Questions and Replies

Reply:

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

Reply:

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Reply:

(a – d)

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

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

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

END

 

Reply:

1. Yes the Department of Basic Education (DBE) does have the list of incomplete school renovation projects as they are captured on the Infrastructure Reporting Model. The details  are as per the attached project list from Infrastructure Reference Mode (IRM). 

(2) (a) The project timelines are as per the project list attached, (b) Some of the reasons are  poor performance by contractors and  disruptions by business forums; (c) The cost implications are as per attached project list.

Reply:

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

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

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

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

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

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

END

Reply:

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

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

Reply:

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

(i) Details regarding the state of the WWTW:

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

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

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

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

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

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

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Reply:

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

 

Reply:

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

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

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

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

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

 

Reply:

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

Reply:

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Reply:

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

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

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

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

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

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Reply:

(1) The Department is not working on a gender-sensitivity policy per se. The DBE is preparing to consult on a set of guidelines for Sexual Orientation Gender Identity, Expression and Sex Characteristics.

(2) The DBE has collaborated with the Social Inclusion in Education Working Group to address the human rights and needs of gender and sexual minorities in education.

(3)(a)(i)The goals of the Social Cohesion and Equity in Education unit are linked to the National Development Plan as follows: In 2030, South Africa will be a society where opportunity is not determined by race or birth right, and where citizens accept they have both rights and responsibilities. We will be a united, prosperous, non-racial, non-sexist and democratic South Africa. The Social Cohesion and Equity in Education unit translates this goal for the school setting. 

(ii) The mandate of the Social Cohesion and Equity in Education unit is to lead the transformational agenda of the basic education sector, with a focus of how transformation manifests in schools. 

(b) The work of the Social Cohesion and Equity in Education unit is mainly funded through the Basic Education Budget Vote. Supplementary funding sources are sometimes obtained through social partners, development agencies and international organisations to support the mandate. 

Reply:

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

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

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

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

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

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

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Reply:

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Reply:

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

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

(3) Not applicable.

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Reply:

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

Reply:

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

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

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

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

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

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

The WCDM Strategy includes projects such as:

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

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

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Reply:

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

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

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

END

Reply:

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

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

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

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

END

Reply:

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

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

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

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Reply:

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

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

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

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

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

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

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

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

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

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

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Reply:

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

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

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Reply:

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

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

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

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

END

 

Reply:

No. The SSA derives its mandate from section 2 of the National Strategic Intelligence Act, 1994 (Act No 39 of 1994). This mandate does not cover the private residences of the President and thus the SSA had no involvement in the Phala Phala investigation; not before, nor after the alleged criminal acts that took place in February 2020.

Reply:

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

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

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

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

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

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

END

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Reply:

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

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

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

END

Reply:

During negotiations following PSCBC Resolution 1 of 2018, extensive costing of various modes of implementation was undertaken. The final cost estimated that the compensation of employees (CoE) baseline for provincial education departments was set to increase by R347 million after the first leg of 0.3% increment in 2018/19 with the increase in 2019/20 being R1094 million following the second leg increment completing the 0.5%. 

Reply:

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

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

Reply:

(1) The Department does not have the authority to regulate the processing of residue deposits at the Jagersfontein dam and thus cannot investigate the cause of the accident. This is as a result of the De Beers court judgment over Jagersfontein mine residue deposits (De Beers Consolidated Mines Ltd v Ataqua Mining (Pty) Ltd & others, case no. 3215/06, Free State Provincial Division, 13 December 2007).

(2) Department of Mineral Resources and Energy will not be in a position to provide response on the matter which should be responded to by the Departments of Labour, Forestry, Fisheries, Environmental Affairs, and Water and Sanitation since they have a regulatory jurisdiction over certain of the operations of Jagersfontein Developments (PTY) Ltd.

(3) Please refer to (1)

 

Reply:

1. The sale by the IDC of shares that it holds in a company is based on a number of considerations, including whether such sale is warranted given the IDC strategic mandate. The discussions between the IDC and the investor covered matters that are covered by the IDC mandate, including working capital commitments, market access commitments including on exports, transformation, incorporation of minority protection rights and development of industrial opportunities in South Africa, including in green technologies. The shareholder representative supported the approach of the IDC in respect of securing appropriate terms on these matters that would further the IDC mandate.
2. We are advised by the IDC that the prospective buyer cited their reason for withdrawing from the deal as the weakening global economic conditions, which have led them as a company to reconsider their investment decisions.

-End-

Reply:

I do not discuss my diary and political activities with those deemed not to be relevant on the matter. The member is requested to explain the relevance of the question to my work as a Minister.

Reply:

a) Contracts awarded to training and development service providers:

The Department has not awarded any contracts to training and development service providers. When a training and development request is received, a RFQ is issued to Supply Chain Management to obtain quotations which are sourced as per National Treasury requirements for service providers through the Central Supplier Database through National Treasury.

b) The breakdown of costs for training and development services in the (i) 2021-22 and (ii) 2022-23 financial years is tabulated below:

Description	Amount Spent
2021-22 Financial Year
Bursaries	R1 237 000.00
NQF aligned Training and Development	R346 820.49
Non NQF aligned Training and Development	R567 238.51
Internship	R849 781.68
Total spent	R3 000 840.68
2022-23 Financial Year
Bursaries	R117 791.00
NQF aligned Training and Development	R0.00
Non NQF aligned Training and Development	R390 193.00
Total spent	R507 984.00

c) The number of persons trained:

The number of staff members trained in the Department for:

• 2021-22 financial year amounts to 185 staff members for NQF and Non-NQF aligned training; and
• 2022-23 financial year amounts to 34 staff members trained for Non-NQF training from 01 April to 05 September 2022.

d) The NQF level of the training attained is tabulated below

NQF Training and Development Interventions for staff :2021-22
NQF Training and Development
NQF Level	Intervention	Number of staff members
NQF levels 1-3	SHE Representative training	25
NQF levels 1-3	Fire Fighting training	25
NQF levels 1-3	Evacuation Marshal training	25
NQF levels 4-6	Assessor training	1
NQF levels 4-6	Moderator training	1
Qualifications
NQF level 6	BA in Public Administration and Communication Facilitation	1
NQF level 8	BCom Honours: Industrial & Organisational Psychology	1
	BCom Business Management	1
	BCom Media Studies	1
	BCom Integrated Organizational Communication	1
	B-Tech Project Management	1
	B-Tech Forensic Investigation	1
	Postgraduate Diploma Management	2
	Postgraduate Diploma in Public Administration	1
	Bachelor of Law	1
NQF level 9	Master’s in Business Leadership	1
	Master’s in Business Administration	2
	Masters in Urban Infrastructure Design and Management	1

e) The certificates awarded to staff:

Certificates awarded to staff members for 2021-22 and 2022-23 financial years are:

NQF, Non-NQF Training and Development Interventions and Qualifications obtained by staff for 2021-22 and 2022-23 financial years
NQF Training and Development
NQF/ Non Level	Intervention	Number of staff members
Certificate as per Programme
None NQF training	Executive Education Programme	2
Certificate as per Qualifications
NQF level 6	BA in Public Administration and Communication Facilitation	1
NQF level 8	BCom Honours: Industrial & Organisational Psychology	1
	BCom Business Management	1
	BCom Media Studies	1
	BCom Integrated Organizational Communication	1
	B-Tech Project Management	1
	B-Tech Forensic Investigation	1
	Postgraduate Diploma Management	2
	Postgraduate Diploma in Public Administration	1
	Bachelor of Law	1
NQF level 9	Master’s in Business Leadership	1
	Master’s in Business Administration	2
	Masters in Urban Infrastructure Design and Management	1

f) The amounts spent on travel, venues and catering from the cost centre:

The amount spent on travel, venues and catering for:

• 2021-22 financial cycle amounted to R38 400.00; and
• 2022-23 financial cycle (01 April to 05 September) amounts to R0.00.

Reply:

1. Since the pandemic, South Africa has played a more prominent role as an official bilateral creditor and G20 member to provide constructive solutions to the debt challenges on the African continent, first through its participation in the G20 Debt Service Suspension Initiative (DSSI) that was in force from May 2020 until December 2021, and now as vice-chair of Zambia’s official creditor committee (OCC) under the G20 Common Framework for Debt Treatment beyond the DSSI. South Africa has supported the Common Framework which was established in November 2020 as a great improvement in the international debt architecture as it involves the first ever formal coordination between the G20 and the Paris Club creditors on debt treatments for the 73 Low Income Countries (LICs) eligible for the DSSI. The framework is to ensure broad participation of creditors, including the private sector, with fair burden sharing to ensure timely debt resolutions.

South Africa has agreed to become a prospective member of the Paris Club this year, after being an ad hoc participant since 2015. The Paris Club consists of a group of officials from major creditor countries whose role is to find co-ordinated and sustainable solutions to the payment difficulties experienced by debtor countries. South Africa’s enhanced status in the Paris Club provides it with the opportunity to become a full member of the Paris Club within a set period or revert to its former status as ad hoc participant.

The reform of the international debt architecture entails an end objective of broader multilateral cooperation in addressing sovereign debt issues and shifting away from plurilateral arrangements.

2. South Africa previously participated in some of the Paris Club debt treatments and restructuring processes in the 1990s. Also, South Africa participated in the Seychelles restructuring in 2015, during which it became an ad hoc member to the Paris Club. South Africa has credit exposure to Zambia who requested a debt treatment in 2021 from its creditors. This year, South Africa became vice-chair of Zambia’s official creditor committee (OCC) under the G20 Common Framework for Debt Treatment beyond the DSSI, with China and France co-chairing the OCC. The OCC brings together Zambia’s official bilateral creditors to negotiate the parameters of a debt treatment for the country. South Africa’s participation in international debt treatments and restructurings are guided by its status as an African creditor that seeks to implement fair solutions to the debt challenges experienced on the African continent. South Africa has exposure as a creditor through loans provided by its Development Finance Institutions (DFIs) on the continent.

Reply:

A) What total number of (i) staff personnel and/ or delegates are working in the office and (ii) floors and/or offices are included within the rental?

(i) The total staff establishment of transferred staff and locally recruited personnel for the two (2) missions occupying the premises is 67.

(ii) The missions occupy two (2) floors on these premises. They are occupying the 9th and 10th floor respectively.

B) What is the (i) total square footage of the office and (ii) reason and/or justification for the high rental figure of almost R2,7 million per month?

(i) The total square footage for the two and (ii) reason and/or justification for the high rental figure of almost R2,7 million per month?

(i) The total square footage for the two Missions is 51 843 square feet, and

(ii) The building wherein the Missions are now situated is within close proximity to the United Nations and the transit system. These are critical considerations with regard to the accessibility and mobility requirements of the Missions’ operations.

Reply:

a) There are 90724 cases registered by UIF during the financial year 2020/2021, and 68 669 cases were paid.

During the Financial Year 2021/22, 116250 cases were registered and 91034 paid.

In the period of 2020-2021

The Total Number of Farm worker cases for:

UIF	17
CCMA	33
COIDA	6

Reply:

The Minister of Public Works and Infrastructure

The Department of Public Works and Infrastructure (DPWI) informed me that no policy review document or any other government policy document has been submitted by the Department to structures outside of Government unless such was part of a policy development process in line with the approved Policy framework where a stakeholder matrix was developed with key stakeholders identified in advance in terms of their participation and contribution in the development of policy.

The Department follows government-based policy development processes. When a policy is developed and ready for consultation with stakeholders, the process follows approval from the Accounting Officer and/or the Executive Authority before engaging stakeholders. The Policy, Research and Regulation Branch is charged with the responsibility of assisting the Minister in the development of policy (e.g. legislation or regulations) in terms of the construction and property industries also align to policy development processes prescribed in the National Policy Development Framework (NPDF).

In the last five years, policies developed or reviewed were engaged in the prescribed format through gazetting for public comment. For instance, in terms of the Construction Industry Development Board (CIDB), regulations such as the amendment to the Best Practice Project Assessment Scheme were gazetted in September 2020 and in 2018, the CIDB adjusted range of tender values that were also gazetted. In such instances, members of society have access to these documents as they are public documents. With regards to the Expropriation Bill [B23-2020], on the other hand, the Department consulted with various government departments as part of developing SEIAS; and we have also engaged with the Ambassadors (Minister’s engagement) of different countries.

Therefore, apart from a standard and approved policy development process where relevant stakeholders are identified and consulted in different stages of the process, no policy document has been shared with structures outside of Government.

Reply:

(a)(i) The total number of (Late Registration of births) applications received of undocumented South Africans in the 2021/22 financial year were 104 823.

(a)(ii)&(iii) The total number of reports and grievances of undocumented South Africans that were received in the 2021/22 financial year were 598.

(b) The total number of the specified cases that were resolved in the 2021/22 financial year were 260.

END

Reply:

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Reply:

The Minister of Public Works and Infrastructure

1. The Department of Public Works and Infrastructure has informed me there are 111 permanent workers and zero contract workers employed in the horticulture section of the Western Cape regional office.
2. The horticultural section services 58 properties.
3. Yes. One car, one 8-seater bus, one long wheel base bakkie and one 4x4 bakkie – it is important to note that this section also has access to other vehicles as and when required.

Reply:

a) The Department of Mineral Resources and Energy, is responsible for the enforcement of the respective legal provisions in the mining sector.

b) The court in the De Beers judgment over Jagersfontein mine residue deposits (De Beers Consolidated Mines Ltd v Ataqua Mining (Pty) Ltd & others, case no. 3215/06, Free State Provincial Division, 13 December 2007) held that historical mine residue deposits (those created before the coming into operation of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) on the 01st of May 2004) are not minerals as contemplated in the MPRDA and such they are not regulated under provisions of the MPRDA. The processing of historical mine residue deposits does not constitute mining and the area where they are situated is not classified as a mine. This was again confirmed by the court judgment in the case of Ekapa Minerals (Pty) Ltd & Others vs Lucky Seekoei & Others (2057/2016) [2017] ZANCHC 5 (13 January 2017). Consequently, the Department did not have the authority to regulate the activities (including health and safety) in the processing of mine residue deposits at the Jagersfontein dam. However, the Department is fully committed to providing its technical and other expertise in the investigation of the accident by the relevant government authorities.

Reply:

(a) The total amount for the indicated period from 1 April 2021 to 31 January 2022 was R77,708,123.

(b) The process followed was an open one at the beginning with the advertisement of the Request for Qualification (RFQ) on 14 May 2021 which closed on 18 June 2021.The Bid Evaluation Committee (BEC) made a recommendation to the Bid Adjudication Committee (BAC) on 21 October 2021, in relation to the bidder which complied with the requirements and the proposal was approved.

The process then assumed a closed format with the Request for Proposals (RFP) circulated to the shortlisted bidders. The closing dates for the submission of costing was 14 December 2021. At the conclusion of the evaluation process, the contract offer was made to the successful bidder on 18 January 2022 and which was accepted on 19 January 2022.

(c) Enviromongz Projects (Pty) Ltd

(d)(i) The contract is for 60 months from 1 February 2022

(d)(ii) The value is R51,886,730.83 per annum

END

 

 

Reply:

The Department oversee the rehabilitation of disused mines that are owner less. It should be indicated the pace and the rate at which rehabilitation of the owner-less mines are carried out is largely informed by the allocation of funds from Treasury. It is common knowledge that the allocated funds remain in adequate to address the existing backlog of operations.

In respect of the mines with owners, administrative processes are followed in that mines are issued with legal notices to carry out rehabilitation as per the approved Environmental Authorization or approved Environmental Management Programme. It should be indicated that where there are challenges relate to areas that are already rehabilitated (in accordance with the commitments outlined as per Environmental Authentications or approved Environmental Management Programme) and are reopened by illegal miners (who are undocumented migrants). Rehabilitation of such area follows after the conclusion of the criminal enforcement process.

 

 

Reply:

DEPARTMENT OF SCIENCE AND INNOVATION

The Department of Science and Innovation (DSI) and its precursor, the Department of Science and Technology (DST) have shared policy documents and policy review documents with structures outside of government during the past five years. Examples of such policy and policy review documents are given below:

• The 2019 White Paper on Science, Technology and Innovation (STI)
• The 2020 Ministerial Review of the Higher Education, Science, Technology and Institutional Landscape (HESTIIL Review)
• The Draft 2022 Science, Technology and Innovation Decadal Plan

In addition, policies and reviews are regularly made available on the DSI Website where these can be accessed widely. Finally, when the DSI organises science engagements, conferences (for instance the upcoming World Science Forum to be hosted in South Africa) and exhibitions of South African science and innovation advances and technological progress, copies of policies and other documents relevant to the topic under discussion, are also provided to the attendees.

a) The copies of the documents referred to above are attached to this reply.

b) It is the mandate of the DSI to steer the national system of innovation (NSI) in South Africa. For the NSI to function optimally the flow of information across South African society is critical. Innovation is driven by the private sector, with the role of government being to create and enabling environment for innovation and to set the regulatory parameters for innovation-related activity in the NSI. For instance, the government provides financial support to undertake research linked to the national priorities and global opportunities for economic growth for instance in the Digital and the Circular Economies. The government further supports the necessary education and skills development, and the acquisition and maintenance of knowledge and innovation infrastructure to help South African research organisations and universities compete on the global stage. However, because of fiscal strain, the government cannot fund all of the research and education needs of South Africa. Funding is also derived from investments in the South African NSI by private sector firms, and foreign governments. The private sector is the main driver of innovation performance in the country, and the government needs to ensure that it responds to the needs of industry and society in developing policies and regulations, for instance proposed procurement of locally developed technologies and business incentives to stimulate innovation in South Africa.

Therefore, it is necessary to involve all of the NSI actors (academia, industry, government and civil society, including labour) in the development of science and innovation policies. It is for these purposes that policy reviews and policy documents are regularly shared with stakeholders such as the following:

• Business associations (for instance the Manufacturing Circle and the Minerals Council South Africa);
• Universities (for instance through USAf, Universities South Africa and the Deputy Vice-Chancellors: Research of South African universities);
• Public research organisations (for instance the Council for Scientific and Industrial Research and the Medical Research Council, as well as the Committee of Heads of Research and Technology Organisations, COHORT);
• Foreign governments (for instance through the British Council, aid organisations and multilateral organisations such as the Organisation for Economic Cooperation and Development, the OECD);
• Civil society organisations (for instance through the South African Local Government Association, SALGA, the Engineering Council of South Africa, ECSA; and activist non-governmental organisations such as Section 27 in the health field), and finally
• Labour organisations (for instance through NEDLAC).

DEPARTMENT OF HIGHER EDUCATION AND TRAINING

The Department submits policy documents to stakeholders within and outside of government as part of the consultation process.  The relevant policies are:

1. The Recognition of Prior Learning Coordination Policy (2016);
2. Articulation Policy for the Post-School Education and Training System of South Africa (2017);
3. The National Skills Development Plan (NSDP) (2019);
4. The SETA Landscape’ (2019); and
5. Skills Strategy to support Economic Reconstruction and Recovery Plan (ERRP)’ (2022).

The Recognition of Prior Learning (RPL) Coordination Policy provides a strong enabling policy environment for the further development and implementation of RPL across the Post -School Education and Training System (PSET), and across all levels of the National Qualifications Framework (NQF). It guides the implementation of RPL, especially concerning the roles and functions of the Department, the South African Qualifications Framework (SAQA), the Quality Councils, the national coordinating mechanism, and the funding mechanisms for RPL implementation.

The Articulation Policy establishes the overarching conceptual structure, principles, and policy statements to support the implementation of credible approaches to articulation within the South African PSET system.

Prior to the publication of these policies in a gazette, SAQA, the Quality Councils, and other relevant stakeholders were consulted as they have a role to play in the implementation of RPL and Articulation.  

The RPL Policy is currently under review and consultations with SAQA, and the Quality Councils were held through meetings including the Chief Executive Committees (CEO) meetings. An online consultative workshop on the Review of the RPL Coordination Policy took place with stakeholders including government; universities; Private Higher Education Institutions; Universities South Africa; SAQA; Quality Councils; Sector Education and Training Authorities (SETAs); Professional Bodies; DHET Regional Offices; Technical and Vocational Education and Training (TVET); and Community Education and Training (CET) Colleges.

The overarching purpose of the National Skills Development Plan (NSDP) is to build the capability of South African citizens through the provision of quality education and skills development thereby contributing to economic growth, employment creation and social development in South Africa.

The New SETA landscape was ushered in on 1 April 2020 by the NSDP and the re-establishment of the SETAs by the Department. In this new dispensation, the role of the SETA’s has been streamlined and re-focussed in order to strengthen their ability to successfully contribute towards the achievement of the NSDP outcomes.

The Skills Strategy has been designed to ensure that skills are available to support the implementation of the Economic Reconstruction and Recovery Plan (ERRP). The strategy identifies the skills implications of the ERRP and outlines ways in which the PSET system, together with other key role-players, will ensure that the skills required to implement this plan are available.

The Department consulted with National Skills Authority (NSA) and social partners at the National Economic Development and Labour Council (NEDLAC) since these stakeholders have an interest in Skills Development Act and related policy documents. Such consultations were conducted to solicit further inputs since the National Skills Development Plan (NSDP), SETA Landscape and ERRP have implications for Organised Labour, Organised Business and Community Constituency.

Reply:

The Department enforces compliance in the mining sector through the following legislation:

a) Mine Health and Safety Act, 1996 (Act 29 of 1996, as amended),

b) Guideline for the Compilation of a Mandatory Code of Practice on Mine Residue Deposits (issued by the Chief Inspector of Mines),

However, the Department does not have the authority to regulate the processing of residue deposits at the Jagersfontein dam. This is as a result of the De Beers court judgment over Jagersfontein residue deposits (De Beers Consolidated Mines Ltd v Ataqua Mining (Pty) Ltd & others, case no. 3215/06, Free State Provincial Division, 13 December 2007). The judgement held that historical mine residue deposits (those created before the coming into operation of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) on the 01st of May 2004) are not minerals as contemplated in the MPRDA and such they are not regulated under provisions of the MPRDA. The processing of historical mine residue deposits does not constitute mining and the area where they are situated is not classified as a mine. This was again confirmed by the court judgment in the case of Ekapa Minerals (Pty) Ltd & Others vs Lucky Seekoei & Others (2057/2016) [2017] ZANCHC 5 (13 January 2017). The Department is fully committed to providing its technical and other expertise regarding mining related matters to the relevant government authorities.

Reply:

a) Five hundred and fifty-three (553) fraudulent marriages have been finalised since 1 January 2022.

b) Due to the number of fraudulent marriages reported every year, the department has implemented measures that have largely contributed in reducing the number of fraudulent marriages, as follows:

• Introduction a new marriage register form (DHA-30) with requires a photo and thumbprint of the couples for verification purposes.
• The Department requires prospective couples to make an appointment with nearest front office to verify the marital status and to subject themselves for brief interviews prior to registration of the marriage.
• Couples are also advised and forewarned that marriage is a legally binding contract and that they should be fully aware of the consequences. Couples are thereby encouraged to seek legal advice regarding the benefits and disadvantages of accepting marriage, regardless of it being to a foreigner, as fraudulent marriages are prevalent mainly with foreign nationals marrying South Africans for convenience purposes.

• On the day of the marriage a couple must present the following documents to the person officiating the marriage ceremony:
• Identity documents (for each person getting married)
• If a foreign national is marrying a South African citizen, the non-citizen should present a valid passport as well as well as a completed BI-31 Form (Declaration for the Purpose of Marriage, Letter of no impediment to confirm that he/she is not married in country of origin)
• If the marriage is for a minor (a person under the age of 18 years), written consent is needed in the form of DHA32 by both parents/ legal guardian or form DHA34 from the Commissioner of Child Welfare or a judge. In the case where the marriage is between minors under the ages of 18 for boys or 15 for girls, written consent from the Minister of Home Affairs will also be required
• If any of the persons who are getting married are divorced, then the final decree of divorce should be furnished.
• If any of the persons who are getting married are widowed, the deceased spouse’s death certificate must be submitted.

END

 

Reply:

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Reply:

All Policy review documents and /or any other government policy document developed by the Department of Mineral Resources and Energy (DMRE) follows policy development processes as prescribed by the legislature.Reviewed policy documents and /or any other government policy document developed follows a consultative process and are also gazetted if required for public comments and are accessible by the public, interested and affected parties, including by private or external structures or structures of any political party.