, and outreach at tournaments.

2(a). With the co-operations of schools and national sports federations, SAIDS has delivered anti-doping talks and outreach to as young as Grade 8 level.

(b). Some sports codes have young athletes that participate at an elevated level (provincial/national) at an early age. Sports such as swimming, gymnastics, and track & field receive anti-doping education services at an earlier age.

Reply:

1. The total project amount awarded is R993 000, 00, and is inclusive of the policy conference amongst other deliverables as outlined in the response to Parliamentary question 3343.

2. The Departmental applied its internal SCM Procurement Process through Request for Quotations (RFQ) which is within an R1 000 000, 00 quotation threshold recommended by SA Treasury.

Reply:

a) In the past five (5) financial years, the Government of the Republic of South Africa has not provided any financial support and/ or loans to Zimbabwe.

b) However, following an appeal for assistance from the Zimbabwean Government, the South African Government, through the African Renaissance Fund (ARF), provided R50 million worth of humanitarian aid to Zimbabwe following the 2019 Cyclone Idai which destroyed infrastructure and left scores of people homeless and without food. The aid was in the form of 450 000 x 12,5 kg of maize meal procured from South Africa and delivered to Zimbabwe. This project was completed in February 2022.

Reply:

1. The amount awarded is based on the three quotations which were received. They were assessed and an appointment was made.

2. A Request for Quotations (RFQ) for a project within R 1 000 000, 00 Treasury Threshold was used.

3. Terms of References were detailed as indicated herein below:

This is a national policy which requires participation and input from DSAC, Task Team, Provincial Departments and theatre and dance sub sector organizations. The service provider will therefore be required to work closely with all indicated stake holders.

The service provider to use Treasury Remuneration rates (Category C Subcategory C2) to pay 18 Task Team Members attending National conference.

The service provider to submit a project close out report by September 30, 2022.

(d) This budget came from Goods and Services Budget item of the CCID Budget

2.According to the best knowledge of the Department no people and / organizations were deliberately excluded at the expense of the other hence a virtual link was created as an additional platform for everyone to participate in the conference.

1. The conference invited 10 Provincial Delegates per province.

a) These delegates were selected through a process that involved Theatre and Dance Task Team Members and Provincial Departments.

b) The guideline was to select active theatre and dance stakeholders who have insight and vision of how theatre and dance sector should be transformed to address the nine focus areas of the conference.

Reply:

South Africa’s infrastructure is being stripped at an unprecedented rate with a substantially negative impact on government, citizens and the economy. The objective of the proposed measures (which include prohibition on scrap metal) is likely to lead to a material reduction in the theft of metal from the country's infrastructure. The details setting out the rationale for and proposed modalities of such restriction, were published in the Government Gazette for public comment.

Over the past decade research has pointed to 26 developing and developed countries (the latter including the European Union) who have imposed different forms of restrictions on the export of scrap metal for a variety of reasons, including environmental reasons or to ensure domestic supply. Some countries have imposed export restrictions on scrap metal to curb criminality and the destruction of infrastructure.

Government has consulted with external lawyers regarding the legality of the proposed measures and believe them to be compliant with international trade obligations.

-END-

Reply:

1. Additional reasons for the withdrawal of cases infra:

a) Mandla Mahlangu

It was alleged that the suspect posted a video inciting violence. However, the person who took the video could not be traced. The matter was accordingly withdrawn by the Director of Public Prosecutions: Mpumalanga Division.

b) Sibusiso Mavuso

It was alleged that the suspect went to Westonaria Pick ‘n Pay and demanded that the manager close the store. He was not wearing a mask, contrary to the Disaster Management Act. It was further alleged that he posted a message on Facebook that allegedly incited violence.

The Director of Public Prosecutions: Gauteng Local Division cited the following reasons:

• The conduct at Pick ‘n Pay did not comply with the definition of the crime of intimidation. There was however a failure to wear a mask. The witnesses were consulted and contradicted each other materially on the failure to wear a mask.
• The Facebook post does not amount to any criminal offence at all. It is open to different interpretations and as such there is insufficient evidence with no reasonable prospects of success.

c) Mbonani Clarance Tabane

It was alleged that the suspect called for the blockading of roads and burning of tyres. The Director of Public Prosecutions: Gauteng Local Division reported that:

• The young witnesses and the informant refused to submit statements.
• No witness heard the accused instigate anyone.
• The matter did not relate to the July unrest but a service delivery protest.
• The matter was then withdrawn due to insufficient evidence.

d) Joe Bernington Mabaso

Allegedly charged for incitement based on information received from a whistle-blower. The Director of Public Prosecutions: Gauteng Local Division provisionally withdrew the matter pending a statement from the whistle-blower.

Investigations is still underway and guided by the NPA.

e) Montsamai Phineas Letsoalo

It was alleged that the suspect allegedly instigated looting. The matter was provisionally withdrawn by the Director of Public Prosecutions: Free State pending outstanding digital forensic investigations by the DPCI. The case docket has not yet been resubmitted to the prosecution for a decision.

2. In the Sibusiso Mavuso matter (as mentioned in 1(b) above), the detectives recently advised that the video footage of the suspect at Pick ‘n Pay had gone missing. They have been instructed to continue their search thereof.

3. There is no indication that any of the matters were withdrawn due to negligence on the part of the South African Police Service in the (a) handling of evidence and/or (b) the chain of command being broken.

END

Reply:

1. The Ministry of Higher Education has advised us of the following successes in addressing Human Resource Development challenges which South Africa is faced with, relating to poverty and youth unemployment:

•  

1.1 Regarding University Education

• Two new Universities have been established in the Northern Cape (Sol Plaatjie University) and Mpumalanga (University of Mpumalanga) to expand access to post school opportunities.

• Additional two Universities are in the process of being establishment (University of Science in Ekurhuleni and University of Crime Detection in Hammanskraal). Preliminary work on the location including the assessment of the demand and supply-side mapping for each University has been undertaken.

• Preliminary enrolment data for the 2021 academic year shows 1 047 758 students have been enrolled, 29 percent of enrolments during 2020 were in Science, Engineering and Technology.

• Eight (8) of the ten (10) accredited Universities to offer TVET related programmes to improve the qualifications of teachers at TVET colleges have since commenced with offering TVET programmes.

•  

1.2 Regarding Technical and Vocational Education and Training (TVET)

• Through the recommendations of the Human Resource Development Council (HRDC), measures were put in place to reposition TVET as an important skills development sector to incrementally produce the required numbers of artisans.

• According to the Department of Higher Education, TVET sector has expanded, and enrolments amongst the youth has been recorded as follows:

• Student enrolments in TVET colleges have reached 452 277 in 2020 and targeted to increase;
• Eight (8) of the 13 new TVET college campuses have reached 100% completion (Msinga, Umzimkhulu, Nongoma, Aliwal North, Ngqungqushe, Graaf Reinet, Thabazimbi & Nkandla A). The remaining sites are 68-99% complete;

• Thirty four (34) Centres of Specialisation have been established at TVET colleges focusing on 13 critical trades required for the economy;

• 6 779 TVET graduates have been placed with industry and across government departments;

• Seventeen (17) Entrepreneurial hubs have been established in 17 public TVET Colleges across the country;

• Three (3) Water and Climate Smart Agriculture Greenhouses have been established in TVET Colleges.

1.3 Regarding Community Education and Training Colleges (CET)

• According to the Ministry of Higher Education, the Community Education and Training institutional landscape has been reconfigured and rationalised from 3 279 community learning centres to 1791 learning sites (200 Community learning centres and 1691 satellite centres) in the interest of quality, access and available budget.
• Nine (9) CET colleges have since been established and are functional.

• All nine (9) Colleges have functional councils appointed in terms of the Continuing Education and Training Act, Act No 16 of 2006. Their term of office will end in October 2025.

• Programme offering at CET colleges has been improved to include entrepreneurship and Digital programmes. A register of programmes approved by the Director-General is issued on an annual basis.

• The Department of Higher Education hosted the first ever CET summit in March 2022 to position the CET sector to move into mass skills provision. R200 million has been made available through the National Skills Fund to assist colleges in this regard.

1.4 Interventions by the National Skills Fund (NSF)

• According to the Ministry of Higher Education, the National Skills Fund has since 2018, disbursed a total of R7.97 billion to a variety of skills development programmes benefiting 407 495 individuals. Targeted areas included the following categories:
  • Agricultural and rural skills development;
  • Information technology;
  • Promotion of small, medium and micro enterprises;
  • Worker education;
  • Capacity development in the PSET sector;
  • Scholarships and bursaries (domestic and international);
  • Research efforts;
  • TVET infrastructure building;
  • Funding NSFAS shortfall;
  • People living with disabilities have also been funded by the NSF.

1.5 Artisan Development and Workplace Based Learning Opportunities

• One of the major successes of HRDC is the Artisan Development. Through the recommendations of the Council, measures were put in place to reposition TVET as an important skills development sector to incrementally produce the required numbers of artisans. This was made possible by mobilising government to make funding available to improve access.

• The HRDC established a Technical Task Team on Artisan Development which has assisted in ramping up the artisan development.

2. The following are key challenges in Human Resource Development as identified by the Ministry of Higher Education in addressing critical issues of poverty and youth unemployment:

2.1 One of the major challenges is the poor performance, and declining economy. This has had far reaching implications in opening up workplaces by the industry for workplace based learning opportunities. This has led to a decline in employment, especially among the youth. Government recognises the critical importance of capable human resources as a key driver of economic development. In an endeavour to mitigate the impact of the pandemic and the looming socio-economic ‘crisis’, government adopted an Economic Reconstruction and Recovery Plan with a view to address the challenge of the declining economy and youth unemployment, amongst others.

2.2 The outbreak of the Coronavirus pandemic has worsened an already vulnerable economy, and it’s devastating effect has further deepened the crisis, largely affecting youth, in both relative and absolute terms.

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Reply:

a) Since the advent of democracy the services of Master had to cover all South African citizens, but that happened only some eight years later with the Constitutional Court’s decision in the Bhe-matter, declaring Reg. 200 of the Black Administration Act unconstitutional and ordering that the Master should now deal with all deceased estates in the country.

The Master’s Office received a huge influx of work since then, but the office is properly capacitated. This is where the Masters’ struggle against backlogs started. Years of being understaffed, ever increasing workload, COVID, system and network challenges, to name but a few, as well as lack of sufficient budget, undermine efforts of the Masters offices to function optimally.

In spite of all of this, the clearing of the backlog is included in indicator 5.9 of the approved Annual Performance Plan 2022/23 for the Master’s Branch, as one of the turnaround strategies to be implemented.

During Quarter 1, the offices determined their backlog and created the baseline lists of matters outstanding. During Quarters 2 and 3, the offices will attend to these matters, by also making use of overtime, in order to reach the Masters indicated target of 100% of the determined backlog cleared by 31 December 2022.

It should however be noted that this target can only be achieved in an enabling and stable work environment and can thus be negatively impacted by the following risk factors:

(i) Stability and availability of the electricity supply to offices (loadshedding is delaying finalisation of matters even during scheduled overtime periods);

(ii) The Department stabilizing and improving the IT systems to enable officials to work seamlessly and without downtime and system errors (e.g. for more than a month now, the Department has been experiencing network and hardware related problems, in which is affecting performance and connectivity to the applications used by the Masters – to date this has not been resolved);

(iii) Stability in the availability of the workforce, mindful of the fact that the wage negotiations have not been finalized and Labour Unions may still call on officials to down tools;

(iv) Finding the critical posts once a scientific determination of appropriate capacity for Masters. Some offices are critically understaffed and do not have the luxury of having time on hand to attend to extra work, whilst also adequately assisting the public, queues and correspondence on a daily basis;

(v) Successful and speedy procurement of new printers as well as multi-functional scanners to ensure better operations.

b) The Eastern Cape has four (4) Master’s Offices, namely Mthatha, Grahamstown, Bisho and Gqeberha.

Furthermore, the Paperless Estates Administration System (PEAS), which computerises the administration process related to deceased estates, has successfully been rolled out and is being used by 290 service points (Magistrate Courts) country wide, of which 27 (including Mt Ayliff) falls within the Mthatha Master’s Office jurisdiction, 11 in Grahamstown’s jurisdiction and 8 in Port Elizabeth’s jurisdiction, (please indicate number of Service Points for Bisho as well).

All Magistrate’s Offices are Service Points of the Master, but the rolling out PEAS to Service Points enables those Service Points to do estate of a higher value, as they are linked with the relevant Masters’ offices, who then are able to oversee the appointment process in those Service Points, and thus ensuring that the whole country receives the same service and are able to access the same quality of services provided directly at Master’s Offices, without the need to travel long distances to the 15 Master’s Offices countrywide. This is to bring services to the people and underscore the drive for access to justice.

The following estates may be reported at Service Points (Magistrate Courts):

- If the value of the assets is, or appears to be, below R125 000, and the deceased did not leave a will, it can be reported at any Magistrate’s Court in the region where the deceased resided prior to death;

- If the value of the assets is, or appears to be, below R250 000, and the deceased did not leave a will, it can be reported at any Magistrate’s Court in the region where the deceased resided prior to death, where the Paperless Estates Administration System (PEAS) has been rolled out.

All other estates need to be reported at the Master though, but it should be noted

that the reported documents can also be posted or couriered to the Master – the

family need not be physically present at a Masters to report an estate.

Future plan involves the online systems which will cause people with requisite knowledge to report estate from their knowledge to report estate from their homes or offices. Reducing footprint of walk-ins in the Masters offices.

END

Reply:

1. The month of August is dubbed TVET Month on the calendar of my department. During this month, all the 50 public TVET colleges embark on various activities, including but not limited to, having direct engagements with the youth and especially employers/industry with the aim of profiling TVET colleges and their programme offerings. The programme exposes and encourages young people to consider careers with artisanal, vocational and technical skills. The main target audience for the TVET College Month are Grade 9 to12 learners, out of school and unemployed youth, College students and industry. Furthermore, my department has open week awareness campaign and artisan week campaign both to encourage learners and particularly female learners and students to enrol for STEM careers.

2. (a)(i) Since 2018, my department has embarked on a plan to review and update programmes and qualifications offered at TVET Colleges in order to align them with the needs of the rapidly changing economy and society. In this regard, at least 60 subjects of the Report 191 programme since 2018 has been revised and updated. Furthermore, my Department offer bursaries such as NSFAS, NSF, SETAs, NRF and international scholarship to encourage learners and students to follow STEM. (ii) In 2013, my Department launched the Decade of Artisan campaign to promote artisanship as a career of choice for South Africa’s youth. The campaign was launched under the theme “It’s cool to be a 21st Century Artisan”. The importance of this programme is to ensure that we develop the required artisans to successfully implement our country’s strategic infrastructure projects, which included the building of roads, schools, universities, harbours, power stations and economic infrastructure. Public colleges and universities are working hard to establish partnerships with key role-players such as the industry and the Sector Education and Training Authorities (SETAs) for workplace opportunities.

 

(b) Mr Zondo, there are already STEM subjects offered in TVET colleges (i.e.science, technology, engineering and mathematics) across a number of programmes.

We already fund the Pre-Vocational Learning Programmes (PLP) which is to strengthen students who wish to pursue the STEM stream. A further significant step towards funding STEM initiatives is to provide laptops to lecturers and students. This is something that we must seriously pursue for IT and engineering students.

Reply:

a) In terms of the current database the total number of drug rehabilitation centres in the country is 297. It is very important to indicate that the database of registered drug rehabilitation centres is updated on an ongoing basis. The update is based on the number of registered centres in terms of the Prevention of and Treatment for Substance Abuse Act, No.70 of 2008.

b) (i)The number of treatment and rehabilitation centres that offer services for free is 169.

(ii)The number of patients each centre accommodate depends on the centre’s bed capacity (see annexure A).

Reply:

The guidelines set by the Truth and Reconciliation Commission (TRC) on page 86 of volume 1 of the TRC of South Africa Report states the following:

a) The TRC Report stated that it adopted a closed-list approach in order not to impose a huge burden on government in that “there would be no value in simply handing the government a list which included a broad category of unidentified persons for consideration as victims deserving of reparations”.

b) The TRC Report further stated that the “Commission had made considerable efforts to reach all parts of the country and to disseminate information on how to make a statement. Those who had chosen not to do so should not, therefore, be included”.

c) The TRC did recognise that “some had elected not to make statements as a matter of political choice”.

d) nThe TRC indicated that “it would have been unrealistic to give the government what would in effect, have been an open-ended list and, on this basis, to expect the state to make a commitment to paying reparations”

The TRC resolved to confine the number of victims eligible for reparations to three (3) areas:

a) Victims who personally made statements to the Commission.

b) Victims named in a statement made by a relative or other interested person for example a colleague, friend or neighbour. These are statements made on behalf of and in the interests of specific persons.

c) Victims identified through the amnesty process.

What is the position in this regard to a large number of South Africans who were excluded from the TRC restitution and who still suffer from the effects of Apartheid?

In terms of current legislation, the President’s Fund effectively makes reparation payments only to victims who made statements to the TRC before 15 December 1997, and who are declared as TRC identified victims of gross human rights violations.

What amount of the President’s Fund has been used in providing economic restitution to the victims who were excluded?

There is no amount from the President’s Fund that has been used to provide reparations to victims who did not make statements to the TRC before 15 December 1997, and who are not declared TRC identified victims of gross human rights violations.

Reply:

(1) The Agriculture and Agro-Processing Master Plan (AAMP) was signed off on 12 May 2022, subject to an agreement among social partners, that all “unfinished business”, including details of the monitoring and implementation plan of the AAMP, be captured in Track 2 of the AAMP:

(a) The Department of Agriculture, Land Reform and Rural Development (DALRRD) has to date communicated and agreed to an approach towards the finalisation of Track 2 and await social partners’ responses for suitable dates to kick start the process. Social partners requested time to formulate a collective response to identified issues. DALRRD aims to finalise Track 2 for Cabinet approval by November 2022 subject to, and dependent on social partners reaching final agreement by end October.

(b) The roll-out of the AAMP will follow the sign off of Track 2, scheduled for November 2022. In preparation, the DALRRD is currently in the process of finalising the operational plan of all government related AAMP commitments. The operational plan of government commitments will be finalised for Cabinet approval, along with Track 2.

2) Yes. DALRRD is in the process of consulting on a new integrated approach to programme and project approvals and has found that provinces are not only capable, but eager to usher in the AAMP approach of aligning projects to identified AAMP related value chains.

(a) Unfunded AAMP commitments will be prioritised through DALRRD’s MTEF process, and unspent funds will be channelled towards AAMP priorities.

(b) The AAMP will not be funded by one specific line function but through the existing budgets of all line functions.

Reply:

1. Yes. The department does have a Unit that is responsible for the function of drafting legislation as part of the overall responsibilities within the Chief Directorate: Legal Services.

(1)(a)   The current staff complement constitutes of two posts of Director: Litigation and   Senior Legal Administration Officer (MR6).

(1)(b)   Qualifications of each member is as follows respectively:

• Director: Litigation - B. Proc (Law) and National Senior Certificate;
• Senior Legal Administration Officer: B- Tech Correctional Services Management, Bachelor of Law and National Senior Certificate.

2. The Department is in the process of capacitating the Unit responsible for the drafting/review of the departmental legislation through creation of a contract post(s) within the scope of Occupation Specific Dispensation for Legal Officers as applied in the Public Service.

It should also be noted that the Director Litigation reports directly to the member Senior Manager Service (Deputy Commissioner on salary level 14) responsible for the entire function of legal service in the Department.

The post establishment of the Chief Directorate Legal Services is a total of 24 posts, of this number 14 are filled and 10 are vacant.

Reply:

The Insolvency Act, 1936 (Act No. 24 of 1936) (“the Act”) is part of apartheid era legislation which the Department is currently reviewing with the aim of aligning the legislation with the Constitution of the Republic of South Africa, 1996 , and modernising the legislation.

One of the objectives of the draft Bill is to create a legislative framework that is based on the balancing of the conflicting interests of the stakeholders in insolvency proceedings, as opposed to the current legal framework that places emphasis on the best interest of the creditors.

The Department is currently processing a draft Insolvency Bill (the draft Bill”). The issue raised is provided for in section 9(1) of the Act. According to this section a creditor who has a liquidated claim for not less than fifty pounds against a debtor who has committed an act of insolvency, or who is insolvent, may petition the court for the sequestration of the estate of that debtor. Clause 2 of the draft Bill deals with this aspect of the question.

With the assistance of the Reserve Bank, the value of the 50 pounds was calculated at around R22 500 (and 100 pounds is estimated at R45 000) during the last quarter of 2019 (when the clause was crafted).

With regard to the second part of the question, clause 116 of the draft Bill intends to introduce pre-liquidation composition, which allows a debtor with debts not exceeding R300 000, irrespective of their source, to offer a composition to creditors, before the commencement of liquidation proceedings.

Rule 46A of the Uniform Rules of Court requires that judicial discretion be exercised before the primary residence of a judgement debtor is attached with a view to selling it in execution. Rule 46A is not applicable to a debtor whose estate is in sequestration. The Department will, as the Bill is processed further, review the current status, that is, the absence of judicial oversight with regards to the execution of the residential property of a debtor who is in sequestration the light of the provisions of section 26 of the Constitution, which provides for the right to access adequate housing.

Whilst the draft Bill is being processed there are measures in legislation available to persons who are over indebted. Section 74 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944) provides for an administration order procedure, which has been described as a modified form of insolvency proceedings. The National Credit Act, 2005 (Act No. 34 of 2005) has introduced debt review as an alternative to sequestration. The Act makes provision for post liquidation composition, and if the offer of composition has been accepted by creditors the insolvent may apply for rehabilitation, which has the effect of putting an end to sequestration proceedings.

END

Reply:

1. Mr Orifile Oratile Sedika

It was alleged that the suspect published social media posts calling for attacks on malls including the Waterfront Mall in Bloemfontein. The matter was struck from the roll due to the delays in finalising the investigations. It is reported that the investigation is now complete, and the matter is with the office of the Director of Public Prosecutions: Free Sate Division for a decision once again.

2. There is no reported evidence that the negligence of the South African Police Service in any form and/ or part caused the delay in the investigation.

3. Zamaswazi Zinhile Majozi

It was alleged that the suspect used her Twitter account to call for looting and public unrest. The Director of Public Prosecutions: Gauteng Local Division withdrew the matter and advised that although the suspect was opinionated, she had refrained from endorsing her followers’ violent actions. There was insufficient evidence to give the court an insight into the suspects state of mind.

4. There was no reported evidence that evidence was destroyed, lost and / or tampered with and / or that the chain of command was broken which contributed to the decision not to prosecute in the Majozi matter.

5. There is no reported evidence that the decision not to prosecute was due to the negligence and /or delay of the South African Police Service in any form.

Reply:

No. The Agri-village model is a programme that provides farm dwellers with an opportunity to have security of tenure, access to basic services, and sustainable livelihoods. The programme is not meant to address evictions. The Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997) (ESTA) protects the rights of farm dwellers against unlawful evictions, and the Department of Agriculture Land Reform and Rural Development working with Legal Aid SA provides legal representation to farm dwellers to defend them against such unlawful evictions.

Reply:

1. The Protected Disclosures Act, 2000 (Act No. 26 of 2000), as amended with effect from 2 August 2017, does not provide for offence-specific disclosures. The term “disclosure” is defined as any disclosure of information regarding any conduct of an employer or of an employee or of a worker of that employer, made by any employee or worker who has reason to believe that the information concerned shows or tends to show one or more of, amongst others, the following:

a) That a criminal offence has been committed, is being committed or is likely to be committed;

b) That a person has failed, is failing or is likely to fail to comply with any legal obligation to which that person is subject; and

c) That a miscarriage of justice has occurred, is occurring or is likely to occur.

The Act governs disclosures in all employer/employee relationships. The Act was amended in 2017 to extend the ambit of the Act beyond the ordinary employee/employer relationship by the introduction of two (2) new definitions, namely: that of “worker” and “temporary employment service”.

The amendment of the definition of “employee” was intended to clarify that persons who have worked for another person (for example: former employees) or assisted in carrying on the business of an employer are also included within the meaning of the definition.

The ambit of the Act was also extended to include persons who are employed by temporary employment services. The introduction of the definition of “worker” was based on two (2) reasons. Firstly, independent contractors are not considered as employees in terms of labour legislation and are expressly excluded from the reach of the remedies contained in the labour legislation. Secondly, by defining the term “worker” separately the protection offered by the Act has now been extended to independent contractors, agents and consultants.

The Protected Disclosures Amendment Act, 2017 (Act No. 5 of 2017), also amended the definition of “occupational detriment” to introduce two (2) additional forms of occupational detriment that an employee may be subjected to as a result of having made a protected disclosure, namely:

(i) reprisals such as defamation suits and suits based on the alleged breach of a confidentiality agreement or duty; and

(ii) to include a specific form of detriment typically experienced by contract workers, namely: the loss of a contract or the failure to be awarded a contract.

These amendments, among others, sought to provide protection to whistleblowers in any type of disclosure, not only procurement related, and intends to include the broadest possible protection when disclosures are made by not limiting it to specific actions. There is therefore no need to amend the Act to include procurement related matters as these matters may be disclosed in the context provided in the Act.

2. Research and a benchmarking exercise is being conducted by the Department into the current legal framework relating to witness protection. Proposals to include all whistleblowers within the ambit of the Witness Protection Act, 1998 (Act No. 112 of 2018), and not just witnesses, are being considered. There is currently an entity established in terms of this Act known as the Office for Witness Protection. We are considering the cost implications and an appropriate funding model for the expansion of the current framework.

END

Reply:

(a – d)

Travelling of all persons through our international borders, irrespective of their sex, gender and sexual orientation, is regulated through the Immigration Act No 13 of 2002 and South African Passports and Travel Documents Act No 4 of 1994. Section 9(3)(a) of the Immigration Act states that, “No person shall enter or depart from the Republic unless he or she is in possession of a valid passport, and in the case of a minor, has his or her own valid passport. Subject to the provisions of this Act, every South African citizen shall be entitled to a South African passport”. Section 3 of the South African Passports and Travel Documents Act states that, “Subject to the provisions of this Act, every South African citizen shall be entitled to a South African passport”.

In administering these legislation, the Department observes the provisions of the Constitution of the Republic, Act 108 of 1996. Section 9(3) of the Constitution provides that the State may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. Therefore, the rights of tourists and travelers from the lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) community are protected through the Bill of Rights.

As far as transgender travellers are concerned, the Department does not refuse entry to visitors who carry non-binary passports; that is, passports that do not indicate a person’s gender. As for SA citizens, the current legislation only allows for the issuing of binary passports; that is, passports that indicates a person’s gender (male or female). The Official Identity Management Policy, which was approved by Cabinet in March 2022, recommends the introduction of non-binary identification documents. Subsequent to Cabinet approval of the Official Identity Management Policy, the Department began with the process of drafting the new Identification Act which will also impact on the current SA Passports and Travel Documents Act. The plan is to submit the new Identification Act to Cabinet by March 2023 to request approval for public consultations. It is anticipated that the new legislation will be tabled in Parliament during the 2023/24 financial year.

END

 

Reply:

(a)

(b) (i) (ii) (iii)

(c)

(d) (i) (ii) (iii)

The Department has not conducted any research with reference to remote working visas. However, the President in his State of the Nation Address on 14 February 2022 announced that he had appointed former Department of Home Affairs Director-General, Mr Mavuso Msimang to review the Visa Regime.

I therefore request the Honourable De Freitas to await outcomes of the report.

END

Reply:

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Reply:

1. The NSSF remains our primary strategic response to school violence. It is a comprehensive approach that coordinates and consolidates all school safety interventions in the sector.  The NSSF is based on a social ecological systems model which locates the school within its broader community.  It relies on collaboration and partnerships for a more coordinated approach to responding to school violence. The NSSF provides the framework within which:

a) All schools have active school safety committees and school safety plans based on an audit of needs are in place and are reviewed frequently.

b) School perimeter is secured (fenced) and access controls (guard and/or surveillance) are in place and managed. Infrastructure plans for 2018/19 are informed by the Audit of the Districts’ school fencing coverage which highlights the schools that need to be prioritised.

c) School codes of conduct are aligned with the Constitution of South Africa and child-protection legislation; and is communicated and adopted/ agreed to by all school stakeholders.

d) Corporal punishment is prohibited by law and alternatives on positive discipline are implemented in all schools.

e) Protocols are in place to inforce consequence management timeously and is consistently applied when responding to contraventions that put the learning environment at risk.

f) Schools have systems in place to report violent incidences and criminal behaviour at local police station, to district and provincial office bearers and SACE.

g) Schools have established relationships with their intergovernmental counterparts: Departments of Social Development; Health and Justice, to progressively ensure services such as counselling services (SBSTs); medical examinations and access to justice are effective and in the best interest of the child.

2.(a)Since its inception in 2015, no formal review of the NSSF has been undertaken.  However, through the annual district monitoring process some challenges have been identified.  A major challenge includes the functionality of School Safety Committees.   To this end, measures have been undertaken to ensure that all School Safety Committees are trained, including all school personnel (educators and support staff).  There have also been additional Protocols developed to facilitates the implementation of the NSSF.  These include the Protocol to Deal with Incidences of Corporal Punishment in Schools and Positive Discipline; and the Protocol for the Management and Reporting of Sexual Abuse and Harassment in Schools. (b)The DBE intends to commission a new National School Violence Study (NSVS) which will inform the review of the NSSF.

3.(a) The DBE programmes are rolled out in ALL public schools (which includes schools in rural arears).  All seventy-five (75) districts are monitored and supported in the implementation of Safety in Education, Sport & Enrichment in Education and Social Cohesion & Equity in Education programmes.  Interventions are targeted at districts where challenges are identified and no school is left behind.  (b)  The interventions provided include training on the NSSF as well as the Protocol for the Management and Reporting of Sexual Abuse and Harassment in Schools for (i) learners (RCL) and (ii) educators.   All schools have School Based Support Teams (SBST) whose role is to ensure that there are mechanisms in place to report violence as well as ensure that support and referral systems are in place.

Reply:

1.  Honourable member DNA tests are conducted for many reasons in the department and not just for people to prove their nationality. The test can be conducted for proving parenthood of South Africans themselves.

Unfortunately, there is no waiver of fees process in place by the department for the parents who cannot afford DNA tests, as the fees and tariffs hereto are administered by the National Health Laboratory Services (NHLS). The institution is not dictated to by the Department of Home Affairs as it is a Department of Health facility.

The Department however has a Memorandum of Agreement with the Department of Health. Presently the two departments are exploring a possibility of provision of paternity tests free of charge or at a minimal fee to indigent clients if the Department of Health agrees.

2. Obviously, these are indigent people who are referred to the Department of Social Development to assist.

END

Reply:

The reporting requirements have not been removed on the draft Regulations relating to Minimum Uniform Norms and Standards for Public School Infrastructure. The draft was published for comments by the public, and these comments are currently being consolidated. On completion of this exercise, the draft based on comments received will be taken through a process of consultation before a final document is gazetted.

Reply:

(1) The source of drinking water for Doornkop area is potable water that is supplied through a reticulation network system from Doornkop Reservoir. The water supply capacity and infrastructure servicing Doornkop is deemed adequate as there have been no documented prolonged water outages that could point to supply limitations.

(2) Information received from Johannesburg Water is that there are no boreholes in Doornkop. The City of Johannesburg Water supplies water to the informal settlements in the area through standpipes or stationary water tanks which are filled by mobile water tankers on a regular basis.

(3) Not applicable.

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Reply:

a)  The Joe Gqabi District Municipality (JGDM) operates twelve (12) Waste Water Treatment Works (WWTW) in the Walter Sisulu and Senqu Local Municipalities. The status of the WWTW and pump stations is as follows:

(i) Details regarding the state of the WWTW:

• In the Walter Sisulu LM, there are six (6) wastewater treatment plants of which five (5) are functional and one (1) is non-functional
• In the Senqu LM, there are six (6) wastewater treatment plants, five (5) are functional and one is non-functional.

(ii) Details regarding the state of the Pump Stations:

• In the Walter Sisulu LM, there are eight (8) pumpstations, four (4) are funtional and the other four (4) are non-functional
• In the Senqu LM, there are five (5) pumpstations that are all functional.

b) Reasons for failures of the WWTW were mostly due to mechanical and electrical failures as well as theft and vandalism of electrical equipment and cables, particularly at pump stations in the Walter Sisulu LM.

c) Funding has been availed from various sources; including the District Municipality’s internal funds, Water Services Infrastructure Grant and Regional Bulk Infrastructure Grant from Department of Water and Sanitation; to facilitate the repairs of the non-functional plants. Progress is as follows:

• New pumps have been purchased by the Walter Sisulu LM to replace the non-functional pumps
• Repairs were recently completed to WWTWs in at Oviston, Venterstad in the Walter Sisulu LM and and Herschel in the Senqu LM
• A contractor to refurbish the Steynsburg WWTW in the Walter Sisulu LM has been appointed and is already on site
• Project plans are awaiting approval for the refurbishment of the Sterkspruit WWTW in the Senqu municipality
• The Joe Gqabi DM has responded well to the notices and directives issued by the Department of Water and Sanitation (DWS) and will be reprioritising the WSIG funds to address the challenges

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Reply:

a) Currently the Department, does not disaggregate children’s birth certificate according to whether they have a single parent or not. The Department intends to develop a system that generates data related to the above. However, data for both parents is contained in the unabridged birth certificate.

b) Section 9 dealing with Notice of birth in subsection (1) of the Births and Deaths Registration Act (Act 51 of 1992) states that, in the case of any child born alive, any one of his or her parents, or if the parents are deceased, any of the prescribed persons, shall, within 30 days after the birth of such child, give notice thereof in the prescribed manner, and in compliance with the prescribed requirements, to any person contemplated in section 4. There is no provision made in terms of the Births and Deaths Registration Act (Act 51 of 1992) for both parents to register children on their birth certificates.

Reply:

(1) and (2) The Honourable member to note that the appointment in the public sector positions in the Department of Basic Education and the entities reporting to the Department are governed by the rules and regulations as outlined by the Public Service Act and the Public Service Regulations of 2016. 

Reply:

Cybercrime refers to illegal internet-enabled activities that are perpetuated using computers. This is a global problem that transcends national boundaries. The cost to the global economy is estimated at $7 trillion US dollars. South Africa, being a global citizen and with our developed infrastructure – be it in sectors such as financial, communication, transportation, government, health, education or energy – is an attractive target for cybercriminals who use the Internet for extortion, fraud, child sexual exploitation, human trafficking, identity theft, disruption of critical services, selling illicit goods, and so forth.

The Honourable Member will be aware that in 2020, this Parliament passed the Cybercrimes Act to delineate offences that constitute cybercrime. The Act places the South African Police Service at the driving seat to investigate, combat and prosecute cybercrime. The Act bestows specific powers and responsibilities upon the Cabinet member responsible for policing, such as issuing Standard Operating procedures to be observed by the South African Police Service or any Law Enforcement Agency authorised to investigate any offence in terms of the law.

More specific to your question Honourable Member, Chapter 8 of The Act on reporting obligations and capacity building, sections 54(1) and 54(2), is very clear in terms of the reporting of cybercrime, to whom cybercrime must be reported and the role of the Cabinet member responsible for policing in terms of classifying offences to be reported and how reporting must be done.

Of course as the Cabinet member responsible for State Security, I am informed of matters that raise the national risk and threat posture. When malicious activities in cyberspace and anywhere else surpass the threshold of criminality and threaten national security, it is the duty and obligation of the relevant authorities to report such to me. It is my responsibility and obligation to act in a manner that will maintain and ensure peace and stability in our country.

To answer your question about the countering steps that are in place, the State Security Agency, as the leading department looking into cybersecurity in government, has a Government Computer Incident Response Centre, where cybersecurity incidents are reported and responded to. Work is also underway to improve our detection and response capabilities, through capacity building (across multiple government sectors). So, in conclusion Honourable Member, work is underway aimed at improving and enhancing coordination and collaboration within government in order to respond to cybersecurity threats and combat cybercrimes effectively.

 

Reply:

a) The total number of persons (i) detained and (ii) deported from the Lindela Repatriation Centre is as follows:

Month	Number of Detainees	Number of Deportees from Lindela
April 2021	1 058	881
May 2021	1 044	1 081
June 2021	879	926
July 2021	809	1 158
August 2021	865	476
September 2021	1 154	1 315
October 2021	1 184	1 217
November 2021	961	953
December 2021	951	872
January 2022	1 022	693
February 2022	775	1 065
March 2022	316	655
Total	10 018	11 292

b) A total of 85 of the refugee and asylum protestors requested to voluntarily leave the facility. The first group of 20 where transported to Sunnyside, Pretoria as per agreement with the United Nations High Commission for Refugees (UNHCR) that DHA would assist with transport for those who voluntarily opted for community re-integration. A similar process was followed of transporting the remainder of the 65 protesters to the park next to the UNHCR offices.

(c) The total cost R 3 374, relating to fuel for the vehicles.

(d) The first group of 20 protesters requested to leave the Lindela facility and to be assisted with transport to Sunnyside, Pretoria, as the majority of them had previously resided there.

The second group of 65 while being transported to Sunnyside, demanded to be dropped off at the park next to the UNHCR building, where they were staying in 2019 before they were transported to Lindela. The officials acceded to their demands to be dropped off at UNHCR as they were becoming hostile.

END

Reply:

(a) The State Security Agency (SSA) issues Top Security Clearance to its members as the nature of the work requires. Details regarding (a) (b) (i) (ii) will be provided to the Joint Standing Committee on Intelligence.

 

Reply:

1.  South Africa is a water scarce country, where everyone is affected by the limited water resources. My department undertakes various water resources and services planning studies and implements interventions or programmes to provide water to all citizens.

Due to the holistic and inclusive approach, areas that had historically been unserved have gradually seen service level improvements, as shown from the STATSSA data reflected in the General Household Survey. Much remains to be done, but a lot has been accomplished.

• The General Household Survey (GHS 2021) figures for basic water supply reflect a figure of 88% (64% in 1994) limited coverage of water infrastructure in South Africa. That is, drinking water from an improved source provided collection time is not more than 30 minutes for a roundtrip including queuing
• The General Household Survey (GHS 2021) figures for basic Level of Service is currently at 83% (49% in 1994). This includes use of improved facilities which are not shared with other households.

The Water and Sanitation Master Plan launched by the Department in 2020; is the blueprint that was developed to identify key actions and allocate roles and responsibilities to all stakeholders in the water sector, including the various tiers of government, and the private sector. It is intended to guide the sector regarding investment planning for the development of water resources, delivery of water and sanitation services, and addressing service delivery backlogs services until 2030. The Master Plan also addresses the enabling requirements, such as the institutional and legal arrangements for implementation, operation and maintenance, funding requirements and models, and monitoring and evaluation models.

2. Although there are still evident backlogs in service delivery, particularly in rural areas; due to the legacy of apartheid; the democratic government has been turning the situation around by progressively ensuring access to water for all as mandated by the Constitution and the Bill of Rights. It should be noted that the population of South Africa has grown from 40 to 60 million which make the percentage progress even better due to the ever-moving target. The National Water and Sanitation Master Plan therefore comprises of key programmes, projects, and actions to be implemented for the protection and development of the national water resources, as well as provision of adequate and reliable water services for all citizens.

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Reply:

1. In 2018 the Department Gazetted the Immigration Regulations which allow Religious Workers to apply for a long-term section 11(1)(b)(iv) visitor’s visa for the prescribed activity of religious work. The terms and conditions of this visitor’s visa is that the holder may not apply for permanent residency using this visa, regardless of the period of continuous stay in South Africa. The statement to the Portfolio Committee is therefore supported by the 2018 Immigration regulations.

2. The introduction of Immigration Regulations is never applied or implemented retrospectively. Therefore, any Religious worker who is already living and working in the Republic, and is a holder of a validly issued work visa is not affected by the 2018 Immigration Regulations.

3. The Immigration Act stipulates various categories of visas with which the holder may apply for permanent residence. A work visa, with continuous residence for five years qualifies the holder to make an application for permanent residence. A holder of a validly issued work visa may apply for permanent residence regardless of their occupation. This also includes Religious Workers who are holders of valid work visas. Conversely, a Religious Worker who does not hold a work visa may not apply for permanent residence in terms of the Immigration Act.

4. The statement by Minister was not an announcement of a new piece of legislation, directive or regulations. It was an emphasis on what the current legislation already stipulates. There is, therefore, no need for public consultations.

END

Reply:

The Bushbuckridge villages have access to water through the Hoxane Water Treatment Works, Inyaka bulk water supply system and through boreholes. There are two boreholes, one of which has been decommissioned due to frequent vandalism.

(a) (i) The community does not have reliable access to water due to leakages caused by illegal connections, which results in the supply system not being able to cater for all villages. The municipality has implemented a rationing programme to ensure that all residents have access to water.

The water rationing programme has been communicated to all communities through ward councillors and any shutdowns that impact on the water supply are communicated timeously through the municipality’s communications systems.

(ii) The Bushbuckridge Local Municipality is currently in a process of data cleansing to verify all households where meters were installed for billing purposes. This process should be completed by the end of the current financial year so that billing can commence in the beginning of the next financial year (2022/2023). 

(b) The municipality is implementing a project to replace the asbestos pipeline with steel pipeline, it is anticipated that the project will be completed during the 2024/25.

(c) The Municipality is implementing its Water Conservation and Demand Management strategy (WCDM) and Water Services by-laws which are undergoing the process of gazetting. The municipality has initiated the procurement processes to appoint service providers.

The WCDM Strategy includes projects such as:

• Installation of bulk flow meters to conduct water balance and to identify water loss hotspots
• Purchase of leak detectors to detect leakages
• Installation of reservoirs level controls valves to prevent reservoirs overflows
• Installation of lockable valves chambers to prevent valves interferences, telemetry system to monitor pressures in the bulk network
• Removal of illegal connections to reduce non-revenue water and improve water supply status

(d) The municipality is currently implementing a project to install an additional clear water pump at the Hoxane Water Treatment Plant which will increase the volumes pumped by the plant from 22 Ml/day to 31 Ml/day to the Ndonga Reservoir that supplies the villages. The Hoxani Bulk Water Supply Scheme project, which is due to commence at the beginning of 2023/24, will also improve water supply to the villages in Bushbuckridge when is completed.

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Reply:

(a)

(b) (i) (ii) (iii)

(c)

(d) (i) (ii) (iii)

The Department has not conducted any research with reference to digital nomad visas. However, the President in his State of the Nation Address on 14 February 2022 announced that he had appointed former Department of Home Affairs Director-General, Mr Mavuso Msimang to review the Visa Regime.

I therefore request the Honourable De Freitas to await outcomes of the report.

END

Reply:

(a) Since 2019 to date 45 people have been arrested; 10 officials and 35 members of the public.

(b)(i) In the past three financial years, 1 official has been prosecuted and a sanction of 8 years’ imprisonment imposed.

(b)(ii) 44 of the 45 cases are still pending in court.

END

Reply:

a) (i) During the financial year 2021/2022, the Department received a total number of 2371 court applications. It must be noted that not all 2371 applications seek relief against the Department and therefore, the Department does not oppose these matters. In some matters, the Department is cited to take note or implement the court order after the court outcomes. Matters such as registration of customary marriages, adoptions, etc are not opposed, the Department’s only role in these matters is to implement the court outcome.

(ii) The Department received a total number of 792 mandamus applications which are currently on various court rolls in the Republic. These matters include class actions or multiple applicants in one court application.

b) (i) The average of total cost orders in the Department is R33 062,69 legal costs.

(ii) The total cost orders against the Department is 846 for the 2021/2022 financial year.

c) The total quantum of legal fees incurred by the Department in defending court cases during the 2021/2022 financial year is R27 971 037,81.

END

Reply:

a)  (i) The initial estimated cost for the project was R 1,2 billion.

(ii) The total amount spent on the project was R 1,7 million.

b) The project comprises on the replacement of 80km of pipeline, the installation of pressure release valves and construction of chlorination building. These works were completed and the pipeline is functional

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Reply:

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Reply:

1. The Department registered a PPP project with the National Treasury on the 14th of January 2020. The Project is allocated reference N138. The National Treasury through the Government Technical Advisory Component (GTAC) has been providing support and guidance to the Department.

2. Please provide us with evidence that there is lack of political will. The Department had already appointed a service provider (24 May 2022) through an open bidding process (Kelotlhoko Consulting Services) as a transaction advisor to conduct a feasibility study and PPP procurement for VISA and permit application centre services through a Public Private Partnership (PPP) for a period of three years. This appointment was part of the requirements of the PPP model. However, it came to the attention of the Department that the appointed service provider was convicted of money laundering under Case No 111/40/2022 at the Pretoria Specialised Commercial Crimes Court in that Mr Kgatitsoe (the owner) submitted fake invoices to the Fetakgomo Tubatse Local Municipality and the Department followed a process to cancel the contract. The Department has successfully cancelled the contract and will be commencing with a new competitive process to replace this contract. All service providers will be provided with an equal opportunity through the PPP process.

END

Reply:

Cabinet adopted and approved the One Stop Border Post (OSBP) policy in March 2022.

OSBP legislation must be enacted which should inter alia allow for the deployment of the employees in the foreign territory through a co-location principle. Draft legislation will still need to be prepared and considered by Cabinet. The Department is procuring the service a specialiset legistaive drafter to assist in this regard. The deadline for submission of the draft OSBP Bill to Cabinet is 31 March 2023 as per the Department’s 2022/23 Annual Performance Plan (APP). Should Cabinet approve, it will become the prerogative of Parliament to enact the legislation should it wish to do so.

Implementation of the OSBP at Beitbridge would be possible once the applicable legislation is in place and the border post is redesigned and redeveloped. In respect of the redevelopment of our key six land ports of entry, including Beit Bridge, the Department of Home Affairs has requested approval from National Treasury for TAII approval in accordance with the prescribed Public Private Partnership (PPP) process. This approval will enable the Department to issue a request for proposals (RfP) to the market.

To summarise, for a One-Stop Border Post to work at Beit Bridge, the enabling legal framework must be created and the physical layout of the port of entry changed, in consultation / agreement with the Zimbabwean government.

END

 

Reply:

I have published on 2 August 2022 an updated critical skills list for South Africa, showing what skills are in short supply across the country. The new list has added 39 new skills, building on top of the previous publication in February of this year.

The critical skills list falls under the Immigration Act, No. 13 of 2002 which is administered by the Department of Home Affairs and sets out the qualifications and skills deemed to be critical for the country in relation to an application for a critical skills work visa or permanent residence permit. An application for critical skills work visa or permanent residence permit needs to be part of the 140 skills identified in the critical skills list. The complete list can be found in the government gazette no. 47182 dated 2 August 2022.

Furthermore, Regulation 18(5) of the Immigration Act, prescribes that the following criteria be applied when determining whether a person has critical skills:

a) a confirmation, in writing, from the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act, or any relevant government Department confirming the skills or qualifications of the applicant and appropriate post qualification experience;

b) if required by law, proof of application for a certificate of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act; and

c) proof of evaluation of the foreign qualification by SAQA and translated by a sworn translator into one of the official languages of the Republic.

END

Reply:

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Reply:

(a) The Department has been looking at establishing an office in Knysna for a few years now, amongst others, but due to the lack of funding was unable to do so. The Department has embarked on an extensive study to revise and align the department’s access model with service delivery demand. A funding proposal for newly proposed offices and service points as per the approved DHA Access Model were submitted to the National Treasury.

In the interim, to service Knysna and surrounding areas, an on line access point was established and capacitated with effect from 01 September 2022, at the Knysna Public Health Facility. The access point at the health facility will be issuing critical enabling documents such as (1) birth registration for children born within 30 days from the birth event and (2) render death registration functions.

Mobile Units, from the Plettenbergbay Office, also currently render services to the Knysna community and surrounding areas upon request from the Municipality. All schools in the area were serviced by Mobile Units earlier in the year to ensure that all matriculants were enabled with their ID documents. The Plettenbergbay Office also facilitated outreach programmes in collaboration with the Municipality. They recently serviced Khayalethu and was part of the Municipal Project for dealing with destitute persons living on the street.

The DHA Mobile Units will also form part of the upcoming Provincial Government Thusong Programme which is due to take place in the Knysna area on 18 and 19 October 2022.

(b) The range of services rendered through Mobile Units are birth registration, smart ID cards applications and collections, passport applications and collections, re-printing of birth, marriage and death certificates, rectifications and amendment applications and the issuance of temporary ID Certificates.

END

Reply:

The Department will continue with the online renewal of documents and will over the next three months work to streamline the process in order to address some of the concerns raised by clients.

Those clients who are unable to use the online platform will be able to approach a Refugee Reception Office for assistance.

Furthermore, a stakeholder engagement drive within the refugee and asylum seeker communities will be undertaken in the next few months to address concerns as the department continues to improve servicing clients through digital platforms.

END

Reply:

1. The Provincial Departments of Education in Eastern Cape and Northern Cape are managing these projects, in collaboration with Infrastructure South Africa.

2. Such Provinicial Departments will be able to assist with details on scope of work, budget and progress. 

Reply:

1.  The constitutional responsibility for providing water and sanitation services rests with local government. The Department of Water and Sanitation regulates how these services are provided, monitors and supports municipalities providing water services and has a duty to intervene where national norms and standards are not met.

As indicated in the recent Green Drop and Blue Drop assessments, Municipal water services are in decline in many municipalities and government’s constitutional obligation to progressively provide safe water and a healthy environment for everyone is being compromised. In many cases, water and sanitation infrastructure is in a critical state due to inadequate investment and maintenance.

As mandated by the Constitution and other relevant legislation, the DWS has developed a Water Services Improvement Programme (WSIP) to strengthen its support and intervention at municipal level.

The aim of the programme is to support municipalities and intervene more consistently and systematically to address water and sanitation service delivery challenges. The overall aim of this initiative is to guide, initiate and lead national government support and regulatory interventions to reverse the decline in the provision of water and sanitation services in all municipalities.

Interventions being implemented by the DWS in Qwaqwa, Butterworth and Hammanskraal of the DWS

Area of intervention	Nature of interventions
Qwaqwa	Since 2012 DWS has completed 16 projects to a total value of R524,759,353.05 in Maluti-a-Phofung LM, which includes the construction of the Sterkfontein WTW, raw water supply, bulk pipelines, reservoirs, upgrading of the Makwane WTW, drilling, and equipping of operational boreholes. Furthermore, a directive has been issued to Bloemwater to intervene to: Refurbish and Upgrade Wastewater Treatment (WWTWs) and Water Treatment Works (WTWs), manage and supervise Operations and Maintenance (O&M) of water and sanitation infrastructure, Develop a Water Services Development Plan (WSDP), Undertake Feasibility Studies (FS), and Implementation Readiness Studies (IRS) for future projects to ensure sustainable Water Supply and Sanitation in all areas of Maluti-a-Phofung LM. The DWS is actively involved in the developing and implementation of short, medium, and long-term solutions to alleviate the lack of water supply in the Maluti-A-Phofung Local Municipality. Three (3) projects are currently funded through grants: Upgrading of the Sterkfontein WTW (at 53% progress) Refurbishment of the Fika Patso WTW (at 24% progress) Construction of the reversal gravity pipeline in Qwaqwa (at 77% progress) Replacement of pipeline and leak repairs in Tlholong (at 88% progress) Drilling and equipping boreholes in Intabazwe (at 60% progress) Construction of the pipeline from Comet to Ha-rankopane (at 77% progress)
Butterworth	In the case of Butterworth, the two dams supplying the town (Xilinxa and Gcuwa Wier) were dry due to drought and led to a water crisis, which was broken in January 2022. Both these dams were now full (100% as at 26 September 2022) A long-term solution of augmenting raw water supply to Butterworth is being prioritised and funded under the Ngqamakwe Bulk Water Supply.
Hammanskraal	The Minister issued a notice of intention to intervene through Section 63 of Water Services Act in the City of Tshwane (CoT). The City did not agree to the intervention but instead requested financial support to address the water and sanitation challenges. The Department has informed the CoT that grant funding cannot fund water infrastructure in metropolitan municipalities. The CoT was advised to engage Human Settlement for additional Urban Settlement Development Grant (USDG) funding. The Department had instituted legal action against the CoT for the pollution of water resources by the Rooiwaal Wastewater Treatment Works (WWTW). However, in a meeting held between the parties (DWS and CoT) on 27 September 2022, the parties agreed to have an amicable settlement on the matter where a detailed action plan will be agreed on and be a court settlement to ensure the prevention of the pollution and sustainable water supply to Hammanskraal in the medium to long term.

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Reply:

The information requested resides with the Provincial Education Departments (PEDs) not the National Department of Basic Education. The Hon Member is therefore requested to direct the question to the Members of the Executive Councils (MECs) at the PEDs.