Questions and Replies

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:

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. Additional reasons for the withdrawal of cases infra:

a) Mandla Mahlangu

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 The matter was accordingly withdrawn by the Director of Public Prosecutions: Mpumalanga Division.

b) Sibusiso Mavuso

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

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

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

c) Mbonani Clarance Tabane

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

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• The matter was then withdrawn due to insufficient evidence.

d) Joe Bernington Mabaso

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

Investigations is still underway and guided by the NPA.

e) Montsamai Phineas Letsoalo

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 The matter was provisionally withdrawn by the Director of Public Prosecutions: Free State pending outstanding digital forensic investigations by the DPCI.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

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

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

END

Reply:

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

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

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

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

END

Reply:

(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:

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

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

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

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

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

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

The WCDM Strategy includes projects such as:

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

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

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Reply:

(a)

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

(c)

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

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

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

END

Reply:

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

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

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

END

Reply:

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

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

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

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

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

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

END

Reply:

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

 

Reply:

Attached find here: Reply

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:

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

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

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

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

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

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

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

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

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

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

Reply:

1. 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:

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

Reply:

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

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

(3) Not applicable.

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Reply:

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

(i) Details regarding the state of the WWTW:

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

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

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

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

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

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

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Reply:

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

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

Reply:

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

Reply:

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

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

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

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

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

 

Reply:

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

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

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

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

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

END

Reply:

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

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

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

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Reply:

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Reply:

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

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

END

Reply:

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

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

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

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

END

 

Reply:

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

Reply:

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Reply:

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

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

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

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

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

END

Reply:

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

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

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

END

Reply:

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

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

Reply:

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

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

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

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

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

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

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Reply:

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

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:

(a)

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

(c)

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

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

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

END

Reply:

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Reply:

1. The 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:

(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. 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:

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:

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:

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:

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.