Questions and Replies

Reply:

All Protection services at correctional centres under the management of the Department of Correctional Services (DCS) are insourced not outsourced. The Department has further diversified the Infrastructure Procurement Strategy by appointing additional Implementing Agents to fast-track infrastructure projects, inclusive of maintaining fences and Integrated Security Systems (ISS) in order to be less reliant on DPWI.

During the 2021/2022 financial year the Department implemented contracts to maintain Integrated Security Systems (ISS) at prioritised correctional centres. These contracts included the maintenance of existing security fences which are equipped with detection systems.

In addition, under 2022/23 financial year, the Department has finalised the planning and design for the implementation of 36 month maintenance contracts on ISS. The tender was advertised during June 2022, and will be implemented by the Independent Development Trust (IDT). The proposed contracts will include the maintenance of security fences, access control systems, detection systems, monitoring systems and lighting systems. A 09 Kilometre perimeter fencing project at Mthatha Management Area, inclusive of a patrol road, is currently under construction, which is implemented by the Development Bank of Southern Africa (DBSA).

Furthermore, on a frequent basis the Department conducts maintenance of fences under the auspices of the day-to-day maintenance allocation and in terms of the Capital allocation.

END.

Reply:

a) The Free State Provincial Department of Human Settlements indicated that 13 accused have been charged by the State and are going to appear in the Bloemfontein High Court on the 23rd of September 2022. Amongst the individuals charged are the following: former HOD of the Department and three current employees namely the Chief Financial Officer, Chief Director responsible for Project Management and the Director responsible for Supply Chain Management.

b) The Gauteng Provincial Department of Human Settlements did not open a criminal case against the former Acting Head of the Gauteng Department of Human Settlements. The appropriate organ of state to respond to this Question is the Free State Directorate of Priority Crimes Investigation (DPCI) which is investigating the matter.

 

Reply:

1. The following is the status of awarding of bursaries and scholarships for the (8) Provincial Departments of Health participating in the Nelson Mandela Fidela Castro Medical Collaboration Programme.

• 2017/2018 no bursaries and scholarships were awarded
• 2018/2019 no bursaries and scholarships were awarded
• 2019/2020 only Northwest awarded four (4) bursaries
• 2020/2021 no bursaries and scholarships were awarded
• 2021/2022 no bursaries and scholarships were awarded

2. (a)-(b) There is a total number of 702 students in the specified programme for 2022 also broken down in tables below:

Table 1 below indicates that a total of 103 students were integrated into the Universities in South Africa in July 2022.

Table1: Students integrated in 2022 into South African Universities

Province	UCT	UL	UP	SMU	WITS	WSU	Total
EC	1	0	0	0	2	5	8
FS	0	1	1	0	0	0	2
GP	5	0	4	1	6	1	17
KZN	3	3	1	2	1	3	13
LP	3	14	2	1	2	2	24
MP	4	2	6	2	5	5	24
NC	1	0	1	0	0	0	3
NW	3	3	1	2	1	3	13
SA	8	20	23	16	17	19	103

Table 2 below indicates that a total of 466 students were integrated into the Universities in South Africa in July 2021 and are currently completing their programme.

Table 2: Students integrated in 2021 and in Universities 2022

Province	SMU	SU	UCT	UFS	UKZN	UL	UP	Wits	WSU	Total
EC	2		1	3	3	1	2	8	5	25
FS	1		0	0	0	0	0	1	0	2
GP	12	5	5	12	20	1	10	52	6	123
KZN	3	3	2	2	7	3	4	13	7	44
LP	12	5	4	4	17	11	9	37	15	114
MP	7	4	3	11	6	3	10	22	6	72
NW	8	1	4	3	6	3	8	14	10	57
NC	5	2	2	7	1	3	5	4		29
SA	50	20	21	42	60	25	48	151	49	466

Table 3 below indicates that 94 students are repeating some modules in 2022 in South African Universities.

Table 3: Students repeating in 2022

Province	UCT	UL	UP	SMU	WITS	WSU	SU	UFS	UKZN	Total
EC	0	1	0	0	5	4	0	2	1	13
FS	0	0	1	2	1	1	1	3	0	9
GP	0	0	0	2	8	2	0	0	0	12
KZN	1	1	3	2	2	3	2	1	5	20
LP	0	1	2	2	6	0	0	2	0	13
MP	0	0	2	0	0	0	0	0	0	2
NC	1	0	3	0	0	0	1	1	0	6
NW	1	3	1	5	3	0	2	3	1	19
SA	3	6	12	13	25	10	6	12	7	94

Table 4 below indicates that 37 students are currently in Universities in Cuba Universities.

Number of students in Cuba in 2022

Province	Number
Eastern Cape	0
Free State	0
Gauteng	8
KwaZulu-Natal	8
Limpopo	5
Mpumalanga	5
Northern Cape	2
North West	9
Total	37

3. (a) Total cost of the Programme

Costs for Cuba

This is a Scholarship Programme which is jointly funded by both Governments. The fixed cost per student per year, depending on the Rand/Dollar Exchange Rate at the time of transfer, is reflected below:

• Preparatory (one year) : $2000.00 per students
• 1st – 5th Year (per student) : $5000.00
• Stipend (per student per year) : $2400.00
• Additional costs include two return flight tickets during six years and additional flight ticket in case of death of immediate family member. The tickets cannot be costed as it also depends on the Rand/Dollar Exchange at the time.

The Expanded Training Programme (ETP) which is wholly funded by the South African Government is reflected in the table below:

Table: 5

Level	Tuition Fees	Meals and Accommodation	Ave. cost Med. Ins.	Stipend	TOTAL
Preparatory	$6000.00	$6022	$450	$2400.00	$14, 872.00
1st – 2nd Year	$12, 500	$6022	$500	$2400.00	$21, 422.00
3rd – 4th Year	$11, 500	$6022	$500	$2400.00	$20, 422.00
5th Year	$13, 500	$6022	$600	$2400.00	$22, 522.00

Costs for integration in the local Universities

Tuition fees charged by South African universities during the integration since inception until 2018 varied from one university to another. After the agreement was signed with local universities, the cost of integration per student has been standardised since July 2018 and adjusted according to annual Consumer Price Index. Students have to be in the clinical training platform for 18 months. This translates to three (3) semesters. Additional costs include transportation of the final year students to local universities which depends on the mode of transport and distance to the university.

• July 2018 – June 2019 : R231 325.00 (R115 662.50 per semester).
• July 2019 – June 2020 : R241 734.63 (R120 867.31 per semester).
• July 2020 – June 2021 : R252 612.68 (R126 306.34 per semester).
• July 2021 – June 2022 : R260 696.28 (R130 348.14 per semester).
• July 2022 – June 2023 : R277 641.54 (R138 820.77 per semester).

(b)(c)(d) The information below indicates total cost by provincial breakdown, by number of students and amount to be transferred by each province to South African University for the specified period.

Eastern Cape Department of Health

FOURTH COHORT - Third Semester- July to December 2022		FIFTH COHORT - First & Second Semester - July 2022 to Jun 2023
Total No of Students	Total Cost		Total No of Students	Total Cost	Grand Total to be transferred
25	R3 450 967.01		8	R 2 208 618.88	R 5 659 585.89

Free State Department of Health

FOURTH COHORT - Third Semester- July to December 2022		FIFTH COHORT - First & Second Semester - July 2022 to Jun 2023
Total No of Students	Total Cost		Total No of Students	Total Cost	Grand Total to be transferred
1	R138 038,68		2	R552 154,72	R690 193,40

Gauteng Department of Health

FOURTH COHORT - Third Semester- July to December 2022		FIFTH COHORT - First & Second Semester - July 2022 to Jun 2023
Total No of Students	Total Cost		Total No of Students	Total Cost	Grand Total to be transferred
120	R 16 564 641,60		17	R 4 693 315,12	R 21 257 956,72

KwaZulu Natal Department of Health

FOURTH COHORT - Third Semester- July to December 2022		FIFTH COHORT - First & Second Semester - July 2022 to Jun 2023
Total No of Students	Total Cost		Total No of Students	Total Cost	Grand Total to be transferred
43	R5 935 663,24		13	R3 589 005,68	R9 524 668,92

Limpopo Department of Health

FOURTH COHORT - Third Semester- July to December 2022		FIFTH COHORT - First & Second Semester - July 2022 to Jun 2023
Total No of Students	Total Cost		Total No of Students	Total Cost	Grand Total to be transferred
112	R 15 460 332,16		24	R 6 625 856,64	R 22 086 188,80

Mpumalanga Department of Health

FOURTH COHORT - Third Semester- July to December 2022		FIFTH COHORT - First & Second Semester - July 2022 to Jun 2023
Total No of Students	Total Cost		Total No of Students	Total Cost	Grand Total to be transferred
68	R 9 386 630,24		24	R 6 625 856,64	R 16 012 486,88

Northern Cape Department of Health

FOURTH COHORT - Third Semester- July to December 2022		FIFTH COHORT - First & Second Semester - July 2022 to Jun 2023
Total No of Students	Total Cost		Total No of Students	Total Cost	Grand Total to be transferred
30	R4 141 160,40		3	828 232,08	R4 969 392,48

Northwest Department of Health

FOURTH COHORT - Third Semester- July to December 2022		FIFTH COHORT - First & Second Semester - July 2022 to Jun 2023
Total No of Students	Total Cost		Total No of Students	Total Cost	Grand Total to be transferred
57	R7 868 204,76		13	R3 589 005,68	R11 457 210,44

END.

Reply:

(a) (i) The current housing and human settlements policy framework makes provision for various roles that Non-governmental Organizations (NGOs), as well as Civil Society Organizations (CSOs), can and do play within the human settlements value chain. This is evident in the role played by the sector in the implementation of the People’s Housing Process (PHP) programme. In various Provinces and Municipalities, NGOs and/or CBOs are participants in the housing delivery process either as support and/or as community resource organisations. The current grant framework for the Informal Settlements Upgrading Grant now also allows for NGOs and CBOs to form part of the implementing teams when an informal settlement is upgraded.

(ii) The NGOs and CBOs provide the necessary support to communities, provinces, and municipalities in various programmes, and this includes social facilitation. The policies allow for the conclusion of social compacts and partnership agreements to be concluded signed with the CSOs and NGOs, to allow for the sector to be part of the delivery of human settlements. Our various policy and legislative reviews also ensure that the sector is consulted and assists in the development and review of human settlements legislation and policies.

(b) The Department has constantly held consultations and engagements with the sector to ensure that they continue supporting Provinces and Municipalities in the implementation of human settlements programmes.

Based on various Memoranda of Understanding (MoU), Social Compacts and Partnership Agreements signed with the Sector in past years, a number of CSOs and NGOs continue to support provinces, municipalities and communities in the delivery of sustainable integrated human settlements.

Among the opportunities created by the Department for sector participation in the housing and human settlements delivery chain, and include:

• The sector has worked with the Department, Provinces and Municipalities to build the capacity and empowerment of communities, promote active citizenry, and provided support to these communities in Provinces/Municipalities that implement the PHP programme.
• Some of the CBO and NGO sector partners are involved in the enumeration and profiling of beneficiaries within settlements and the feedback assists Provinces in planning for the upgrading of informal settlements.
• The sector partners are also involved in re-blocking which entails that prior to a settlement being upgraded with infrastructure and services, the settlement is reordered in terms of an approved or draft layout plan. This also allows households to access emergency health services as well as collection and provision of interim municipal services.
• During the period of the recent COVID-19 pandemic, NGOs and CSOs supported the Department, Provinces, and Municipalities in the identification of informal settlements without water and sanitation and ensured that such settlements are provided with these basic services. The sector partners also supported provinces and municipalities in the distribution of Personal Protective Equipment (PPE) in informal settlements.

One of the outcomes of the 2022 Human Settlements Indaba, is that the Department will intensify and resuscitate quarterly engagement sessions with the sector to monitor and oversight various agreements and commitments made with regard to the sector involvement in the housing and human settlements delivery chain.

 

Reply:

(1)        The following table reflects the details in this regard.

North West

(1)
(a) what is the procedure of taking a prisoner to a hospital for health care,	(b) what are the responsibilities of the health care facilities assigned to the SA Police Service members while at the facility	(c) to whom do they report if they have to suddenly leave	(d) what are the strategic guidelines of the whole process from the prisoner leaving prison to the time he/she is returned after receiving health care;
The prisoner warden / guard accompanies the patients in health facilities and stay with them through out until they leave the health facility.	SAPS / Correctional Services takes care of prisoners as outpatients and inpatients. During consultation, they are being prioritized, as they do not follow the queue. When admitted they are under-guard by SAPS/Correctional Services The Correctional Service department make prior arrangements with the hospital for the retrieval of files and immediate medical treatment at Casualty and out patients departments.	Operational Manager, doctor, nurses and security	Procedure lies with the department of Correctional Services. However, the responsible nurse from Correctional Services Facility will arrange a booking at the hospital in advance. The hospital will retrieve the prisoner’s file 2 days before the actual date of appointment.   Once in the facility, the prisoner will be processed while balancing the rights of the other patients and that of the prisoner. The prisoner remains under guard right through every step of care until the last working station which is pharmacy and exit the facility.

 

(2)        The response is as follows:

 

(2)
Facility	what (a) total number of violent incidents have been recorded at each public health care facility in the past five years			and (b) are the relevant details of each violent incident;
Klerksdorp / Tshepong Hospital	6			03/02/2022 at 02:45, a mentally disturbed patient fought with the nurse and security officer at Casualty. 06/03/2022 at 02:20, a patient fought with the security at casualty and broke the window. 22/03/2022 at 11:40, a gang brought their friend with a gunshot wound, when the Doctors referred their friend to Tshepong they threw tantrums. 19/06/2022 at 01:00, two armed men gained access to the doctor’s quarters and robbed doctors. 15/08/2022 at 20:00, a gangster was shot and brought to Tshepong Hospital, other gang members followed him to the hospital to try and finish what they started. SAP had to be called for assistance. 13/08/2022, there was an attempt to abduct a female Doctor at the doctor’s quarters, guards fired four shots and the intruders ran away.
Job Shimankana Tabane Hospital	None
Mafikeng Provincial Hospital	5			House breaking with force entry Robbery at gun point Employees fight using a child Theft using force Gang fights
Potchefstroom Hospital	4			A psychiatric patient stabbed a nurse One patient was followed by others to finish him Another psychiatric patient attacked the security guard and a nurse A family who wanted to enter the hospital by force and slapped the security guard.
Joe Morolong Memorial Hospital	2022 – Two (02) 2021-2018 - None			2022 (01) – Intoxicated patient physically assaulted nursing staff in Casualty. 2022(02) – Staff member physically assaulted in Radiology Department due to person grievances not pertaining to work.
Witrand Hospital	0			None
Bophelong Psychiatric Hospital	0			None
Klerksdorp / Tshepong Hospital Job Shimankana Tabane Hospital Mafikeng Provincial Hospital Potchefstroom Hospital Joe Morolong Memorial Hospital Witrand Hospital Bophelong Psychiatric Hospital		The hospitals have electricity backup (Generator) which only covers clinical/patient areas, Load shedding affects areas that are not on backup as follows: Safety issues (break-ins, opportunistic theft, attacks, etc.) Communication breakdowns (non-availability of systems such PERSAL, BAS, Walker, emails, internet, etc), delay in capturing of invoices. Damage to equipment’s High costs incurred on fuel Water interruption due to the water pumps filling water slowly in the reservoirs

 

 

Northern Cape:

(1)
(a) what is the procedure of taking a prisoner to a hospital for health care,	(b) what are the responsibilities of the health care facilities assigned to the SA Police Service members while at the facility	(c) to whom do they report if they have to suddenly leave	(d) what are the strategic guidelines of the whole process from the prisoner leaving prison to the time he/she is returned after receiving health care;
The prisoner warden / guard accompanies the patients in health facilities and stay with them through out until they leave the health facility.	SAPS / Correctional Services takes care of prisoners as outpatients and inpatients. During consultation, they are being prioritized, as they do not follow the queue. When admitted they are under-guard by SAPS/Correctional Services The Correctional Service department make prior arrangements with the hospital for the retrieval of files and immediate medical treatment at Casualty and out patients departments.	Operational Manager, doctor, nurses and security	Procedure lies with the department of Correctional Services. However, the responsible nurse from Correctional Services Facility will arrange a booking at the hospital in advance. The hospital will retrieve the prisoner’s file 2 days before the actual date of appointment.   Once in the facility, the prisoner will be processed while balancing the rights of the other patients and that of the prisoner. The prisoner remains under guard right through every step of care until the last working station which is pharmacy and exit the facility.

 

(2)       

 

(2)
Facility	what (a) total number of violent incidents have been recorded at each public health care facility in the past five years	and (b) are the relevant details of each violent incident;
Windsorton Clinic	1 – 2018	Nurse assaulted by psychiatric patient (outpatient) – waiting too long to receive medication.
RMSH A&E	5 – 2018 6 – 2019 5 – 2020 3 - 2021	Patient assaulted nurse (shocked death of family member and way nurse relayed message) Drunk patient Psychiatric patient attack security trying to steal food. Triage waiting period (violence patient) Mental patient damaged drs vehicle (stone thrown windscreen). Patient threatened guards with knife. Dr threatened by family (child died) to shoot him. Aggressive patients A&E (swearing staff) Patient arrested for rape treated at hospital threatened staff verbally. 72-hour observation attacked guard (clothes ripped). Two Fleet employees assaulted one another. Patient threatened staff (gun in car not confirmed) – casualty. Professional Hitmen shot patient recovering in ward (gang related). Gun threat, Mental patient (arrested with unlicensed firearm). Buck horn taken off patient entering casualty to receive treatment. 4 x gun-shot wound victims treated (gang-related). Staff threatened not to work unless security increased. 72-hour ward – one patient attacked another using food-tray. Khoocs – foreigner verbal threat to shoot.  Racial tension patients waiting. Knife found in sleeve of patient being treated (who came in unconscious in ambulance).
Springbok (Dr Van Niekerk) Hospital	1 – 2018 1 - 2021	Psychiatric patient attacked guard who caught him stealing food out of kitchen. Patient under alcohol influence assaulted staff.
Prof ZK Matthews Hospital, Barkly	1 – 2018 1 – 2019	Mental patient broke doors. Staff striking at facility – burn tyres and blocked entrance.
Hopetown Clinic	1 – 2018	Nurse assaulted patient coming for treatment (long waiting time for assistance)
Kuruman Hospital	1 – 2018 3 - 2020	Union disruptions Kidnapping patient – saps caught (CAS215/09/2020) Guard stabbed with knife by patient trying to enter. Guard assaulted and attacked with knife stopping gangs entering.
MaDoyl Clinic	1- 2018       1 – 2020	NGOs contracting Health Care Workers (HCW) – threaten to close clinics (absorption into Health) Alleged knife threat by staff (to close clinic) – victimization concerns COVID.
EMS Control Room, Kimberley	1 – 2018	Assault (domestic dispute at work)
Colesburg Nursing home	1 – 20108 1 – 2019	Attach nurse in flat (domestic). Drunk visitors refused entry – vulgar language security.
Bill Pichard Hospital, Prieska	2 – 2019	Rape victim threatened rapist family at hospital. Gang violence following victim to hospital.
Harmony Home	2 – 2019	Assault patient by guard (patient stole guard’s money – mental patient). Mental patient attacked guard and ripped uniform.
Ritchie Clinic	1 – 2019	Social worker / nutritionist threatened after removal malnutrition children from mother
De Aar Hospital	1 – 2019         1 – 2020	Foreign nationals entered with knives – threat to nurses (x-ray equipment not working). Gang-related violence. Assault by mental patient.
Ipeleng Clinic	1 – 2019	EPWP workers strike – burn tyres and blocked entrance to facility.
Hopetown Clinic	1 – 2019	Mental patient fight with staff (waiting for medication issue).
Pampierstad Nursing home	1 – 2019	3 males jumped fence and attacked staff residing to steal.
City Clinic	1 – 2019	Municipal strike action – threats.
Loeriesfontein Clinic	1 – 2019	Nurse assaulted by boyfriend at clinic.
WESH (Mental B3)	2 -2019	Mental patient alleged assaulted security guard (stole money). Patient attacked guard with hair clipper.
Victoria West Hospital	1 – 2020 1 – 2021	Gang violence hospital (threat at hospital when gang arrived whilst person was receiving treatment). Malicious damage of front door – psychiatric patient.
Oliphantshoek CHC	1 – 2020	Assault and public violence (drunk visitors)
New Mental Health Hospital	3 – 2020 1 - 2021	Patient assaulted guard with metal coffee mug. Patient assaulted guard (needed medical attention and clothes ripped). Attempted escape of mental patient who tried to flee whilst being transported in ambulance to RMSH (overpowering staff). Guard assaulted by 4 unknown suspects fled theft power-station copper.
Connie Vorster Hospital, Hartswater	1 – 2020	Mental patient (broke window) COVID protest
LAdams Clinic	1 – 2020	Patients threaten staff.
Beaconsfield Clinic	1 – 2021	OPD Patient threaten staff.
EMS Kuruman	1 – 2021	Guard overpowered by 5 unknown suspects (hostage situation) theft.  CAS 799/03/2021
Galeshewe Day Hospital	1 – 2021 1 - 2022	Guard attacked with sharp object (eye injury). Assault – maternity patient slapped nurse.
Dr Winston Torres Clinic	1 – 2021	Patient slapped guard refusing entry (skipped queue).
Jan Kempdorp Hospital	1 – 2021	Emotional trauma patient damaged property – broke door after death of family.
Carnarvon CHC	1 – 2022	Assault – 4 drunk people tried to enter facility and assaulted security.
Pampierstad CHC	1 – 2022	Mental patient threaten staff (OPD).
Dr Harry Surtie Hospital, Upington	1 – 2022	Aggressive visitor with patient under influence of alcohol removed by SAPS.
Valspan Clinic	1 – 2022	OPD mental patient threaten staff.

 

Free State

(1)
(a) what is the procedure of taking a prisoner to a hospital for health care,	(b) what are the responsibilities of the health care facilities assigned to the SA Police Service members while at the facility	(c) to whom do they report if they have to suddenly leave	(d) what are the strategic guidelines of the whole process from the prisoner leaving prison to the time he/she is returned after receiving health care;
The prisoner warden / guard accompanies the patients in health facilities and stay with them through out until they leave the health facility.	SAPS or Correctional Services takes full responsibility for the prisoners admitted and for outpatients at health facilities. Prisoners are prioritized at health facilities and don’t follow the queue. Prisoners when they  are admitted are under SAPS and   Correctional Services watch. The Correctional Service department make arrangements with the facilities and responsible for opening for files and collection of medical treatment.	Doctor, Operational Manager, nurses and Security Officers on duty.	Procedure lies with the department of Correctional Services. However, the responsible nurse from Correctional Services Facility will arrange a booking at the hospital in advance. The hospital will retrieve the prisoner’s file 2 days before the actual date of appointment.   Once in the facility, the prisoner will be processed while balancing the rights of the other patients and that of the prisoner. The prisoner remains under guard right through every step of care until the last working station which is pharmacy and exit the facility.

 

(2)       

(2)
Facility	what (a) total number of violent incidents have been recorded at each public health care facility in the past five years		and (b) are the relevant details of each violent incident;
Universitas Academic Hospital	4		Porter fought with the messenger. The cleaner fought with the messenger. ATM bombed and Security Officers were pointed with firearms. Break in and 31 computers stolen
Pelonomi Tertiary Hospital	3		Security Supervisor assaulted by community member. Female Security Officer assaulted by psychiatric patient  Male Security Officer assaulted by psychiatric patient.
National District Hospital	2		Psychiatric patients fought with Security Officers and nurses in two different incidences.
Bongani District Hospital	0		None
Boitumelo District Hospital	1		Security Officer fought with the patient where Security Officer broke his leg.
Botshabelo District Hospital	0		None
Dr JS Moroka Hospital	0		None
Fezi Ngubentombi District Hospital	1	Intoxicated patient assaulted Security Officer and the nurse.
Sinorita Nhlabathi District Hospital	0	None
Free State Psychiatric Complex	Several	Patients fighting each other
Parys District Hospital	0	None
Tokollo District Hospital	0	None
Mafube District Hospital	0	None
Winburg District Hospital	1	Two nurses fought each other
Katleho District Hospital	0	Messenger fought with cleaner
Thusanong District Hospital	0	None
Mohua District Hospital	0	None
Nala District Hospital	0	None
Elizabeth Ross District Hospital	1	Patient fought with nurses and Security Officers
Phekolong Nketoane District Hospital	1	Gangsters fought with Security Officers at the gate because they wanted to force to see the patient.
Mofumahadi Manapo Mopeli Regional Hospital	1	Visitors fought with nurses and Security Officers claiming they are from far and wanted to see their patient.
Diamant District Hospital	0	None
Stoffel Coetzee District Hospital	0	None
Embekweni District Hospital	0	None
Dihlabeng District Hospital	0	None
Thebe Phumelela District Hospital	0	None
Winburg District Hospital	0	None

 

Eastern Cape  

 

(1)
(a) The inmate is accompanied and guarded by the warden/ guard team into the health facility, through the entire visit to the facility.  The hospital have a fast line leeway for inmates visiting the hospital, especially when hospital booking system have been followed to the various clinics of the hospital	(b) The inmates consult on a booked appointment schedule; they receive priority consultation to avoid subjecting them in long queue in health facilities. This is in line with hospital standard operating procedures.	(c) If there is any unexpected eventuality in a form of   incident, it is reported, firstly to the hospital CEO, Head of clinical Governance to the doctors, nursing service manager staff and the security officers.	(d) The Correctional Services officials bear responsible for safeguarding procedure of the inmates upon egress point of the health facility up until the exit point and safe return to the correctional facility. In accordance to the Correctional Services Act.

(2)       

(2)
Facility	what (a) total number of violent incidents have been recorded at each public health care facility in the past five years	and (b) are the relevant details of each violent incident;
Fort England Psychiatric Hospital (Sarah Baartman District)	1	10/06/2019 - One in-Patient stabbed another in-patient with a sharpened thick piece of wood on the forehead and left eye
Bisho Hospital (Buffalo City Metro)	1	19/01/2019- Assault of a security officer by a patient
Nomangesi Jayiya Clinic (Nelson Mandela Bay Health District)	1	13/01/2022- Security guards were attacked/ assaulted by 4 thugs.
Nelson Mandela Metro Health District	38	EMS personnel have been victims of crime in the Gqeberha Northern areas. there has been no fatalities; 2019- 26 attacks 2020- 6 attacks      2021- 5 attacks 2022- 1 attack

Information from other remaining provinces is still being collated and will be furnished as soon as it is received.

 

 

END.

Reply:

1. The hospital was completed on 9 March 2022 and is currently operational.

2. (a) The table below reflects the details in this regard:

Contract Name	Cost
Contract 1 : Earthworks	1 244 730,50
Contract 2 Pilling	24 451 211,82
Contract 3 Superstructure	3 172 362 000,79
Contract 3 VAT	475 854 300,12
Total	3 673 912 243,23

(b) The original completion date was the 05 October 2018.

(3) (a) 41 Months

(b) Yes there were penalties imposed.

(4) The hospital is operational since August 2021. The practical completion has been following a phased approach until the overall practical completion was reached on 9 March 2022.

(5) (a) Yes

(b) Yes, Operational needs and budget have been catered for

END.

Reply:

a) Two officials were fingered in allegations of illegal activities.

b) Two cases were referred to the Department and one criminal case was opened with the South African Police Service (SAPS) and the matter is currently in court and the other matter is still under investigation within the department; and

c) The Department lost an amount of R320,0000.00, during 2018/2019 financial period through two fraudulent payments and the other matter was reported in 2022/2023 financial period. The matter is still under investigation and the determination of financial implications will be concluded once the investigation has been completed.

Reply:

a) The Department of Justice and Constitutional Development spent R537 million on external consultants between 01 May 2019 and 31 May 2022, as depicted on the table below:

DEPARTMENTAL SPENDING ON CONSULTANTS FOR THE PERIOD 01 MAY 2019 – 31 MAY 2022
Description	Periods	Total
	01 May 2019 - 31 March 2020	2020/2021 Financial Year	2021/2022 Financial Year	01 April 2022 - 30 May 2022
Department	R29 241 527.43	R30 552 650.95	R46 646 953.27	R4 968 853.16	R111 409 984.81
State Capture Commission	R222 144 229.73	R100 013 032.00	R103 414 189.44	R142 294.00	R425 713 745.17
Total	R251 385 757.16	R130 565 682.95	R150 061 142.71	R5 111 147.16	R537 123 729.98

Reply:

(1)(a-c)The department has been advised that there are villages that do not have twenty-four hour access to water due to leakages caused by unauthorised and illegal connections, which also impacts the water pressure and adequate supply to villages. The municipality has a rationing programme in place to ensure that all residents have access to water. Bushbuckridge Local Municipality has been advised to implement the water conservation and water demand management and COGTA is part of the Task Team to ensure that it is implemented in order to ensure water availability to communities.

(d) The municipality has a duty to enforce its by-laws by ensuring that farmers and residents that have illegally connected into the water infrastructure are held liable through penalties to curb and regulate water consumption.

2. The Bushbuckridge Local Municipality has reported that there are two boreholes supplying villages in the Bushbuckridge area, furthermore, one is functional and the other one in the Buyelani Village, had to be decommissioned due to frequent vandalism. This village receives water through bulk water supply, although it is also impacted by the illegal connections. Once the Hoxani Bulk water scheme is finalised, water supply will improve in the long term.

3. As indicated above, the municipality is not able to meet the demand for water supply due to unauthorised connections and water losses. However, there is an ongoing project to replace the asbestos pipeline which is planned for completion in the 2024/25 financial year. The replacement of the asbestos pipeline with a steel pipeline will significantly reduce water losses and improve water supply to the area.

The municipality is also implementing a project to install an additional clear water pump at the Hoxane WTW 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 in Bushbuckridge. 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. The completion of the Hoxani Bulk water scheme will increase the water supply to full capacity of 36 Ml/day.

---00O00---

Reply:

a) The department of social development has a total number of 147 shelters

(i) There are 147 shelters, which are registered with the department of Social Development.

(ii) While 125 are run by non-governmental partners and are financially supported by the government.

b) These shelters received financial resources amounting to about R 700 million from government. Below is a table containing a breakdown of the shelters and the amounts distributed by provincial departments of social development between 2019-2023 financial year.

PROVINCE	NUMBER OF SHELTERS	BUDGET ALLOCATION
Financial Year		2019/20	2020/21	2021/22	2022/23
Eastern Cape	13	37 686 000.00	38 188 000.00	30 867 000.00	31 732 000.00
Free State	07	5 194 000.00	5 439 000.00	4 277 014. 09	4 214 044 .00
Gauteng	25	30 734 000.00	32 511 000.00	35 309 000.00	34 894 000.00
KZN	23	23 819 627.32	24 837 489.70	26 791 682.20	29 750 230.94
Limpopo	1 Funded	317 500.00	317 500.00	317 500.00	317 500.00
	01 Government Run			4 108 000.00	12 541 000.00
Mpumalanga	22	21 598 000.00	18 098 000.00	24 251 000.00	25 218 956.00
North West	22	14 360 200.00	14 000 000.00	15 984 800.00	15 954 800.00
Northern Cape	07	5 894 078.82	6 191 880.00	7 631 292.77	8 107 000.00
Western Cape	26	26 462 976.00	37 706 606.00	33 572 256.00	32 569 409.00
Total	147	166 066 382.14	177 289 475.70	183 109 545.06	195 298 939.94

Reply:

a) There are three (03) officials serving sentences for smuggling contraband into prison cells as follows:

• 02: Limpopo, Mpumalanga & North West (LMN) Region
• 01: Eastern Cape Region (EC)

b) A total of 19 officials are facing criminal charges in the following regions.

• 11 cases from KwaZulu-Natal Region
• 03 cases from EC Region
• 02 cases from LMN Region
• 03 cases from Gauteng Region

c) The total number of officials facing internal departmental probes on smuggling contraband without formal criminal charges for the past two financial years including the current financial year as follows:

Financial Year	Total Number
2020/2021	34
2021/2022	104
2022/2023 (April-August 2022)	56

END

Reply:

1. The KZN Department of Health is not aware of any offer made to the Province by the Private Health Care Groups to train more than 200 nurses to counter a threatening shortage of skills. Instead the Province have granted permission and support letters to Private colleges to place their students in public health establishment for them to achieve the clinical training component which cannot be provided by the private nursing schools.
2. None of the other provincial departments of health offer nurse training in collaboration with the private health care groups.

END.

Reply:

Government was able to cushion the consumers at the height of these increases by selling strategic crude reserves as well as foregoing some revenue. In addition a 10 cent demand side management levy was removed for inland provinces.

Reply:

a) As of 1 June 2022, the WC Region had a total of 7 provincially Contracted assessors, who may be shifted across areas of need should they agree. The table below reflects the current distribution of contracted doctors servicing the areas of George, Rieversdale, Knysna, Mossel Bay and Plettenberg Bay:

Service Area	No. of Servicing Dr/s
i) George	1
ii) Riversdale	1
iii) Knysna	1
iv) Mossel Bay	1
v) Plettenberg Bay	1

 

(b) If a client is reapplying for a lapsed disability grant (usually a temporary grant which has lapsed), the application is treated as new. Unfortunately SASSA’s information system does not segregate booked clients as new applicants or active beneficiaries.

As of 20 September 2022 the number of clients awaiting an assessment, in the listed areas, is indicated in the table below:

Service Area	Clients Awaiting Assessment
i) George	985
ii) Riversdale	None
iii)Knysna	None
iv) Mossel Bay	747
v) Plettenberg Bay	None
Total	1 732

Reply:

(1)(a) The identified and targeted land parcels are required for the implementation of various key human settlements programmes which include upgrading of informal settlements, rural housing programme, social housing, integrated residential development programme, title restoration programme (tenure upgrading) and the finance-linked individual subsidy programme. The respective programmes, therefore provide for criteria for allocation of completed units with preference being given to local qualifying beneficiaries residing within the specific localities where the projects are located.

The generic qualification criteria for housing subsidy and therefore land allocation are the following:

1. A lawful resident of South Africa or in possession of permanent residence status.
2. Legally competent to contract.
3. Not yet benefited from government housing assistance.
4. Married or cohabiting.
5. Single with financial dependents, must reside permanently with the applicant.
6. Single persons without financial dependents – apply for purchase of a vacant serviced site or rental accommodation.
7. Monthly household income (proof of income required), R0 – R3500 for a full housing subsidy, R3501 – R 22 000 for a partial subsidy known as Finance Linked Individual Subsidy Programme (FLISP).

(1)(b) The Department of Public Works and Infrastructure (DPWI) has already released 2491 hectares of land located in all nine provinces and seventeen municipalities for human settlements development purposes.

DPWI targets to conclude the release of over 7000 hectares of land for human settlements by the end of the current financial year. Additional land parcels have also in the meantime been identified by various municipalities for human settlements development including emergency housing

(1)(c) The Housing Development Agency works with the respective municipalities and the provinces to ensure joint development planning of the released land parcels. This includes coordination and monitoring of infrastructure planning and budgeting for the required services to support human settlements projects.

Reply:

(a) (i) & (ii) Capitation and mechanisms are largely driven through Institutional Investment Grant (IIG) support which include training, incubation, and project packaging support summarised as follows:

Social Housing Training rolled out, nineteen (19) training sessions were conducted reaching over a thousand participants countrywide. Topics included Introduction to Social Housing, Planning and Project Packaging a Social Housing Project, Governance Training, Property Management and Social Housing Institution Accreditation Process training. To increase accessibility, reach and raise awareness the training has been converted to a series of short 5-10 minute videos available on the Social Housing Regulatory Authority (SHRA) website.

Incubation Programme – in the 2021/22 financial, year, nine (9) Social Housing Institutions (SHI) received support under this multi-year programme. Two of these we successful in registering potential Social Housing Projects in the pipeline and received further grand funding to carry out project feasibility studies on these projects. One of these SHIs has since began with construction of the project and has been provided with legal support around contracting.

Pre-Accreditation Grant support – five (5) emerging companies are supported for Accreditation.

(b) Through compliance monitoring on the performance of institutions areas of poor performance and areas of improvement are identified. Tenancy audits and building condition audits undertaken by SHRA have led to the development and implementation of remedial action plans.

Failure to adhere to the remedial actions identified would then result in enforcing powers of intervention (section 12 of the Social Housing Act 16 of 2008) permits the SHRA to undertake forensic investigations and in instances where maladministration is identified seek for a high-court application to place the institution under administration.

The Social Housing Act 16 of 2008 specifies that the delivery of sustainable Social Housing requires participation of National Government, Provincial Government, Local Authorities, and the Regulator.

As a schedule 3A public entity, the SHRA under the Human Settlements portfolio is required to comply with the legislative prescripts such as the Public Finance Management Act 1 of 1999 and the Department of Public Monitoring and Evaluation (DPME) revised framework for Strategic and Annual Performance Plans. The National Department of Human Settlements is in the process of a mid-term review of its programmes.

Reply:

(1) a) For the period referred to in the parliamentary question from 2012/2013 to 2021/2022 financial year, 1174 persons were suspected to have unduly benefited from the social grant system leading to cases referred to law enforcement.

b)The breakdown of the number of persons who unduly benefited

No	Year	Beneficiaries	Offic ials	Money Lenders	Other
1	2021/22	-	50	-	-
2	2020/21	17	20	-	-
3	2019/20	83	16	3
4	2018/19	73	52		1 CPS Official 6 Public Works Officials 5 Former SASSA Officials
5	2017/18	38	195	53	7 private person 1 CPS
6	2016/17	1	22	-	3 Private Persons
7	2015/16	9	337		5 Doctors 5 Private persons 3 Former SASSA Officials
8	2014/15	-	3	64	16 Private Persons 2 CPS Officials
9	2013/14	-	56	-
10	2012/13	-	10	-	03 Former SASSA Official 15 Agents/Tout
	Subtotal	221	761	120	72 Private persons
	TOTAL	1174

2 a) The total potential loss is projected at R536 683 179.12. Some of the cases are not yet finalised to come to full determination of the actual loss.

b) The breakdown of potential loss in each year

No	Year	Potential Loss	Budget Amount	Loss as a %
1	2021/2022	R 23 141 386.15	R 221,716,422,608.00	0.010%
2	2020/2021	R 8 554 573.60	R 195,516,422,608.00	0.004%
3	2019/2020	R 6 861 156.50	R 175,155,593,000.00	0.004%
4	2018/2019	R 215 402 889.89	R 162,960,723,000.00	0.132%
5	2017/2018	R 6 886 687.94	R 151,580,232,000.00	0.005%
6	2016/2017	R 75 085 055.62	R 140,498,691,000.00	0.053%
7	2015/2016	R 14 712 807.44	R 129,818,278,000.00	0.011%
8	2014/2015	R 59 203 282.32	R 120,952,101,000.00	0.049%
9	2013/2014	R 109 949 555.00	R 113,006,841,000.00	0.097%
10	2012/2013	R 16 885 784.66	R 104,887,916,000.00	0.002%
Total	R 536 683 179.12	R 1,516,093,220,216.00	0.034%

 

Reply:

1. The National Department of Health (NDoH) is committed to improving the health status of all South Africans. The ministerially appointed National Essential Medicines List Committee (NEMLC) consider medications for inclusion on the Essential Medicine List (EML) based on priority conditions within the country, taking into consideration the clinical need, evidence of efficacy, quality, safety, affordability and implications for practice.

The review of medicines for inclusion on the EML and use in the public sector is a dynamic process, with disorders/medicines being reviewed continuously based on factors including the changing clinical need, emerging clinical evidence, availability of new medicines, price of medicines. This has been demonstrated with the approval of newer agents on the EML such trastrastuzumab and bortezomib in the management of breast cancer and are both available in the public sector.

Although a number of the agents used in the field of haematology and oncology are 20 to 30 years old, these agents are established effective therapies considered standard of care for particular indications in these fields.

Cost-effectiveness, affordability and security of supply of these newer agents is often the reason why they are not considered for use in both the private and public sectors.

The private sector is also often limited by the price of these newer agents, and may only be able to use them in situations where medical schemes cover portions of the costs, with large co-payments are made by individuals out of pocket. The availability of generic and biosimilar agents will promote competition driving down the prices of these newer agents for consideration for widespread public health use.

Both undergraduate and postgraduate trained clinicians in the fields of medical oncology and clinical haematology are exposed to modern therapeutic options. Additionally, exposure to use of these agents is often gained through work in clinical trials and access programmes.

2. Treatment options that are currently provided in the South African public sector are based on available evidence as described above.

The current budget for medicines is approximately R 20 billion, with an additional budget allocation per province for more modern therapeutic options in the National Tertiary Services Grant.

MEDICINE BUDGET
R Thousands	Main Budget 2022/23
Provinces
Eastern Cape	2,067,531
Free State	1,020,160
Gauteng	5,117,929
Kwazulu-Natal	4,535,574
Limpopo	1,499,518
Mpumalanga	1,793,290
Northern Cape	415,010
North West	1,215,842
Western Cape	1,876,983
Total	19,541,837

END.

Reply:

1. I wish to acknowledge the challenges that the Department has in ensuring that the Court Recording Technology (CRT) and Sexual Offences Courts’ Systems (SOS), are fully maintained and functional. The Director-General and his Team are working very hard to restore functionality, ensure that relevant technology is available in courts, and ensure that courts are functional. Meetings with relevant Departmental officials, in the National and Provincial Offices, and the current service provider (Datacentrix), are held on a weekly basis to strategically discuss challenges and progress on the project.

a) As at 1 June 2022, there were 1 566 functional CRT machines (77%) and 548 non-functional machines (23%). As of 10 September 2022, 1 794 machines were fully functional (88%) as compared to 230 (12%) that are non-functioning.

b) The number of SOS, that were functioning on 1 June 2022, were 270 (67,8%), and 128 (32,2%), were non-functioning. As of 10 September 2022, 319 (80,2%) SOS were fully functioning, and 79 (19,8%) were not functioning.

Between July 2022 and August 2022, 50 SOS court rooms were upgraded from old to new technology (SOS), and in those courts, the systems are stable. 110 SOS court rooms have been identified for the next phase of the upgrade. The Project is anticipated to be completed by 31 December 2022, where-after all problematic SOS court rooms will be fixed.

The Alternative SOS Solution, that has been considered and is being used by some Provincial Offices, is an attempt to temporarily substitute the normal SOS in the Courtrooms by utilizing the below IT equipment:

• Video-Conferencing Capable Laptops – These devices are meant to connect the Intermediary room and the court room together utilizing two (2) laptops that have built-in camera, microphone and a wireless adapter to ensure that child victims can be both seen and heard during testimony by court participants, and most importantly recorded during the session.
• The other supporting equipment used are lapel microphones (clip-on microphone) for the child victim and headphones with a mouthpiece for the intermediary officer – these ensure sound is carried from both the intermediary officer and child victim into the court.
• The other supporting equipment used in the solution, is the conferencing speakerphones (conference microphone) – This is used to pass/communicate testimonies into the working CRT or alternatively used to record sound from the intermediary and other present court participants into an actively recording laptop via the built-in voice recorder app.
• The platform that is being used to connect the two rooms together is, MS Teams (other Video-conferencing platforms can be used but since this solution is being paid for in-house, that is why Kwa-Zulu Natal chose to use it).
• In closing, other video-conferencing solutions are currently being explored and tested and the above is subject to change, if other cheaper/ cost effective means are found to be stable and efficient.

2. I wish to inform you that the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), does not specifically provide for the appointment of specialist interpreters. However, I wish to inform you as follows:

a) There are no posts created for Special Court Interpreter for the Sexual Offences Courts. Currently, the placement of interpreters in Sexual Offences Courts and matters involving children, people with disabilities and other vulnerable witnesses are mainly based on experience, character and demeanor of the Interpreter.

b) The Department, working closely with the Judiciary and Prosecutors, will design a programme that will be offered to Sexual Offences Courts’ Interpreters. This programme will focus on issues such as child development, needs of people with disabilities and complexities relating to sexual offences.

Reply:

1. Yes. The Department is working with SAFA to host a Football Indaba. The goal of the National Football Indaba is to objectively assess all facets of the South African football system, identify the challenges, problems, critical failures, and success factors and formulate a turnaround plan and/or approach to reposition and restore South African football as a premier sport in the country. The concept documents and draft programme for the indaba are in place, however, a suitable date is yet to be confirmed.

2(a). No date has been confirmed as yet, however, on 03 October 2022, the Department met with SAFA and resolved that the Indaba would take place in the 4th quarter of 2022/23, ideally in February 2023. SAFA committed to confirm a date by 14 October 2022.

(c). The budget for Indaba has not been determined. The budget is dependent on the final plans, operations, and logistical arrangements.

(d).The challenge has been in terms of coordinating the diaries of all the key stakeholders considering a range of factors such as the National, Continental and International Football Calendar. It is worth noting that 2022 concludes the full cycle of SAFA Vision 2022 which would form the basis of the review and Indaba Agenda. This was resolved at the last meeting held with SAFA.

(e). There has not been any reason or need identified to pressure SAFA.

3. SAFA is working closely with the Department in terms of the implementation of Schools Football, whereby football is part of the Winter National School Sport Championship. Subsequently, both parties with the Department of Basic Education manage the participation of the two winning schools in the continental championship. Additionally, SAFA and the Department jointly launched the FIFA ‘Football for Schools’ programme, which is to be officially rolled out in the fourth quarter of the current fiscal year. SAFA further provides technical support by offering the training of educators and school-linked volunteers in coaching and refereeing.

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:

In terms of Section 13 (5) (b) (ii) of the National Sport and Recreation Act, the Minister is debarred from involvement in matters of administration in sport. The Section states that “The Minister may not interfere in matters relate to administration of sport and appointment of or termination of the service of the Executive Members of the sport or recreation body.

In addition, the Federations are Non-Governmental Organizations and as such are independent of Government. The matters referred to are administrative and are Human Resources related and as such are dealt with in terms of policies governing employer and employee relationships.

Minister urges the Hon. Member to familiarise himself with the policies and legislation referred to above.

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 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:

(a). In as far as the craft sector is concerned the Department is looking to set up a permanent national exhibition, the Beautiful Things Exhibition (BTE), alongside an outlet for transactions, in City of Tshwane to provide craft practitioners from all parts of the country with an opportunity to showcase and derive economic benefit from their products by February of 2023. The last edition of BTE was at the Graskop Gorge in March of 2022, and now the Department intends to set this up as a permanent exhibition to provide a national platform for crafters.

In as far as performing arts are concerned the Department is engaged in consultative discussion with previously marginalized Provinces: (i) Northern Cape – Northern Cape Theatre was refurbished by DSAC and launched on 15 December 2021, (ii) Limpopo - Limpopo Theatre site has been identified, design approved and the Mpumalanga Theatre Feasibility Study Report has been submitted, (iv) Eastern Cape - Mandela Bay Theatre Complex was launched in May 2021 to establish creative spaces (provincial theatres). The intention is to retain talents within local spaces in these Provinces through the provision of theatres for development and promotion of local talents.

(b). The intention is to provide an opportunity for participation to craft producers without them seeing the need to migrate to the cities to build their profile. Furthermore, the Department, working with the Department of Small Business Development and other strategic partners collaborate better to support targeted market access platforms.

Reply:

(a). The Mangaung African and Cultural Festival is owned by the Free State Department of Sport, Arts, Culture, and Recreation. The Provincial Department will be in a better place to provide clarity on the rationale for hosting the event in Manguang without considering any other region in the Free State Province.

NATIONAL ASSEMBLY

Recommended with amendments.

QUESTION NO. 3431-2022

WRITTEN REPLY

DATE OF PUBLICATION IN THE INTERNAL QUESTION PAPER: 30 SEPTEMBER 2022: INTERNAL QUESTION PAPER NO. 37 – 2022

“Mr. B S Madlingozi (EFF) to ask the Minister of Sport, Arts and Culture

1. Having heard how the creativity of Solomon Linda was abused by white persons both locally and abroad, what measures have been taken to assist poor, vulnerable and uneducated artists, so that they are not exposed to the same exploitation and slavery by unscrupulous producers and record company executives? NW4233E

REPLY

We have vigorously supported the initiative by the Department of Trade, Industry and Competition in the development of the Copyright Amendment Bill and Performers Protection Bill, which have since been by the National Assembly and has sent them to the National Council of Provinces (NCOP) for concurrence. The main aim of the two bills is to protect the interest of the creative workers.

 

NATIONAL ASSEMBLY

Recommended.

QUESTION NO. 3446-2022

WRITTEN REPLY

DATE OF PUBLICATION IN THE INTERNAL QUESTION PAPER: 30 SEPTEMBER 2022: INTERNAL QUESTION PAPER NO. 37 - 2022

Mr K Ceza (EFF) to ask the Minister of Sport, Arts and Culture

(a) By what date will provisions be made for local platforms such as radio, television and museums through which artists will be able to express their craft within their communities and improve tourism and

(b) how will his department discourage artists from migrating to Johannesburg in order to build their profile? NW4251E

REPLY

(a). In as far as the craft sector is concerned the Department is looking to set up a permanent national exhibition, the Beautiful Things Exhibition (BTE), alongside an outlet for transactions, in City of Tshwane to provide craft practitioners from all parts of the country with an opportunity to showcase and derive economic benefit from their products by February of 2023. The last edition of BTE was at the Graskop Gorge in March of 2022, and now the Department intends to set this up as a permanent exhibition to provide a national platform for crafters.

In as far as performing arts are concerned the Department is engaged in consultative discussion with previously marginalized Provinces: (i) Northern Cape – Northern Cape Theatre was refurbished by DSAC and launched on 15 December 2021, (ii) Limpopo - Limpopo Theatre site has been identified, design approved and the Mpumalanga Theatre Feasibility Study Report has been submitted, (iv) Eastern Cape - Mandela Bay Theatre Complex was launched in May 2021 to establish creative spaces (provincial theatres). The intention is to retain talents within local spaces in these Provinces through the provision of theatres for development and promotion of local talents.

(b). The intention is to provide an opportunity for participation to craft producers without them seeing the need to migrate to the cities to build their profile. Furthermore, the Department, working with the Department of Small Business Development and other strategic partners collaborate better to support targeted market access platforms.

NATIONAL ASSEMBLY

Recommended with amendments.

QUESTION NO. 3494-2022

WRITTEN REPLY

INTERNAL QUESTION PAPER NUMBER 37 OF 2022 DATED 30 SEPTEMBER 2022

“Mr. D Joseph (DA) to ask the Minister of Sport, Arts and Culture;

(1). what is the status of (b) structures in each province; (2) what are the details of support programme offered by SA Rugby to the deaf sevens rugby team in view of their participation in the 2023 world cup in Cordoba, Argentina in 2023? NW4307E

REPLY

South African Rugby provided the following information in response to the question;

There are no deaf rugby clubs in South Africa, all deaf rugby players play for amateur clubs in their area of residence, which is understandably problematic. SADRA’s aim is to implement more programmes in future to enable player numbers to grow and to establish their own clubs.

The South African Deaf Rugby Association (SADRA) has a footprint in the following provinces:

1. Eastern Cape
2. Free State
3. Gauteng
4. KwaZulu-Natal
5. Limpopo
6. Mpumalanga
7. Northwest
8. Western Cape.

The relationship with SADRA is governed by a memorandum of agreement entered in 2018. SADRA has their own governance structures and is responsible to source its own money, sponsors, and partners. SADRA is responsible for their own development and building its footprint. SA Rugby assist SADRA on their request. The following is the support provided by SA Rugby to SADRA.

1. Ensures access to BokSmart training programs and courses for all SADRA members. It was made accessible to deaf and hard-of-hearing people.
2. Ensures SADRA participants have access to SA Rugby/World Rugby Coaching, Referee and Club administration courses.
3. Supports SADRA events.
4. SA Rugby provided SADRA with funds in 2022. This support will be repeated in 2023.
5. SA Rugby has applied for funding to the Department for Sport, Arts and Culture (DSAC) for a grant in aid (Funding) on behalf of Deaf Rugby.
6. SA Rugby is assisting SADRA with an application to the Lotto. Due to governance reasons at SADRA prior to the appointment of their new President, this is currently work in process.
7. SA Rugby is committed to contributing certain items (kit) for the men and female teams for the 2023 World Cup Sevens in Cordoba, Argentina 2023.
8. The participation of the female team is under consideration and subject to the availability of player resources that is currently being investigated by SADRA.

NATIONAL ASSEMBLY

Recommended.

QUESTION NO. 3595-2022

WRITTEN REPLY

INTERNAL QUESTION PAPER NUMBER 37 OF 2022 DATED 30 SEPTEMBER 2022

Mr. T W Mhlongo (DA) to ask the Minister of Sport Arts and Culture:

(1) whether his department intends to facilitate a soccer and/or football indaba of the SA Football Association (SAFA); if not, what is the position in this regard; if so, how far are the preparations.

(2)(a) on what date is it envisaged that the football indaba will be held, (b) what is the total budget for the indaba, (c) what are the challenges his department is experiencing with regard to the indaba and (d) what steps has he taken to put pressure on safa to ensure that the soccer indaba takes place;

(3) how far are the negotiations with SAFA regarding school sports? NW4350E

REPLY

1. Yes. The Department is working with SAFA to host a Football Indaba. The goal of the National Football Indaba is to objectively assess all facets of the South African football system, identify the challenges, problems, critical failures, and success factors and formulate a turnaround plan and/or approach to reposition and restore South African football as a premier sport in the country. The concept documents and draft programme for the indaba are in place, however, a suitable date is yet to be confirmed.

2(a). No date has been confirmed as yet, however, on 03 October 2022, the Department met with SAFA and resolved that the Indaba would take place in the 4th quarter of 2022/23, ideally in February 2023. SAFA committed to confirm a date by 14 October 2022.

(c). The budget for Indaba has not been determined. The budget is dependent on the final plans, operations, and logistical arrangements.

(d).The challenge has been in terms of coordinating the diaries of all the key stakeholders considering a range of factors such as the National, Continental and International Football Calendar. It is worth noting that 2022 concludes the full cycle of SAFA Vision 2022 which would form the basis of the review and Indaba Agenda. This was resolved at the last meeting held with SAFA.

(e). There has not been any reason or need identified to pressure SAFA.

3. SAFA is working closely with the Department in terms of the implementation of Schools Football, whereby football is part of the Winter National School Sport Championship. Subsequently, both parties with the Department of Basic Education manage the participation of the two winning schools in the continental championship. Additionally, SAFA and the Department jointly launched the FIFA ‘Football for Schools’ programme, which is to be officially rolled out in the fourth quarter of the current fiscal year. SAFA further provides technical support by offering the training of educators and school-linked volunteers in coaching and refereeing.

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 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:

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:

We have vigorously supported the initiative by the Department of Trade, Industry and Competition in the development of the Copyright Amendment Bill and Performers Protection Bill, which have since been by the National Assembly and has sent them to the National Council of Provinces (NCOP) for concurrence. The main aim of the two bills is to protect the interest of the creative workers.

 

Reply:

South African Rugby provided the following information in response to the question;

There are no deaf rugby clubs in South Africa, all deaf rugby players play for amateur clubs in their area of residence, which is understandably problematic. SADRA’s aim is to implement more programmes in future to enable player numbers to grow and to establish their own clubs.

The South African Deaf Rugby Association (SADRA) has a footprint in the following provinces:

1. Eastern Cape
2. Free State
3. Gauteng
4. KwaZulu-Natal
5. Limpopo
6. Mpumalanga
7. Northwest
8. Western Cape.

The relationship with SADRA is governed by a memorandum of agreement entered in 2018. SADRA has their own governance structures and is responsible to source its own money, sponsors, and partners. SADRA is responsible for their own development and building its footprint. SA Rugby assist SADRA on their request. The following is the support provided by SA Rugby to SADRA.

1. Ensures access to BokSmart training programs and courses for all SADRA members. It was made accessible to deaf and hard-of-hearing people.
2. Ensures SADRA participants have access to SA Rugby/World Rugby Coaching, Referee and Club administration courses.
3. Supports SADRA events.
4. SA Rugby provided SADRA with funds in 2022. This support will be repeated in 2023.
5. SA Rugby has applied for funding to the Department for Sport, Arts and Culture (DSAC) for a grant in aid (Funding) on behalf of Deaf Rugby.
6. SA Rugby is assisting SADRA with an application to the Lotto. Due to governance reasons at SADRA prior to the appointment of their new President, this is currently work in process.
7. SA Rugby is committed to contributing certain items (kit) for the men and female teams for the 2023 World Cup Sevens in Cordoba, Argentina 2023.
8. The participation of the female team is under consideration and subject to the availability of player resources that is currently being investigated by SADRA.

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:

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. 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:

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:

(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:

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.

-------------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:

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:

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. 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) 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:

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.

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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 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.

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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.

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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.

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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.

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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