Questions and Replies

Reply:

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Reply:

1. The CCMA is in the third year of the operationalisation and implementation of ‘The Imvuselelo - The Revival - The 2020/2021-2024/2025 CCMA Strategy’ which commenced on 01 April 2020.

2. The 2022/2023 CCMA Annual Performance Plan (APP) outlines the programmes and activities to be implemented towards the achievement of the strategic intent of the Strategy.

3. The CCMA has identified the Agricultural sector as one of the five (5) targeted vulnerable sectors to be capacitated during the life cycle of the above-mentioned Strategy.

4 The CCMA is delivering on its 2022/23 Advocacy Campaign Plan in the North-West Province, which includes the following -

• The CCMA has partnered with the Department of Employment and Labour (“the Department”) to raise the awareness of farmworkers on their labour law rights and responsibilities.
• The delivery of Radio Talk-shows through various Community Radio Stations and the SABC stations as and when invited and agreed upon.

5. Furthermore, the CCMA delivers training and capacity building initiatives in line with section 115(3) of the Labour Relations Act 66 of 1995.

6. In conclusion, the CCMA is implementing various initiatives /interventions to bring its services closer to the vulnerable groups throughout the country with a view to empowering them regarding their rights and responsibilities under the applicable labour laws of the country.

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Reply:

When Government wants to propose labour reforms, such proposals will have to be submitted to NEDLAC for discussion. NEDLAC is a statutory body made-up of organised business, organised labour, community constituency and government representatives; and the law requires that proposals with socio economic impact must be tabled at NEDLAC for discussion. Such proposals at times culminate into the labour law reforms, which will require legislation amendments.

All our legislative amendments go through parliamentary processes before developing into law. A good example of such legislative amendments becoming law in the last five years is the Employment Equity Act, the Basic Conditions of Employment Act and the National Minimum Wage Act amongst others. Currency, organised business and organised labour have submitted proposals at NEDLAC for discussion. Should these proposals necessitate labour law reforms, the reforms will go through all the Parliamentary processes and Honourable Hunsinger will know of such proposals.

END

Reply:

a) In relation to the effect of the inception of the Code of Good Practice on the Prevention and Elimination of Harassment in the workplace (Harassment Code) in March 2022 on reported incidents of violence and harassment in the workplace, it is too early to assess the impact of this Code on the reported incidents. It is important to highlight that the Employment Equity Act (EEA) empowers both the Commission for Conciliation, Mediation and Arbitration (CCMA) and the Labour Court to deal with unfair discrimination disputes, inclusive of all harassment cases.

Noteworthy is that, the primary objectives of this Harassment Code are to align our national laws with the provision of the ILO Convention, 190 that the country has ratified on 29 November 2021; and also to provide employers and employees, including the trade unions with practical guidelines on how to develop and implement workplace harassment policies and practices.

Therefore, we need to allow the employers in consultation with employees an opportunity to develop and implement workplace harassment policies and practices as required by section 60 of the EEA and this Code.

In order to raise awareness and educate employers and employees on the contents of the Code, the department together with the CCMA conducted EE workshops in all nine provinces from 17 August to 15 September 2022. In addition, the department has developed and published the Harassment Code pamphlet in all 11 official languages to ensure access to the majority of the population.

Thereafter, at the end of the first year of the implementation of the Code in March 2023, department together with the CCMA will then analyse the number of the harassment cases reported at the CCMA and based on the outcome, the department will then be able to assess the effect or impact of this Code on the labour market.

b) About the tracking of the effects of the Harassment Code on the workplace, the tracking will be done through the analyses of the number of harassment disputes/ cases referred to the CCMA and the Labour Court at the end of March 2023.

END

Reply:

I am sure the Hon. Member has the appreciation of some targets that aren’t static, those that keep on moving. The filling of vacancies happens to be one of those moving targets. So, you have targets like that, where you can perform and make progress towards achieving them but you just cannot stop them from fluctuating. There is always constant staff turnover, it is therefore impossible to provide an exact date by which vacancies would be filled.

Reply:

1(a) and (b). Number of inspectors and inspections

Province	Number of inspectors	Number of inspections
Eastern Cape	208	36140
Free State	188	9000
Gauteng	402	1075
KwaZulu-Natal	423	3783
Limpopo	171	8088
Mpumalanga	155	5158
Northern Cape	43	3076
North West	129	7233
Western Cape	218	6953

REPLY: 1(c) Findings and action taken

The following were the contraventions found across all the legislations:

Employment Equity Act No 55 of 1998 Provisions contravened:

• Section 24 – appointment letter not signed by the CEO. EE Managers not appointed with the required resources and budged.
• Section 16 and 17 – attendance registers not indicating the designated groups represented by the committee members.
• Section 19 - analysis conducted post the development of the EE plan. Barriers not a true reflection of what is happening in the company
• Section 20 – EE plans do not show reasonable progress towards transformation in line with goals and numerical targets set by employers.

Basic Conditions of Employment Act No 75 of 1997 and National Minimum Wage Act provisions contravened:

• Section 9: Ordinary hours of work
• Section 10: Overtime
• Section 16: Pay for work on Sundays
• Section 25: Maternity Leave
• Section 29: Written Particulars of Employment
• Section 31: Keeping of records
• Section 32: Payment of remuneration
• Section 33: Information about remuneration
• Section 66: Powers to question and Inspect
• Section 67: Co-operation with Labour Inspectors
• Various sections in the Sectoral Determinations 9:
• National Minimum Wage: Section 4(5): Non-payment of National Minimum Wage

Unemployment Insurance Contributions Act of 2002 provisions contravened:

• Section 5 - Duty to contribute read with section 9 Payment of contribution to Unemployment Insurance Commissioner and refund;
• Section 7: Deduction of employee’s contribution
• section 9- Payment of contribution to Commissioner and refund; and
• section 12 – interest of late payment
• Section 13 – penalties and default
• section 56 – Failure to register, submit declarations and make contributions to the Fund

Compensation for Occupational Injuries and Diseases Act of 1993 provisions contravened:

• Section 80: Failure to register and furnish particulars with the DG
• Section 81: Failure to keep records
• section 82: Failure to furnish returns of earnings
• section 86: Employer fail to pay assessments to the Commissioner
• Section 87: Failure to pay assessments and other moneys.

Occupational Health and Safety no 85 of 1993 provisions contravened

• General Safety Regulation 2(1), GSR 2(3)
• Administrative safety regulations
• COVID 19 -3(1), COVID 19 -3, COVID 19 -9, COVID 19- 3(7)
• Hazardous Chemical substances 9
• Environmental Regulations for Workplaces 9, ERW 6
• Electrical Installations Regulations 7(1)
• Facilities Regulations 2
• Ergonomics regulations

Actions taken to address findings:

Intervention	Activities
Advocacy	Increased advocacy around the prescripts and provisions of the offerings of various Employment Laws through seminars, workshops, radio interviews etc.
Inspections	More than 90% of contravening workplaces served with notices on the spot. Follow up inspections, where applicable, are carried out.
Enforcement	Recoveries of monies through penalties and fines. Referral for prosecutions in instances where there could still be noncompliance where notices have expired.

(2) (a) how is his department addressing the issues in the farming sectors with organised agriculture and farm workers if there are no labour inspectors allocated specifically for the farming sector and (b) on how regular a basis does he engage with the organised agriculture to address all labour issues on farms in each year;

REPLY:

(a) All the inspectors of the Department conduct inspections in the Agricultural Sector. The inspectors are specialists and conduct inspections in line with their disciplines.

(b) Inspectors incorporate an element of advocacy whenever they carry out inspections, therefore, engagements happen on a continuous basis

(3) will he furnish Mr N P Masipa with the minutes of such meetings and/or engagements with both organised (a) agriculture and (b) labour?

REPLY:

There are no separate minutes as engagements happen during the inspection itself.

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Reply:

a) The Department conducts pro-active and re-active inspections daily which includes inspections in the domestic workers’ sector. This also enables us to respond to complaints that are reported to the Department in various ways. Labour Inspectors when conducting inspections are able to check if the employer complies with the employment laws which includes compliance with the National Minimum Wage Act, to ensure that workers are not exploited.

The Department further ensures that exploitation is dealt with through enforcing compliance with the Basic Conditions of Employment Act, in particular the Sectorial Determination 7, that deals with conditions of employment in the Domestic Sector.

b) The Department of Employment and Labour and the Commission for Conciliation, Mediation and Arbitration (CCMA), have jurisdiction to deal with issues of national minimum wage. Workers can therefore report any matter to a local Labour Centre of the Department. Where possible however, the workers can also report to their local trade union offices who will assist in reporting the cases to the Department and the CCMA.

c) The Inspection and Enforcement Services Branch, from when a complaint is received at Client Services, has 90 days to finalise the matter. To this end, the labour inspect will investigate the complaint and may conduct an inspection. An enforcement notice would be issued.

d) The Department does not provide mental health services. Government hospitals make provision for free mental health services.

e) The matter is not applicable to the Department as per our response in (d)

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Reply:

My office did not submit a policy review document and or other government policy document to structures outside of Government either private or political affiliations during the past five years.

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Approved by Minister

Ms M Nkoana-Mashabane, MP

Date………………………..

Reply:

a) (i) The Department presented the Bill to Cabinet on 21 September 2022, and the Bill was approved and referred to Parliament.

(ii) Yes, the department did execute some of the roles within the mandate of the department.

Other oversight roles require the Council itself as it is the ultimate custodian of the National Strategic Plan on GBVF and will have powers in line with the Bill.

To facilitate a coordinated multi-sectoral approach a END GBVF Collective was established. The END GBVF Collective has a platform that serves as the one stop centre for information pertaining to GBVF. The platform has room to grow and currently through the department and the DPME we are also establishing a knowledge hub that will house relevant information and best practices in line with priorities such as the GBVF social ill.

The department coordinated the development of the National Strategic Plan and the monitoring and evaluation framework for 2020-2024 and has provided oversight on the implementation of the National Strategic Plan since adoption by Cabinet in March 2020.

The department led the development of a comprehensive GBVF prevention strategy. The strategy is in place now and is being institutionalised to ensure implementation by multi-stakeholders.

b) In the event that the Council is not approved, the department will continue to strengthen the END GBVF Collective and revitalise the National Gender Machinery including the Gender, Youth and Persons with Disabilities joint forums.

The END GBVF Collective requires formalisation as it is currently a voluntary structure.

The END GBVF Collective, National Gender Machinery including the Gender, Youth and Persons with Disabilities joint forums will be used for ensuring a cohesive national response to the GBVF pandemic.

The Department will liaise with DPSA and National Treasury timeously to extend the contract period of the current serving secretariat until the Bill is finalised and accented into law and a Council is in place. This will ensure that the current state of coordination does not regress.

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Approved by Minister

Ms M Nkoana-Mashabane, MP

Date………………………..

Reply:

The Department of Women, Youth and Persons with Disabilities has developed Monitoring and Evaluation (M&E) Framework and Plan that identifies clear Gender Based Violence and Femicide outcomes, indicators and time bound interventions that have to be implemented by various government departments and other stakeholders, including the Department of Health (DoH).

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Approved by Minister

Ms M Nkoana-Mashabane, MP

Date………………………..

Reply:

The Policy for the Recognition of South African Higher Education Institutional Types will have no bearing on the Technical and Vocational Education and Training (TVET) Colleges. The policy is directed at higher education institutions only. The TVET colleges will remain as they are and
operate in the same manner they are operating currently. However, my Department is working on improving articulation between TVET colleges and universities and the introduction of Higher Education Colleges and University Colleges by institutional types policy should add impetus
towards that improvement.

Reply:

To the best of our knowledge, the Department of International Relations and Cooperation has not submitted any policy review document and/or any other government policy document to structures outside of the Government, nor to private and/or external structures or structures of any political affiliation during the past five years. a) There are no documents to be furnished as the Department has no information in respect to any of these matters.

Reply:

1. There is no provision for visas on arrivals in the current Immigration Act. The Department can therefore not issue visas on arrival.

2. In his State of the Nation Address on 14 February 2022 the President announced that he had appointed former Department of Home Affairs Director-General, Mr Mavuso Msimanag to Review the Visa Regime.

I therefore request the Honourable Winkler to await outcomes of the report.

(3)(a) An application for a visitor's visa not exceeding a period of three months shall be accompanied by-

1. a statement or documentation detailing the purpose and duration of the visit;
2. a valid return air flight ticket or proof of reservation thereof; and
3. proof of sufficient financial resources.

(3)(b) An application for a visitor's visa exceeding a period of three months shall, in addition to complying with the requirements mentioned above, be accompanied by a police clearance certificate. The proof of sufficient available financial resources shall be in the form of a recently bank certified statement, for the last three months.

END

Reply:

The Department acknowledges the surge in the number of students who are experiencing mental health challenges, especially in relation to the disruptions caused by the COVID-19 pandemic, as well as the number of student suicides that are reported. The Department regards addressing mental health is part of a holistic approach to the health and wellbeing of staff and students.  Therefore, the Department is funding HIGHER HEALTH to the tune of R20,604 million (2022/3); R27,530 million (2023/4); R28,440 million (2024/5) and R29,714 million (2025/6) to implement a comprehensive and integrated programme promoting health and well-being of students and staff additional to the allocated budget in the baseline for each institution.

HIGHER HEALTH is the implementation arm of the Department to implement a comprehensive and integrated programme promoting health and wellbeing of students across South Africa’s public universities and TVET colleges and provide on-campus support to PSET institutions in 7 priority areas:

Mental Health, as seen in the diagram is central to the approach.  HIGHER HEALTH is skilled in facilitating both first and second curriculum activities in the form of peer-to-peer education and in-classroom interventions through the integration of general health and wellness, addressing the wide range of social and health challenges experienced by staff and students.  It is done at all campuses of universities and TVET colleges.

HIGHER HEALTH provides psycho-social support services through several means, including: (1) pro-active screening; (2) prevention and awareness programmes (3) organised programmes such as first-thing-first and second curriculum activities (4) the HIGHER HEALTH toll-free helpline, and (2) through interventions provided by on-campus and off-campus counselling and clinical psychologists. HIGHER HEALTH's activities also include focussed campus activities, campus radio programmes and peer support mechanisms. HIGHER HEALTH has set up campus and community radio stations to engage young students routinely on matters related to specific Sexual and Gender Based Violence and mental health as a matter of priority. There is also HIGHER HEALTH's 24-hour toll-free helpline available in all 11 official languages.  The line offers health, wellness and psychosocial risk assessment toolkits for early screening, empowerment and referral related to gender-based violence, mental health, HIV, TB and other matters.

This year, over 14 000 students accessed the various HIGHER HEALTH models of psychosocial support. Academic stress and anxiety (30%), general stress and substance abuse (22%) depression and suicide (18%) and sexual, physical and emotional abuse (19%) present the main reasons for accessing support care.  The Honourable Member also asked what are the relevant details in each case.  Information on individual reported cases are captured by institutions and HIGHER HEALTH, and reported in aggregated form to the Department's University Branch.  Information on each case is confidential and cannot be shared.

INSTITUTIONAL INITIATIVES

All universities and TVET Colleges have measures in place to raise awareness, offer guidance and advice and support students and staff through Campus Services and Student Support Services. These include, but are not limited to:  workshops or presentations during orientation weeks and during various parts of the year for students; roadshows; training; production and dissemination of brochures and other literature for the university community; and information on institutional websites.

The Department plays an oversight role, monitoring institutions to ensure that institutions take full responsibility for addressing health and well-being of students and staff on their campuses.

Reply:

In March 2016, the Minister requested the CHE to advise him on a “framework for managing future university fee structures through which increases should be developed and agreed upon”. The CHE undertook the work in two phases: the first phase to make recommendations for increases for the 2017 academic year, and the second phase to recommend a framework for the longer term.

The Department with the support of Universities South Africa (USAf) established a Working Group in 2019 and has developed a first draft of a proposal towards a national framework for regulating fees. The proposed proposal towards a framework outlines the background and need for a fee regulation framework as well as the advice received from the CHE to the Minister in 2017. However, the framework requires further engagements with the Minister.  Work is currently continuing on the draft policy framework in 2022, aiming for a final framework and three-year agreement to be approved by the Minister by December 2022.

Reply:

DEPARTMENT OF SCIENCE AND INNOVATION

1. (a) What (i) total number of employees of his department are currently working from home?

The Department has 377 employees as of 1 September 2022 of which 50% (188) work remotely at any given day while the other 189 report to the office at any given day. Employees rotate reporting to the office and maintain 50% attendance. Senior Management Service (SMS) are required to report the office 3 days per week and 2 days for non-SMS.

(ii) Number of such employees have special permission to work from home?

There are 2 employees who have applied for reasonable accommodation to work from home due to ill-heath in line with the Policy and Procedure on Incapacity and ill-heath Retirement. Their applications are currently being processed for consideration and therefore work from home until the outcome of their applications.

(iii) Are the reasons for granting such special permission?

The Department has approved a staggered return to the office with a 50% rotation in line with Code of Practice on Managing SARS-COV2 in the Workplace and the Environmental regulations for Workplaces. In ensuring that the department does not expose employees to unconducive working conditions, it has maintained the staggered reporting to the office as a mitigation. There is a long-term project registered with the Department of Public Works to upgrade the building.

(b) On what date will such workers return to their respective offices?

Employees will continue reporting to the office in the staggered manner until the department has secured an alternative office which is June 2023. Employees who have applied for reasonable accommodation due to ill-heath will work from home until the outcome of their applications as recommended by the Health Risk Manager.

2. Whether he will make a statement on the matter?

Not applicable.

DEPARTMENT OF HIGHER EDUCATION AND TRAINING

CORPORATE SERVICES BRANCH

a) BRANCH:	CORPORATE SERVICES (ALL DIRECTORATES)
i) Total number of employees currently working from home	0
ii) Number of employees who have special permission to work from home	0
iii) Reasons for granting such special permission	Not Applicable
b) What date will such workers return to their respective offices?
Not Applicable

OFFICE OF THE CHIEF FINANCIAL OFFICER AND DIRECTORATES/UNITS REDERING DESIGNATED FUNCTIONS UNDER ITS AUSPICES

a) Directorate:	Chief financial Officer	Financial Management	Supply Chain Management	Development Support	Public Entities
i) Total number of employees currently working from home	0	0	0	0	0
ii) Number of employees who have special permission to work from home	0	0	0	0	0
iii) Reasons for granting such special permission	None	None	None	None	None
b) What date will such workers return to their respective offices?
Not Applicable

PLANNING, POLICY AND STRATEGY BRANCH

a) BRANCH:	PLANNING, POLICY AND STRATEGY (ALL DIRECTORATES)
i) Total number of employees currently working from home	0
ii) Number of employees who have special permission to work from home	0
iii) Reasons for granting such special permission	Not Applicable
b) What date will such workers return to their respective offices?
Not Applicable

COMMUNITY EDUCATION AND TRAINING BRANCH

a) BRANCH:	COMMUNITY EDUCATION AND TRAINING BRANCH (ALL DIRECTORATES)
i) Total number of employees currently working from home	0
ii) Number of employees who have special permission to work from home	0
iii) Reasons for granting such special permission	Not Applicable
b) What date will such workers return to their respective offices?
Not Applicable

SKILLS DEVELOPMENT BRANCH

a) BRANCH:	SKILLS DEVELOPMENT BRANCH CHIEF DIRECTORATES: INDLELA, NSA AND SETA COORDINATION
i) Total number of employees currently working from home	1 employee is currently working hybrid (from home and office) at SETA Coordination.
ii) Number of employees who have special permission to work from home	1 employee stated above was given special permission to work hybrid.
iii) Reasons for granting such special permission	She was granted special permission due to her critical but stable condition with comorbidity (lung problem).
b) What date will such workers return to their respective offices?
It is not possible to specify when she will fully return to office since her ill-health and state of vulnerability is unpredictable. She needs to be given reasonable accommodation to continue working.

BRANCH:	University Education
Total number of employees currently working from home	2
Number of employees who have special permission to work from home	2
Reasons for granting such special permission	Ill-health and family responsibility
What date will such workers return to their respective offices?
It is not possible to specify when they will fully return to office since her ill-health

BRANCH:	TVET
Total number of employees currently working from home	0
Number of employees who have special permission to work from home	0
Reasons for granting such special permission	N/A
What date will such workers return to their respective offices?: N/A

Reply:

(a)(b)(i)(ii) The Directorate for Priority Crime Investigation (DPCI) is still busy with the criminal investigation, since it was reported in June 2022 and as such, the DPCI would like to maintain the integrity of this ongoing criminal investigation without publicly divulging the steps that are being taken

Reply to question 2465 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
SF MASEMOLA
Date: 19-09-2022

Reply to question 2465 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 21/09/2022

Reply:

1. There has been a deliberate misinformation campaign on this ABIS issue and we were shocked to read a headline on a Sunday paper that claimed that Home Affairs has blown R300 million. Another one followed a few days later and claimed that the amount that has been blown is R450 million rand. It looks like there was a competition to misinform. On 2 August 2022 I did address this matter in my media response to these claims and outlined that an amount of R113 million was spent on hardware which is still in our possession and the warranty of the hardware is still valid. R110 million was spent on software that the project is still using and EOH delivered project services worth R56 million. The Department has outlined the steps it was taking to recoup its money in the form of penalties from EOH for not completing the project on time, as stipulated in the original contract. That legal process is on-going.

2. In relation to the current service provider for the Automated Biometric Identification System (ABIS), the department has already invoked penalty clauses for missing delivery deadlines.

3. The ABIS contract is milestone based meaning that once certain milestones are completed the department is duty bound to pay for the cost of the milestone. It must be noted that the recommendations of the forensic audit which was presented to the Portfolio Committee are being implemented. Names of those involved in any wrongdoing have been submitted to the Hawks, and other law enforcement agencies. Home Affairs has already opened a criminal case against certain individuals at the Pretoria Central Police Station on 5 March 2021. The case number is CAS 145/3/2021.

END

Reply:

(1)(a) The report from the Ministerial Review Committee was received by the Department, which outlined areas for further investigation. The report’s main recommendation is that a Multi-Disciplinary Task Team be appointed to conduct an in-depth investigation into the identified areas. The appointment of the Multi-Disciplinary Task Team is at an advanced stage. The Task Team is to consist of experienced senior counsels, forensic investigators, Data analyst and other related skills. The time frame to complete the investigation will be determined once the multi-disciplinary team is appointed following a procurement process.

(b) The following has been implemented:

Access control: All users have been requested to re-apply for user access to the Visa Adjudication System (VAS) to process permits and Visas online. This will limit abuse and access. Authorisation only granted to those approved to use the system to avoid ghost users

Fake users will be probed by the multidisciplinary team through data analytics/system analysis.

Legacy: DHA is in the process of implementing a new biometric information system called ABIS (Automated Biometric Information Sysem). The system will host information from the following: HANIS, NIIS, VAS and MCS.

Recommendations from the Nexia SAB&T investigation report on key loggers will be pursued by the Multi- Disciplinary Task Team.

(2) This will be determined once the Multi–Disciplinary Task Team has completed their investigation.

(3) This will be determined once the Multi- Disciplinary Task Team has completed their investigation.

END

Reply:

1. The report from the Ministerial Review Committee was received by the Department, which outlined areas for further investigation. The report’s main recommendation is that a Multi-Disciplinary Task Team be appointed to conduct an in-depth investigation into the identified areas. The appointment of the Multi-Disciplinary Task Team is at an advanced stage. The Task Team is to consist of experienced senior counsels, forensic investigators, Data analysts, and other related skills. This is because the team will do deep-dive investigations and may end up preparing dockets, develop plans to trace people, prepare documents for possible DCs, go to court to recover Government documents obtained fraudulently, and where appropriate trace people who need to be deported. This team will provide the details of the implicated officials after the in-depth investigation has been concluded.

2. The report from the Multi-Disciplinary Task Team will determine the hotspots which will be investigated.

3. Once the Multi-Disciplinary Task Team has completed their in-depth investigation, a report on what measures must be put in place to curb the criminal behaviour will be provided and then implemented.

(4)&(5) The report will inform the Department on the process to follow to revoke illegally obtained citizenship and the information needed to trace the illegal recipients.

END

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Reply:

The Department does not collect data on student loans of students from both (a) private and (b) public tertiary institutions who owe South African banks. South African financial institutions are the owners of loan contracts between students/parents and guardians and subsequently the requested data.  Financial institutions should have such data.

Reply:

The report from the Ministerial Review Committee was received by the Department, which outlined areas for further investigation. The report’s main recommendation is that a Multi-Disciplinary Task Team be appointed to conduct an in-depth investigation into the identified areas. The appointment of the Multi-Disciplinary Task Team is at an advance stage. The Task Team is to consist of experienced senior counsels, forensic investigators, Data analyst and other related skills. The team will conduct a deep-dive investigations.

The Multi-Disciplinary Task Team will provide advice on all permits issued fraudulently.

 

END

Reply:

1. The Department does vulnerability assessment and penetration tests from time to time. These are done by internal resources and also by external resources through the Internal Audit unit. The reports from these exercises are then shared with internal stakeholders like Application Management, Data Centre, and Networks. These reports come with findings of what needs to be fixed and by whom. The third party to do these vulnerability and penetration tests yearly is the Auditor General

2. The Department uses a variety of licences for different systems. These licences expire at different times based on when they were bought. The Department has not renewed licences for antivirus as there were delays in the procurement process of these licences. The specification has now been completed and approved by the Bid Adjudication Committee and is ready to be advertised.

END

Reply:

No, 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 National Health Laboratory Service is a South African national government institution established in terms of the National Health Laboratory Service Act 37 of 2000 to provide quality, affordable and sustainable health laboratory and related public health services to all public healthcare providers, other government institutions.

The Department however has a Memorandum of Agreement (MOA) with the Department of Health regarding registration of births at health facilities. The DHA and DOH are exploring the provision of providing paternity tests free of charge or at a minimal fee to indigent clients. This will be done within the current MOA between the two departments once modalities are finalised.

END

Reply:

1. Roles of the Department of Home Affairs and the Department of Employment and Labour are outlined hereunder:

Department of Home Affairs:

- Project Plan including, project costs, deliverables and milestones. This was submitted by DHA to National Treasury on 26 August 2022.

- Drafting and compiling the advertisements;

- Exercising oversight role through weekly meetings with officials working on the project from the Department of Employment and Labour.

- Monitoring and assessing the process on the response handling process which includes assessing response per role through the online portal of the Department of Employment and Labour, email as well as its walk-in centres. This further includes monitoring of the process in terms of the principles of fairness and transparency which is obtained through ensuring access to unemployed youth graduates in rural and township areas;

- Accountable for the final selection process which includes shortlisting and interviews;

- Appointment, overseeing the signing of the contract as well as the administration of payment of the unemployed youth graduates; and

- Overseeing administrative processes for the unemployed youth graduates e.g leave, training etc.

 

Department of Employment and Labour

- Providing Employment Services of South Africa (ESSA) – portal for online applications.

- Running the advertisement on its website; and

- Monitoring the number of applications per role and providing weekly reports to the DHA in terms of numbers of applications received on its online platform as well as the walk-in centres.

2. The acquisition process will be guided by the following principles:

• Fairness and transparency;
• Inclusivity of Females (60%) and Persons With Disabilities (PWDs);
• Open to unemployed youth across the country; and
• Ensure accessibility as the applications will be received through walk-in centres, Labour Centres and on digital platforms.

END

Reply:

(1) According to PERSAL for 2021/2022, the total number of foreign nationals appointed are 1901. It must be noted that PERSAL is limited in terms of statistics specifically in circumstances where persons may have dual citizenship.

(2) Of the 1901 majority, 1475, are in Professional posts (Occupational Specific Dispensation).

(3) The policy on the utilisation of foreign nationals to address human resource and skills needs in the public service advocates to provide mandates and processes according to which departments can address their human resource and skills needs in respect of critical occupations and critical skills by utilising foreign nationals. In terms of section 10(1)(a) of the Public Service Act, 1994 no person shall be appointed permanently to a post unless he or she is a South African citizen or permanent resident. Foreign nationals who are not in possession of a permanent residence permit may therefore only be employed temporarily in departments. The central principle is that the employment of South African citizens and permanent residents must receive preference and the utilisation of foreign nationals through their appointment in Public Service departments must be effected as a last resort.

End

Reply:

1. (a) (i) None.

(ii) Not applicable.

(iii) Not applicable.

(b) Not applicable.

2. No. there is no need to make a statement. The Department implemented the provisions of DPSA Circular no 38 of 2022 dated 29 June 2022.

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Reply:

1. (a) (i) (ii) A decision has not yet been taken on whether the term of office for Heads of Department (HODs) should be increased or not. Research and internal consultations are ongoing. This includes recommendations from the National Development Plan (NDP, 2012) which highlights the importance of the stability of the administrative leadership of the Public Service as well as a stable political-administrative interface on the performance of State institutions and for effective service delivery. The initial intent of a 5-year contract was to ensure that there is synergy in terms of the MTEF and MTSF to improve planning and execution of budgets and strategy. Experience has shown that this practice is often not aligned, as HoDs exit the system for various reasons and new ones come in more often than not in the middle of these cycles. Incumbents in HoD posts should ideally be in a position beyond the tenure of the political head for purposes of business continuity and delivery of the mandate.

(b)(i)(ii) Noting that the PMDS policy for HoDs require annual performance contracting and assessment, it is unlikely that changes to the tenure of HoDs will impact policy changes to the PMDS. It should be noted that measures to improve the performance of HODs and the rest of the Public Service are an ongoing process. The Department is however reviewing the Performance Management and Development System for the entire Public Service, including for HODs to ensure that the administrative capacity at DG level becomes about their capability; performance and capacity to manage and deliver.

2. Yes, research was conducted. This research considered data of DGs and HoDs from 1994 in terms of the measures that contributed to long lasting contracts, institutional performance and stability. The research conducted presented the option to keep the five (5) year contracts or increase them. Further consultations held on the outcome of the research, encouraged different schools of thought in the context of the research. This gave rise to considering the tenure with the options to retain the 5-year contracts or consider longer contracts with stricter performance reviews. Benchmarking was also conducted on the tenure of HoDs around the world and the impact on service delivery and performance of both the institution and the HODs.

3. (a) The intended impact is likely to be improving the stability at the leadership level which will in turn improve the operational and service delivery output of a department. As reported in 2 above, research has shown that where there is stability at the HOD level, the operational and organisation performance increases.

(b) This is a policy position which is being considered as part of the professionalization of the Public Service, there is no date, at this stage for implementation and a decision regarding the tenure of HoDs needs to still be formalised. The work related to this is in progress and still being consulted.

4. The amendments to the Public Service Act, 1994 consider the proposals made pertaining to same and an Amendment Bill is being proposed with due regard to the functions expected from the Head of Public Service. The consideration for longer term contracts go hand in hand with the original powers to be given to a HoD and the involvement of the Head of Public Service to support the President in the management of career incidents of Heads of Departments and at Provincial level the DG of the Province supporting the relevant Premier.

End

Reply:

Yes, Cabinet has put in place a process for government to consult all relevant players to not only discuss the consequences of a grey-listing by the Financial Action Task Force (FATF), but what steps to take to prevent it. Such consultations have included the banking sector, but also many other stakeholders, in both the private and public sector.

Such consultations have been coordinated and led by the National Treasury, in its capacity as the chair of the Interdepartmental Committee on Anti-Money Laundering and the Combating of the Financing of Terrorism (AML/CFT) that was established by Cabinet. The Committee includes officials from the Financial Intelligence Centre, the South African Reserve Bank, the South African Revenue Service, the Prudential Authority, the Financial Sector Conduct Authority, the Department of Social Development, the Department of Trade, Industry and Competition, the Special Investigating Unit, the Companies and Intellectual Property Commission, the State Security Agency, the Department of Justice and Constitutional Development, the National Prosecuting Authority, the South African Police Service’s Directorate for Priority Crime Investigation (HAWKS), the Department of Home Affairs and the Department of International Relations and Co-operation. to address the deficiencies that were identified in the Mutual Evaluation report.

The Honourable member should note that the Mutual Evaluation Report (MER) on South Africa (http://www.treasury.gov.za/publications/other/Mutual-Evaluation-Report-South-Africa.pdf) published by the FATF in October 2021 did not identify weaknesses that relate to the prosecution of financial crimes only, but a variety of weaknesses in the country’s AML/CFT system. Some of the weaknesses relate to the availability of beneficial ownership information, weaknesses in confiscation, weaknesses in investigations, weaknesses in the generation of financial intelligence information and weaknesses in the implementation of targeted financial sanctions for terrorist financing and proliferation financing. Such consultations have already assisted the government in the drafting of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill [B18-2022] that we I have just introduced in Parliament at the end of August 2022.

National Treasury has engaged with the Banking Association South Africa (BASA) and its member banks since the publication of the Mutual Evaluation report on the potential impact of a greylisting. The discussions have centred around the country’s efforts to avert a FATF greylisting as it could have adverse consequences for the country, including for trade and transactions with other countries. In particular, in the worst scenario where a country does not take remedial steps to address the deficiencies identified in the mutual evaluation report, domestic banks risk losing critical correspondent banking relationships with overseas banks, and more likely to be exposed to significant fines and penalties from overseas regulators, limiting or increasing the cost of doing business with foreign trading partners.

Reply:

(1)(a)(i) One (1) employee of the Department of Public Service and Administration is currently partially working from home.

(ii) The employee has special permission to work from home,

(iii) The reason for granting such special permission is health experts.

(1)(b) it is expected that the employee will be returning to the office on a full-time basis in January 2023 as per the recommendation the health expects.

(2) I do not have any objection to making a statement on the matter.

End

Reply:

(1) The Guide for Members of the Executive is publicly available of the website of the Department of Public Service and Administration and is available to Dr Schreiber. (2)(a) The Guide for Members of the Executive was last amended on 13 April 2022; and (b) The last amended Guide for Members of the Executive came into operation on 13 April 2022.

End

Reply:

(a) & (b) (i) (ii) The role of a Head of the Public Service is provided for in legislative amendments to the Public Service Act, 1994. The draft Public Service Amendment Bill envisages this role to be undertaken by the Director-General in the Presidency to, amongst others, support the President in managing the appointment and career incidents of national heads of department. The processing of the Public Service Amendment Bill is underway and it is anticipated that the Bill will be submitted to Parliament in the 2022/2023 financial year. As an interim measure, the Director-General in the Presidency has already been tasked with this role and support in this regard has been provided for in the Presidency. The matter related to tenure is still subject to consultation. The research and the policy development to inform the tenure of heads of department is still underway as part of the project on the professionalization of the Public Service. Once completed, the necessary amendments will be factored in the further amendment to the Public Service Act.

End

Reply:

1. No, the Financial Action Task Force (FATF) does not generally operate by issuing warnings to a country or focusing on specific incidents. I refer the Honourable Member to the Mutual Evaluation Report on South Africa (MER) (http://www.treasury.gov.za/publications/other/Mutual-Evaluation-Report-South-Africa.pdf) that the FATF published in October 2021, which is the core (and only) document that guides its assessment of South Africa’s performance or effectiveness with regard to the prosecution of financial crimes, particular its assessment of Immediate Outcomes 2 (on international co-operation), 6 (on financial intelligence), 7 (on money laundering investigations and prosecutions) and 8 (on confiscation). The Mutual Evaluation report does conclude that money laundering cases relating to state capture had not been sufficiently pursued in the past (up to November 2019 when the FATF assessment team came to South Africa for an onsite evaluation), and that cases referred to the National Prosecuting Authority by the Special Investigating Unit, were not being dealt with expeditiously.

The Mutual Evaluation report also identified that money laundering activities, in particular, major proceeds of crime generating offences, were being investigated and prosecuted to some extent, but only partly consistent with South Africa’s risk profile, and that wider money laundering activities by organized crime syndicates, including from those outside of South Africa, were not being sufficiently identified and targeted in the context of South Africa’s role as a regional financial hub.

2. FATF does not generally set any conditions against a country, and follows a specific methodology (https://www.fatf-gafi.org/media/fatf/documents/methodology/FATF%20Methodology%2022%20Feb%202013.pdf) to follow-up on a country’s deficiencies as identified in the mutual evaluation report that it has adopted for a country. As you are aware, South Africa received a very poor ratings assessment in its 2021 mutual evaluation, and as a result, has been placed in an enhanced follow-up process, which involves more frequent reporting to the FATF, until South Africa has addressed all the deficiencies that were identified. South Africa was also placed in a one-year observation period (from October 2021 to October 2022). The methodology FATF follows is outlined in various documents adopted by FATF, and are all available on its website.

To avoid a FATF greylisting, South Africa would need to demonstrate to the FATF that it has addressed the deficiencies that were identified both in relation to technical compliance (the adequacy of Anti-Money Laundering and the Combating of the Financing of Terrorism (AML/CFT) legal frameworks) and effectiveness (the implementation of the AML/CFT frameworks). South Africa needs to demonstrate to the FATF that it has made sufficient progress in addressing the 20 (out of 40) technical deficiencies that were identified, and show significant progress in addressing all 11 immediate outcomes deficiencies on effectiveness. The FATF Plenary in February 2023 will determine whether South Africa has made sufficient progress or not and whether to greylist South Africa.

3. No, it is not the sole responsibility of the FIC to address the deficiencies, but for Government as a whole to do so. Aside from Cabinet, responsible government departments and agencies include the National Treasury, the FIC, the South African Reserve Bank, the South African Revenue Service, the Prudential Authority, the Financial Sector Conduct Authority, the Department of Social Development, the Department of Trade, Industry and Competition, the Special Investigating Unit, the Companies and Intellectual Property Commission, the State Security Agency, the Department of Justice and Constitutional Development, the National Prosecuting Authority, the South African Police Service’s Directorate for Priority Crime Investigation (HAWKS), the Department of Home Affairs and the Department of International Relations and Co-operation. Cabinet has mandated the National Treasury to lead and co-ordinate all the above-mentioned departments and agencies, and hence the Director-General of National Treasury chairs an Interdepartmental Committee on AML/CFT that comprises all these departments and agencies.

Reply:

South Africa is not indifferent to what is going on in Ukraine. We are deeply concerned about the continuing conflict, the loss of lives and the deteriorating humanitarian situation. As a matter of urgency, there must be a cessation of hostilities, which would be the first step in a comprehensive response to the humanitarian crisis. We continue to stress that dialogue, mediation, and diplomacy are the only means to end the current conflict. As South Africa stated in the General Assembly, wars end when dialogue begins, and wars endure when there is no dialogue.

The international community must focus on finding a sustainable solution. It will not be found in isolating one party or bringing it to its knees. We do not want to go down the route following the Treaty of Versailles.

Constructive solutions focussed on addressing the humanitarian situation and promoting peaceful dialogue remains imperative. President Cyril Ramaphosa conveyed to all key stakeholders that South Africa stood ready to support the peaceful resolution of the conflict in Ukraine, with a view to bringing the violence to an end as speedily as possible. We are fully cognisant of the deliberate opposition to our call for peace and negotiations and continue to hold the view that in the end, negotiations will end the conflict.

South Africa encourages all parties to return to the negotiating table and to approach dialogue with the spirit of compromise in order to move the process forward without accusing any party, something that will not be helpful in the efforts to resolve the conflict. South Africa would like to see intensified efforts at increased diplomacy utilising the United Nations, particularly the Secretary-General and other leaders who may be of weight in terms of persuading the interlocutors to negotiate a settlement to the conflict between Russia and Ukraine.

Reply:

a)  The draft Compulsory National Water and Sanitation Services Norms and Standards has been certified by the State Law Advisor.

b) Certification of the initial phase Social Economic Impact Assessment by the Presidency is expected by the end of September, whereafter it will be published for public comment for a period of 60 days.

c) Publication of the Norms and Standards for public comments depends on the certification from Presidency, but the target is to publish by 15 October 2022.

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Reply:

1.a) During the Strategic Dialogue, the delegations of South Africa and the United States held fruitful discussions in the Trade and Investment and Infrastructure Commissions, amongst others. Discussions centred largely around the following topics, which are aimed at supporting economic recovery in South Africa and the continent.

• The establishment of a bilateral Trade and Investment Forum/Advisory Council: This body will have a strong focus on investment matters at a strategic level but will also deal with trade issues as they emerge. Its objective is to significantly boost trade and investment levels. It was proposed that the Forum be anchored by the DTIC, but also include participation by organisations such as Business Unity SA (BUSA) and business chambers.

• JET-P: The US indicated that it would consider providing additional funding based on the strength of the Investment Plan and its level of ambition. The Investment Plan will outline the investments required to achieve South Africa’s ambitious NDC targets and enable a just transition. The US offer amounts to just over US$1 billion. The bulk of this funding will be deployed to private sector projects through the US Development Finance Corporation (DFC), with the rest of the funding comprising small grants provided through a range of US aid agencies in the energy sector (up to $10m of grants and $10.5m of technical assistance).

• Extension of the African Growth and Opportunity Act (AGOA): South Africa advocated for the renewal of AGOA beyond 2025 in line with the African Common position, as it will open opportunities for enhanced exports to the US market, including value-added products from South Africa. The US pledged to support South Africa to maximise its advantages in this regard.

• Agriculture: South Africa called on the US to address non-tariff barriers around expanded market access for animal and plant products, which include poultry, egg products, avocado and citrus. An Agriculture Task Force has been established to focus on constructive collaboration, which will assist in resolving some of these market impediments on a product by product basis.

• Removal of tariffs: The removal of Section 232 tariffs on South African steel and aluminium imports into the US will allow for increased exports and assist with job creation. South Africa lobbied for a country exemption from these tariffs.

• Improvement of the Trade and Investment climate: Both sides agreed to review regulatory issues that stand in the way of greater levels of two-trade and investment, such as incentives in the film production and electric vehicle industries and South African concerns around anti-dumping duties.

• African Continental Free Trade Agreement (AfCFTA): Both sides agreed that the AfCFTA and AGOA could play a pivotal role in boosting economic relations.

• Global Supply Chains: The parties expressed concern about the challenges posed by dysfunctional global supply chains and undertook to collaborate, support and learn from each other to overcome obstacles. This issue also impacted negatively on continental trade and on food security, where it is believed the two sides could cooperate.

1. (b) The trade and investment relationship with the US is mutually beneficial and has created jobs in both countries. South Africa offers an attractive investment proposition because of its solid industrial base, manufacturing capacity, advanced technology, and world-class financial sector. South Africa is well placed to be a springboard for manufactured exports in the region and to foster the drive for enhanced regional integration, industrialisation, and infrastructure development under the auspices of the AfCFTA. The US private sector sees numerous opportunities for productive investments, including in the digital and green economy, that could be a catalyst for the development of regional supply chains. This would boost employment in South Africa, especially for the youth, and contribute to skills development and technology transfer.

2. The Strategic Partnership encompasses targeted support for vulnerable groups. The United States Agency for International Development (USAID) provides funding and technical support for programmes and interventions, which include the following, amongst others:

• The PEFPAR DREAMS programme, which contains various interventions to address key risk factors that make girls and young women particularly vulnerable to HIV. These address social vulnerabilities of adolescent girls and boys and young men and women by expanding testing options for youth and specialised prevention, including through pre-exposure prophylaxis for HIV, among children, adolescents, and youth.

• Partnership with the Department of Basic Education to strengthen the capacity of teachers to teach healthy sexuality and HIV education lessons that can improve life skills and reduce risky behaviours and early drop-out amongst school-going youth. The support is at national, provincial, district, and school levels to reduce the rate of new HIV infections among vulnerable youth, include the reduction of unwanted early teenage pregnancies, supporting direct linkages to health services, including the prevention of gender-based violence (GBV) and retention of adolescent girls in schools.

• Through its Democracy, Rights, and Governance work, USAID supports the Masiphephe Network to strengthen the local governance response to Gender Based Violence (GBV). For the 2022-2024 financial years, the priorities will include improving access to justice to decrease the incidence of violence against children, adolescents, and young women.

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The mentioned parolee was sentenced to twenty years in 2009 for murder and three counts of attempted murder. His sentence is set to expire on 2029/03/09. He completed his legislated Minimum Detention Period (MDP) on 2019/06/09 and was placed on parole on 2022/03/03 after serving twelve (12) years and nine (09) months of his 20 year sentence. He appeared before the Correctional Supervision and Parole Board (CSPB) on numerous occasions during which he was granted (07) further profiles because of outstanding issues which needed to be well addressed before he could be granted parole placement.

The involvement or participation of victims in the CSPB processes of considering the offenders for parole placement is directed primarily by section 299A of the Criminal Procedure Act 51 of 1977 which explains the right of a complainant to make representations in certain matters with regard to placement on parole, on day parole, or under correctional supervision further outlining that the court is to inform complainants and relatives (in the case of murder) when sentencing a person to imprisonment. In the event that the complainant intends to make representations they are to inform the Commissioner of correctional Services in writing and provide their address and to inform the Commissioner in the event there is a change of address.

Section 75(4) of the Correctional services Act 111 of 1998, provides that “Where a complainant or relative is entitled in terms of the Criminal Procedure Act, to make representations or wishes to attend a meeting of a Board, the National Commissioner must inform the Board in question accordingly and that Board must inform the complainant or relative in writing when and to whom he or she may make representations and when and where a meeting will take place”.

Numerous attempts to trace the victims of the crimes of parolee Mr M Harmse, were made with the assistance of Department of Home Affairs (DHA) and efforts were successful in tracking the victims on the count of murder, however, the victims of three attempted murder cases could not be found. Subsequent to successful tracing the victims were invited to participate in the Parole Board sitting which was held on 09 December 2019, during which both verbal and written submissions were made as part of the consideration for possible placement.

The Head Community Corrections confirmed that the Parolee is fully complying with his parole conditions.

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Reply:

South Africa has successfully used its membership of multilateral formations of the United Nations (UN), African Union (AU), Southern African Development Community (SADC), BRICS, Commonwealth, Non-Aligned Movement (NAM), G20 and G77 to promote a fairer, just, inclusive, equitable and representative multipolar international rules-based system, based on international law and the principles of the sovereign equality of all States, respect for their territorial integrity and mutual respect for the interests and concerns of all.

South Africa believes that multilateralism needs to be built on solidarity and cooperation between international, regional and sub-regional mechanisms, which will lead to more effective and adaptive responses to crises. This has been South Africa’s experience in championing UN and AU cooperation during the three terms South Africa has served so far on the UN Security Council.

South Africa used its participation in the G20, G7 and BRICS to secure practical actions to address contemporary global challenges such as the COVID-19 pandemic. We were able to achieve important outcomes. One of these was an agreement that multilateral financial institutions would implement a year-long debt standstill to provide liquidity for the economies of low- and middle-income countries and funding for businesses that experienced losses under COVID-19 restrictions.

We also actively argued in these fora for Africa to be a vaccine producer to reverse inadequate vaccine access for Africa. Today, six African countries are developing vaccine production processes and establishing facilities for this.

In 2021, the UN Secretary General gave the global community new hope when he presented a global vision of inclusive and transformed multilateralism. He proposed adoption of a common agenda for humanity that will see us address climate change, conflict, poverty and insecurity in a manner that promotes inclusion, shared development and equality.

South Africa continues to derive great value from the BRICS partnership. Our joint call with India, a fellow BRICS member, at the World Trade Organisation for the temporary suspension of intellectual property rights so that COVID-19 vaccines and other new technologies treatments and diagnostics are accessible for developing countries was an important intervention in the fight against COVID-19.

The virtual BRICS Vaccine Research and Development Centre was launched in March this year, and that is one of South Africa's BRICS Chairship legacy projects.

One of the important priorities in the AU agenda is the maintenance of peace and the prevention of conflict. In August 2021 South Africa assumed the rotational chairship of the SADC organ on politics, defence and security cooperation. Our Chairship focused on the political and security situation in the Kingdom of Lesotho, in Mozambique, the Democratic Republic of Congo and the Kingdom of Eswatini.

The goals of the international rules-based system are aligned with and advance the goals of South Africa’s National Development Plan (NDP). South Africa’s foreign policy objectives are outlined in the vision set out in the NDP, namely, that by 2030, South Africa, informed by its national interests, should be a globally competitive economy and an influential and leading member of the international community.

By achieving Vision 2030, South Africa should promote and contribute to democracy, the rule of law, human rights and peace and security. Through the NDP, South Africa aims to address the challenges of unemployment, inequality and poverty with a focus on driving a strong and inclusive economy.

Reply:

1. The current approved bed space at the Parys Correctional Centre is 68 and it should be noted that the infrastructure is aging. The construction of a new correctional centre has commenced on the existing site with an intention to add 176 new bed space.

2. The design of the new correctional centre as mentioned above is based on the new generation Unit Management principle which limits overreliance on human capital. Based on the design concept the Department will be in a position to manage the operational requirements with the current personnel establishment.

END.

Reply:

a) The table below provides a contrast of Remand Detainee populations at the various Correctional Centres before the admission of illegal minors and after admission. The arrested persons are detained at Heidelberg, Krugersdorp and Modderbee Correctional Centres.

Name of correctional centre	Number of remand detainees (18 July 2022)	Number of remand detainees (25 August 2022)	Percentage increase
Heidelberg	157	259	64.97%
Krugersdorp	1624	1901	17.06%
Modderbee	1791	1984	10.78%

b) Measures in place focused on strategies to reduce overcrowding as follows:

• Monthly Management Area Overcrowding Task Team meetings are held to distribute offenders between centers to alleviate overcrowding;
• A Regional transfer plan is implemented by transferring sentenced offenders to reduce overcrowding. Remand detainees cannot be transferred due to eminent court appearances;
• Implementation of section 63A of the Bail Protocol which makes provision for Heads of the Centre to lodge an application with the clerk of the court for review of bail for certain categories of remand detainees. Referrals to court are also done in line with section 49G of the Bail Protocol which also includes submission of details of remand detainees who have been in detention for longer than three months;
• The Department as participates in Case Flow and SAPS District Joint meetings during which overcrowding and more specifically arrests, prosecution, sentencing, detention, release and deportation of foreign nationals are discussed.

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Reply:

The Red Tape Reduction initiative comprises officials from the Presidency working with officials from the Department of Small Business Development and the Department of Trade, Industry and Competition, under the direction of Mr Sipho Nkosi. We are finalising securing of dedicated resources to bolster this capability.

This work builds on existing government efforts to reduce red tape and improve the business environment.

Engagements have been held with stakeholders to identify a range of impediments on which to focus.

So far, over 100 impediments and obstacles have been identified. A shortlisting process has identified issues where it is possible to make progress in a relatively short time.

For example, work is currently underway to assist with:

• the backlog and delays in the issuing of tourism transport licences, together with the Department of Transport and the industry;

• the backlog and delays in issuing work visas especially with respect to inter-company transfers, together with the Department of Home Affairs;

• obstacles to small business growth in the informal and township economy.

Reply:

1. The Department produced a draft Position Paper on the revised parole system for South Africa which was intended to form a basis for discussion and consultation with all role-players and other interested parties on proposals with a view to finalise an appropriate new parole system for South Africa. The Position Paper was consulted with National Council for Correctional Services (NCCS), Judicial Inspectorate for Correctional Services (JICS), Medical Parole Advisory Board (MPAB), and Parole Boards for inputs.

Thereafter, the Minister referred the matter to the National Council for Correctional Services in terms of section 84(2) of the Correctional Services Act, 111 of 1998.

The recommendations of the NCCS have been submitted to the Minister for consideration with a view to the way forward.

2. The table below reflects the serious crimes have been committed by parolees since 01 March 2020:

Nature of offence	01 March 2020 to 31 March 2021	2021/2022	Q1 of 2022/2023
Attempted rape	5	2	0
Murder	111	176	50
Rape	180	167	47
Robbery	360	247	71
Assault GBH	144	159	31
Domestic violence	90	103	0
Robbery Aggravating	10	37	38
Attempted Murder	33	29	6
Sexual Assault	20	4	7
Theft	132	260	123
Fraud	46	25	3
Assault	14	18	26
Possession of firearm	16	11	11
Arson	7	11	0
Kidnapping	6	7	4
House breaking with intent to rob	9	16	0
Damage of property	9	19	19
House breaking and theft	9	18	66
Pointing of firearm	12	11	0
Possession of drugs	5	4	13
Possession of stolen property	1	9	17
Conspiracy to commit murder	0	1	0
Damage/ interfering with essential infrastructure	1	1	1
Hijacking	10	7	1
Indecent assault	2	1	0
Culpable homicide	3	0	0
Violation of the protection order	2	0	15
Theft from car	1	0	1
Stock theft	1	2	0
Intimidation	0	1	0
Trespassing	0	0	5
TOTAL	1 239	1 346	555

END.

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The question asked has direct implication to the work of the Member of Executive Council (MEC) of the Eastern Cape Department of Education, not the Minister of Basic Education and therefore the Hon Member is advised to submit the question to the MEC for education in the Eastern Cape province.