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07 September 2020 - NW1282

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) total number of (i) judgments and (ii) court orders were made against (aa) her and (bb) her predecessors (aaa) in each of the past three financial years and (bbb) since 1 April 2020, (b) total number of the specified judgments and court orders (i) have been implemented and (ii) await implementation by her department and (c) are the details of each judgment and court order?

Reply:

(a)(i),(ii),(aa),(bb), (aaa): 2017-2018

  • Minister AT Didiza (MP): 0
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 30

 

(aaa): 2018-2019

  • Minister AT Didiza (MP): 0
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 17

 

(aaa): 2019-2020

  • Minister AT Didiza (MP): 11
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 0

 

(bbb): Since 1 April 2020

  • Minister AT Didiza (MP): 1
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 0

 

b) Total number of the specified judgments and court orders59:

  1. Implemented: 39
  2. Await implementation: 20

(c) Please refer to Annexure A.

 

ANNEXURE A OF NA-QUES 1282 OF 2020

 

MINISTEROF RURAL DEVELOPMENT AND LAND REFORM:2017/2018

No

Case details

(i) (aa)Status of implementation

(ii)(aa)Nature of court order

(ii)(bb)Nature of judgement

1

Zuiping-Dithabaneng Community Traditional Council // Minister of DRDLR,Title Adjustment Commissioner & Others

The designation of land and appointment of a Commissioner in terms of Act 111 of 1993 has been done and he is conducting a land rights enquiry in accordance with the Act.

The applicant required the appointment of the Commissioner in terms of Act 111 of 1993

On 26 February 2018, the Land Claims Court ordered that the Minister (3rd Respondent) is directed to appoint a Title Adjustment Commissioner in terms of section 3 of the Land Titles Adjustment Act 111 of 1993.

2

M. M. Rahube // Minister of Drdlr, H. Rahube & Others

The Upgrading of Land Tenure Amendment Bill was introduced to Parliament on 6 May 2020. Parliament has until 30 April 2021 to enact the amendments.

On 30 October 2018 he Constitutional Court ordered Parliament to introduce a procedure for the determination of the rights of ownership and occupation of land to cure the constitutional invalidity of section 2 (1) of the Upgrading of Land Tenure Rights Act 112 of 1991. Parliament was given until 30 April 2020.

Subsequent to the 2018 order, the Minister of Agriculture, Land Reform and Rural Development applied for and was granted an extension of the suspension of the Constitutional Court’s declaration of invalidity for a further twelve months until 30 April 2021.

The Court ordered the amendment of Upgrading of Land Tenure Rights Act 112 of 1991.

3

Felicity Audrey Stirling // Minister of Drdlr, The Registrar of Deeds: Pretoria

Orders complied with.

Full amount paid by the Branch Deeds Registration, of which an attempt will be made to recover 50% from the third respondent.

State Attorney requested to initiate recovery proceedings against third Respondent.

The Applicant was fraudulently deprived of her fixed property and brought an application for the cancellation of the fraudulent transfers, which was duly granted.

The Registrar of Deeds was found to be negligent in its transfer of the property and was ordered, jointly and severally with the third Respondent to pay the First Respondent R3 830 397.58 together with interest in lieu of damages and legal costs.

4

The Forum of Concerned Residents of the Naledi & Dr Ruth S Mompati Districts

// The Minister of Rural Development and Land Reform.

Subsequent to the settlement agreement reached by the parties, the Branch Deeds Registration embarked on a project to develop the Electronic Deeds Registration System, during which public consultation was undertaken.

Once the EDRS is ready to be implemented, the status quo in the Vryburg deeds registry can change.

Simultaneously, the Branch Deeds Registration intends opposing Part B of the application (to review and set aside the Minister’s decision to transfer the land parcels from Vryburg to Kimberley, to reduce the jurisdiction of the Vryburg deeds registry and to establish a deeds registry in Mahikeng).

Part B still pending.

As part of the alignment of the jurisdiction of deeds registries in South Africa, the Minister intended to transfer land parcels from the Vryburg deeds registry to the Kimberley deeds registry, as they are situated in the Northern Cape Province. The Applicants brought an urgent application on interdicting the Minister from transferring the property (Part A) and that Minister’s decision to transfer the afore-mentioned properties be reviewed and set aside.

The orders in respect of 1 and 2 above will remain in force pending the outcome of Part B of the Notice of Motion under the above case number.

The costs relating to Part A of the Notice of Motion are reserved for adjudication when Part B of the Notice of Motion is heard.

The parties agreed on the following settlement order:

That the status quo of the Vryburg deeds registry is to remain unchanged until such time as the electronic deeds registration system is ready to be implemented.

That sufficient public participation processes will precede the envisaged implementation of the electronic deeds registration system.

5

G Herbert No and 4 others vMinister of Rural Development and Land Reform and others

A wholistic amendment of the Upgrading of Land Tenure Rights 112 of 1991 will be undertaken in due course.

Legislation declared inconsistent with the Constitution of the Republic of South Africa: - Legislation: Land Affairs General Amendment Act 61 of 1998 read with s25 A of the Upgrading of Land Tenure Rights 112 of 1991

The Court ordered that section 25A is unconstitutional in so far as it does not extend the application of section 3 of the Act to the entire Republic.

The court ordered that section 25A from 22 August 2019 must be read as if it makes no reference to section 3 of the Act.

6

Hlalefo S Moshoeshoe v Minister of Rural Development and Land Reform and others

Conveyancers have been instructed and are currently busy with the transfer of the property

Transfer of property, as described, into the name of the Applicant and is responsible for all the fees and transfer costs and duties as may be applicable.

The court ordered the transfer of the property to the Applicant.

7

Patrick s Mpaka v KSD Municipality &Minister of Police &Minister of DRDLR

Not applicable

The Municipality sought to use a court order which was obtained in 2011 to effect evictions to illegal occupations which happened in 2017. The 2017 illegal occupants applied for an interdict in that the 2011 order did not apply to them.

Interdict was granted.

8

Alfred Shongwe / The Minister of Rural Development and Land Reform & Others

The Applicant has been relocated to portion 3 of the farm Vaalpoort, temporary houses were constructed for the family. The Department is in the process of transferring the subdivided portion of the farm to the Shongwe family

Mr Shongwe approached the Court for a declaratory order as a Labour Tenant and for the Department to provide him with a suitable accommodation.

Mr Shongwe was declared a Labour tenant and the Department was ordered to assist him in looking for, identifying and acquiring suitable land for him.

9

Mzayifane Hadebe & Others /Minister of RDLR & Others

The gravel road leading to the Hadebe settlement has been completed. Nine houses were about to be completed as the country went into lockdown. The fencing of the 250 hectares of land awarded to the Hadebes, preparation of arable and the transfer of land to them is ongoing.

Mr Hadebe approached the Court for an order to compel the Department to build his family a house, construct the road leading to his homestead and also for the Department to register a Communal Property Association for the benefit of his family.

The Court granted the prayers as requested by Mr Hadebe..

10

Asla Construction (Pty) Ltd Vs the Minister Of Rural Development And Land Reform & Exeo Khokela Civil Engineering Construction (Pty) Ltd.

The court order was implemented as directed and the tender was awarded to ASLA (Pty) Ltd.

This was an application for the review of the award of a tender in terms of the Promotion of Administrative Justice Act 3 of 2000 (PAJA)

The decision of the Department taken on or about 13/02/2018 to disqualify ASLA Pty. Ltd. and award the tender to EXEO KHOKELA (Pty) Ltd was reviewed and set aside. The Department was directed to award the tender to ASLA (Pty) Ltd within 30 days of the date of the order.

11

Minister of Rural Development and Land Reform v Public Servants Association obo JA George & others

Implemented.

Employees referred a dispute regarding their placement in terms of the Occupation Specific Dispensation to arbitration. Award was in their favour. Department took award on review. Department’s review application was dismissed, and arbitration award was implemented

Department’s review application was dismissed, with costs.

MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES:2017/2018

12

ALCARI 406 CC vs The Minister and others

Implemented

This was an application to compel the Minister to finalise the Appeal on a subdivision of land matter.

The Court ordered the Minister to finalize the Appeal.

13

Zonnebloem Coal vs The Minister

Implemented

This was an application to compel the Minister to finalise the Appeal on a subdivision of land matter.

The Court ordered the Minister to finalize the Appeal.

14

Meister Cold Store (Pty) Ltd // The Minister

Implemented

This was an application to compel the Minister to take a decision on an application for certification of a cold storage.

Court ordered the Minister to take a decision on the Applicant’s application for certification of its cold storage.

15

B & B Properties (Pty) Ltd & others vs the Minister, Dr Mcdonald Gayakaya

Implemented

This was an application to review and set aside the decision of the Director: Animal Health to test the Buffalos.

The decision of the Director was reviewed and set aside.

16

Oluf Hendrik Erichsen N.O vs The Minister

Implemented

This was an application to compel the Minister to take a decision on application for export certification.

The Minister finalised the matter by granting the certificate.

17

Eurosemillas S.A vs The Minister

Implemented

This was an application to compel the Minister to instruct the Department to appoint a service provider who had been successful in the quote process.

The Applicant succeeded, and the Minister was ordered to instruct the department accordingly.

18

Viking vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside

19

Hackey vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside

20

Boloko vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside

21

Lofty Du Bruyn N.O vs The Minister

Implemented

This was an application to compel the Minister to register a right of way over the farm.

The application was granted, and the Minister approved the registration of the servitude.

22

Nanaga Property vs The Minister

Implemented

This was an application to review and set aside the decision of delegated authority to remove 10 Milkwood trees.

The decision of the Minister was reviewed and set aside.

23

Xhalibile Kleinbooi Phindiso vs The Minister and others

Implemented

This was an application to compel the Minister to sell specified land to the Applicant and others.

The Court ordered the Minister to sell the land to the Applicant.

24

South African Veterinary Association vs Minister of Agriculture, the Speaker of the National Assembly and others

Implemented

This was an application to declare the amendment of the Medicine and related substances control act, 1995 (Act No.101 of 1995) unconstitutional.

The Amendment was declared unconstitutional.

25

Federated Meats (Pty) Ltd vs The Minister

Implemented

This was an application of semi-urgency requesting an order to declare that the Applicant is entitled to use any approved laboratory to meet the statutory and the regulatory obligation for the testing of imported meat.

The Court ordered that the Applicant can use any approved Laboratory.

26

Sofiline (Pty) Ltd vs The Minister.

Implemented

This was an application to review and set aside the decision of the Minister not to grant approval for the subdivision of agricultural land.

The Court ordered the Minister to grant the application for subdivision of land.

27

HL Hall & Sons Properties vs The Minister.

Implemented

This was an application to review and set aside the decision of the Minister.

The decision referred was back to the Minister for reconsideration.

28

TD Mashinini vs The Minister and others.

Implemented

The Applicant made an application to Court for an order to compel the Minister to transfer specified property to him.

The parties’ agreement for the transfer of the farm to the Applicant was made the order of the Court.

29

Maxrae Estates vs The Minister

Implemented

This was an application to compel the Minister to take a decision on the Appeal lodged for the subdivision of agricultural land.

The Court ordered the Minister to take a decision within sixty days (60).

30

Petrus Laubscher Coetzee & Others vs the Minister & Others

Implemented

This was an application to compel the Minister to transfer three portions of agricultural land into the names of the Applicants.

The Court ordered the Minister to transfer the three portions of land to the Applicants.

MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: 2018/2019

No

Case details

(i) (aa)Status of implementation

(ii)(aa)Nature of court order

(ii)(bb)Nature of judgement

31

Bakgatla Ba Kgafela Communal Property Association // Minister of Drdlr

The implementation of the court order has been finalized.

The applicants were seeking an order that the DG assist them with the holding of the general meeting and the election of the new executive committee of the CPA.

The court ordered that the DG should take all necessary steps to assist the CPA to hold the Annual General Meeting and monitor the election of the new executive committee. The CPA appealed the judgment at the constitutional court. The constitutional court dismissed the appeal.

32

B Mwelase vs DG and Minister

The Special Master was appointed on 10 December 2019. On 29 May 2020, the Special Master submitted an implementation plan to the Land Claims Court and such a Plan is still being considered by the Land Claims Court.

The Mwelase matter comprised of two applications. The first application sought an order to compel the Director General to refer to the Land Claims Court 4 labour tenant applications; and the second application was a class action seeking an order to compel the Department to process labour tenant applications under the supervision of a Special Master.

The 4 labour tenant applications were referred to the Land Claims Court by the Director General in November 2013.

On the 8th December 2016, the Land Claims Court granted an order against the Department, a special master was appointed by the court to oversee compliance with Labour tenants Act by the Department. The Department lodged an application for leave to appeal with the Land Claims Court and such was granted on the 1st March 2017. The appeal was heard by the SCA on 13 March 2018 and the appeal was decided in favour of the Department on 17 August 2018. AFRA appealed to the Constitutional Court and on 20 August 2019, the court issued a judgment which re-instated the initial order of the Land Claims Court dated 8th December 2016.

33

Nieuco properties 1005 (Pty) Ltd// Minister of Drdlr

Nieuco Properties must still refer the case to the North Gauteng High Court for the determination of the quantum.

Veld fire claim instituted against the Department in terms of the National Veld and Forest Fire Act, Act 101 of 1998 where a private farm was damaged by veld fires that started on a state-owned farm.

The case was initially decided in favour of the Department by the North Gauteng High Court however, Nieuco Properties lodged an appeal which was heard by the SCA on 31 August 2018 and judgment delivered in favour of Nieuco Properties on 21 September 2018.

34

JM Tshabalala vs Minister & others

The property was transferred into the name of the beneficiary on 20 March 2020.

The applicants were seeking an order that the Minister and DG should acquire land on behalf of labour tenants and a just and equitable compensation to be paid to the landowner.

The Land surveyor appointed by the Department was to conduct an inspection in loco to ascertain the correctness of the fencing around the portion to be acquired; the conveyancers appointed were to proceed with the transfer of the portion upon receipt of guarantees from the Department.

35

Pretoria Attorneys Association & 12 others //

The Minister of Rural Development and Land Reform & 4 others

The Branch duly complied with the settlement agreement.

Minister subsequently halted / terminated this process, following a legal opinion to the effect that the process followed may have been flawed.

Minister instructed that the re-alignment process be re-initiated, in accordance with all applicable legal strictures (including the provisions of PAJA).

The Minister, through a Public Notice expressed his intention to align the jurisdiction of the Deeds registries in the Gauteng province (Johannesburg and Pretoria) according to metropolitan municipal boundaries.

The Applicants objected thereto, stating that the Minister failed to conduct a public consultation process as enjoined by PAJA and prayed that the Minister be interdicted from implementing the decision to align the areas of jurisdiction of the afore-mentioned deeds registries.

The parties agreed that the Minister will not proceed with the alignment initiative in the Gauteng province until the Minister takes the decision to align the deeds registries in Gauteng in accordance with the prescripts of PAJA.

36

Neels van Tonder Trust vs Minister of Drdlr, Mogabule (LCC04/2018)

Not applicable. It was found that Mr Magabole already had alternative accommodation.

The applicant Mr. Van Tonder applied for eviction order against Mr. Magabole and his family.

Eviction Order was made on 28/05/2018. The Department was ordered to provide alternative accommodation to Mr. Mogabodi in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

37

Roodepoort Grondeienaarsvereeniging vs Minister of Drdlr, Roodepoort 63 Community (642/17 and 643/17)

The Department is in the process of complying with the court order in consultation with the City of Tshwane.

The applicant Rooderpoort Grondeinaarsvereening applied for an order to compel the City of Tshwane to evict the occupiers who has established a squatter camp in the City property which is adjacent to the applicant’s properties.

The High Court Granted the Order but the respondents took the matter on appeal and the decision of the High Court was overturned.

On appeal Decision, the Supreme Court ordered the Minister to prepare and file a report with the High Court on the Department`s ability to provide the alternative accommodation as provided for in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

The Department was ordered to submit a report to the High Court on its ability to provide alternative accommodation as per its mandate in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

38

Hlaniki Trust vs Minister of Drdlr, Daniel Sibanyoni (LCC59/2018)

The Department complied with the court order.

Hlaniki Trust applied for an eviction order against Mr. Sibanyoni who is an occupier.

During the Preceding the Land Claims Court issued a directive order, ordering the Minister to submit a report on the Department’s ability to provide alternative accommodation in case of eviction.

Department was ordered to submit a report on ability to provide alternative accommodation in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

39

Hupp Properties vs Moneni (308/2017)// Minister of Drdlr & others

The matter was heard, and eviction granted. Mr Moneni moved into his RDP house.

Hupp Properties applied for the eviction of the occupier Mr. Moneni and his family.

The eviction order was granted against Mr Moneni and his family and the Minister was ordered to provide alternative accommodation for Mr. Moneni in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

40

Land and Agricultural Bank

V Cpad Holdings Pty Ltd, Alfred Mde, Minister of Drdlr and 4 Others

The Department has appointed a valuer to determine the value of the property so that it can satisfy the debt to Land Bank whilst retaining the property for purposes of Land Reform.

The Land Bank approached the court to vary a Forfeiture Order, which sought to transfer the property to the Department. This order was to include the protection of their interests as bondholders.

The court granted the inclusion of the protection of the interests of the bondholders in the Forfeiture Order.

41

Anjucel & Another v Minister of Drdlr, Shadrack Bhekanini Ntshingila NO & others (Case no LCC 25/2019)

The Province is implementing the order. Approval for the acquisition of land in favour of the affected labour tenants is underway. A deed of sale has been signed and registration and transfer is due to occur soon.

The order is being observed in its entirety.

Draft order made an order of court.

Sharack Bhekanini (2nd resp) awarded a piece of farm Bloemhoek and registered in deeds office;

42

Makgari CPA vs Minister of Drdlr, case number 5158/2018

Implementation is in progress

Matter received on 31 August 2018. Applicant, Makgari approached court, for the court to give a mandatory order directing the Department and Minister to register the applicant's CPA within 45 court days of the granting of the order.

The Minister was ordered to register the CPA within 45 days of granting the court order.

Further to effect a Title Deed rectification to reflect the CPA as the owner of the farm registered as “The Farm Louissenthal 366, Registration Division Mr, Limpopo Province, 2346, 5022 Hectares” within 14 days of the registration of the constitution of Makgari Communal Property Association

43

M D Rakgase vs Minister of DRDLR case number 33497/2018

The land was sold to Mr Rakgase and transfer is under way.

Matter received on 13 June 2018. Mr Rakgase applied to the High Court to review the Minister's decision of refusing to sell to him Portions 0 (remaining extent and 1 of the Farm Nooitgedacht 11 JQ

The Minister was ordered to sell and transfer the farm to Mr Rakgase.

44

JC Prinsloo / The Minister of DRDLR & Others LCC 177/16

The farm was acquired and is currently registered in the name of the State.

State ordered to acquire portion 27 of the farm Welgekozen

Default judgment was obtained against the Minister

MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: 2018/2019

45

Willjaro vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of an agreement entered into. To process confiscated abalone on behalf of DAFF

The agreement between The Minister and Willjaro was reviewed and set aside

46

Visko vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl sector was reviewed and set aside.

47

WWF vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Delegated Authority in terms of Section 14 of the MLRA to increase the allowable Total Allowable Catch (TAC) in the West Coast Rock Lobster sector

The decision of the delegated authority in terms of section 14 of the MLRA to increase the allowable Total Allowance Catch in the West Coast Rock Lobster sector was reviewed and set aside.

MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT: 2019/2020

No.

(b) Case details

(i),(ii)Status of implementation

  1. Nature of court order
  1. Nature of judgement

48

Ga-Segonyana Local Municipality vs Minister of DRDLR

Payment made by the Department

A claim for outstanding property rates and taxes in the amount of R4 073 621.00.

A default judgment obtained against the Department.

49

Excellent Meat International Trading vs The Minister and Others

Implemented

This was an application to review and set aside the decision of the Minister not to accept the Applicant’s consignment as being compliant with the permit condition contained in the permit.

The court reviewed and set aside the Minister’s decision.

50

Red Meat Industry Forum vs The Minister and Others

Implemented

This was an application to review and set aside the Minister’s decision to impose new tariffs, rates and scale for services, goods and supplies provided by the Department. The Department did not notify the industry of the new tariffs regarding importing and exporting of meat.

The Court reviewed and set aside the Minister’s decision.

51

PVM Nutritional Sciences vs The Minister.

Implemented

This was an application to compel the Minister to issue an export permit for goods sent to the United States of America and kept at the port of entry due to the fact that the Applicant did not have an export permit.

The Court ordered that the Applicant need not to register as a dairy export facility and need not comply with the standards of the VPN 20/2010-01.

52

PJ van der Walt N.O vs The Minister and Others.

Awaiting implementation. The Minister is reconsidering the matter.

This was an application to review and set aside the decision of the Minister to uphold the decision of the Delegate of the Minister not to grant consent to subdivide agricultural land. The Court ordered that the decision of the Minister be reviewed and set aside for reconsideration by the Minister.

The Court ordered that the decision of the Minister be reviewed and set aside for reconsideration by the Minister.

53

Barnabus Xulu Incorporated Attorneys (BXI) vs The Minister and the Director General

On Appeal

BXI attached the bank accounts of the Department on the basis that the Departmentallegedly entered into a settlement agreement with BXI for the payment of monies due for services rendered.The settlement agreement entered into. and

The invoices raised against the Department were successfully challenged and judgment was granted in favour of the Minister / Department. However, BXI is appealing the judgment.

54

Baron vs Minister of Agriculture, Forestry and Fisheries

Implemented

Unfair dismissal as contemplated in terms of section 186(1)(b)(i) of the LRA. The Labour Appeal Court dismissed the Department’s appeal and upheld the Labour

Court’s order for the reinstatement of Mr. Barron into the three-year contract post as Programmer Manager for the Working for Fisheries Programme.

55

Scott Russel vs Minister of Agriculture, Forestry and Fisheries

Matter is subject to application for leave to appeal.

Review and setting aside of the decision of the Minister to allocate rights in the West Coast Rock Lobster sector.

An application for leave to appeal was granted

An application for leave to appeal was granted

56

Seavuna vs Minister of Agriculture, Forestry and Fisheries

In the process of being implemented

Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector.

Minister is in the process of appointing an Appeals Advisory Team

57

Cyril Burrel vs Minister of Agriculture, Forestry and Fisheries

In the process of being implemented

Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector.

Minister is in the process of appointing an Appeals Advisory Team

58

Interfish vs Minister of Agriculture, Forestry and Fisheries

In the process of being implemented

Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector.

Minister is in the process of appointing an Appeals Advisory Team

MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT: SINCE APRIL 2020

 

(b) Case details

(i),(ii) Status of implementation

(c)Nature of court order

(c)Nature of judgement

59

Schmidtsdrift CPA v Minister of DRDLR

To be implemented as Judgment issued on 12/06/2020

The Department ordered to hold the AGM for the purposes of electing a new committee for the CPA.

The CPA sought an interdict to prohibit the Department from facilitating an AGM.

07 September 2020 - NW567

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Horn, Mr W to ask the Minister of Justice and Correctional Services

What total number of (a) prisoners who have been convicted for (i) housebreaking, (ii) carjacking, (iii) theft of motor vehicles, (iv) house robberies and (v) drug-related crimes have received parole from each parole board in each province in each of the past 10 years, (b) years have the specified prisoners served before being released on parole and (c) the specified parolees (i) had their DNA samples collected before being released on parole and (ii) have become reoffenders?

Reply:

Kindly refer to the attached as Annexure 1.

07 September 2020 - NW1353

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De Freitas, Mr MS to ask the Minister of Tourism

Whether the implementation of the Tourism Equity Fund, to which the President of the Republic of South Africa, Mr M C Ramaphosa, referred to in the State of the Nation Address on 13 February 2020, will be unfrozen post Covid-19; if not, what (a) other support mechanisms does her department have to help the sector get back on its feet and (b) are the (i) time frames, (ii) timelines and (iii) deadlines in this regard?

Reply:

The implementation of the TEF was impacted upon by the reprioritisation of government’s budget and has had to be temporarilyput on hold. Given the significance of the Fund in relation to the transformation of the tourism sector, its implementation will continue going forward.

(a) and (b) The implementation of the Tourism Equity Fund is continuing.

07 September 2020 - NW1740

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Hunsinger, Mr CH to ask the Minister of Transport

What number of (a) claims were received by the Road Accident Fund in the past three years and (b) the specified claims (i) were challenged and (ii) went to trial?

Reply:

The Road Accident Fund (RAF) (a) received 297,610claims[1] in the past three years and (b) (i) 151,530of the claims received were, or are, challenged[2] and (ii) 45,075of the challenged claims were settled by way of a court order[3], of which the exact number of the matters which went on trial could not be ascertained at the time of this response[4].

However, it is important to mention that a study conducted by Professor Hennie Klopperon the RAF mattersset down on the court roll in the Gauteng Division of the High Court, Pretoria revealed that 99.56 % of the matters are settled at the doorstep of court and less than 1% (0.45%) proceed to trial. This study was done in the Pretoria High Court which has the highest number of litigated matters countrywide. Although the research focused on Pretoria, the RAFs observation is that this is reflective of the general trend in all the courts in SA. RAF matters gets settled by both parties and the settlement agreements are then made orders of court. We attached herewith for ease of reference the article by Prof Klopper[5]

  1. This number includes personal claims, but excludes supplier claims.

  2. Summons was served on the RAF in these matters.

  3. This number is inclusive of settlements made an order of court and judgments by the court.

  4. The RAF’s claim system does not have an indicator that allows for the identification of claims that went on trial and where judgment was delivered by the court.

  5. Prof Hennie Klopper is an Emeritus Professor in the Department of Private Law at University of Pretoria and a legal practitioner at HB Klopper Attorney in Pretoria

07 September 2020 - NW1491

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What is the current status of employment of certain persons (names furnished) in the National Geomatics and Management Services of her department; (2) Whether the two specified employees faced disciplinary hearings; if not, in each case, why not; if so, what are the relevant details in each case; (3) Whether any of the two employees have been (a) suspended and/or (b) placed on a leave of absence; if so, (i) on what date was each employee suspended and/or placed on a leave of absence, (ii) on what grounds was each employee suspended and/or placed on a leave of absence and (iii) for what period was each employee suspended and/or placed on a leave of absence; (4) whether each employee is still receiving remuneration; if not, why not, in each case; if so, what are the relevant details in each case; (5) whether the two employees are still employed by her department and/or any entity reporting to her; if so, in each case, (a) in which department and/or entity is each person employed and (b) what job title does each person hold?

Reply:

1. The two officials are currently employed in the Department.

2. Yes. The two specified employees are currently facing disciplinary action:

  • Chief Surveyor-General: The allegations relate to irregularities in the handling of Project Vulindlela. The matter was referred to the General Public Service Sector Bargaining Council (GPSSBC) for inquiry by the arbitrator and was set-down more than three times but did not proceed. The Department is awaiting the set-down date from the GPSSBC for the matter to proceed.
  • Chief Director Cadastral Spatial Information: The allegations relate to irregularities in the handling of Project Vulindlela. The matter was referred to the GPSSBC for inquiry by the arbitrator. The Department is awaiting the set-down date from the GPSSBC for the matter to proceed.

(3)(a),(b),(i),(ii) Please refer to the table below.

Name

a) Suspended

(Yes/No)

b) Leave of Absence

(Yes/No)

(a)(i) Date of suspension

(a)(ii) Reasons for the suspension (type of misconduct)

(a)(iii) Duration of suspension

Chief Surveyor-General

Yes

No

11 May 2017

Possible interference

(irregularities in the handling of project)

38 months

(Commenced 11 May 2017 and still on suspension)

Chief Director Cadastral

Spatial Information

Yes

No

10 May 2017

Possible interference

(irregularities in the handling of project)

38 months

(Commenced 10 May 2017 and uplifted on 4 November 2019)

4. Yes. Please refer to the table below.

Name

Suspension with pay

(Yes/No)

Cost of suspension

Chief Surveyor-General

Yes

R2 693 663.7

Chief Director Cadastral Spatial Information

Yes

R1 217 265.70

5. Yes.

a) The two employees are still employed by the Department in the Branch: National Geomatics and Management Services.

b) The employees hold the posts of Chief Surveyor-General and of Chief Director: Cadastral Spatial Information respectively.

07 September 2020 - NW1600

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Winkler, Ms HS to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) animals are listed under Category A, B, and C of the Game Meat Safety Scheme and (b) are the throughput numbers permitted per species under the Game Meat Safety Scheme; (2) with reference to the provision of the Game Meat Safety Scheme which states that Category A game do not apply to slaughter facilities registered under the Scheme except in special cases under a protocol approved by the Professional Employer Organisation, (a) what are the special cases, (b) what is the total number of the special cases and (c) to whom have the special cases been granted? NW1984E

Reply:

(1)(a),(b) There is no Game Meat Safety Scheme that the Department of Agriculture, Land Reform and Rural Development has approved and implemented. Meat safety is regulated under the Meat Safety Act, 2000 (Act No. 40 of 2000) and the only scheme that has been approvedunder the Act is the Meat Inspection Scheme which was approved by the Minister in 2016 and was implemented in 2017.

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

07 September 2020 - NW1704

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De Freitas, Mr MS to ask the Minister of Tourism

With reference to her reply to question 847 on 28 May 2020, what (a) process is being followed, (b) are the timelines and deadlines for each step of the process and (c)(i) is the name of the person(s) responsible for each step of the process and (ii) is each person’s (aa) responsibility and (bb) mandate in each step of the process?

Reply:

a) The process entails verification, evaluation, adjudication or approval of the application and verification of banking details in the department to payment through South African Tourism.

b) There was no deadline set for the steps of the process, however eachstep flows into the next and each day production progresses to the next step the following day.

c) (i) and (ii) (aa) and (bb)

Various departmental functionaries within the department under leadership DDG: Tourism Sector Support Services were responsible for provision of theICT system support, verification of applications for completeness, adjudication/approval of successful applications, and verification of banking details by the CFO’s office. Evaluation was independently conducted through external assist. Payment were processed through South African Tourism.Personnel information regarding individuals in the committee may be accessed through following procedures in relation to access to personal information.

04 September 2020 - NW1809

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Sindane, Mr P to ask the Minister of Human Settlements, Water and Sanitation

(a) What are the reasons that the Kwa-Masiza Hostel in Ward 17 of the Emfuleni Local Municipality is still incomplete despite the huge amount of funds pumped into the project by her department, (b) who were the appointed contractors for the specified project, (c) what budget has her department allocated for the project, (d) what are the reasons that the security company left the site unguarded and (e) what amount did her department pay the security company?

Reply:

(a) The Gauteng Department of Human Settlements refurbished the Kwa-Masiza Hostel under the CRU Program. The three (3) and four (4) bedroom units were upgraded to serve as rental stock for qualifying beneficiaries. Residents that did not qualify for the rental option were accommodated under the subsidy scheme upon the approval process.

The completed units were made available to qualifying beneficiaries but due to unaffordability, the hostel residents refused to take occupation of the units. In addition, the project was plagued by various implementation challenges related to service providers on site which led to subsequent delays in the roll out of the development and inevitably the project was stopped.

The Auditor-General found that the continued payment of security services from the Human Settlements Development Grant (HSDG) to guard the stopped project would result in irregular expenditure on the part of the Gauteng Department of Human Settlements (GDHS). Consequently, the GDHS took a decision to withdraw all the security services from the project, which led to invasion and vandalization of the properties.

The Gauteng Department of Human Settlements has established a steering committee comprised of MMCs, Project Managers and the Local Councillor with the purpose of reviving the project and finding solutions to challenges that caused it to come to a standstill.

(b) Honourable Member, I am constrained and prohibited by the document titled “Guide to Parliamentary Questions in the National Assembly” from providing the names of companies as requested. The document referred to states that:

Questions are to be framed as concisely as possible. All unnecessary adjectives, references and quotations are omitted. Names of persons, bodies and, for example, newspapers are only used in questions if the facts surrounding the case have been proven. As the mere mention of such names could be construed as publicity for or against them, it should be clear that this practice is highly undesirable. If a question will be unintelligible without mentioning such names, the Departments concerned are notified of the name (-s) and this phrase is used: ".......a certain person (name furnished)”.

(c) The Gauteng Department of Human Settlements plans to revive the development of the project and has set aside a budget of R4 000 000.00 (four million rand) for the initial assessment and repackaging of the project. The plan is to redevelop the hostel into walk-up family units.

(d) The GDHS was cautioned by the Auditor-General and the National Department of Human Settlements against the use of the Human Settlement Development Grant to pay for non-housing related costs. The Division of Revenue Act (DORA) is clear that the HSDG should only be spent on housing costs. The continued payment of security services from the HSDG exposed the GDHS to irregular expenditure. In 2018, the GDHS took a decision to discontinue payments for security services to guard the project and withdrew the security company from the site.

(e) The GDHS made no payment to the security company due to a lack of the Portfolio of Evidence on the part of the claimant.

04 September 2020 - NW1724

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Mabhena, Mr TB to ask the Minister of Transport

Whether his department has distributed any sanitisers to (a) taxi associations and/or (b) taxi ranks throughout the Republic; if so, (i) what total number of sanitisers, (ii) at what total cost to his department and (iii) how long does he envisage the specified programme will last?

Reply:

a) The Department has not distributed any sanitizers directly to taxi associations and taxi ranks. To assist Provincial Authorities the Department procured and delivered the below listed quantities of sanitizer bottles and refills during April 2020 and May 2020. All items procured were delivered and handed over to Provincial Offices for distribution. National Treasury has approved and mandated Provinces and Local Authorise to utilise a percentage of allocated Grant Funding to procure PPE’s for the transport industry. As such procurement of masks and other PPE’s are done at provincial and local level.

(i) Sanitizers 1litre refillable bottles for each taxi for use by drive and passengers- 153 257 delivered and paid.

Sanitisers 20 litre refill-2609 delivered and paid.

(ii) Sanitisers 1litre refillable bottles for each taxi for use by driver and passengers- total cost was

R4 616 634.72 (R29.84 per unit)

Sanitisers 20litre refill- total cost was R3 988 620.00 (R1 661,93 for 20 litre)

(iii) The Department’s programme was an initial (during level 5 lockdown) assistance, as to assist

Provicial Authorities National Treasury has mandated Provinces and Local Authorities to utilise a percentage of allocated Grant Funding to procure PPE’s for the transport industry. As such ongoing procurement and implementation of the programme is done at provincial and local level

04 September 2020 - NW1883

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Shivambu, Mr F to ask the Minister of Finance

(a) What amount has been paid as a settlement by any (i) person, (ii) corporation and/or (iii) fund to each pension and/or retirement fund (details furnished), (b) which payments were approved by a certain person (name and details furnished) and (c) how was the decision to allocate the payments into the funds made?

Reply:

Kindly note that the Office of the Pension Funds Adjudicator (OPFA) only deals with complaints referred to it in terms of section 30A of the Pension Funds Act, 24 of 1956. Therefore, the questions posed above would not arise in the execution of the OPFA’s mandate.

04 September 2020 - NW1723

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Mabhena, Mr TB to ask the Minister of Transport

(1)Whether his department has distributed any face masks in the past two months; if so, (a) what number of face masks have been issued and distributed to (i) taxi ranks and/or (ii) taxi associations throughout the Republic and (b) on what dates were the specified face masks delivered in each case; (2) whether there was acknowledgment of receipt in each case; if so, will he furnish Mr T B Mabhena with a copy of such correspondence; (3) whattotal amount has his department paid in the past two months for the issuing and distribution of face masks to taxi ranks and/or taxi organizations throughout the Republic?

Reply:

1. The Department did not distribute any masks in the past two months. National Treasury has mandated Provinces and Local Authorities to utilise a percentage of allocated Grant Funding to procure PPE’s for transport industry. As such procurement of masks and other PPE’s are done at provincial and local level.

2. Not applicable as the Department did not deliver any masks in the last two months. See response (1) supra.

3. Not applicable as the Department did not procure any masks in the last two months. See response to (1) supra.

04 September 2020 - NW1533

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Gondwe, Dr M to ask the Minister of State Security

(1)What progress has her department made on the draft of the amendment of the General Intelligence Laws Amendment Bill [B25 of 2011], which will effectively disestablish the State Security Agency and break it up into two services, namely the domestic and foreign services; (2) (a) on what date is the Bill likely to be introduced in the National Assembly and (b) what are the relevant details of the timelines in relation to the processes to be undertaken by his department and relevant government institutions before the introduction of the Bill in the National Assembly?

Reply:

The Parliament Joint Standing Committee on Intelligence has scheduled a briefing by the State Security Agency on the General Intelligence Laws Amendment Bill (Gilab). This briefing will amongst others, provide progress on Gilab. Drafting of the General Intelligence Amendment Bill is taking place within context of ITT and implementation of the HLRP Recommendations. Strategic thrust of the ITT drafted Bill was re-creation of 1994/5 intelligence structures. This posed a significant challenge and threat to civilian intelligence. This Bill had to be revised to consider futurist configuration, which takes into consideration current, and emerging threats; Process of drafting Gilab including its buinsess case is affected by myriad factors including;

(b) Lockdowns aimed at containing spreed of Coronavirus COVID-19 pandemic;

(c) Consultation with the President on options for optimal configuration;

(d) Consultation with the National Treasury, Department of Public Service and Admnistration and JSC Cluster.

The Bill will be submitted to Parliament after approval by the Cabinet.

03 September 2020 - NW1497

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Masango, Ms B to ask the Minister of Social Development

(1)On what date did applications for the Social Relief of Distress (SRD) grant close; (2) whether the SA Social Security Agency (SASSA) is still accepting and processing new applications; if not, what is the position in this regard; if so, what are the relevant details; (3) whether SASSA has picked up and dealt with any fraudulent activity since the operation of disbursing the SRD grant began; if not, what is the position in this regard; if so, what are the full, relevant details?

Reply:

1. As the President Ramaphosa’s announcement the Special COVID-19 SRD Grant will be paid over a period of 6 months until the end of October 2020.

2. Applications are still being accepted through the Whatsapp channel (082 046 8553) and through the SASSA website (https://srd.sassa.gov.za). Of the total of 7 549 842 applications received to date, 6 534 754 were received in May; 938 554 for June and 31 534 for July (to 8 July 2020).

3. There have been no fraudulent activities picked up to date. There are a number of checks and balances built into the application and validation processes, which should ensure that only genuinely qualifying citizens benefit from this grant. In addition, the Auditor General is auditing all the application process and decisions and any anomalies identified will be investigated.

03 September 2020 - NW1670

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Abrahams, Ms ALA to ask the Minister of Social Development

What (a) is the commencement date of employment of the 1 809 social workers in each province and (b) are the terms of their contract?

Reply:

(a)

Province

Date of employment

Northern Cape

1 June 2020

Eastern Cape

1 June 2020

Western Cape

Province chose to use existing employees-not participate in project.

Limpopo

1 June 2020

Free State

1 June 2020

Mpumalanga

1 July 2020

North West

1 June and 1 July 2020

Gauteng

1 July and 16 July 2020

Kwa-Zulu Natal

1 June and 1 July 2020

(b) Social Workers have been employed for a period of three (3) months with a monthly remuneration of R6,000.00. It is important for the honourable Member to note that the Provincial Department of Social Development in the Western Cape refused to participate in this programme.

03 September 2020 - NW1241

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van der Merwe, Ms LL to ask the Minister of Social Development

Whether her department is on track to meeting its target of having 55 000 social workers employed by 2030 in accordance with the National Development Plan; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

I would like to inform the Honourable Member that the target of 55 000 projected in the National Development Plan, which you are referring to relates to social service professionals, not only social workers.

1. With regard to social workers, the Department has developed the Supply and Demand Model during the 2016/17 financial year. The model projects that in 2017, the country had 32 261 social service practitioners of which 18 733 were social workers

2. In terms of the model, universities are projected to supply the sector with social work graduates at an estimated rate of 23% between 2017 and 2030. This amounts to 3 600 social work graduates who are eligible for employment in the social development sector on an annual basis. There are currently 16 140 social work students registered for the Bachelor of Social Work degree in various universities.

3 Using the same model projections for the 2019-2024 MTSF it means that the social sectorwill have 43 577 social workers employed by 2023/24. Then in 2024 – 2030 MTSF the social development sector would have 65 177 social workers employed by 2030.

4. The model also projected a shortfall towards achieving the NDP target. In this regard, in 2017, the social development sector had a gap (shortage) of 9 167 social workers for the 2017 – 2019 MTSF period. The implication therefore is that for 2020 – 2024 MTSF period the gap would be 8 494 and for 2025 – 30 MTSF period it would be 7 456 social workers.

5. On an annual basis for the three MTSF cycles, social development sector required 1 833 for the 2017 – 2019 MTSF period, and will require 1698 for the 2020 – 24 and 1 491 for the 2025 – 2030 MTSF periods. Should the public service employ social workers and other social service practitioners at the projected rate, then the National Development Plan target of 55 000 is achievable by 2030.

6.The Department of Social Development is the main employer of social workers in the country.

There are currently 16 926 social workers employed by the Departments at both national and provincial departments. The employment rate by the Department will therefore be informed by the Sector Human Resource Plan and organisational structures of both National and Provincial Departments of Social Development.The project is included in the Sector Human Resource Plan for 2020/21

National Assembly written Reply: 1241 of 2020

________________________

Approved by the Minister of Social Development

Date……………………….

03 September 2020 - NW1805

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Nolutshungu, Ms N to ask the Minister of Transport

(1)(a) With what amount has his department sponsored the SA National Taxi Council over the past five financial years, (b) what was the money intended for and (c) to whom are they accounting for the use of the money; (2) whether he will furnish Mrs N J Nolutshungu with the financial statement of this money for the past five financial years?

Reply:

1. (a) With what amount has his department sponsored the SA National Taxi Council over the past five financial years,

2019/2020 – R23.8m

2018/2019 – R22.5m

2017/2018 – R21.3m

2016/2017 – R20.2m

2015/2016 – R19.2m

(b) What was the money intended for and,

These fundsare allocated to SANTACO every financial year based on the recommendations of the 1996 National Taxi Task Team (NTTT), which comprised of members from Provincial Departments, National Department and the Taxi Industry. The purpose of the funding is to assist SANTACO to cover operational costs and implement key NTTT recommendations such as:

  • Formalization of the Taxi Industry
  • Regulation and Control
  • Training and Capacity Building
  • Empowerment

(c) to whom are they accounting for the use of the money;

The use of the funds is accounted to the Department.SANTACO submits a Business Plan at the beginning of each financial year and based thereon a Memorandum of Agreement is entered into with the Department. The Agreement sets the expected deliverablesand milestones and funds are only transferred upon achievement thereof.These milestones require that reporting for expenditure on a monthly basis is in place. SANTACO has to provide audited financials for the previous year’s expenditure. In the absence of these requirements, funds are withheld until such time as the records are provided.

2) whether he will furnish Mrs N J Nolutshungu with the financial statement of this money for the past five financial years? NW2197E

The Department has no objection in sharing these documents.

03 September 2020 - NW1391

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Abrahams, Ms ALA to ask the Minister of Social Development

(1)Whether her department has a safety plan for orphaned and vulnerable youth exiting Child and Youth Care Centres (CYCC) once they turn 18 years old and are no longer protected by the Children’s Act, Act 38 of 2005, and subsidised by the State to stay in the specified centres; if not, why not; if so, what are the relevant details of the specified safety plan; (2) what number of residents over the age of 18 years is currently residing in each CYCC in each province; (3) whether residents over the age of 18 years utilise the same living, bedroom and bathroom facilities as residents who are under the age of 18 years; if so, what are the relevant details; (4) what is the age of the oldest resident staying in a CYCC currently?

Reply:

(1) (a) Yes.The Children’s Act 38 of 2005 makes provision for an Alternative Care Programme which is inclusive of places of safety, foster care, child and youth care centres (residential care) for vulnerable children. Whilst in alternative care, these children must be provided with a plethora of services which includes among others, the provision of independent living programs. These services are designed to help children and young persons’ transition from alternative care to living independently as productive citizens through structured life skills and educational programmes.

There are transitional and independent living plans based on assessment conducted which focus on assessment of life skills in preparation for life skills training, basic education skills and other skills in preparation for post-secondary education. The assessment of skills is a critical step in designing an individualized independent living plan for any child which is to be reviewed after every six months. These plans indicate steps the child will take to meet his/her goal as well as to outline the task the child will undertake to meet specific challenges identified on his/her personal independent living assessment. The plan must be developed 90 days prior to the date the young person will be discharged from alternative care system at the age of 18 years or older.

There are important considerations when developing the plan. The plan must be based on the child’s strengths and needs with clearly outlined goals and objectives; identification and linking of the child with community services to turn to if he/she need assistance; connecting the child with the adult mentor in the community for mentorship, provision of support, advocacy and assistance with personal, academic and career development.

(b) Yes, Provincial departments are subsidising NGOs to provide services to children to remain in alternative care beyond the age of 18yrs in terms of Section 176(1). Children’s Act, Act 38/2005 makes provision that children turning 18 and are still busy with school can remain in a Child and Youth Care Centre until the age of 21 if they need to complete grade 12, should they prefer to. The court orders are extended in terms of Section 176 whilst the youth is still in school but once they have completed school (Grade 12) they are discharged in terms of Section 175.

(2)Table below indicates the number of residents over the age of 18 years who are currently residing in CYCCs in each province:

Province

Beyond 18yrs

Free State

59

North West

53

Gauteng

138

Eastern Cape

45

Western Cape

CYCC =71 & DSD CYCC =52

Limpopo

34

KZN

72

Northern Cape

3

Mpumalanga

64

(3)Table below outlines relevant details of residents over the age of 18 years utilising the same living, bedroom and bathroom facilities as residents who are under the age of 18 years:

Province

Response

Free State

All Residents are treated as children in the Youth Care Centre and therefore they all utilize the same facilities and abide by the same rules and standards that are expected from the younger children. The 18 year old youths are given a conduct contract to sign with the extension of their Section 176 order and they are fully aware that they are expected to conduct themselves like the children in the youth care centre for their duration of time in the Youth Care Centre, no exceptions to the rules is allowed.

North West

CYCCs differ in terms of their models. SOS is a household or family type of care and young person’s stay with others like typical siblings would. Other CYCCs resemble dormitories type where care givers are assigned to care for a particular number of children andare classified according to age. Mainly they reside together with others to foster sense of belonging.

Gauteng

No, children are placed as per their age group, and there is supervision at all times as per the Norms and standards.

Eastern Cape

This varies from one CYCC to another as it is determined by the number of those over 18, available infrastructure and equipment. However, those who move easily and quicker out of the centre create an opportunity for the long term placements. In some centres they are sharing with 14 year olds and above, in others they have their own bedrooms only sharing a communal kitchen, living room and bathroom which promotes the desired level of independence. Some where possible are allocated a room in the same block as the Child and Youth Care Workers / Caregivers.

Western Cape

CYCCs are responsible for the living arrangements of all residents within their care. Some CYCCs have independent living cottages on the premises, while others have dedicated rooms for those 18 and above. If they have a dedicated room they do share the living room and bathroom with other residents.

In terms of DSD own centres, the residents are placed in separate rooms and where sufficient numbers in a separate unit.

Limpopo

Living arrangement is done according to age group and over 18 years do not share bedrooms with the under 18 years. However, they utilize the same living and bathroom under the supervision of carers.

The children shower at specific times according to their ages and under the supervision of carers.

KZN

Residents are allocated cottage and are housed according to their age groups and gender. Youth aged 16yrs and over are grouped together. At some facilities those young people who are in matric have single rooms and other facilities have separate quarters for over 18 years.

Each young person has his/her own bed and living space.

Ablution facilities and living rooms are shared.

Northern Cape

1= has own room as he is also in matric

1=Shares room with 17-18yrs age group

1=There is only one room in the CYCC for all children, the child shares with other children.

Mpumalanga

  • In all the districts CYCCs children over the age of 18 reside in the senior sections for boys and girls separately.
  • In those centres where there are dormitories 18 year olds will share amongst each other.
  • Where there are houses a specific house will accommodate the 18 yearsand above and there will be a house for boys and house for girls.
  • In some CYCCs they rent a flat for them outside the premises of the centre and assist them in getting employment and sponsors for them until they are solely independent which is the maximum age of 23 though the number is not very high.

(4)Table below illustrates the age of the oldest resident currently staying in a CYCC:

Province

Response

Free State

20 years

North West

20years

Gauteng

21 years.

Eastern Cape

21 years old.

Western Cape

21 years old.

Limpopo

20 years

KZN

22 years

Northern Cape

19 years

Mpumalanga

23 years

03 September 2020 - NW1725

Profile picture: Mabhena, Mr TB

Mabhena, Mr TB to ask the Minister of Transport

Whether any taxi rank in the Republic has been fumigated, disinfected and deep cleaned in the past three months; if so (a) what number of taxi ranks,(b) at what total cost to his department and (c) how were the specified taxi ranks selected? NW 2115E

Reply:

The Department did not procure any services for the disinfecting and cleaning of taxi ranks. This service has been decentralized and National Treasury has mandated Province and Local Authorities to utilise a percentage of allocated Grant Funding to procure COVID-19 related activities for transport industry. As such, the disinfecting and cleaning of taxi ranks is done at provincial and local level.

03 September 2020 - NW1806

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Nolutshungu, Ms N to ask the Minister of Transport

(a) Who are the shareholders of Taxi Recapitalisation South Africa, which was established by a certain company (name furnished) with the aid of his department, (b) what profit amount does the specified entity make by scrapping one taxi and (c) what number of taxis do they scrap in each year?

Reply:

a) Taxi Recapitalisation South Africa (TRSA) has been established on a collaborative business model between the Mini and Midi-Bus Taxi Industry (MMTI) with 60% ownership and the Contractor as technical partner with 40% ownership. The appointed Contractor is Anthus Services 84 (Pty) Ltd.

b) In terms of the Revised Taxi Recapitalisation Programme, the Contractor is required to verify the extent of illegal operations, improve the sustainability of the MMTI through leveraging commercial opportunities in the value chain and investigating the feasibility of introducing an age limit for mini and midi-bus taxis, in addition to the scrapping of old taxi vehicles and paying scrapping allowances to taxi operators. The Contractor’s contract value is based on the implementation of all therequirements mentioned above and not only on the scrapping of taxis only.

c) The budget for scrapping allowances provided in the Medium Term Expenditure Frameworks provides for the scrapping of 3693 vehicles annually. The actual number of vehicles scrapped annually is dependent on the number of qualifying applications received from the MMTI.Scrapping of old vehicles is also demand drivenand therefore the total number of vehicles scrapped each year is dependent on the operators bringing their vehicles for scrapping.

03 September 2020 - NW1552

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Nolutshungu, Ms N to ask the Minister of Transport

What steps has been taken by his department to ensure that Metrorail is able to (a) guarantee commuter safety, (b) protect against cable theft and vandalism of the infrastructure, (c) arrest and subsequently prosecute those responsible for vandalism of infrastructure and (d) get the service up and running to its full capacity within set time frames?

Reply:

a) PRASA resumed its Metrorail Operation on 01 July 2020, in all Regions (Western Cape, Eastern Cape, KwaZulu Natal and Gauteng) in line with the level 3 lockdown regulations, governed by the risk adjustment strategy implemented by the Government in an attempt to limit the spread of Corona virus pandemic. The Metrorail services resumed in the following corridors at 30% capacity in line with the regulations:

Western Cape

KwaZulu-Natal

Gauteng

Eastern Cape

  • Cape Town - Retreat (Wynberg)
  • Durban - Umlazi
  • Durban - Kwamashu
  • Pienaarspoort - Pretoria
  • Port Elizabeth -Uitenhage
  • East London - Berlin

Following the Minister of Transport’s announcement on 16 July 2020 allowing commuter rail operations to increase the loading capacity to 70%, Metrorail has accordingly increase its loading capacity in the currently operating corridors to 52% from Monday, 03 August 2020, informed by the following risk-based scenarios:

52% Capacity

70% Capacity

Social distancing for standing is 0.5m apart and all seats occupied with commuters wearing masks. Total in each train set is 1161 commuters

Social distancing for standing is 0.2 to 0.3m apart and all seats occupied with commuters wearing masks. Total in each train set is 1540 commuters

Risk Mitigations

The following measures were implemented to mitigate the risk of spreading the virus:

  • All Commuters are sanitised when they enter the station precinct
  • No socialising in the train.
  • No eating in the train.
  • Maintain appropriate ventilation inside the train - Windows to be opened by at least 5cm.
  • No handshaking greetings.
  • Commuters and staff strictly wear face mask on board the train.
  • Protection Officials and Marshalls are deployed on board to enforce compliance.
  • Train surfaces are disinfected before the train trip and at turnaround stations.

In addition, commuters are encouraged not to touch surfaces where possible in order to reduce the spread of the virus.The current security arrangements remain in place and supported by platform marshals to enforce compliance with the regulations.

Metrorail will continue to monitor the associated risk and based on the lessons learned and the attendant risk assessment, increase the loading capacity to 70%, in line with the current regulations.

b) Metrorail Security continuously identify crime hot spot areas and focus actions to ensure asset protection. Teams are deployed in corridors to ensure fast and effective response. Metrorail has advertised 3000 additional security posts nationally with closing date 22 July 2020. In the interim, until 15 August 2020, available security resources will be utilised to mitigate security risks / threats.

PRASA is also involved with Joint Operations with the Rapid Rail Police to create additional capacity to address the prevailing security threats. PRASA is currently engaged in various projects to address permanent and sustainable solutions for mitigation of the security risks associated with cables and infrastructure i.e.:

  • Corridor walling;
  • Recruitment Process;
  • Monitoring Control Rooms;
  • Physical Security;
  • Armed Response;
  • E-Security solution that will deliver protective measures for mission critical assets (substations, relay rooms and high sites)
  • Intelligence Driven Security Operations with investigations and criminal forensic support; and
  • Drone operations that will focus of infrastructure and cable protection.

c) Over 140 suspects have been arrested for various acts of theft of vandalism of PRASA’s infrastructure nationally with Gauteng contributing over 90% of those arrests. Prasa is pursuing various options with specialised units of the SAPS and the NPA to ensure that perpetrators are effectively prosecuted and receive stiffer sentences are effected, these efforts have been necessitated by the ease in which bail is being granted to suspects even in instances where it is established that they are foreign citizens who might not easily be confined to the borders of RSA.

d) Services will gradually resume in line with the adopted infrastructure and security plan and in compliance with COVID-19 Directions. The focus will be on corridors with high passenger demand and with less repair work required on vandalised infrastructure and station facilities. In Gauteng, due to damage and vandalism to Overhead Traction Equipment (OHTE), services will initially be rendered using diesel traction whiles OHTE are being repaired and security services are rolled out.

The table below gives an indication of the planned resumption of services:

03 September 2020 - NW1760

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

(1)What portion did the Road Accident Fund receive from the fuel levy in each month since 1 January 2020; (2) with reference to creditors paid over the past three years related to court proceedings in defence of claims, what (a) are the different categories of service providers and (b) amount was paid to each specified category?

Reply:

(1) The Road Accident Fund (RAF) received the following amounts from the fuel levy in each month since 1 January 2020:

January 2020

R 3 807 332 143.91;

February 2020

R 3 528 323 707.01;

March 2020

R 3 495 556 973.48;

April 2020

R 3 770 745 323.10;

May 2020

R 2 558 272 599.71; and

June 2020

R 1 599 970 916.97.

(2) With reference to creditors paid over the past three years related to court proceedings in defense of claims,

(a) the different categories of service providers are:

and (b) the amount that was paid to each specified category is:

Advocates for the RAF

R1 004 423 966;

Attorneys for the RAF

R7 317 065 343;

Actuaries for the RAF

R425 791 569;

Assessors for the RAF

R289 909 208;

Medical experts for the RAF

R2 055 641 965;

RAF travel and accommodation

R17 461 530;

Other RAF disbursements

R292 200 723;

Advocates for the claimant

R2 372 350 878;

Attorneys for the claimant

R7 700 134 971;

Actuaries for the claimant

R634 888 188 ;

Assessors for the claimant

R29 297 408;

Medical experts for the claimant

R4 187 898 064;

Claimant travel and accommodation

R235 652 197; and

Other claimant disbursements

R209 998 368.

03 September 2020 - NW1909

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

(1)What number of truck companies are (a) part of the Bargaining Council and (b) not part of the Bargaining Council; (2) whether his department has conducted any studies to determine what number of truck companies in the road freight industry employed (a) documented and (b) undocumented foreign nationals as truck drivers in the past three financial years; if not, does his department intend to conduct such studies; if so, what number of (i) documented and (ii) undocumented foreign nationals have been found to be employed by truck companies in the road freight sector in the specified period; (3) whether his department has taken any steps against any truck company for illegally employing undocumented foreign nationals as truck drivers; if not, why not; if so, what are the relevant details?NW2424E

Reply:

1. The information sourced from the Bargaining Council states that are (a) 3121 truck companies that are currently registered with the Bargaining Council. (b) the number of truck companies not part of the Bargaining Council remains unknown as the it (Bargaining Council)keeps information on companies that are registered within its scope. It must be noted the Bargaining Council for Road Freight and Logistics has jurisdiction only on truck companies that fall within its scope, associated for transporting of goods for hire or reward

2. The Department of Transport has not conducted any study in this regard. It must be stated that this is purely a labour matter and the Department of Employment and Labour has since taken the lead in addressing this issue so much so that the Department of Transport forms part of an Interministerial Committee appointed by Cabinet as per its decision of 15 July 2020, copy of which has been attached hereto for ease of reference.

3. On an ongoing basisan integrated and multidisciplinary Joint Law Enforcements and Compliance Inspections were conducted between 01 September 2019 to 31 March 2020 by the responsible Law Enforcement Teams from SAPA, Dept. of Employment and Labour, Home Affairs and Traffic Authorities with the following outcomes:

In KZN 26 roadblocks were conducted;

23 Employers were charged;

262 undocumented truck drivers were charged; and

35 inspections at trucking companies were conducted.

The above Joint Law Enforcements and Compliance Inspections were conducted by Department Home Affairs; Department of Employment and Labour; Traffic Authorities, South African Police Service; Metro Police and the Bargaining Council.

03 September 2020 - NW1505

Profile picture: Mabhena, Mr TB

Mabhena, Mr TB to ask the Minister of Transport

What total number of train stations on each line currently (a) have and (b) do not have functioning electricity?

Reply:

The total number of train stations on each line currently (a) having and (b) not having functioning electricity is as per the table below:

Commuter stations per region

Region Name

(a)

Available

(b)

Not Available

Total

South Gauteng

63

101

164

North Gauteng

27

41

68

KwaZulu Natal

92

10

102

Western Cape

109

15

124

Eastern Cape

22

7

29

 

313

174

487

03 September 2020 - NW628

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Ngwenya, Ms DB to ask the Minister of Social Development

Whether the SA Social Security Agency has put measures in place to ensure that mothers of newborn babies who qualify for social grants are able to register?

Reply:

Mothers with new born babies have been able to apply for the child support grant at SASSA local offices. The need for the care giver to register babies as soon after birth as possible has been emphasized in all communication, as research has shown that the positive benefits of the grant are significantly higher the earlier the grant is paid.

However, under Level 5 lockdown restrictions, SASSA local offices were closed. With the easing of restrictions under level 4, SASSA has progressively re-opened its local offices as from Monday 11 May 2020. The categories of clients who may be assisted under level 4 include mothers of new born babies.

The application service has continued under level 3 without any restriction on the age of the child, although mothers of new born babies are encouraged to apply as soon after the birth as possible.

In order to maintain social distancing and to limit the numbers of citizens who report to the local offices for a service, SASSA has designated specific days for specific grant types. Applications for grants for older persons are done on Mondays and Tuesdays, while applications for child support and foster child grants are attended to on Wednesdays and Thursdays. Fridays will be used to complete work which could not be attended to before the lockdown, as well as any overflow from the previous days in the week.

SASSA is also currently working on accepting on-line applications for the above grant types. This will make it easier for mothers with very small babies to lodge applications without having to go to the local offices to do so in person. This functionality should be available in the course of July 2020 and would just provide an additional channel for applications, in addition to the face to face applications at local offices.

03 September 2020 - NW1640

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Sonti, Ms NP to ask the Minister of Social Development

Whether her department considered a different payment method to beneficiaries of social grants, rather than having persons standing in long queues risking Covid-19 infections?

Reply:

All social grant beneficiaries receive their social grants in a bank account, whether this is their own personal account, or the SASSA card account. Once the money is available in the account, the beneficiary can withdraw the money at any time, everywhere in the country. There is no requirement for the beneficiaries to withdraw the money on the same day, or to withdraw all the cash at once.

Much of the communication SASSA has been doing is to have beneficiaries of social grants understand that there is no need for them to queue to withdraw cash, but that they can use their cards to pay for goods (the SASSA card is a fully functional debit card); that they can withdraw smaller amounts as and when they need this, or that they can go later in the month, when the queues are not as long.

The support of Honourable members in reinforcing this message will assist in changing beneficiary behaviours.

03 September 2020 - NW1383

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Breedt, Ms T to ask the Minister of Social Development

(1)Whether her department awarded any tenders in relation to the Social Relief of Distress Grant; if so, what (a) are the names of the businesses and/or service providers to whom the specified tenders were awarded, (b) are the amounts of each tender awarded and (c) was the service and/or product to be supplied by each business and/or service provider; (2) whether standard procurement processes were followed; if not, why not; if so, what was the reason for each specified business and/or service provider to be awarded the specified tender; (3) whether her department awarded any tenders in relation to capacity increase on existing grant infrastructure; if so, what (a) are the names of the businesses and/or service providers to whom these tenders were awarded, (b) are the amounts of each tender awarded, (c) was the service and/or product to be supplied by each business and/or service provider; (4) whether the standard procurement processes were followed; if not, why not; (5) what was the reason for each specified business and/or service provider to be awarded the specified tender? NW1754E

Reply:

 

1. (a) No tender was awarded

(b) Not applicable

(c) Not applicable

2. Not applicable

3. (a) Tenders were awarded to Prosense, Vodacom and Govchat.

3. (b)

  • SASSA varied Prosense’s existing contract with R2, 9 million.
  • Vodacom was awarded R15 million for thetender through the existing National Treasury RT15 contract (RT15 is a Government Transversal contract to Supply and deliver mobile communication services to the State during the lockdown period 27 March to 16 April 2020)
  • Govchat services are rendered for free to SASSA

4. Yes, the standard procurement processes were followed.

5. - Prosense was appointed to build the APIS(Application Programming Interface system)for data validation and to develop website for Special SRD Grant (Social Relief of Distress Grant)

  • Vodacom was appointed to develop USSD platform (Unstructured Supplementary Service Data)for SRD Applications
  • Govchat was appointed to develop the Special SRD Application Platform for free

03 September 2020 - NW1590

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

(a) For what purpose did the SA National Road Agency Ltd request the R7 billion loan from the Development Bank of Southern Africa and (b)(i) for which projects and/or capital expenditure projects was the loan made and (ii) where are the projects located?

Reply:

a) SANRAL did not apply for a loan from the Development Bank of Southern Africa.

b) (i) Not applicable

(ii) Not Applicable

03 September 2020 - NW1591

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

What is the intention of the R2,5 billion transfer to Gauteng Freeway Improvement Project (e-toll) in the Adjustment Budget?

Reply:

The R2.53 billion (incl VAT) will be used for the funding requirements in the Toll Portfolio, which includes the shortfall on the collection of toll revenue from the Gauteng Freeway Improvement Project (GFIP) as well as the servicing of debt for the portfolio.

03 September 2020 - NW1227

Profile picture: Mey, Mr P

Mey, Mr P to ask the Ministerof Transport

(1)Whether his department purchased any goods and/or services below the amount of R500 000 connected to the Covid-19 pandemic; if not, what is the position in this regard; if so, what (a) is the names of each company from which the specified goods and/or services were purchased, (b) is the amount of each transaction and (c) was the service and/or product that each company rendered; (2) whether there was any deviation from the standard supply chain management procedures in the specified transactions; if so, (a) why and (b) what are the relevant details in each case; (3) what were the reasons that the goods and/or services were purchased from the specified companies; (4) whether he will make a statement on the matter?

Reply:

1. Procurement of Covid19 related goods below R 500 000:

Nr

Name of Service Provider

Amount

Goods/Services

 

(a)

(b)

(c)

1

Way 2 Go It Solutions

R465 000,00

PPE for DOT officials/internal use

2

Moloko Family Holdings

R141 940,00

Public Transport: Activation at Taxi Ranks

3

Mistralog

R19 300,00

PPE for DOT officials/internal use (Multiple Award)

4

Hamisa

R26 569,14

PPE for DOT officials/internal use (Multiple Award)

5

Amet

R51 750,00

PPE for DOT officials/internal use (Multiple Award)

6

Ecko-Green

R9 000,00

PPE for DOT officials/internal use (Multiple Award)

7

Ecko-Green

R6 000,00

PPE for DOT officials/internal use (Multiple Award)

8

Cherry Pickles

R175 500,00

Ministry: Outreach and DLTC's: Face Shields and Sanitizers

9

Morerishi Travel

R90 000,00

Ministry: Outreach and DLTC's: Face Shields and Sanitizers

10

Tshwane Running Shop

R22 000,00

PPE for DOT officials/internal use (Multiple Award)

11

Tshebis Projects

R16 900,00

PPE for DOT officials/internal use (Multiple Award)

12

Consumer Connectedness

R128 604.00

Disinfecting of Building

13

Rimone Wako Mzantsi

R25369.60

Disinfecting of Building

(2)(a) The Department did not foresee the impact of the Covid-19 pandemic at the commencement of the previous financial year and had therefore not budgeted for the pandemic nor planned for any tenders in the Annual Procurement Plan related hereto. However, The Department had followed all the available prescripts by the National Treasury in the COVID-19 procurement processes.

Quotations were sourced in line with the provisions of the relevant Treasury instructions and a process of multiple award approach was utilised to meet the necessary volumes requested in the distributions for Personal Protective Equipment (PPE) and Wear

(2)(b) A report was provided of a positive Covid19 case at the Department, and Facilities Management requested that the entire building be disinfected urgently. Four companies who had provided quotes for other Covid-19related services to the Department was approached and requested to provide a quote within two (2) hours. The deviation is that under normal circumstances suppliers are given three (3) to seven (7) days to respond to quotations. In this circumstances in with the need to have the building functional as soon as possible, suppliers were given period of two hours to respond. This however is in line with provision of the Treasury Instruction Note No.5 of 2020-2021.

(3) Companies are listed under the required commodities on CSD. Quotes were received from multiple companies, and the award was done based on ranking for either price or price and preference (in cases where preference points were claimed).

(4) If the house deems it appropriate, the Minister will make a statement, but does not see any necessity at this stage.

03 September 2020 - NW1330

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

With reference to the readiness to commence with Metrorail services from 1 July 2020 as he confirmed (a) which rail lines and/or sections will be prioritised and ready for use, (b) what are the reasons for excluding other rail sections from being prioritised and ready for use and (c) what cost is associated with bringing the excluded rail sections into full service including the (i) distances in kilometres for each excluded section and (ii) number of commuters using each excluded rail section?

Reply:

a) The following rail lines will be prioritized and ready for use:

  1. Gauteng: Pretoria – Pienaarspoort
  2. Western Cape: Southern Corridor (Cape Town – Retreat)
  3. Eastern Cape: East London – Berlin
  4. Eastern Cape: Port Elizabeth – Uitenhage

The reason for excluding other rail sections from being prioritized and ready for use are:

(i) To reduce the spread of the virus by introducing limited services and then gradually increase services with time;

(ii) During lockdown, theft and vandalism continued within the network system and with theextent of damages, it is going to take longer to repair those lines with severe damages; and

(iii) Resuming with few lines provides the business the opportunity to learn how to handle passengers under COVID-19 before extending services to other lines.

c) The cost associated with bringing the excluded rail sections into full service includes COVID-19 Safety Equipment of R30 million, Security Costs of R300 million, Infrastructure (OHTE, Signals, Perway, Tele-Comms) of R301 million and Stations Costs of R9million of which:

(i) distances in kilometers for each excluded section are:

  • Umlazi – Durban – Kwamashu 61,37km
  • Naledi – Johannesburg 29,87km
  • Leralla – Johannesburg 47,48km
  • Western Cape – Northern Corridor 11,38km
  • Crossmoor – Merebank 13,50km
  • Umkomaas – Durban 83,26km

(ii) The number of commuters using each excluded rail section are:

  • Umlazi – Durban – Kwamashu 31,471
  • Naledi – Johannesburg 158,373
  • Leralla – Johannesburg 118,895
  • Western Cape – Northern Corridor 15,153
  • Crossmoor – Merebank 12,383
  • Umkomaas – Durban 15,253

03 September 2020 - NW1807

Profile picture: Nolutshungu, Ms N

Nolutshungu, Ms N to ask the Minister of Transport

(a) What plans are in place for the Road Accident Fund to pay over R17 billion in unpaid claims that have been outstanding for more than 10 years and (b) by what date does he envisage will the backlog be cleared?

Reply:

(a) The revenue received by the Road Accident Fund (RAF) from the fuel levy is insufficient to address its claims liability, consequently one of the plans (targets) included in the RAF’s Strategic Plan and Annual Performance Plan, which is specifically aimed at addressing the unpaid claims debt, is for the RAF to secure a finance facility for this short-term debt and (b) the securing of the finance facility to clear the backlog is targeted for the 2020/21 financial year.

02 September 2020 - NW1829

Profile picture: Madlingozi, Mr BS

Madlingozi, Mr BS to ask the Mr BS Madlingozi

1. Whether, given that R250 million owed to musicians currently in the bank account of South African Music Rights Organisation NPC (SAMRO), while mainly black artists are struggling to make end meet during the COVID-19 pandemic, there are any measures in place to assist musicians to obtain their money; if not, how does the Department intend to reach out and assist the desperate musicians; if so what measures are in place

Reply:

1. The Department has engaged SAMRO CEO regarding the money that is apparently in the account and it was explained to us that this money relates to undocumented work that is currently in limbo until such time that the true owners have come forth to claim the money. It is a normal practice that if the money is not claimed by any person, such will be distributed to authors after the five year holding period has expired. However, and in the light of the COVID challenges SAMRO has taken a decision to reduce the five year holding period into three years and thus ensuring that a proportion of the amount is made available. It is fair for SAMRO to be in a position to safeguard this money and properly allocate and report it. It also came to our attention that SAMRO is in the process of allocating some of this money targeting senior practitioners, and this would go a mile towards addressing the challenges brought by the pandemic.

I am sure you are aware also that on 18 August 2020, I announced the second wave of the Departmental COVID-19 Relief Funding for the arts, culture and heritage sector. The second wave will take into account the shortcomings and experiences of the first rollout. The relief will be available to mainly categories of performance and celebrations; music; festivals and events; books and publishing as well as heritage practitioners. Other practitioners will be covered through the partnership with the Department of Small Business and Development (DSBD).

In addition, the Solidarity Fund has made available 10 000 food or cash vouchers of R700 to the department, amounting to R7 million. The department is working with sector organisations and the provinces to develop a list of practitioners who will benefit from these vouchers and each province will receive 1 000 vouchers which can either be redeemed as cash or for food, with beneficiaries to be identified as follows: 50% urban and 50% rural areas.

02 September 2020 - NW1543

Profile picture: Zungula, Mr V

Zungula, Mr V to ask the Minister of Social Development

Whether she will (a) disclose the variance in the grant collections before the start of the lockdown to curb the spread of Covid-19 on 26 March 2020, and grant collections during the specified lockdown, (b) give an explanation of the reason(s) for the decline and/or increase variance in the collection of grants before the lockdown and during the lockdown and (c) highlight the regions where a huge decline in grant collections were experienced; if not, why not, in each case; if so, what are the relevant details in each case?

Reply:

a) On a monthly basis for the period prior to lockdown, approximately 0,5% of all grants paid are not collected.

The table below shows the number of SASSA accounts credited every month, the number of grants collected and the number not collected for the month prior to lockdown, and the months after lockdown.

Transfers into SASSA Card

 Month

Number of
SASSA cards Credited

Number of
Grants collected

Number of grants not collected

% Not collected

Mar-20

8,066,894

8,028,568

38,326

0.5

Apr-20

8,100,671

7,993,672

106,999

1.3

May-20

8,109,539

8,061,907

47,632

0.6

Jun-20

8,144,519

8,101,019

43,500

0.5

         

 

b) The increase in the number of uncollected grants in April was due to level 5 lockdown, where many beneficiaries were reluctant to leave their homes to access the grants.

The decrease in the number of uncollected grants in May and June is believed to be as a result of the relaxation of lockdown rules.

c) SASSA experiences non-collection of grants on monthly basis. The table belowindicates the top three(3) regions that experienced the highest number of decline in the collection of grants from March 2020 (before Covid-19 and lockdown) and April to June 2020 (during lockdown)

In April the high decline is caused by the total shutdown due to level 5 lockdown, beneficiaries were afraid to leave their homes to collect their grants

In May, KwaZulu-Natal and Gauteng remained with the highest number of grants not collected even though the number declined. Western Cape is the third highest due to the increase in the number of COVID-19 positive cases.

In June,the above provinces remained the highest but the overall number of grants not collected has reduced.

02 September 2020 - NW530

Profile picture: Masango, Ms B

Masango, Ms B to ask the Minister of Social Development

(1)Did she make the decision to appoint the current SA Social Security Agency Chief Executive Officer (SASSA CEO) alone; if not, who else was part of the decision making when appointing the CEO; (2) (a)(i) on what date and (ii) where were interviews held for the position of the SASSA CEO and (b) who were the candidates that were interviewed; (3) who formed part of the interview panel for the CEO position; (4) (a) what are the determining factors considered for the salary of this position, and (b)(i) what is the salary scale used for the CEO’s salary and (ii) when last did the salary scale change and (III) what changes were made to the salary scale?

Reply:

1. No, The SASSA CEO was appointed before my deployment in this portfolio.

According to the available records the recommendation to appoint the CEO of SASSA was made by an interview panel chaired by Ms Shabangu, the former Minister of Social Development. The interviewing panel comprised:

Mr T Nxesi, former Minister of Public Works,

Mrs A Motshekga, Minister of Basic Education; and

Mr V Madonsela, former Director-General: Justice and Constitutional Development.

Furthermore, concurrence was obtainedfrom Cabinet for the intended appointment of the CEO.

(2) According to the available records the below:

2 (a)(i) 18 December 2018.

(a)(ii) National Department of Social Development, HSRC Building, 134 Pretorius Street, Pretoria.

(2)(b) According to the available records the following were candidates: Ms SD Ntukwana, Ms BJ Memela-Khambula and Mr AS Mahlangu

(3) As Indicated above, the CEO appointed was before my deployment to the portfolio and therefore I am referring to the details.

(4)(a) The determining factors for the salary include amongst others, the level of responsibility, accountability and leadership capabilities, equivalent to that of a National Head of Department.

(4)(b)(i) SMS salary level 16 was used for the CEO’s salary (R 1 880 736.00 per annum).

(4)(b)(ii) 1 April 2019, with the cost of living adjustment.

(4)(b)(iii) Awarding of a total cost to employer package of R 2 650 000.00 per annum was offeredin line to the preferred candidate.

02 September 2020 - NW1824

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Msane, Ms TP to ask the Minister of Trade, Industry and Competition

Mrs T P Msane (EFF) to ask the Minister of Trade, Industry and Competition: (a) What total number of black-owned specifically Broad-Based Black Economic Empowerment Level 1 companies have received assistance from the National Empowerment Fund under the programme Corporate Fund sub-programmes Project Finance, and Liquidity & Warehousing and (b) under what trades are the specified companies? [NW2196E]

Reply:

I am advised by the Mrs Philisiwe Mthethwa, CEO of National Empowerment Fund (NEF), that the NEF does not have a Fund referred to as the Corporate Fund. The funding products listed in the question are housed under the NEF’s uMnotho Fund.

Mrs Mthethwa has provided the following information in respect of the uMnotho Fund:

 

“Brief description of uMnotho Fund:

uMnotho Fund is designed to improve access for medium-sized black businesses and has the following six funding products:

  1. Acquisition Finance,
  2. New Ventures Finance,
  3. Expansion Finance,
  4. Capital Markets Fund,
  5. Liquidity and Warehousing and
  6. Property.

These products provide capital to black-owned and-managed enterprises as well as to black entrepreneurs who are provided with expansionary acquisition finance that allows black majority shareholding in companies, new ventures finance and black businesses that are or wish to be listed on the JSE. Funding ranges from R2 million to R75 million.  The Fund is priced to achieve returns that are in line with the level of risk taken by the NEF. 

uMnotho Fund performance since inception to date:

The Fund since inception to date has invested R3.3 billion in black transactions by value of investment. These investments have benefited over 143 companies that are black-owned and managed. Over 20 290 jobs have been supported through this Fund. The sectors invested include but are not limited to Property, Transportation, Tourism & Entertainment, Arts & Culture, Media, Construction, Energy etc.

Funding products under inquiry:

(i) uMnotho Liquidity & Warehousing portfolio

  • Since inception to date the NEF has invested R154.4 million under Liquidity & Warehousing and by volume this amounts to 5 companies supported under this portfolio.
  • Total jobs supported is 3 496.

(ii) uMnotho New Ventures Finance portfolio

  • Since inception to date the NEF has invested R1.2 billion by value and by volume this equates to 63 companies supported.
  • Total jobs supported is 9 164"

-END-

02 September 2020 - NW715

Profile picture: Mashabela, Ms N

Mashabela, Ms N to ask the Minister of Basic Education

What plans has she put in place in the event that it becomes impossible for schools to reopen before September 2020 due to the COVID-19 pandemic?

Reply:

Schools have reopened; and the health and safety measures have been put in place to protect educators, learners and staff. The Department continues to monitor the situation to ensure that lives are saved.

02 September 2020 - NW1828

Profile picture: Madlingozi, Mr BS

Madlingozi, Mr BS to ask the Minister of Sports, Arts and Culture

1). What (a) total amount of the funds earmarked to provide relief to artists who are suffering as a result of the Covid-19 pandemic has been disbursed to artists and (b) percentage of the specified funds have been allocated to artists based in rural areas; (2). whether there have been any delays in disbursing the funds; if so, what (a) are the reasons for such delays and (b) steps will he take to ensure that everyone who needs the funds will receive such?

Reply:

(1). The COVID -19 Relief Fund close-out report has not been completed due to the fact that the Appeals Committee has not concluded on all appeals applications. Upon conclusion and reconciliation of the Relief Fund processes a full report will be shared with the Portfolio Committee.

However, as of the end of July 2020, the Department had disbursed 3120 (three thousand, one hundred and twenty) payments to approved beneficiaries to the sum of R63 million.

The Department will be able to provide a detailed report on the Relief Fund upon completion of all processes.

(2). A number of challenges were experienced which contributed to delays in disbursing funds to approved beneficiaries, both individuals (artists and athletes).

• A new online application systems was used and it necessitated training for official assigned to use the system

• Disbursement of funds were facilitated through agencies Business Arts South Africa (BASA) and the National Film and Video Foundation (NFVF). The two agencies had to tailor-made their operations for disbursement of funds based on the Relief Fund criteria.

• The various independent committees appointed (Adjudication, Appeals Committees) had to be boarded and trained to use the online application and this also contributed to the delay.

01 September 2020 - NW1914

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Brink, Mr C to ask the Minister of Finance

(1)Whether he has been informed of the plans of the Development Bank of Southern Africa (DBSA) to assist the Government with drafting One Plan and other initiatives under the District Development Model (DDM); if not, what is the position in this regard; if so, (2) whether the DBSA and/or the National Treasury received diagnostic reports in respect of the lessons learnt by the Government in piloting the DDM in the OR Tambo and Waterberg District Municipalities; if not, on what basis has the DBSA issued a tender (details furnished) on 30 June 2020 to source professional service providers to help in the development and finalisation of the DDM One Plan for the specified two districts; if so, (3) whether he will furnish Mr C Brink with a copy of the reports; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. The District Development Model (DDM) is an initiative by the Department of Cooperative Governance (DCoG) to facilitate better coordination across all spheres of government and SOEswith regard tothe investments that is required to facilitate development in 52 spaces in the country. The objective of the DDM is to effectively respond to the needs of communities by implementing programmes that contribute to the outcomes in the National Development Plan (NDP). Government should be able work in partnership with the private sector and communities in making the outcomes of the National Development Plan a reality, now more so than ever before given the fiscal constraints we face and impact of Covid-19 on our communities.

Our understanding is that DCoG has concluded and MOU with the Development Bank of Southern Africa (DBSA) MOU to assist the department with professional servicesforproject management unit (PMU) to implement the DDM.

2. DCOG has made available the DDM concept note, document on lessons learnt in the pilots and profiles of the 52 District it produced available in the following link http://www.cogta.gov.za/ddm/ 

There is no requirement that DCOG should submit reports to Treasury prior to its decisions to procure professionals through the DBSA for its implementation of DDM, given that National Treasury does not get involved in the procurement processes of professional servicesof other institutions. In other words, we can’t provide comments on what basis the DBSA issued a tender on 30 June 2020, DCOG should be in a position to provide required details.

3. Besides the information DCOG published in its website, given thatit is the custodian of theDDM, it will only be appropriate that they be approached to provide the Honourable members with the diagnostic reports in respect of the lessons learnt by the Government in piloting the DDM in the eThekwini Metro, OR Tambo and Waterberg District Municipalities.

01 September 2020 - NW1991

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Van Der Walt, Ms D to ask the Minister of Basic Education to ask the Minister of Basic Education

What are the relevant details of the (a) set targets, (b) time frames and (c) targets achieved for the establishment of (i) special schools and (ii) full-service schools in all the education districts since 2014?

Reply:

With regard to (a) set targets, (b) time frames, and (c) targets achieved for the establishment of (1) special schools and (ii) full-service schools in all the education districts since 2014, the following can be reported:   

(a) No targets were set for the establishment of special schools, since the focus was on ensuring the establishment of full-service schools, so as to increase access for learners with special education needs.  The sector target for the establishment of full-service schools was 624.

(b) No timeframes were set for the establishment of special schools. The sector target of the establishment of 624 full-service schools had to be achieved by 2018.

(c) Although no targets were set for the establishment of special schools, by 2018, there were  501 special schools (447 Public, 54 Independent), as compared to 295 in 2002.  By 2018, 848 full-service schools were established across all districts - 224 full-service schools more than the target of 624.

01 September 2020 - NW1969

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Sukers, Ms ME to ask the Minister of Basic Education to ask the Minister of Basic Education

Whether, with reference to her reply to question 1347 on 26 June 2020 regarding the list of 1 500 schools in which Comprehensive Sex Education is being piloted, she will provide Ms M E Sukers with a list of the specified schools in each province; if not, why not; if so, by what date?

Reply:

The list of school where Scripted Lesson Plans (SLPs) were piloted has been attached.

01 September 2020 - NW1467

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Thembekwayo, Dr S to ask the Minister of Basic Education to ask the Minister of Basic Education

What (a) are the details of the major factors that her department considered when taking the decision to reopen schools during the peak of the Covid-19 pandemic (b) conclusive evidence did her department rely on to reach the conclusion that children are less likely to die from the virus and/or transmit it to their parents and grandparents at home, given that the coronavirus is a novel virus and no one comprehensively knows all modes of its transmission?

Reply:

The decision to reopen schools was taken by Cabinet.  Cabinet was advised by the National Coronavirus Command Council (NCCC), which was advised by medical experts, led by the Ministerial Advisory Council on Health.  The medical professionals provided the advice, which led to the decisions being made with conditions that all health and safety measures are put in place in schools.

01 September 2020 - NW1992

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Van Der Walt, Ms D to ask the Minister of Basic Education to ask the Minister of Basic Education

(a) What total number of mobile classrooms were provided by her department to education districts since 2014, (b) what is the name of each service provider who rendered the service, (c) what was the total amount in each case and (d) how was the provision of the mobile classes funded in each case?

Reply:

The question has been referred to all provincial departments of education for a response and it will be provided as soon as the responses have been received and collated

01 September 2020 - NW1787

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Masipa, Mr NP to ask the Minister of Finance

What are the (a) relevant details of the factors that were considered when the Government approved a bailout of R3 billion to the Land Bank and (b) conditions attached to the specified bailout; 2) whether he has found that the specified bailout will solve the challenges faced by the Land Bank going forward; if not, what is the plan going forward to solve this problem; 3) on what date will the bank resume its lending activities?

Reply:

1(a) The following factors were considered when the Government approved a bailout of R3 billion to the Land Bank

(i) The credit downgrading of the Land Bank:Between January 2020 and April 2020, Moody’s downgraded both the Land Bank’s global long-term issuer rating and the national scale credit rating on various occasions. The downgrades led to funders not rolling over maturing debt or extending new funding facilities. Despite having access to R4.3 billion in Government Guarantees, the Bank was still unable to secure additional funding.

(ii) Downgrading leading to liquidity challenges and defaulting on financial obligations: The Bank as a result of the downgrade experienced significant liquidity shortfalls, which resulted in a default on its outstanding debt starting 1 April 2020.

(iii) The poor financial position of the Land Bank for the period 2016 to February 2020. Analysis showed significant deterioration in the Bank’s financial position since the 2015/16. This pointed to the need to restructure the Bank for its future financial sustainability

(b) The following conditions attached to the specified bailout

“Part of the R3 billion funds is to be utilised to pay portion of the overdue interest and capital and the remainder for the operation activities of the Bank (i.e. disbursements to farmers, etc.).

2.The R3bn will assist the bank with short term liquidity. The immediate goal is to stabilise the financial sustainability of the Land Bank and make sure the bank improves and continues with its business of lending to farmers in terms of its mandate, as per the Land Bank Act of 2002. In the medium to long-term the bank needs to cure its event of default, correct its asset and liability mismatch and attain financial sustainability. The shareholder recognises that the medium to long-term goals will required additional government support.

3.The Land Bank has continued its lending activities although at reduces scale.

31 August 2020 - NW1923

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Tarabella - Marchesi, Ms NI to ask the Minister of Basic Education to ask the Minister of Basic Education

Whether her department conducted a cost analysis and comparison of the (a) total amount it would cost to prepare all schools thoroughly in dealing with the Coronavirus pandemic by providing all necessary Personal Protective Equipment and other protocols and (b) specified costs against the amount it would cost the department if they equipped all learners for online learning by buying computers and other relevant infrastructure; if not, why not; if so, what are the relevant details?

Reply:

(a) No. The Department did not do a cost analysis and comparison. The procurement and provision of Personal Protective Equipment (PPEs) for schools is a provincial function whose performance lies with Provincial Education Departments (PEDs) and not with the National Department of Basic Education.

(b) The Department of Basic Education has developed a Comprehensive Plan to provide learners and teachers with digitized Learning and Teaching Support Material (LTSM) loaded on ICT devices. Different types of ICT gadgets will be provided to learners and teachers in the Primary as well as Secondary schools across all nine provinces. This included assistive devices for learners living with disabilities. Based on the cost analysis of the current contracts that are available in the market, it will cost the government more than R30 Billion to rollout the project. To promote access, the department is considering providing discounted data bundles to learners to complement connectivity provided using other technologies.

31 August 2020 - NW1937

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Wilson, Ms ER to ask the Minister of Health

Whether his department has investigated the effect that electromagnetic exposure may have on the health of young children; if not, why not; if so, what are the relevant details?

Reply:

The National Department of Health is guided by the World Health Organization (WHO) with regards to such matters.

WHO established the International Electromagnetic Fields (EMF) Project in 1996. The project investigates the health impact of exposure to electric and magnetic fields in the frequency range 0-300 GHz and advises national authorities on EMF radiation protection[1].

Scientific studies suggest that EMFs are unlikely to be harmful at the levels normally found in homes, although there is some uncertainty regarding certain health effects[2]. These primarily relate to a possible, small increase in the risk of childhood leukeamia associated with high exposure to extremely low frequency electromagnetic forces (ELF-EMFs) which have been identified in some studies – these findings have suggested that there may be a small increase in risk of childhood leukaemia at higher than usual magnetic field exposures in homes, some of which are near to large power lines. It is estimated that 2 to 5 cases from the total of around 500 cases of childhood leukaemia per year in the United Kingdom could be attributable to magnetic fields. The types of studies that investigate these risks face many difficulties, including the possibility of chance, bias and the presence of confounding factors that may confuse the findings. Importantly there is no known mechanism or clear experimental evidence to explain how these effects might happen.

Current concerns are primarily focused on EMFs associated with 5G radiofrequencies (these are different to ELF-EMFs). Although a large number of studies have been performed over the last two decades to assess whether mobile phones pose a potential health risk, to date, no adverse health effects have been established as being caused by mobile phone use. The radiofrequency electromagnetic radiation that mobile phones or phone masts transmit and receive is non-ionising and is very weak. This non-ionising radiation does not have enough energy to damage DNA and cannot directly cause cancer. 4G or 5G networks differ in that they use higher frequency waves than older mobile networks, but they still do not have enough energy to damage DNA to cause cancer.[3]

WHO advocates for further research into the possible long-term health impacts of all aspects of mobile-telecommunications. It also develops public information materials and promotes dialogue among scientists, governments, and the public to increase understanding around health and mobile communications. WHO is conducting a health risk assessment from exposure to radiofrequencies, covering the entire radiofrequency range, including 5G, to be published by 2022[4].

END.

  1. World Health Organization https://www.who.int/westernpacific/news/q-a-detail/5g-mobile-networks-and-health

  2. Public Health England https://www.gov.uk/government/publications/electric-and-magnetic-fields-health-effects-of-exposure/electric-and-magnetic-fields-assessment-of-health-risks

  3. Cancer Research UK https://www.cancerresearchuk.org/about-cancer/causes-of-cancer/cancer-myths/do-mobile-phones-cause-cancer

  4. World Health Organization https://www.who.int/westernpacific/news/q-a-detail/5g-mobile-networks-and-health

31 August 2020 - NW1929

Profile picture: Nodada, Mr BB

Nodada, Mr BB to ask the Minister of Higher Education, Science and Technology

(a) What are the reasons that the University of Fort Hare could not commence with lectures in 2020, (b) on what date will the lectures begin, (c) is there a catch-up plan with specific timelines to ensure the 2020 academic year is completed for all the courses and (d) what are the details of the plans to deal with delays in the commencement of the lectures in future?

Reply:

(a)    The University of Fort Hare (UFH) experienced a number of student protests at the start of 2020 academic year. Student protests, at times violent, centred on financial and academic exclusions and disrupted the teaching and learning programme from the beginning of the year. The impact of the protests were uneven as in some modules no teaching took place before the national lockdown, while in other modules two weeks of lectures or more were completed.

(b)    UFH, as with all universities, is implementing remote multi-modal teaching and learning during the lockdown period. Teaching and learning has continued to various degrees across the University, and UFH data shows that overwhelmingly students (95%) are accessing the online learning management system, i.e. Blackboard. However, there has been a moratorium on assessment to accommodate unevenness in access. In order to accommodate all students, the proposed revised calendar formally indicates semester 1 as running from 01 September 2020 to 08 December 2020.

(c)    The University has a catch-up plan. A revised calendar will serve before the University Senate on 27 August 2020. At the same meeting, Senate will consider for adoption, a set of new continuous assessment models for many of the 2020 first semester modules. This will reduce the examination period. If adopted, semester 1 will run from 01 September 2020 to 08 December 2020 and Semester 2 from 09 December 2020 to 30 March 2021.  This will ensure that the 2020 academic year is completed for all modules. The University has ordered laptops on a loan-to-own scheme for all students who selected this option, and the first batch is currently being delivered. The University has also provided data to all students. The first cohort of students have returned to the campus (28% of the student body by 06 August 2020), and the University will stagger the return of students who form part of the second cohort. The permits for the first group of the second cohort will be issued in the last week of August 2020.

(d)    The University of Fort Hare has been grappling with a culture of instability at both its Alice and East London campuses. The financial and academic exclusions implemented were critical to ensure the financial sustainability and academic integrity of the University. Ongoing engagement and dialogue with the Student Representative Council, clear communication with the University community, and strong action against any student or staff member who are in breach of the University code of conduct are the most appropriate mechanisms in place to shift this repertoire of disruption, which is deeply harmful to students, staff and the University community at large.

31 August 2020 - NW1956

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Mashabela, Ms N to ask the Minister of Basic Education to ask the Minister of Basic Education

What are the reasons that (a) A Obilana has not been reinstated by her department as an educator at Allendale Secondary School despite the decision by the Emalahleni Education Labour Relations Council that he must be reinstated and (b) the principal of Allendale Secondary School was allowed by her department to victimise a teacher who reported sexual relationships between teachers and learners?

Reply:

(a) This is an employer-employee relations issue of which the processes are regulated by the Labour Relations Act, 66 of 1995 as amended. Interms of section 3(1)(b) of the Employment of Educators Act, 76 of 1998, the Head of the Provincial Education Department is the employer of all educators employed at the provincial level and therefore, the responsibility to appoint, transfer, terminate, re-employ and re-instate educators at the provincial level lies with the employer. It is also the responsibility of the employer to implement rulings wherein cases were ruled against his/her Department.

Besides, the response received from the Mpumalanga Education Department on this case states that the Department/employer has demonstrated its willingness to comply with the award but Mr Obilana refused to comply and cooperate. An alternative post was identified for him to occupy effectively from 1 October 2018 and was within the same circuit a few kilometres from the school where he used to teach prior his dismissal, but he failed to report for duty.

The details are as follows: 

The Department did not immediately comply with the award because at the time the award was received, the position which Mr Obilana occupied prior to his dismissal was already filled. Mr Obilana was however informed through his union on 28 September 2018 that the Department had established a vacant substantive found where he would be placed effectively from 1 October 2018. He was then directed to report at the Emalahleni Circuit where the Circuit Manager would take him to the institution he would be serving at. A response was received from his union indicating that he was sick, and insisted that the Department place him in accordance with the award. Mr Obilana never reported for duty but instead proceeded to take steps to enforce the award by filling an application for the certification of the award with the CCMA.

The award was certified in terms of section 143 of the Labour Relations Act. The CCMA issued a document entitled “Enforcement of the Award” [the CCMA writ] instructing the sheriff to attach and execute the movable goods of the employer to the value of R171 952.40 with interest. The sheriff served the document and attached a vehicle belonging to the employer on several occasions and this culminated in the employer filing an urgent application with the Labour Court, which was heard on 27 August 2019 wherein the enforcement award was declared invalid and set aside.

(b) Any complaint that affects the employment relationship should be dealt with in accordance with the grievance procedures outlined in Chapter G of the revised Personnel Administrative Measures (PAM).  

31 August 2020 - NW1964

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Chirwa, Ms NN to ask the Minister of Health

With reference to the open letter written to him by a nurse at SS Gida Hospital in Keiskammahoek in the Eastern Cape in June 2020 (details furnished), detailing the level of neglect at that hospital, which included a lack of personal protective equipment (PPEs) and in-hospital infection of patients by Covid-19, what (a) steps has he taken to ensure that the hospital is provided with sufficient PPEs and (b) has he done to hold those responsible for the neglect at SS Gida Hospital to account?

Reply:

a) According to hospital management, SS Gida Hospital has not had a stock-out of PPEs. This is supported by site visits conducted by NEHAWU on 29th of April 2020, provincial office team on 06 May 2020 and district management on 20 June 2020. SS Gida was allocated appropriate volumes of PPEs by the Port Elizabeth depot. However, the shortage at the facility occurred as a result of inappropriate use of PPEs, for example health care workers preferred to use N95 masks even in settings where surgical mask would suffice.

b) National Guidelines on Infection Prevention and Control have been developed which includes the use of PPEs. Training on these guidelines will be provided to staff with the expected outcome including the rational use of PPEs.

c) Once training is provided and all staff are appropriately knowledgeable on the rational use of PPEs, consequence management interventions will be implemented.

END.

31 August 2020 - NW1938

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Wilson, Ms ER to ask the Minister of Health

Whether any engagements were held between his department and other departments before 5G towers were introduced and approved in the Republic; if not, why not; if so, what are the relevant details?

Reply:

No. The Department of Communications and Digital Technologies (DCDT) responsible for government telecommunications in the country has not yet published a 5G deployment policy at this stage.

According to the policy direction on High Demand Spectrum that was gazetted by the Minister of Communications and Digital Technologies in July 2019, the roadmap for 5G deployment in South Africa will be developed after a study has been conducted by the Independent Communications Authority of South Africa (ICASA),on the spectrum requirements of 5G.

It must be acknowledged that the candidate 5G technologies are currently being evaluated by the International Telecommunication Union (ITU). Detailed specifications of 5G technologies, officially known as the International Mobile Telecommunications-2020 (IMT-2020 Standards) are envisaged to be finalised within a year.

According to the World Health Organisation (WHO), there are no adverse health effects associated with 5G networks and the exposure to wireless technologies. The International Commission on Non‐Ionizing Radiation Protection 2020 Guidelines also declared 5G as safe.

We must also point out that some operators in South Africa already have licences for spectrum that can be used for 5G (e.g. RAIN). All existing 5G trials in South Africa have used existing spectrum bands allocated and used for 4G, under similar power restrictions.For the full deployment of 5G, ICASAwill have to allocate more radio frequency spectrum for use by 5G networks. This process is being given high priority by government, and was expedited when network operators were issued with temporary spectrum “in an effort to deal with COVID-19 telecommunications challenges”. In the meantime, most 5G networks use existing spectrum allocations.

The Minister of Communications and Digital Technologies published “Proposed Policy and Policy Direction on Rapid Deployment of Electronic Communications Networks and Facilities” dated 22 July 2020,available online athttps://www.gov.za/documents/electronic-communications-act-proposed-policy-and-policy-direction-rapid-deployment. The purpose of the Draft Policy is to provide clarity on the deployment of electronic communications networks and facilities.

The Draft Policy states that an Electronic Communications Network Service (ECNS) licensee has the right to select, access and use public and private land to deploy communications networks and facilities - subject to laws that regulate the manner in which a licensee should exercise its powers.The Draft Policy acknowledges the emergence of 5G networks and the demand that these new technologies will have on electronic communications networks. DCDT has indicated that many objections were received on this Draft Policy due to public concerns raised regarding possible effects on property value, infringement on property owners’ rights and health risks associated with 5G networks.

END.

31 August 2020 - NW1939

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Wilson, Ms ER to ask the Minister of Health

Whether his department has held any public meetings to engage and/or educate South Africans on the potential health effects the 5G carries; if not, why not; if so, what are the relevant details?

Reply:

No. Public meetings by government to engage and educate South Africans on the potential effects of 5G will be informed by the 5G Deployment Policy which is envisaged to be released sometime next year by the Department of Communications and Digital Technologies.

END.