Questions and Replies
12 October 2022 - NW3354
Mhlongo, Mr TW to ask the Minister of Sport, Arts and Culture
With reference to his replies to questions 1988 0n 15 June 2022 and 1989 0n 15 June 2022 in the context of his constitutional obligations to account and to provide reports concerning matters under his control, what are the reasons that he, as the executive authority, does not directly furnish Mr TW Mhlongo with the information, instead of referring to third party submissions only?
Reply:
In terms of Section 13 (5) (b) (ii) of the National Sport and Recreation Act, the Minister is debarred from involvement in matters of administration in sport. The Section states that “The Minister may not interfere in matters relate to administration of sport and appointment of or termination of the service of the Executive Members of the sport or recreation body.
In addition, the Federations are Non-Governmental Organizations and as such are independent of Government. The matters referred to are administrative and are Human Resources related and as such are dealt with in terms of policies governing employer and employee relationships.
Minister urges the Hon. Member to familiarise himself with the policies and legislation referred to above.
12 October 2022 - NW3317
Joseph, Mr D to ask the Minister of Sport, Arts and Culture:
(1). what (a) number of anti-doping tests were carried out by the SA institute for drug-free sports (SAIDS) during 2022 rugby craven week held at Rondebosch in cape town and (b) were the results. (2). what number of players in each region participated in the 2022 Rugby Craven week (3). whether any players were tested by SAIDS in the qualifying and / or preparation games prior to the rugby craven week; if not, why not; if so, what are the relevant details?
Reply:
The South African Institute for Drug – Free Sport (SAIDS) in their response indicated that (a) 995 of the players participating in the 2022 Craven Week were tested in both out-of-competition and in-competition tests (b) No players tested positive for banned substance during the 2022 Rugby Craven week.
(2). The South Africa Rugby Union (SARU) in their response indicated that a total of 2843 players participated in the 2022 Craven Week. Of the total number 2153 players participated in the Boys Youth weeks and 690 participated in the Girls Youth Weeks.
(3). Yes, players were tested, and no one tested positive for a banned substance.
12 October 2022 - NW2933
Gondwe, Dr M to ask the Minister of Public Service and Administration
(1)With reference to the reply to question 1102 on 17 May 2022, on what dates were each of the Chief Directors, currently earning a salary at level 15, appointed at the specified salary level at the (a) national and (b) provincial level; (2) what are the reasons that the Chief Directors in the (a) Kwa-Zulu Natal Department of Health and (b) Gauteng Department of Sport, Arts, Culture and Recreation are earning a salary at level 16; (3) what are the reasons that heads of department in some provincial departments are earning a salary at level 15 and in other provinces they are earning a salary at level 16; (4) What are the reasons that the project manager in the Department of Education is earning a salary at level 16?
Reply:
1. The dates on which each of the Chief Directors, currently earning a salary at salary level 15, were appointed on this salary level at the (a) national and (b) provincial level are indicated in the table below:
Dates on which each of the Chief Directors earning a salary at salary level 15 were appointed on that level |
||||
as on 28 February 2022 |
||||
Province |
Department |
Component |
Job title |
Event date |
Eastern Cape |
Education |
|
Chief Director: Financial Management Services |
2021-10-01 |
Free State |
Office of the Premier |
|
Chief Director |
2006-01-01 |
Gauteng |
Human Settlements |
|
Chief Director |
2013-12-01 |
Office of the Premier |
|
Chief Director |
2010-08-01 |
|
2014-04-01 |
||||
Provincial Treasury |
Infrastructure Financing Agency |
Chief Director |
2013-09-01 |
|
Chief Director: Project Finance |
2016-11-01 |
|||
Provincial Treasury |
Chief Director |
2000-11-01 |
||
KwaZulu-Natal |
Finance |
|
Chief Director: Municipal Finance |
2010-12-01 |
Public Works |
|
Chief Director: Corporate Services |
2003-05-01 |
|
Limpopo |
Economic Development, Environment and Tourism |
|
Chief Director: Commercial Operation |
2017-06-01 |
National |
Agriculture, Land Reform and Rural Development |
|
Chief Director: Monitoring & Evaluation |
2009-12-01 |
Chief Director: National Rural Youth Service Corps |
2010-12-01 |
|||
Chief Director: Policy Research |
2012-04-01 |
|||
Basic Education |
|
CD: Strategic Planning Research & Co-Ordination |
2011-10-01 |
|
Environment, Forestry and Fisheries |
|
Chief Director L14 |
2008-04-01 |
|
2012-01-01 |
||||
2012-04-01 |
||||
Government Communication and Information System |
|
Chief Director: Content And Writing |
2009-04-01 |
|
Chief Director: Entity Oversight |
2015-07-01 |
|||
Chief Director: Provincial And Local Liaison |
2013-03-01 |
|||
Health |
|
CD: CCOD & Occupational Health |
2014-12-19 |
|
Chief Director |
2010-04-01 |
|||
Mineral Resources and Energy |
|
Chief Director: Economic Growth & Global Relations |
2014-06-11 |
|
National Treasury |
Government Technical Advisory Centre |
Chief Director: Financial Management |
2008-12-01 |
|
Chief Director: Transaction Advisory Services |
2007-09-01 |
|||
National Treasury |
Chief Director: Legal Tax Design |
2014-05-01 |
||
Chief Director: Legislation |
2008-07-01 |
|||
Chief Director: Regulatory Impact Assessment |
2005-11-01 |
|||
Chief Director: Tax Specialist |
2009-01-26 |
|||
Chief Director: Technical Support Services |
2013-09-01 |
|||
Chief Director: Information Technology |
2012-02-01 |
|||
Chief Director: Legal Services |
2012-04-01 |
|||
Planning, Monitoring and Evaluation |
|
Chief Director: Education & Skills |
2010-08-01 |
|
Chief Director: Frontline Monitoring & Support |
2016-12-01 |
|||
Chief Director: Health |
2013-04-01 |
|||
Chief Director: Social Cohesion Protection & Gender |
2011-04-01 |
|||
Public Service and Administration |
|
Chief Director: Human Resource Development. |
2012-12-01 |
|
Statistics South Africa |
|
Chief Director: Price Statistics |
2012-05-01 |
|
Chief Director: Programme Office |
2002-05-01 |
|||
Trade, Industry and Competition |
|
Cd: Investment Promotion & Facilitation |
2015-04-01 |
|
Chief Director: Consumer And Corporate Regulation |
2014-05-01 |
|||
Western Cape |
Transport and Public Works |
|
Chief Director |
2001-02-01 |
Data source: PERSAL |
2. The reason why the KwaZulu Natal Department of Health is paying the Chief Director: IDMTS on salary level 16 is because an offer of employment was made to him, by the Development Bank of South Africa, on a salary package which fell within salary level 16 in the Public Service. In order to retain his services, a counter-offer was made by the department on the nearest higher salary package compared to the offer received.
The Chief Director in the Gauteng Department of Economic Development, paid on salary level 16, was appointed as the Chief Executive Officer (CEO) of the Cradle of Humankind World Heritage Site and Dinokeng Projects on 1 January 2022. This was done in accordance with the approved organisational and salary structure below:
3. The appointments of heads of departments on salary level 15 and others on salary level 16 is based on the service delivery model of the departments. Furthermore, the size of the departments is also taken into consideration, including client group, geographical distribution and the availability of funds within the Department. As a result, the upgrading of the Head of the Department leads to the upgrading of the lower level posts including the performer level and such leads to an increase in the compensation of employees (CoE), hence the discrepancies of salary levels.
4. This information resides with the Department of Basic Education and will be submitted to the Honourable Member as soon it is available.
End
12 October 2022 - NW3343
Mhlongo, Mr TW to ask the Minister of Sport, Arts and Culture
(1). With reference to the Theatre & Dance Policy Consultative Conference that was scheduled to take place on 2 and 3 September 2022, for which a certain person (name furnished) was awarded R993 000, (a) how was the amount awarded, (b) was there a public call for expressions of interest, (c) what are the terms of reference between the specified person and his department and (d) what are the budget line items. (2). what are the reasons that people and/or institutions who made submissions have been excluded from the conference when they have clearly demonstrated knowledge, expertise and an interest for engagement in the policy development process. (3). whether the conference has invited 20 delegates from each province; if not, what number was invited; if so, how (a) were the delegates selected and (b) do their skills and talent base reflect the nine focus areas of the conference?
Reply:
1. The amount awarded is based on the three quotations which were received. They were assessed and an appointment was made.
2. A Request for Quotations (RFQ) for a project within R 1 000 000, 00 Treasury Threshold was used.
3. Terms of References were detailed as indicated herein below:
This is a national policy which requires participation and input from DSAC, Task Team, Provincial Departments and theatre and dance sub sector organizations. The service provider will therefore be required to work closely with all indicated stake holders.
The service provider to use Treasury Remuneration rates (Category C Subcategory C2) to pay 18 Task Team Members attending National conference.
The service provider to submit a project close out report by September 30, 2022.
(d) This budget came from Goods and Services Budget item of the CCID Budget
2.According to the best knowledge of the Department no people and / organizations were deliberately excluded at the expense of the other hence a virtual link was created as an additional platform for everyone to participate in the conference.
1. The conference invited 10 Provincial Delegates per province.
a) These delegates were selected through a process that involved Theatre and Dance Task Team Members and Provincial Departments.
b) The guideline was to select active theatre and dance stakeholders who have insight and vision of how theatre and dance sector should be transformed to address the nine focus areas of the conference.
12 October 2022 - NW3342
Mhlongo, Mr TW to ask the Minister of Sport, Arts and Culture
(1). With reference to his department requesting information about the Theatre & Dance Policy Consultative Conference that was scheduled to take place on 2 and 3 September 2022, what amount was a certain person (name furnished) and/or his organisation and/or associates paid for their engagement to drive the policy conference. (2) whether his department issued an open and transparent call for bids regarding the tender; if not, how did his department elect the specified person’s organisation to drive the policy conference; if so, what are the relevant details?
Reply:
1. The total project amount awarded is R993 000, 00, and is inclusive of the policy conference amongst other deliverables as outlined in the response to Parliamentary question 3343.
2. The Departmental applied its internal SCM Procurement Process through Request for Quotations (RFQ) which is within an R1 000 000, 00 quotation threshold recommended by SA Treasury.
12 October 2022 - NW3319
Joseph, Mr D to ask the Minister of Sport, Arts and Culture
1(a). What percentage of the budget of the SA Institute for Drug-Free Sport was spent on education related to anti-doping in the 2021-22 financial year, (b) which sporting codes received the most attention, and (c) what type of educational programmes are used to prevent the use of prohibited substances. 2(a). from what age and/or stages in sporting codes do anti-doping start and (b) what is the motivation for such early intervention?
Reply:
1(a). The South African Institute for Drug–Free Sport (SAIDS) in their response indicated that (a) Due to COVID restrictions and the increased use of webinars, only 2% of the budget was spent on education in 2021/22 years. Generally, expenditure on education is in the region of 10% and expenditure has been further supplemented by a Lottery Grant over the past five years.
(b). Rugby received the most attention pertaining to anti-doping education.
(c). The intervention is in the form of webinars, workshops, and outreach at tournaments.
2(a). With the co-operations of schools and national sports federations, SAIDS has delivered anti-doping talks and outreach to as young as Grade 8 level.
(b). Some sports codes have young athletes that participate at an elevated level (provincial/national) at an early age. Sports such as swimming, gymnastics, and track & field receive anti-doping education services at an earlier age.
12 October 2022 - NW2927
Cebekhulu, Inkosi RN to ask the Minister of Trade, Industry and Competition
With reference to the European Union’s claims that the Republic’s temporary ban on the export of scrap metal is not aligned to the trade deals of the World Trade Organisation (WTO), what further steps has his department and/or the Government taken to (a) illustrate that ban of scrap metal is in line with the position of other states that have banned the sales of scrap metal and (b) ensure that it is not in contravention of WTO agreements in this regard?
Reply:
South Africa’s infrastructure is being stripped at an unprecedented rate with a substantially negative impact on government, citizens and the economy. The objective of the proposed measures (which include prohibition on scrap metal) is likely to lead to a material reduction in the theft of metal from the country's infrastructure. The details setting out the rationale for and proposed modalities of such restriction, were published in the Government Gazette for public comment.
Over the past decade research has pointed to 26 developing and developed countries (the latter including the European Union) who have imposed different forms of restrictions on the export of scrap metal for a variety of reasons, including environmental reasons or to ensure domestic supply. Some countries have imposed export restrictions on scrap metal to curb criminality and the destruction of infrastructure.
Government has consulted with external lawyers regarding the legality of the proposed measures and believe them to be compliant with international trade obligations.
-END-
12 October 2022 - NW3384
Marais, Ms P to ask the Minister of Sport Arts and Culture
What are the reasons that the (a) Mangaung African and Cultural Festival is held in Mangaung every year despite the Department making a loss and (b) same company from Johannesburg is awarded the rights to host and prepare the whole C Square, thereby overlooking local companies?
Reply:
(a). The Mangaung African and Cultural Festival is owned by the Free State Department of Sport, Arts, Culture, and Recreation. The Provincial Department will be in a better place to provide clarity on the rationale for hosting the event in Manguang without considering any other region in the Free State Province.
NATIONAL ASSEMBLY
Recommended with amendments.
QUESTION NO. 3431-2022
WRITTEN REPLY
DATE OF PUBLICATION IN THE INTERNAL QUESTION PAPER: 30 SEPTEMBER 2022: INTERNAL QUESTION PAPER NO. 37 – 2022
“Mr. B S Madlingozi (EFF) to ask the Minister of Sport, Arts and Culture
1. Having heard how the creativity of Solomon Linda was abused by white persons both locally and abroad, what measures have been taken to assist poor, vulnerable and uneducated artists, so that they are not exposed to the same exploitation and slavery by unscrupulous producers and record company executives? NW4233E
REPLY
We have vigorously supported the initiative by the Department of Trade, Industry and Competition in the development of the Copyright Amendment Bill and Performers Protection Bill, which have since been by the National Assembly and has sent them to the National Council of Provinces (NCOP) for concurrence. The main aim of the two bills is to protect the interest of the creative workers.
NATIONAL ASSEMBLY
Recommended.
QUESTION NO. 3446-2022
WRITTEN REPLY
DATE OF PUBLICATION IN THE INTERNAL QUESTION PAPER: 30 SEPTEMBER 2022: INTERNAL QUESTION PAPER NO. 37 - 2022
Mr K Ceza (EFF) to ask the Minister of Sport, Arts and Culture
(a) By what date will provisions be made for local platforms such as radio, television and museums through which artists will be able to express their craft within their communities and improve tourism and
(b) how will his department discourage artists from migrating to Johannesburg in order to build their profile? NW4251E
REPLY
(a). In as far as the craft sector is concerned the Department is looking to set up a permanent national exhibition, the Beautiful Things Exhibition (BTE), alongside an outlet for transactions, in City of Tshwane to provide craft practitioners from all parts of the country with an opportunity to showcase and derive economic benefit from their products by February of 2023. The last edition of BTE was at the Graskop Gorge in March of 2022, and now the Department intends to set this up as a permanent exhibition to provide a national platform for crafters.
In as far as performing arts are concerned the Department is engaged in consultative discussion with previously marginalized Provinces: (i) Northern Cape – Northern Cape Theatre was refurbished by DSAC and launched on 15 December 2021, (ii) Limpopo - Limpopo Theatre site has been identified, design approved and the Mpumalanga Theatre Feasibility Study Report has been submitted, (iv) Eastern Cape - Mandela Bay Theatre Complex was launched in May 2021 to establish creative spaces (provincial theatres). The intention is to retain talents within local spaces in these Provinces through the provision of theatres for development and promotion of local talents.
(b). The intention is to provide an opportunity for participation to craft producers without them seeing the need to migrate to the cities to build their profile. Furthermore, the Department, working with the Department of Small Business Development and other strategic partners collaborate better to support targeted market access platforms.
NATIONAL ASSEMBLY
Recommended with amendments.
QUESTION NO. 3494-2022
WRITTEN REPLY
INTERNAL QUESTION PAPER NUMBER 37 OF 2022 DATED 30 SEPTEMBER 2022
“Mr. D Joseph (DA) to ask the Minister of Sport, Arts and Culture;
(1). what is the status of (b) structures in each province; (2) what are the details of support programme offered by SA Rugby to the deaf sevens rugby team in view of their participation in the 2023 world cup in Cordoba, Argentina in 2023? NW4307E
REPLY
South African Rugby provided the following information in response to the question;
There are no deaf rugby clubs in South Africa, all deaf rugby players play for amateur clubs in their area of residence, which is understandably problematic. SADRA’s aim is to implement more programmes in future to enable player numbers to grow and to establish their own clubs.
The South African Deaf Rugby Association (SADRA) has a footprint in the following provinces:
- Eastern Cape
- Free State
- Gauteng
- KwaZulu-Natal
- Limpopo
- Mpumalanga
- Northwest
- Western Cape.
The relationship with SADRA is governed by a memorandum of agreement entered in 2018. SADRA has their own governance structures and is responsible to source its own money, sponsors, and partners. SADRA is responsible for their own development and building its footprint. SA Rugby assist SADRA on their request. The following is the support provided by SA Rugby to SADRA.
- Ensures access to BokSmart training programs and courses for all SADRA members. It was made accessible to deaf and hard-of-hearing people.
- Ensures SADRA participants have access to SA Rugby/World Rugby Coaching, Referee and Club administration courses.
- Supports SADRA events.
- SA Rugby provided SADRA with funds in 2022. This support will be repeated in 2023.
- SA Rugby has applied for funding to the Department for Sport, Arts and Culture (DSAC) for a grant in aid (Funding) on behalf of Deaf Rugby.
- SA Rugby is assisting SADRA with an application to the Lotto. Due to governance reasons at SADRA prior to the appointment of their new President, this is currently work in process.
- SA Rugby is committed to contributing certain items (kit) for the men and female teams for the 2023 World Cup Sevens in Cordoba, Argentina 2023.
- The participation of the female team is under consideration and subject to the availability of player resources that is currently being investigated by SADRA.
NATIONAL ASSEMBLY
Recommended.
QUESTION NO. 3595-2022
WRITTEN REPLY
INTERNAL QUESTION PAPER NUMBER 37 OF 2022 DATED 30 SEPTEMBER 2022
Mr. T W Mhlongo (DA) to ask the Minister of Sport Arts and Culture:
(1) whether his department intends to facilitate a soccer and/or football indaba of the SA Football Association (SAFA); if not, what is the position in this regard; if so, how far are the preparations.
(2)(a) on what date is it envisaged that the football indaba will be held, (b) what is the total budget for the indaba, (c) what are the challenges his department is experiencing with regard to the indaba and (d) what steps has he taken to put pressure on safa to ensure that the soccer indaba takes place;
(3) how far are the negotiations with SAFA regarding school sports? NW4350E
REPLY
1. Yes. The Department is working with SAFA to host a Football Indaba. The goal of the National Football Indaba is to objectively assess all facets of the South African football system, identify the challenges, problems, critical failures, and success factors and formulate a turnaround plan and/or approach to reposition and restore South African football as a premier sport in the country. The concept documents and draft programme for the indaba are in place, however, a suitable date is yet to be confirmed.
2(a). No date has been confirmed as yet, however, on 03 October 2022, the Department met with SAFA and resolved that the Indaba would take place in the 4th quarter of 2022/23, ideally in February 2023. SAFA committed to confirm a date by 14 October 2022.
(c). The budget for Indaba has not been determined. The budget is dependent on the final plans, operations, and logistical arrangements.
(d).The challenge has been in terms of coordinating the diaries of all the key stakeholders considering a range of factors such as the National, Continental and International Football Calendar. It is worth noting that 2022 concludes the full cycle of SAFA Vision 2022 which would form the basis of the review and Indaba Agenda. This was resolved at the last meeting held with SAFA.
(e). There has not been any reason or need identified to pressure SAFA.
3. SAFA is working closely with the Department in terms of the implementation of Schools Football, whereby football is part of the Winter National School Sport Championship. Subsequently, both parties with the Department of Basic Education manage the participation of the two winning schools in the continental championship. Additionally, SAFA and the Department jointly launched the FIFA ‘Football for Schools’ programme, which is to be officially rolled out in the fourth quarter of the current fiscal year. SAFA further provides technical support by offering the training of educators and school-linked volunteers in coaching and refereeing.
12 October 2022 - NW3318
Joseph, Mr D to ask the Minister of Sport, Arts and Culture
(1). (a). Which sporting code are the biggest challenge for the International Institute for Drug-Free Sport and (b) what is the similar sporting code record in the Republic? (2). whether the SA Institute for Drug-Free Sport intends to propose a world ranking list to the International Institute for Drug-Free Sport of countries with sporting codes that are guilty of contravention of anti-doping regulations; if not, what is the position in this regard; if so, what are the relevant details. (3). whether he has been informed of the ranking of the Republic on any international body for drug-free sport; if so, (a) what is the Republic’s ranking, and (b) on which institute’s list?
Reply:
There is no organization that we know as International Institute for Drug-Free Sport.
12 October 2022 - NW3332
Bergman, Mr D to ask the Minister of International Relations and Cooperation
Whether the Government has provided any financial support and /or loans to Zimbabwe in the past five financial years; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
a) In the past five (5) financial years, the Government of the Republic of South Africa has not provided any financial support and/ or loans to Zimbabwe.
b) However, following an appeal for assistance from the Zimbabwean Government, the South African Government, through the African Renaissance Fund (ARF), provided R50 million worth of humanitarian aid to Zimbabwe following the 2019 Cyclone Idai which destroyed infrastructure and left scores of people homeless and without food. The aid was in the form of 450 000 x 12,5 kg of maize meal procured from South Africa and delivered to Zimbabwe. This project was completed in February 2022.
11 October 2022 - NW3367
Yako, Ms Y to ask the Minister of Justice and Correctional Services
What (a) steps has he taken recently to resolve the backlog at the Masters Office to allow families of deceased persons to move on with their lives and (b) has he found are the reasons that persons in the Eastern Cape, from as far away as Mt Ayliff, must travel to the Masters Office in Mthatha to have their estates resolved?
Reply:
a) Since the advent of democracy the services of Master had to cover all South African citizens, but that happened only some eight years later with the Constitutional Court’s decision in the Bhe-matter, declaring Reg. 200 of the Black Administration Act unconstitutional and ordering that the Master should now deal with all deceased estates in the country.
The Master’s Office received a huge influx of work since then, but the office is properly capacitated. This is where the Masters’ struggle against backlogs started. Years of being understaffed, ever increasing workload, COVID, system and network challenges, to name but a few, as well as lack of sufficient budget, undermine efforts of the Masters offices to function optimally.
In spite of all of this, the clearing of the backlog is included in indicator 5.9 of the approved Annual Performance Plan 2022/23 for the Master’s Branch, as one of the turnaround strategies to be implemented.
During Quarter 1, the offices determined their backlog and created the baseline lists of matters outstanding. During Quarters 2 and 3, the offices will attend to these matters, by also making use of overtime, in order to reach the Masters indicated target of 100% of the determined backlog cleared by 31 December 2022.
It should however be noted that this target can only be achieved in an enabling and stable work environment and can thus be negatively impacted by the following risk factors:
(i) Stability and availability of the electricity supply to offices (loadshedding is delaying finalisation of matters even during scheduled overtime periods);
(ii) The Department stabilizing and improving the IT systems to enable officials to work seamlessly and without downtime and system errors (e.g. for more than a month now, the Department has been experiencing network and hardware related problems, in which is affecting performance and connectivity to the applications used by the Masters – to date this has not been resolved);
(iii) Stability in the availability of the workforce, mindful of the fact that the wage negotiations have not been finalized and Labour Unions may still call on officials to down tools;
(iv) Finding the critical posts once a scientific determination of appropriate capacity for Masters. Some offices are critically understaffed and do not have the luxury of having time on hand to attend to extra work, whilst also adequately assisting the public, queues and correspondence on a daily basis;
(v) Successful and speedy procurement of new printers as well as multi-functional scanners to ensure better operations.
b) The Eastern Cape has four (4) Master’s Offices, namely Mthatha, Grahamstown, Bisho and Gqeberha.
Furthermore, the Paperless Estates Administration System (PEAS), which computerises the administration process related to deceased estates, has successfully been rolled out and is being used by 290 service points (Magistrate Courts) country wide, of which 27 (including Mt Ayliff) falls within the Mthatha Master’s Office jurisdiction, 11 in Grahamstown’s jurisdiction and 8 in Port Elizabeth’s jurisdiction, (please indicate number of Service Points for Bisho as well).
All Magistrate’s Offices are Service Points of the Master, but the rolling out PEAS to Service Points enables those Service Points to do estate of a higher value, as they are linked with the relevant Masters’ offices, who then are able to oversee the appointment process in those Service Points, and thus ensuring that the whole country receives the same service and are able to access the same quality of services provided directly at Master’s Offices, without the need to travel long distances to the 15 Master’s Offices countrywide. This is to bring services to the people and underscore the drive for access to justice.
The following estates may be reported at Service Points (Magistrate Courts):
- If the value of the assets is, or appears to be, below R125 000, and the deceased did not leave a will, it can be reported at any Magistrate’s Court in the region where the deceased resided prior to death;
- If the value of the assets is, or appears to be, below R250 000, and the deceased did not leave a will, it can be reported at any Magistrate’s Court in the region where the deceased resided prior to death, where the Paperless Estates Administration System (PEAS) has been rolled out.
All other estates need to be reported at the Master though, but it should be noted
that the reported documents can also be posted or couriered to the Master – the
family need not be physically present at a Masters to report an estate.
Future plan involves the online systems which will cause people with requisite knowledge to report estate from their knowledge to report estate from their homes or offices. Reducing footprint of walk-ins in the Masters offices.
END
11 October 2022 - NW2842
Msimang, Prof CT to ask the Minister of Justice and Correctional Services
Whether, with reference to the protection of whistleblowers in terms of the Protected Disclosures Act, Act 26 of 2000, his department has considered including other commercial relationships such as procurement corruption; if not, why not; if so, what are the relevant details; (2) Whether his department will consider (a) a less restrictive witness protection system to offer protection and/or security for more whistleblowers and (b) the formation of a centralised and dedicated whistleblower institution; if not, why not in each case; if so, what are the relevant details in each case?
Reply:
1. The Protected Disclosures Act, 2000 (Act No. 26 of 2000), as amended with effect from 2 August 2017, does not provide for offence-specific disclosures. The term “disclosure” is defined as any disclosure of information regarding any conduct of an employer or of an employee or of a worker of that employer, made by any employee or worker who has reason to believe that the information concerned shows or tends to show one or more of, amongst others, the following:
a) That a criminal offence has been committed, is being committed or is likely to be committed;
b) That a person has failed, is failing or is likely to fail to comply with any legal obligation to which that person is subject; and
c) That a miscarriage of justice has occurred, is occurring or is likely to occur.
The Act governs disclosures in all employer/employee relationships. The Act was amended in 2017 to extend the ambit of the Act beyond the ordinary employee/employer relationship by the introduction of two (2) new definitions, namely: that of “worker” and “temporary employment service”.
The amendment of the definition of “employee” was intended to clarify that persons who have worked for another person (for example: former employees) or assisted in carrying on the business of an employer are also included within the meaning of the definition.
The ambit of the Act was also extended to include persons who are employed by temporary employment services. The introduction of the definition of “worker” was based on two (2) reasons. Firstly, independent contractors are not considered as employees in terms of labour legislation and are expressly excluded from the reach of the remedies contained in the labour legislation. Secondly, by defining the term “worker” separately the protection offered by the Act has now been extended to independent contractors, agents and consultants.
The Protected Disclosures Amendment Act, 2017 (Act No. 5 of 2017), also amended the definition of “occupational detriment” to introduce two (2) additional forms of occupational detriment that an employee may be subjected to as a result of having made a protected disclosure, namely:
(i) reprisals such as defamation suits and suits based on the alleged breach of a confidentiality agreement or duty; and
(ii) to include a specific form of detriment typically experienced by contract workers, namely: the loss of a contract or the failure to be awarded a contract.
These amendments, among others, sought to provide protection to whistleblowers in any type of disclosure, not only procurement related, and intends to include the broadest possible protection when disclosures are made by not limiting it to specific actions. There is therefore no need to amend the Act to include procurement related matters as these matters may be disclosed in the context provided in the Act.
2. Research and a benchmarking exercise is being conducted by the Department into the current legal framework relating to witness protection. Proposals to include all whistleblowers within the ambit of the Witness Protection Act, 1998 (Act No. 112 of 2018), and not just witnesses, are being considered. There is currently an entity established in terms of this Act known as the Office for Witness Protection. We are considering the cost implications and an appropriate funding model for the expansion of the current framework.
END
11 October 2022 - NW3080
Nolutshungu, Ms N to ask the Minister of Social Development
What (a) is the total number of drug rehabilitation centres in the Republic, (b) number of (i) the specified centres offer services for free and (ii) patients does each centre accommodate?
Reply:
a) In terms of the current database the total number of drug rehabilitation centres in the country is 297. It is very important to indicate that the database of registered drug rehabilitation centres is updated on an ongoing basis. The update is based on the number of registered centres in terms of the Prevention of and Treatment for Substance Abuse Act, No.70 of 2008.
b) (i)The number of treatment and rehabilitation centres that offer services for free is 169.
(ii)The number of patients each centre accommodate depends on the centre’s bed capacity (see annexure A).
11 October 2022 - NW3088
Herron, Mr BN to ask the Minister of Justice and Correctional Services
Whether, with the President’s Fund having been established as a fund for economic restitution for individuals severely affected by Apartheid, with guidelines set out by the Truth and Reconciliation Commission (TRC), he has found that there is a large number of South Africans who were excluded from the TRC restitution and who still suffer from the effects of Apartheid; if not, what is the position in this regard; if so, what amount of the President’s Fund has been used in providing economic restitution to the victims who were excluded?
Reply:
The guidelines set by the Truth and Reconciliation Commission (TRC) on page 86 of volume 1 of the TRC of South Africa Report states the following:
a) The TRC Report stated that it adopted a closed-list approach in order not to impose a huge burden on government in that “there would be no value in simply handing the government a list which included a broad category of unidentified persons for consideration as victims deserving of reparations”.
b) The TRC Report further stated that the “Commission had made considerable efforts to reach all parts of the country and to disseminate information on how to make a statement. Those who had chosen not to do so should not, therefore, be included”.
c) The TRC did recognise that “some had elected not to make statements as a matter of political choice”.
d) nThe TRC indicated that “it would have been unrealistic to give the government what would in effect, have been an open-ended list and, on this basis, to expect the state to make a commitment to paying reparations”
The TRC resolved to confine the number of victims eligible for reparations to three (3) areas:
a) Victims who personally made statements to the Commission.
b) Victims named in a statement made by a relative or other interested person for example a colleague, friend or neighbour. These are statements made on behalf of and in the interests of specific persons.
c) Victims identified through the amnesty process.
What is the position in this regard to a large number of South Africans who were excluded from the TRC restitution and who still suffer from the effects of Apartheid?
In terms of current legislation, the President’s Fund effectively makes reparation payments only to victims who made statements to the TRC before 15 December 1997, and who are declared as TRC identified victims of gross human rights violations.
What amount of the President’s Fund has been used in providing economic restitution to the victims who were excluded?
There is no amount from the President’s Fund that has been used to provide reparations to victims who did not make statements to the TRC before 15 December 1997, and who are not declared TRC identified victims of gross human rights violations.
11 October 2022 - NW3473
Ngcobo, Mr SL to ask the Deputy President
In his capacity as the Chairperson of the Human Resources Development Council of South Africa, what has he found to be the (a) successes and (b) challenges in addressing the many issues that the Republic is faced with, in particular poverty and youth unemployment, since he took office?
Reply:
- The Ministry of Higher Education has advised us of the following successes in addressing Human Resource Development challenges which South Africa is faced with, relating to poverty and youth unemployment:
1.1 Regarding University Education
- Two new Universities have been established in the Northern Cape (Sol Plaatjie University) and Mpumalanga (University of Mpumalanga) to expand access to post school opportunities.
- Additional two Universities are in the process of being establishment (University of Science in Ekurhuleni and University of Crime Detection in Hammanskraal). Preliminary work on the location including the assessment of the demand and supply-side mapping for each University has been undertaken.
- Preliminary enrolment data for the 2021 academic year shows 1 047 758 students have been enrolled, 29 percent of enrolments during 2020 were in Science, Engineering and Technology.
- Eight (8) of the ten (10) accredited Universities to offer TVET related programmes to improve the qualifications of teachers at TVET colleges have since commenced with offering TVET programmes.
1.2 Regarding Technical and Vocational Education and Training (TVET)
- Through the recommendations of the Human Resource Development Council (HRDC), measures were put in place to reposition TVET as an important skills development sector to incrementally produce the required numbers of artisans.
- According to the Department of Higher Education, TVET sector has expanded, and enrolments amongst the youth has been recorded as follows:
- Student enrolments in TVET colleges have reached 452 277 in 2020 and targeted to increase;
- Eight (8) of the 13 new TVET college campuses have reached 100% completion (Msinga, Umzimkhulu, Nongoma, Aliwal North, Ngqungqushe, Graaf Reinet, Thabazimbi & Nkandla A). The remaining sites are 68-99% complete;
- Thirty four (34) Centres of Specialisation have been established at TVET colleges focusing on 13 critical trades required for the economy;
- 6 779 TVET graduates have been placed with industry and across government departments;
- Seventeen (17) Entrepreneurial hubs have been established in 17 public TVET Colleges across the country;
- Three (3) Water and Climate Smart Agriculture Greenhouses have been established in TVET Colleges.
1.3 Regarding Community Education and Training Colleges (CET)
- According to the Ministry of Higher Education, the Community Education and Training institutional landscape has been reconfigured and rationalised from 3 279 community learning centres to 1791 learning sites (200 Community learning centres and 1691 satellite centres) in the interest of quality, access and available budget.
- Nine (9) CET colleges have since been established and are functional.
- All nine (9) Colleges have functional councils appointed in terms of the Continuing Education and Training Act, Act No 16 of 2006. Their term of office will end in October 2025.
- Programme offering at CET colleges has been improved to include entrepreneurship and Digital programmes. A register of programmes approved by the Director-General is issued on an annual basis.
- The Department of Higher Education hosted the first ever CET summit in March 2022 to position the CET sector to move into mass skills provision. R200 million has been made available through the National Skills Fund to assist colleges in this regard.
1.4 Interventions by the National Skills Fund (NSF)
- According to the Ministry of Higher Education, the National Skills Fund has since 2018, disbursed a total of R7.97 billion to a variety of skills development programmes benefiting 407 495 individuals. Targeted areas included the following categories:
- Agricultural and rural skills development;
- Information technology;
- Promotion of small, medium and micro enterprises;
- Worker education;
- Capacity development in the PSET sector;
- Scholarships and bursaries (domestic and international);
- Research efforts;
- TVET infrastructure building;
- Funding NSFAS shortfall;
- People living with disabilities have also been funded by the NSF.
1.5 Artisan Development and Workplace Based Learning Opportunities
- One of the major successes of HRDC is the Artisan Development. Through the recommendations of the Council, measures were put in place to reposition TVET as an important skills development sector to incrementally produce the required numbers of artisans. This was made possible by mobilising government to make funding available to improve access.
- The HRDC established a Technical Task Team on Artisan Development which has assisted in ramping up the artisan development.
2. The following are key challenges in Human Resource Development as identified by the Ministry of Higher Education in addressing critical issues of poverty and youth unemployment:
2.1 One of the major challenges is the poor performance, and declining economy. This has had far reaching implications in opening up workplaces by the industry for workplace based learning opportunities. This has led to a decline in employment, especially among the youth. Government recognises the critical importance of capable human resources as a key driver of economic development. In an endeavour to mitigate the impact of the pandemic and the looming socio-economic ‘crisis’, government adopted an Economic Reconstruction and Recovery Plan with a view to address the challenge of the declining economy and youth unemployment, amongst others.
2.2 The outbreak of the Coronavirus pandemic has worsened an already vulnerable economy, and it’s devastating effect has further deepened the crisis, largely affecting youth, in both relative and absolute terms.
-------------END-------------
11 October 2022 - NW2832
Zondo, Mr S S to ask the Minister of Higher Education, Science and Innovation
(1)Considering that the current unemployment rate is 34,5% and that most of the recently listed critical skills emanate from the fields of Science, Technology, Engineering and Mathematics (STEM), how will his department encourage the uptake of occupations in the specified fields; (2) (a)(i) what initiatives are in place to raise awareness around the employment opportunities in the STEM field and (ii) how will the initiatives be mainstreamed to all structures of higher education and (b) how will the budget of his department be adjusted to offer funding opportunities for studies geared at the STEM occupations?
Reply:
1. The month of August is dubbed TVET Month on the calendar of my department. During this month, all the 50 public TVET colleges embark on various activities, including but not limited to, having direct engagements with the youth and especially employers/industry with the aim of profiling TVET colleges and their programme offerings. The programme exposes and encourages young people to consider careers with artisanal, vocational and technical skills. The main target audience for the TVET College Month are Grade 9 to12 learners, out of school and unemployed youth, College students and industry. Furthermore, my department has open week awareness campaign and artisan week campaign both to encourage learners and particularly female learners and students to enrol for STEM careers.
2. (a)(i) Since 2018, my department has embarked on a plan to review and update programmes and qualifications offered at TVET Colleges in order to align them with the needs of the rapidly changing economy and society. In this regard, at least 60 subjects of the Report 191 programme since 2018 has been revised and updated. Furthermore, my Department offer bursaries such as NSFAS, NSF, SETAs, NRF and international scholarship to encourage learners and students to follow STEM. (ii) In 2013, my Department launched the Decade of Artisan campaign to promote artisanship as a career of choice for South Africa’s youth. The campaign was launched under the theme “It’s cool to be a 21st Century Artisan”. The importance of this programme is to ensure that we develop the required artisans to successfully implement our country’s strategic infrastructure projects, which included the building of roads, schools, universities, harbours, power stations and economic infrastructure. Public colleges and universities are working hard to establish partnerships with key role-players such as the industry and the Sector Education and Training Authorities (SETAs) for workplace opportunities.
(b) Mr Zondo, there are already STEM subjects offered in TVET colleges (i.e.science, technology, engineering and mathematics) across a number of programmes.
We already fund the Pre-Vocational Learning Programmes (PLP) which is to strengthen students who wish to pursue the STEM stream. A further significant step towards funding STEM initiatives is to provide laptops to lecturers and students. This is something that we must seriously pursue for IT and engineering students.
11 October 2022 - NW2947
Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development
(1) What are the (a) relevant details and (b) dates of the roll-out of the implementation plan of the Agriculture and Agro-Processing Master Plan (AAMP); (2) Whether she has found that the provinces are ready for the roll-out of the implementation plan; if not, what is the position in this regard; if so, (a) how is the reprioritisation of budget intended to work to ensure that there is a complete alignment and (b) from which budget line item will the reprioritised funds be sourced to implement the AAMP?
Reply:
(1) The Agriculture and Agro-Processing Master Plan (AAMP) was signed off on 12 May 2022, subject to an agreement among social partners, that all “unfinished business”, including details of the monitoring and implementation plan of the AAMP, be captured in Track 2 of the AAMP:
(a) The Department of Agriculture, Land Reform and Rural Development (DALRRD) has to date communicated and agreed to an approach towards the finalisation of Track 2 and await social partners’ responses for suitable dates to kick start the process. Social partners requested time to formulate a collective response to identified issues. DALRRD aims to finalise Track 2 for Cabinet approval by November 2022 subject to, and dependent on social partners reaching final agreement by end October.
(b) The roll-out of the AAMP will follow the sign off of Track 2, scheduled for November 2022. In preparation, the DALRRD is currently in the process of finalising the operational plan of all government related AAMP commitments. The operational plan of government commitments will be finalised for Cabinet approval, along with Track 2.
2) Yes. DALRRD is in the process of consulting on a new integrated approach to programme and project approvals and has found that provinces are not only capable, but eager to usher in the AAMP approach of aligning projects to identified AAMP related value chains.
(a) Unfunded AAMP commitments will be prioritised through DALRRD’s MTEF process, and unspent funds will be channelled towards AAMP priorities.
(b) The AAMP will not be funded by one specific line function but through the existing budgets of all line functions.
11 October 2022 - NW2958
Engelbrecht, Mr J to ask the Minister of Justice and Correctional Services
Whether there is currently a dedicated legislative drafting unit within his department; if not, why not; if so, what (a) is the current staff complement and (b) are the qualifications of each of the members who constitute the legislative drafting unit; (2) Whether there are any plans in place to augment and/or increase the capacity of the legislative drafting unit within his department; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
1. Yes. The department does have a Unit that is responsible for the function of drafting legislation as part of the overall responsibilities within the Chief Directorate: Legal Services.
(1)(a) The current staff complement constitutes of two posts of Director: Litigation and Senior Legal Administration Officer (MR6).
(1)(b) Qualifications of each member is as follows respectively:
- Director: Litigation - B. Proc (Law) and National Senior Certificate;
- Senior Legal Administration Officer: B- Tech Correctional Services Management, Bachelor of Law and National Senior Certificate.
2. The Department is in the process of capacitating the Unit responsible for the drafting/review of the departmental legislation through creation of a contract post(s) within the scope of Occupation Specific Dispensation for Legal Officers as applied in the Public Service.
It should also be noted that the Director Litigation reports directly to the member Senior Manager Service (Deputy Commissioner on salary level 14) responsible for the entire function of legal service in the Department.
The post establishment of the Chief Directorate Legal Services is a total of 24 posts, of this number 14 are filled and 10 are vacant.
11 October 2022 - NW3377
Matiase, Mr NS to ask the Minister of Agriculture, Land Reform and Rural Development
Whether she has found that the proposal of agri-villages as a solution to the problem of evictions is an indication of the failure of the Government to secure tenure rights for farm dwellers; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
No. The Agri-village model is a programme that provides farm dwellers with an opportunity to have security of tenure, access to basic services, and sustainable livelihoods. The programme is not meant to address evictions. The Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997) (ESTA) protects the rights of farm dwellers against unlawful evictions, and the Department of Agriculture Land Reform and Rural Development working with Legal Aid SA provides legal representation to farm dwellers to defend them against such unlawful evictions.
11 October 2022 - NW3038
Yako, Ms Y to ask the Minister of Justice and Correctional Services
Whether, in respect of the Insolvency Act, Act 24 of 1936, which refers to a threshold of £50 to sequestrate any debtor, his department has any plans to introduce amending legislation to the specified Act to (a) raise the specified threshold and (b) provide for debts such as student loans, home loans and food to be excluded from the harsh reality of the consequences of sequestration?
Reply:
The Insolvency Act, 1936 (Act No. 24 of 1936) (“the Act”) is part of apartheid era legislation which the Department is currently reviewing with the aim of aligning the legislation with the Constitution of the Republic of South Africa, 1996 , and modernising the legislation.
One of the objectives of the draft Bill is to create a legislative framework that is based on the balancing of the conflicting interests of the stakeholders in insolvency proceedings, as opposed to the current legal framework that places emphasis on the best interest of the creditors.
The Department is currently processing a draft Insolvency Bill (the draft Bill”). The issue raised is provided for in section 9(1) of the Act. According to this section a creditor who has a liquidated claim for not less than fifty pounds against a debtor who has committed an act of insolvency, or who is insolvent, may petition the court for the sequestration of the estate of that debtor. Clause 2 of the draft Bill deals with this aspect of the question.
With the assistance of the Reserve Bank, the value of the 50 pounds was calculated at around R22 500 (and 100 pounds is estimated at R45 000) during the last quarter of 2019 (when the clause was crafted).
With regard to the second part of the question, clause 116 of the draft Bill intends to introduce pre-liquidation composition, which allows a debtor with debts not exceeding R300 000, irrespective of their source, to offer a composition to creditors, before the commencement of liquidation proceedings.
Rule 46A of the Uniform Rules of Court requires that judicial discretion be exercised before the primary residence of a judgement debtor is attached with a view to selling it in execution. Rule 46A is not applicable to a debtor whose estate is in sequestration. The Department will, as the Bill is processed further, review the current status, that is, the absence of judicial oversight with regards to the execution of the residential property of a debtor who is in sequestration the light of the provisions of section 26 of the Constitution, which provides for the right to access adequate housing.
Whilst the draft Bill is being processed there are measures in legislation available to persons who are over indebted. Section 74 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944) provides for an administration order procedure, which has been described as a modified form of insolvency proceedings. The National Credit Act, 2005 (Act No. 34 of 2005) has introduced debt review as an alternative to sequestration. The Act makes provision for post liquidation composition, and if the offer of composition has been accepted by creditors the insolvent may apply for rehabilitation, which has the effect of putting an end to sequestration proceedings.
END
11 October 2022 - NW2952
Whitfield, Mr AG to ask the Minister of Justice and Correctional Services
Whether, with reference to his reply to question 1791 on 5 August 2022, and with regard to the status of each prosecution relating to the July 2021 uprising, what are the specific reasons and further relevant details, besides insufficient evidence, for withdrawing the charges against Mandla Mahlangu, Sibusiso Mavuso, Mbonani Clarance Tabane, Joe Bernington Mabaso and Montsamai Phineas Letsoalo, since the persons had already been arrested with cause during the uprising; (2) Whether (a) any evidence and/or docket was lost, destroyed and/or tampered with and/or (b) the chain of command was broken which led to the withdrawal of the charges; if not, what is the position in each case; if so, what are the relevant details in each case; (3) Whether he has found that any withdrawal of any of the cases was due to negligence on the part of the SA Police Service (a) in the handling of evidence and/or (b) the chain of command being broken; if not, what is the position in each case; if so, (i) in which cases and (ii) how in each case?
Reply:
1. Additional reasons for the withdrawal of cases infra:
a) Mandla Mahlangu
It was alleged that the suspect posted a video inciting violence. However, the person who took the video could not be traced. The matter was accordingly withdrawn by the Director of Public Prosecutions: Mpumalanga Division.
b) Sibusiso Mavuso
It was alleged that the suspect went to Westonaria Pick ‘n Pay and demanded that the manager close the store. He was not wearing a mask, contrary to the Disaster Management Act. It was further alleged that he posted a message on Facebook that allegedly incited violence.
The Director of Public Prosecutions: Gauteng Local Division cited the following reasons:
- The conduct at Pick ‘n Pay did not comply with the definition of the crime of intimidation. There was however a failure to wear a mask. The witnesses were consulted and contradicted each other materially on the failure to wear a mask.
- The Facebook post does not amount to any criminal offence at all. It is open to different interpretations and as such there is insufficient evidence with no reasonable prospects of success.
c) Mbonani Clarance Tabane
It was alleged that the suspect called for the blockading of roads and burning of tyres. The Director of Public Prosecutions: Gauteng Local Division reported that:
- The young witnesses and the informant refused to submit statements.
- No witness heard the accused instigate anyone.
- The matter did not relate to the July unrest but a service delivery protest.
- The matter was then withdrawn due to insufficient evidence.
d) Joe Bernington Mabaso
Allegedly charged for incitement based on information received from a whistle-blower. The Director of Public Prosecutions: Gauteng Local Division provisionally withdrew the matter pending a statement from the whistle-blower.
Investigations is still underway and guided by the NPA.
e) Montsamai Phineas Letsoalo
It was alleged that the suspect allegedly instigated looting. The matter was provisionally withdrawn by the Director of Public Prosecutions: Free State pending outstanding digital forensic investigations by the DPCI. The case docket has not yet been resubmitted to the prosecution for a decision.
2. In the Sibusiso Mavuso matter (as mentioned in 1(b) above), the detectives recently advised that the video footage of the suspect at Pick ‘n Pay had gone missing. They have been instructed to continue their search thereof.
3. There is no indication that any of the matters were withdrawn due to negligence on the part of the South African Police Service in the (a) handling of evidence and/or (b) the chain of command being broken.
END
11 October 2022 - NW2953
Whitfield, Mr AG to ask the Minister of Justice and Correctional Services
With reference to his reply to question 1791 on 5 August 2022, what were the specified reasons for the delay of the trial which led to the matter and the case against Mr Orifile Oratile Sedika being struck off the roll; (2) Whether he has found that the negligence of the SA Police Service in any form and/or part caused the delay in the investigation and/or the trial; if not, what is the position in this regard; if so, in what way in each case; (3) What were the specified reasons for the decision that was taken not to prosecute Zamaswazi Zinhile Majozi; (4) Whether he has found that (a) any evidence was destroyed, lost and/or tampered with and/or (b) the chain of command was broken which contributed to the decision not to prosecute being taken in Majozi’s case; if not, what is the position in this regard; if so, (a) how and (b) what are the relevant details; (5) Whether the decision not to prosecute was due to the negligence and/or delay of the SAPS in any form and/or part; if not, what is the position in this regard; if so, (a) in what way and (b) what are the further relevant details?
Reply:
1. Mr Orifile Oratile Sedika
It was alleged that the suspect published social media posts calling for attacks on malls including the Waterfront Mall in Bloemfontein. The matter was struck from the roll due to the delays in finalising the investigations. It is reported that the investigation is now complete, and the matter is with the office of the Director of Public Prosecutions: Free Sate Division for a decision once again.
2. There is no reported evidence that the negligence of the South African Police Service in any form and/ or part caused the delay in the investigation.
3. Zamaswazi Zinhile Majozi
It was alleged that the suspect used her Twitter account to call for looting and public unrest. The Director of Public Prosecutions: Gauteng Local Division withdrew the matter and advised that although the suspect was opinionated, she had refrained from endorsing her followers’ violent actions. There was insufficient evidence to give the court an insight into the suspects state of mind.
4. There was no reported evidence that evidence was destroyed, lost and / or tampered with and / or that the chain of command was broken which contributed to the decision not to prosecute in the Majozi matter.
5. There is no reported evidence that the decision not to prosecute was due to the negligence and /or delay of the South African Police Service in any form.
10 October 2022 - NW3044
Tito, Ms LF to ask the Minister of Home Affairs
(a) How does his department intervene in cases where a person does not have the funds to pay for their own DNA tests in the quest of proving their nationality as South African and (b) what other alternatives does his department make available for poor, undocumented South Africans?
Reply:
1. Honourable member DNA tests are conducted for many reasons in the department and not just for people to prove their nationality. The test can be conducted for proving parenthood of South Africans themselves.
Unfortunately, there is no waiver of fees process in place by the department for the parents who cannot afford DNA tests, as the fees and tariffs hereto are administered by the National Health Laboratory Services (NHLS). The institution is not dictated to by the Department of Home Affairs as it is a Department of Health facility.
The Department however has a Memorandum of Agreement with the Department of Health. Presently the two departments are exploring a possibility of provision of paternity tests free of charge or at a minimal fee to indigent clients if the Department of Health agrees.
2. Obviously, these are indigent people who are referred to the Department of Social Development to assist.
END
10 October 2022 - NW3308
Nodada, Mr BB to ask the Minister of Basic Education to ask the Minister of Basic Education
(a) What are the reasons that she is removing the specific details of reporting requirements for provinces on infrastructure and (b) how will she ensure (i) compliance and (ii) accountability, should the reporting details for provinces be removed?
Reply:
The reporting requirements have not been removed on the draft Regulations relating to Minimum Uniform Norms and Standards for Public School Infrastructure. The draft was published for comments by the public, and these comments are currently being consolidated. On completion of this exercise, the draft based on comments received will be taken through a process of consultation before a final document is gazetted.
10 October 2022 - NW3130
Weber, Ms AMM to ask the Minister of Water and Sanitation
(1)With reference to his reply to question 2284 on 26 August 2022, what steps will he and/or his department take to assist the community of Doornkop in Gauteng that needs help with water supply, as the local municipality does not have sufficient water supply and service delivery is lacking. (2) what intervention measures will he put in place to provide water to the entire area, as the current boreholes cannot meet the demand and the occupants of the informal part of Doornkop are connecting pipes to the main water supply line, and they use all the water before it reaches the community. (3) whether she has been informed that on 19 September 2020 a notice was intended to be delivered to the occupiers of Doornkop who illegally connected to the borehole; if not, what is the position in this regard; if so, (a) on what date was the specified notice served, (b) will she furnish Ms A M M Weber with a copy of the notice and (c) how will she ensure that the notice will be enforced?
Reply:
(1) The source of drinking water for Doornkop area is potable water that is supplied through a reticulation network system from Doornkop Reservoir. The water supply capacity and infrastructure servicing Doornkop is deemed adequate as there have been no documented prolonged water outages that could point to supply limitations.
(2) Information received from Johannesburg Water is that there are no boreholes in Doornkop. The City of Johannesburg Water supplies water to the informal settlements in the area through standpipes or stationary water tanks which are filled by mobile water tankers on a regular basis.
(3) Not applicable.
---00O00---
10 October 2022 - NW3328
Van Zyl, Ms A M to ask the Minister of Water and Sanitation
(a) What number of (i) wastewater treatment plants and (ii) pump stations connected and feeding to the wastewater treatment plants are functional in the (aa) Walter Sisulu Local Municipality and (bb) Senqu Local Municipality, (b) for those that are not working, what are the reasons that they are not working and (c) what plans has his department put in place in order to address the challenges?
Reply:
a) The Joe Gqabi District Municipality (JGDM) operates twelve (12) Waste Water Treatment Works (WWTW) in the Walter Sisulu and Senqu Local Municipalities. The status of the WWTW and pump stations is as follows:
(i) Details regarding the state of the WWTW:
- In the Walter Sisulu LM, there are six (6) wastewater treatment plants of which five (5) are functional and one (1) is non-functional
- In the Senqu LM, there are six (6) wastewater treatment plants, five (5) are functional and one is non-functional.
(ii) Details regarding the state of the Pump Stations:
- In the Walter Sisulu LM, there are eight (8) pumpstations, four (4) are funtional and the other four (4) are non-functional
- In the Senqu LM, there are five (5) pumpstations that are all functional.
b) Reasons for failures of the WWTW were mostly due to mechanical and electrical failures as well as theft and vandalism of electrical equipment and cables, particularly at pump stations in the Walter Sisulu LM.
c) Funding has been availed from various sources; including the District Municipality’s internal funds, Water Services Infrastructure Grant and Regional Bulk Infrastructure Grant from Department of Water and Sanitation; to facilitate the repairs of the non-functional plants. Progress is as follows:
- New pumps have been purchased by the Walter Sisulu LM to replace the non-functional pumps
- Repairs were recently completed to WWTWs in at Oviston, Venterstad in the Walter Sisulu LM and and Herschel in the Senqu LM
- A contractor to refurbish the Steynsburg WWTW in the Walter Sisulu LM has been appointed and is already on site
- Project plans are awaiting approval for the refurbishment of the Sterkspruit WWTW in the Senqu municipality
- The Joe Gqabi DM has responded well to the notices and directives issued by the Department of Water and Sanitation (DWS) and will be reprioritising the WSIG funds to address the challenges
---00O00---
10 October 2022 - NW2857
Tito, Ms LF to ask the Minister of Home Affairs
What is the total number of children aged between 0-18years who (a) have one parent registered on their birth certificates and (b) have both parents registered on the birth certificates?
Reply:
a) Currently the Department, does not disaggregate children’s birth certificate according to whether they have a single parent or not. The Department intends to develop a system that generates data related to the above. However, data for both parents is contained in the unabridged birth certificate.
b) Section 9 dealing with Notice of birth in subsection (1) of the Births and Deaths Registration Act (Act 51 of 1992) states that, in the case of any child born alive, any one of his or her parents, or if the parents are deceased, any of the prescribed persons, shall, within 30 days after the birth of such child, give notice thereof in the prescribed manner, and in compliance with the prescribed requirements, to any person contemplated in section 4. There is no provision made in terms of the Births and Deaths Registration Act (Act 51 of 1992) for both parents to register children on their birth certificates.
10 October 2022 - NW3182
Faber, Mr WF to ask the Minister of Basic Education to ask the Minister of Basic Education
(1) On what date did she attend the last meeting of any structure outside the Government in order to receive recommendations on the deployment of personnel in her department and/or entities reporting to her; (2) whether any appointments to her department and/or entities reporting to her were discussed during her attendance at any private forum and/or external structures to the Government; if not, what is the position in this regard; if so, what (a) are the details of appointments that were discussed and recommendations received and (b) other Government matters were discussed during the last meeting of any such forum?
Reply:
(1) and (2) The Honourable member to note that the appointment in the public sector positions in the Department of Basic Education and the entities reporting to the Department are governed by the rules and regulations as outlined by the Public Service Act and the Public Service Regulations of 2016.
10 October 2022 - NW3051
Mohlala, Ms MR to ask the Minister in the Presidency
Whether he has been informed of the rising trend in cybercrime; if not, why not; if so, what steps have been taken to counter it?
Reply:
Cybercrime refers to illegal internet-enabled activities that are perpetuated using computers. This is a global problem that transcends national boundaries. The cost to the global economy is estimated at $7 trillion US dollars. South Africa, being a global citizen and with our developed infrastructure – be it in sectors such as financial, communication, transportation, government, health, education or energy – is an attractive target for cybercriminals who use the Internet for extortion, fraud, child sexual exploitation, human trafficking, identity theft, disruption of critical services, selling illicit goods, and so forth.
The Honourable Member will be aware that in 2020, this Parliament passed the Cybercrimes Act to delineate offences that constitute cybercrime. The Act places the South African Police Service at the driving seat to investigate, combat and prosecute cybercrime. The Act bestows specific powers and responsibilities upon the Cabinet member responsible for policing, such as issuing Standard Operating procedures to be observed by the South African Police Service or any Law Enforcement Agency authorised to investigate any offence in terms of the law.
More specific to your question Honourable Member, Chapter 8 of The Act on reporting obligations and capacity building, sections 54(1) and 54(2), is very clear in terms of the reporting of cybercrime, to whom cybercrime must be reported and the role of the Cabinet member responsible for policing in terms of classifying offences to be reported and how reporting must be done.
Of course as the Cabinet member responsible for State Security, I am informed of matters that raise the national risk and threat posture. When malicious activities in cyberspace and anywhere else surpass the threshold of criminality and threaten national security, it is the duty and obligation of the relevant authorities to report such to me. It is my responsibility and obligation to act in a manner that will maintain and ensure peace and stability in our country.
To answer your question about the countering steps that are in place, the State Security Agency, as the leading department looking into cybersecurity in government, has a Government Computer Incident Response Centre, where cybersecurity incidents are reported and responded to. Work is also underway to improve our detection and response capabilities, through capacity building (across multiple government sectors). So, in conclusion Honourable Member, work is underway aimed at improving and enhancing coordination and collaboration within government in order to respond to cybersecurity threats and combat cybercrimes effectively.
10 October 2022 - NW3277
Roos, Mr AC to ask the Minister of Home Affairs
In each month of the 2021-22 financial year, what (a) total number of persons were (i) detained at and (ii) deported from the Lindela Repatriation Centre, (b) total number of (i) refugees and (ii) asylum seekers were transported from the specified centre to the street outside the Office of the United Nations High Commissioner for Refugees in Pretoria in May 2022, (c) total amount was paid to transport the deported persons and (d) are the reasons that the persons were transported to the specified place and not released?
Reply:
a) The total number of persons (i) detained and (ii) deported from the Lindela Repatriation Centre is as follows:
Month |
Number of Detainees |
Number of Deportees from Lindela |
April 2021 |
1 058 |
881 |
May 2021 |
1 044 |
1 081 |
June 2021 |
879 |
926 |
July 2021 |
809 |
1 158 |
August 2021 |
865 |
476 |
September 2021 |
1 154 |
1 315 |
October 2021 |
1 184 |
1 217 |
November 2021 |
961 |
953 |
December 2021 |
951 |
872 |
January 2022 |
1 022 |
693 |
February 2022 |
775 |
1 065 |
March 2022 |
316 |
655 |
Total |
10 018 |
11 292 |
b) A total of 85 of the refugee and asylum protestors requested to voluntarily leave the facility. The first group of 20 where transported to Sunnyside, Pretoria as per agreement with the United Nations High Commission for Refugees (UNHCR) that DHA would assist with transport for those who voluntarily opted for community re-integration. A similar process was followed of transporting the remainder of the 65 protesters to the park next to the UNHCR offices.
(c) The total cost R 3 374, relating to fuel for the vehicles.
(d) The first group of 20 protesters requested to leave the Lindela facility and to be assisted with transport to Sunnyside, Pretoria, as the majority of them had previously resided there.
The second group of 65 while being transported to Sunnyside, demanded to be dropped off at the park next to the UNHCR building, where they were staying in 2019 before they were transported to Lindela. The officials acceded to their demands to be dropped off at UNHCR as they were becoming hostile.
END
10 October 2022 - NW2820
Kohler-Barnard, Ms D to ask the Minister in the Presidency
What number of members of the State Security Agency (a) should have Top Secret Security Clearance and (b) have (i) Top Secret Security Clearance and/or (ii) a lower security clearance?
Reply:
(a) The State Security Agency (SSA) issues Top Security Clearance to its members as the nature of the work requires. Details regarding (a) (b) (i) (ii) will be provided to the Joint Standing Committee on Intelligence.
10 October 2022 - NW3391
Mthenjane, Mr DF to ask the Minister of Water and Sanitation
(1)Whether his department undertook any studies to find out the reasons that water scarcity affects mainly rural areas where only black poor persons stay, but not the suburbs where rich persons stay; if not, what is the position in this regard; if so, (2) whether he has found that this was by design; if not, what is the position in this regard; if so, what (a) are the relevant details of the findings and (b) is being done to reverse the situation?
Reply:
1. South Africa is a water scarce country, where everyone is affected by the limited water resources. My department undertakes various water resources and services planning studies and implements interventions or programmes to provide water to all citizens.
Due to the holistic and inclusive approach, areas that had historically been unserved have gradually seen service level improvements, as shown from the STATSSA data reflected in the General Household Survey. Much remains to be done, but a lot has been accomplished.
- The General Household Survey (GHS 2021) figures for basic water supply reflect a figure of 88% (64% in 1994) limited coverage of water infrastructure in South Africa. That is, drinking water from an improved source provided collection time is not more than 30 minutes for a roundtrip including queuing
- The General Household Survey (GHS 2021) figures for basic Level of Service is currently at 83% (49% in 1994). This includes use of improved facilities which are not shared with other households.
The Water and Sanitation Master Plan launched by the Department in 2020; is the blueprint that was developed to identify key actions and allocate roles and responsibilities to all stakeholders in the water sector, including the various tiers of government, and the private sector. It is intended to guide the sector regarding investment planning for the development of water resources, delivery of water and sanitation services, and addressing service delivery backlogs services until 2030. The Master Plan also addresses the enabling requirements, such as the institutional and legal arrangements for implementation, operation and maintenance, funding requirements and models, and monitoring and evaluation models.
2. Although there are still evident backlogs in service delivery, particularly in rural areas; due to the legacy of apartheid; the democratic government has been turning the situation around by progressively ensuring access to water for all as mandated by the Constitution and the Bill of Rights. It should be noted that the population of South Africa has grown from 40 to 60 million which make the percentage progress even better due to the ever-moving target. The National Water and Sanitation Master Plan therefore comprises of key programmes, projects, and actions to be implemented for the protection and development of the national water resources, as well as provision of adequate and reliable water services for all citizens.
---00O00---
10 October 2022 - NW3536
Roos, Mr AC to ask the Minister of Home Affairs
(1)Whether the announcement at the meeting of the Portfolio Committee on Home Affairs on 13 September 2022 that foreign religious leaders would no longer qualify for work visas has been implemented as a regulation and/or directive; if not, what is the position in this regard; if so, what are the relevant details of such a regulation and/or directive; (2) whether the work visa ban apply to foreign religious leaders already living and working in the Republic; if not, what is the position in this regard; if so, on which constitutional provisions does his department rely in this regard; (3) whether foreign religious leaders are prohibited from applying for permanent residence; if not, what is the position in this regard; if so, what are the relevant details; (4) whether his department engaged in a public participation process and/or consultations with religious organisations on how the ban would affect religious communities; if not, why not; if so, on what dates did the consultations and/or public participation processes take place?
Reply:
1. In 2018 the Department Gazetted the Immigration Regulations which allow Religious Workers to apply for a long-term section 11(1)(b)(iv) visitor’s visa for the prescribed activity of religious work. The terms and conditions of this visitor’s visa is that the holder may not apply for permanent residency using this visa, regardless of the period of continuous stay in South Africa. The statement to the Portfolio Committee is therefore supported by the 2018 Immigration regulations.
2. The introduction of Immigration Regulations is never applied or implemented retrospectively. Therefore, any Religious worker who is already living and working in the Republic, and is a holder of a validly issued work visa is not affected by the 2018 Immigration Regulations.
3. The Immigration Act stipulates various categories of visas with which the holder may apply for permanent residence. A work visa, with continuous residence for five years qualifies the holder to make an application for permanent residence. A holder of a validly issued work visa may apply for permanent residence regardless of their occupation. This also includes Religious Workers who are holders of valid work visas. Conversely, a Religious Worker who does not hold a work visa may not apply for permanent residence in terms of the Immigration Act.
4. The statement by Minister was not an announcement of a new piece of legislation, directive or regulations. It was an emphasis on what the current legislation already stipulates. There is, therefore, no need for public consultations.
END
10 October 2022 - NW2906
Hendricks, Mr MGE to ask the Minister of Water and Sanitation
(1)In light of the fact that there are about 10 000 water stands with water meters in the backyards of villagers in Bushbuckridge installed in 2018, (a) what are the reasons that the water (i) does not reach the taps and (ii) billing does not take place after four years since installation, (b) on what date is the 62 km asbestos bulk water pipe going to be replaced with steel pipe to reduce asbestos poisoning, (c) what steps are being taken to prevent 75% of water treated by water treatment plant being stolen by farmers, entrepreneurs such as car washing businesses who are bridging air water valves and by 60% of residents vandalising asbestos bulk water supply pipe and (d) on what date is it envisaged that the residents can expect an end to water rationing and 4-day zeros per week;
Reply:
The Bushbuckridge villages have access to water through the Hoxane Water Treatment Works, Inyaka bulk water supply system and through boreholes. There are two boreholes, one of which has been decommissioned due to frequent vandalism.
(a) (i) The community does not have reliable access to water due to leakages caused by illegal connections, which results in the supply system not being able to cater for all villages. The municipality has implemented a rationing programme to ensure that all residents have access to water.
The water rationing programme has been communicated to all communities through ward councillors and any shutdowns that impact on the water supply are communicated timeously through the municipality’s communications systems.
(ii) The Bushbuckridge Local Municipality is currently in a process of data cleansing to verify all households where meters were installed for billing purposes. This process should be completed by the end of the current financial year so that billing can commence in the beginning of the next financial year (2022/2023).
(b) The municipality is implementing a project to replace the asbestos pipeline with steel pipeline, it is anticipated that the project will be completed during the 2024/25.
(c) The Municipality is implementing its Water Conservation and Demand Management strategy (WCDM) and Water Services by-laws which are undergoing the process of gazetting. The municipality has initiated the procurement processes to appoint service providers.
The WCDM Strategy includes projects such as:
- Installation of bulk flow meters to conduct water balance and to identify water loss hotspots
- Purchase of leak detectors to detect leakages
- Installation of reservoirs level controls valves to prevent reservoirs overflows
- Installation of lockable valves chambers to prevent valves interferences, telemetry system to monitor pressures in the bulk network
- Removal of illegal connections to reduce non-revenue water and improve water supply status
(d) The municipality is currently implementing a project to install an additional clear water pump at the Hoxane Water Treatment Plant which will increase the volumes pumped by the plant from 22 Ml/day to 31 Ml/day to the Ndonga Reservoir that supplies the villages. The Hoxani Bulk Water Supply Scheme project, which is due to commence at the beginning of 2023/24, will also improve water supply to the villages in Bushbuckridge when is completed.
---00O00---
10 October 2022 - NW3405
De Freitas, Mr MS to ask the Minister of Home Affairs
With reference to digital nomad visas, (a) what research has been done in this regard, (b) what are the (i) results, (ii) outcomes and (iii) conclusions reached in the specified research, (c) by what date will such visas be introduced and (d)(i) how will this be marketed, (ii) who will be responsible for such marketing and (iii) to which markets will the marketing be directed?
Reply:
(a)
(b) (i) (ii) (iii)
(c)
(d) (i) (ii) (iii)
The Department has not conducted any research with reference to digital nomad visas. However, the President in his State of the Nation Address on 14 February 2022 announced that he had appointed former Department of Home Affairs Director-General, Mr Mavuso Msimang to review the Visa Regime.
I therefore request the Honourable De Freitas to await outcomes of the report.
END
10 October 2022 - NW3267
De Freitas, Mr MS to ask the Minister of Home Affairs
What total number of (a) arrests have been made with reference to combating fraudulent South African passports and (b) prosecutions have taken place in this regard in the (i) past three financial years and (ii) since 1 January 2022?
Reply:
(a) Since 2019 to date 45 people have been arrested; 10 officials and 35 members of the public.
(b)(i) In the past three financial years, 1 official has been prosecuted and a sanction of 8 years’ imprisonment imposed.
(b)(ii) 44 of the 45 cases are still pending in court.
END
10 October 2022 - NW3537
Roos, Mr AC to ask the Minister of Home Affairs
With regard to legal action against his department, what (a) is the total number of (i) cases and (ii) mandamus applications currently on various court rolls in the Republic, (b) has been the (i) average and (ii) total cost orders against his department in the 202122 financial year and (c) is the total quantum of legal fees incurred by his department in defending the specified cases and applications in the specified financial year?
Reply:
a) (i) During the financial year 2021/2022, the Department received a total number of 2371 court applications. It must be noted that not all 2371 applications seek relief against the Department and therefore, the Department does not oppose these matters. In some matters, the Department is cited to take note or implement the court order after the court outcomes. Matters such as registration of customary marriages, adoptions, etc are not opposed, the Department’s only role in these matters is to implement the court outcome.
(ii) The Department received a total number of 792 mandamus applications which are currently on various court rolls in the Republic. These matters include class actions or multiple applicants in one court application.
b) (i) The average of total cost orders in the Department is R33 062,69 legal costs.
(ii) The total cost orders against the Department is 846 for the 2021/2022 financial year.
c) The total quantum of legal fees incurred by the Department in defending court cases during the 2021/2022 financial year is R27 971 037,81.
END
10 October 2022 - NW3243
Mohlala, Ms MR to ask the Minister of Water and Sanitation
In light of the fact that the Vaal Gamagara Regional Water Supply Scheme began in 2016 with a project completion date of May 2022, (a)what (i) was the initial estimated cost for the project and (ii) total amount has been spent to date and (b) how much work has been completed to date with the replacement of the existing steel pipeline with a new pipeline?
Reply:
a) (i) The initial estimated cost for the project was R 1,2 billion.
(ii) The total amount spent on the project was R 1,7 million.
b) The project comprises on the replacement of 80km of pipeline, the installation of pressure release valves and construction of chlorination building. These works were completed and the pipeline is functional
---00O00---
10 October 2022 - NW3334
Khanyile, Ms AT to ask the Minister of Home Affairs
What progress has his department made in providing a One-Stop Border Post in Beitbridge?
Reply:
Cabinet adopted and approved the One Stop Border Post (OSBP) policy in March 2022.
OSBP legislation must be enacted which should inter alia allow for the deployment of the employees in the foreign territory through a co-location principle. Draft legislation will still need to be prepared and considered by Cabinet. The Department is procuring the service a specialiset legistaive drafter to assist in this regard. The deadline for submission of the draft OSBP Bill to Cabinet is 31 March 2023 as per the Department’s 2022/23 Annual Performance Plan (APP). Should Cabinet approve, it will become the prerogative of Parliament to enact the legislation should it wish to do so.
Implementation of the OSBP at Beitbridge would be possible once the applicable legislation is in place and the border post is redesigned and redeveloped. In respect of the redevelopment of our key six land ports of entry, including Beit Bridge, the Department of Home Affairs has requested approval from National Treasury for TAII approval in accordance with the prescribed Public Private Partnership (PPP) process. This approval will enable the Department to issue a request for proposals (RfP) to the market.
To summarise, for a One-Stop Border Post to work at Beit Bridge, the enabling legal framework must be created and the physical layout of the port of entry changed, in consultation / agreement with the Zimbabwean government.
END
10 October 2022 - NW2945
Winkler-Lidgett, Ms HS to ask the Minister of Home Affairs
With reference to his reply to question 209 on 24 February 2022, what criteria, apart from academic qualifications, are used to determine whether a person has critical skills?
Reply:
I have published on 2 August 2022 an updated critical skills list for South Africa, showing what skills are in short supply across the country. The new list has added 39 new skills, building on top of the previous publication in February of this year.
The critical skills list falls under the Immigration Act, No. 13 of 2002 which is administered by the Department of Home Affairs and sets out the qualifications and skills deemed to be critical for the country in relation to an application for a critical skills work visa or permanent residence permit. An application for critical skills work visa or permanent residence permit needs to be part of the 140 skills identified in the critical skills list. The complete list can be found in the government gazette no. 47182 dated 2 August 2022.
Furthermore, Regulation 18(5) of the Immigration Act, prescribes that the following criteria be applied when determining whether a person has critical skills:
a) a confirmation, in writing, from the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act, or any relevant government Department confirming the skills or qualifications of the applicant and appropriate post qualification experience;
b) if required by law, proof of application for a certificate of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act; and
c) proof of evaluation of the foreign qualification by SAQA and translated by a sworn translator into one of the official languages of the Republic.
END
10 October 2022 - NW3363
Siwisa, Ms AM to ask the Minister in the Presidency for Women, Youth and Persons with Disabilities
With reference to her reply to question 486 for oral reply on 14 September 2022, based on the national call centre of the National Gender-Based Violence helpline, what (a0 number of calls have been registered in each province by the call centre in the past 12 months and (b) assistance was given to the victims who have been assisted ?
Reply:
Find here: Reply
10 October 2022 - NW3540
George, Dr DT to ask the Minister of Home Affairs
Whether a Home Affairs office will be opened in Knysna; if not, why not; if so, (a) on what date is it envisaged that the specified office will open and (b) what range of services will be offered?
Reply:
(a) The Department has been looking at establishing an office in Knysna for a few years now, amongst others, but due to the lack of funding was unable to do so. The Department has embarked on an extensive study to revise and align the department’s access model with service delivery demand. A funding proposal for newly proposed offices and service points as per the approved DHA Access Model were submitted to the National Treasury.
In the interim, to service Knysna and surrounding areas, an on line access point was established and capacitated with effect from 01 September 2022, at the Knysna Public Health Facility. The access point at the health facility will be issuing critical enabling documents such as (1) birth registration for children born within 30 days from the birth event and (2) render death registration functions.
Mobile Units, from the Plettenbergbay Office, also currently render services to the Knysna community and surrounding areas upon request from the Municipality. All schools in the area were serviced by Mobile Units earlier in the year to ensure that all matriculants were enabled with their ID documents. The Plettenbergbay Office also facilitated outreach programmes in collaboration with the Municipality. They recently serviced Khayalethu and was part of the Municipal Project for dealing with destitute persons living on the street.
The DHA Mobile Units will also form part of the upcoming Provincial Government Thusong Programme which is due to take place in the Knysna area on 18 and 19 October 2022.
(b) The range of services rendered through Mobile Units are birth registration, smart ID cards applications and collections, passport applications and collections, re-printing of birth, marriage and death certificates, rectifications and amendment applications and the issuance of temporary ID Certificates.
END
10 October 2022 - NW3333
Khanyile, Ms AT to ask the Minister of Home Affairs
Whether his department will retain the opportunity on a permanent basis for asylum seekers to renew their asylum papers online like they did during the hard lockdown phase; if not, will his department revert to the in-person renewal process; if so, what are the relevant details?
Reply:
The Department will continue with the online renewal of documents and will over the next three months work to streamline the process in order to address some of the concerns raised by clients.
Those clients who are unable to use the online platform will be able to approach a Refugee Reception Office for assistance.
Furthermore, a stakeholder engagement drive within the refugee and asylum seeker communities will be undertaken in the next few months to address concerns as the department continues to improve servicing clients through digital platforms.
END
10 October 2022 - NW3307
Nodada, Mr BB to ask the Minister of Basic Education to ask the Minister of Basic Education
Whether she will provide an update of the new special purpose vehicle pilot projects of the President of the Republic, Mr M C Ramaphosa, in the (a) Eastern Cape and (b) Northern Cape; if not, why not, in each case; if so, (i) where are the specified projects situated, (ii) what exactly does each project entail, (iii) what total amount has been spent on each project and (iv) how is the project being monitored?
Reply:
1. The Provincial Departments of Education in Eastern Cape and Northern Cape are managing these projects, in collaboration with Infrastructure South Africa.
2. Such Provinicial Departments will be able to assist with details on scope of work, budget and progress.
10 October 2022 - NW3081
Zungula, Mr V to ask the Minister of Water and Sanitation
(1)Whether, given the long-standing water supply issues in (a) Butterworth, (b) QwaQwa and (c) Hammanskraal and how municipal officials prefer the water supply contracts in order to benefit from the supply of water to communities, he has found it necessary to take over the water affairs of municipalities that have failed to provide water to their communities; if not, what is the position in this regard; if so, what are the relevant details; (2) by what date does he intend to intervene to provide long-term sustainable solutions to the water problems in the specified municipalities?
Reply:
1. The constitutional responsibility for providing water and sanitation services rests with local government. The Department of Water and Sanitation regulates how these services are provided, monitors and supports municipalities providing water services and has a duty to intervene where national norms and standards are not met.
As indicated in the recent Green Drop and Blue Drop assessments, Municipal water services are in decline in many municipalities and government’s constitutional obligation to progressively provide safe water and a healthy environment for everyone is being compromised. In many cases, water and sanitation infrastructure is in a critical state due to inadequate investment and maintenance.
As mandated by the Constitution and other relevant legislation, the DWS has developed a Water Services Improvement Programme (WSIP) to strengthen its support and intervention at municipal level.
The aim of the programme is to support municipalities and intervene more consistently and systematically to address water and sanitation service delivery challenges. The overall aim of this initiative is to guide, initiate and lead national government support and regulatory interventions to reverse the decline in the provision of water and sanitation services in all municipalities.
Interventions being implemented by the DWS in Qwaqwa, Butterworth and Hammanskraal of the DWS
Area of intervention |
Nature of interventions |
Qwaqwa |
|
Butterworth |
|
Hammanskraal |
The Department had instituted legal action against the CoT for the pollution of water resources by the Rooiwaal Wastewater Treatment Works (WWTW). However, in a meeting held between the parties (DWS and CoT) on 27 September 2022, the parties agreed to have an amicable settlement on the matter where a detailed action plan will be agreed on and be a court settlement to ensure the prevention of the pollution and sustainable water supply to Hammanskraal in the medium to long term. |
---00O00---
10 October 2022 - NW3246
Motsepe, Ms CCS to ask the Minister of Basic Education to ask the Minister of Basic Education
What total number of cases of corruption involving (i) School Governing Bodies and (ii) principals have been recorded over the past five years and (b) how is her department dealing with the issue raised?
Reply:
The information requested resides with the Provincial Education Departments (PEDs) not the National Department of Basic Education. The Hon Member is therefore requested to direct the question to the Members of the Executive Councils (MECs) at the PEDs.
10 October 2022 - NW3265
De Freitas, Mr MS to ask the Minister of Home Affairs
What (a) plans and strategies are in place to protect the rights of tourists and travelers from the lesbian, gay, bisexual, transgender, queer and intersex community, (b)(i) mechanisms, (ii) processes and (iii) procedures have been put in place in this regard, (c) are the timelines, time frames, deadlines and milestones in this regard and (d) is used as a yardstick to measure it in each instance?
Reply:
(a – d)
Travelling of all persons through our international borders, irrespective of their sex, gender and sexual orientation, is regulated through the Immigration Act No 13 of 2002 and South African Passports and Travel Documents Act No 4 of 1994. Section 9(3)(a) of the Immigration Act states that, “No person shall enter or depart from the Republic unless he or she is in possession of a valid passport, and in the case of a minor, has his or her own valid passport. Subject to the provisions of this Act, every South African citizen shall be entitled to a South African passport”. Section 3 of the South African Passports and Travel Documents Act states that, “Subject to the provisions of this Act, every South African citizen shall be entitled to a South African passport”.
In administering these legislation, the Department observes the provisions of the Constitution of the Republic, Act 108 of 1996. Section 9(3) of the Constitution provides that the State may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. Therefore, the rights of tourists and travelers from the lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) community are protected through the Bill of Rights.
As far as transgender travellers are concerned, the Department does not refuse entry to visitors who carry non-binary passports; that is, passports that do not indicate a person’s gender. As for SA citizens, the current legislation only allows for the issuing of binary passports; that is, passports that indicates a person’s gender (male or female). The Official Identity Management Policy, which was approved by Cabinet in March 2022, recommends the introduction of non-binary identification documents. Subsequent to Cabinet approval of the Official Identity Management Policy, the Department began with the process of drafting the new Identification Act which will also impact on the current SA Passports and Travel Documents Act. The plan is to submit the new Identification Act to Cabinet by March 2023 to request approval for public consultations. It is anticipated that the new legislation will be tabled in Parliament during the 2023/24 financial year.
END
10 October 2022 - NW3404
De Freitas, Mr MS to ask the Minister of Home Affairs
With reference to remote working visas, (a) what research has been done in this regard, (b) what are the (i) results, (ii) outcomes and (iii) conclusions reached in the specified research, (c) by what date will such visas be introduced and (d)(i) how will this be marketed, (ii) who will be responsible for such marketing and (iii) to which markets will the marketing be directed?
Reply:
(a)
(b) (i) (ii) (iii)
(c)
(d) (i) (ii) (iii)
The Department has not conducted any research with reference to remote working visas. However, the President in his State of the Nation Address on 14 February 2022 announced that he had appointed former Department of Home Affairs Director-General, Mr Mavuso Msimang to review the Visa Regime.
I therefore request the Honourable De Freitas to await outcomes of the report.
END
10 October 2022 - NW3364
Siwisa, Ms AM to ask the Minister in the Presidency for Women, Youth and Persons with Disabilitie
With reference to the 12 shelters for persons who have suffered any form of gender based violence and femicide that have been opened in the Republic, with six being in Gauteng and six in KwaZulu-Natal, how far is the process of opening other shelters especially in rural areas where women have to fend for themselves against perpetrators and family members who care more about saving tfhe face of families than the wellbeing of the women?
Reply:
Find here: Reply
10 October 2022 - NW3295
Ngcobo, Mr SL to ask the Minister of Basic Education to ask the Minister of Basic Education
(1) With reference to the National School Safety Framework (NSSF) and the systems in place to combat violence in schools, how does her department deem such measures as being effective to deal with the violence; (2) whether any improvements have been made to the NSSF since it was first published in 2015, to proactively counter the (a) heightened violence levels in schools recently and (b) changing nature of the violence in schools; if not, what is the position in this regard; if so, what are the relevant details; (3) (a) how will her department ensure that schools in the rural areas, which are mostly always marginalised and neglected, also benefit fully from such systems and (b) what are the relevant details of the support that will be provided to (i) learners and (ii) teachers who experience the violence first hand?
Reply:
1. The NSSF remains our primary strategic response to school violence. It is a comprehensive approach that coordinates and consolidates all school safety interventions in the sector. The NSSF is based on a social ecological systems model which locates the school within its broader community. It relies on collaboration and partnerships for a more coordinated approach to responding to school violence. The NSSF provides the framework within which:
a) All schools have active school safety committees and school safety plans based on an audit of needs are in place and are reviewed frequently.
b) School perimeter is secured (fenced) and access controls (guard and/or surveillance) are in place and managed. Infrastructure plans for 2018/19 are informed by the Audit of the Districts’ school fencing coverage which highlights the schools that need to be prioritised.
c) School codes of conduct are aligned with the Constitution of South Africa and child-protection legislation; and is communicated and adopted/ agreed to by all school stakeholders.
d) Corporal punishment is prohibited by law and alternatives on positive discipline are implemented in all schools.
e) Protocols are in place to inforce consequence management timeously and is consistently applied when responding to contraventions that put the learning environment at risk.
f) Schools have systems in place to report violent incidences and criminal behaviour at local police station, to district and provincial office bearers and SACE.
g) Schools have established relationships with their intergovernmental counterparts: Departments of Social Development; Health and Justice, to progressively ensure services such as counselling services (SBSTs); medical examinations and access to justice are effective and in the best interest of the child.
2.(a)Since its inception in 2015, no formal review of the NSSF has been undertaken. However, through the annual district monitoring process some challenges have been identified. A major challenge includes the functionality of School Safety Committees. To this end, measures have been undertaken to ensure that all School Safety Committees are trained, including all school personnel (educators and support staff). There have also been additional Protocols developed to facilitates the implementation of the NSSF. These include the Protocol to Deal with Incidences of Corporal Punishment in Schools and Positive Discipline; and the Protocol for the Management and Reporting of Sexual Abuse and Harassment in Schools. (b)The DBE intends to commission a new National School Violence Study (NSVS) which will inform the review of the NSSF.
3.(a) The DBE programmes are rolled out in ALL public schools (which includes schools in rural arears). All seventy-five (75) districts are monitored and supported in the implementation of Safety in Education, Sport & Enrichment in Education and Social Cohesion & Equity in Education programmes. Interventions are targeted at districts where challenges are identified and no school is left behind. (b) The interventions provided include training on the NSSF as well as the Protocol for the Management and Reporting of Sexual Abuse and Harassment in Schools for (i) learners (RCL) and (ii) educators. All schools have School Based Support Teams (SBST) whose role is to ensure that there are mechanisms in place to report violence as well as ensure that support and referral systems are in place.