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1. Yes, the Department of Justice and Constitutional Development (DoJ&CD) is able to provide maintenance statistics for each court and province for the period 2020-2021 financial year. The statistics below indicate the total number of applications made in respect of Civil Applications as indicated in Figure 1 below and Criminal Applications as indicated in Figure 2. A total number of 77 778 Civil Applications and 4 169 Criminal Applications were lodged during the 2020/2021 financial year

Figure 1: Maintenance Civil Application for the 2020/2021 financial year

Eastern Cape	Free State	Gauteng
Court	Number of Applications	Court	Number of Applications	Court	Number of Applications
Aberdeen	15	Bethlehem	378	Alexandra	423
Adelaide	10	Bethulie	25	Atteridgeville	444
Alexandria	59	Bloemfontein	1169	Benoni	303
Alice	60	Boshof	15	Boksburg	622
Aliwal North	173	Bothaville	53	Booysens	231
Barkly East	32	Botshabelo	461	Brakpan	159
Bedford	27	Brandfort	36	Bronkhorstspruit	198
Bizana	125	Bultfontein	92	Cullinan	87
Burgersdorp	46	Clocolan	54	Daveyton	448
Butterworth	204	Dealesville	21	Ekangala	88
Cala	34	Dewetsdorp	35	Fochville	262
Cathcart	13	Edenburg	11	Germiston	345
Centane	39	Edenville	20	Heidelberg	127
Cofimvaba	70	Excelsior	52	Johannesburg	885
Cradock	159	Fauresmith	38	Kagiso	334
Dordrecht	10	Ficksburg	91	Kempton Park	264
Dutywa	136	Fouriesburg	47	Krugersdorp	136
East London	629	Frankfort	123	Kwa Thema	169
Elliot	30	Harrismith	117	Lenasia	12
Elliotdale	64	Heilbron	128	Mamelodi	311
Ezibeleni	69	Hennenman	85	Meadowlands	16
Flagstaff	122	Hertzogville	37	Meyerton	172
Fort Beaufort	71	Hobhouse	12	Nigel	167
Gelvandale	125	Hoopstad	54	Oberholzer	324
Graaff-Reinet	90	Jacobsdal	66	Palm Ridge	949
Grahamstown	174	Jagersfontein	37	Pretoria	1219
Hankey	106	Kestell	24	Pretoria North	354
Humansdorp	263	Koffiefontein	60	Randburg	379
Indwe	7	Koppies	60	Randfontein	361
Jamestown	14	Kroonstad	394	Roodepoort	485
Jansenville	29	Ladybrand	73	Sebokeng	447
Joubertina	47	Lindley	73	Soshanguve	464
Keiskammahoek	31	Makwane	152	Soweto	943
King Williams Town	53	Marquard	60	Springs	169
Kirkwood	97	Memel	12	Tembisa	1179
Kwa Nobuhle	224	Odendaalsrus	242	Tsakane	204
Lady Frere	67	Parys	131	Vanderbijlpark	343
Lady Grey	23	Paul Roux	42	Vereeniging	167
Libode	84	Petrus Steyn	89	Westonaria	190
Lusikisiki	138	Petrusburg	42	-	-
Maclear	69	Philippolis	6	-	-
Maluti	162	Phuthaditjhaba	224	-	-
Mdantsane	405	Reddersburg	10	-	-
Middelburg	65	Reitz	130	-	-
Middledrift	59	Rouxville	22	-	-
Molteno	11	Sasolburg	290	-	-
Motherwell	716	Selosesha	350	-	-
Mount Ayliff	44	Senekal	94	-	-
Mount Fletcher	60	Smithfield	30	-	-
Mount Frere	71	Springfontein	14	-	-
Mqanduli	136	Steynsrus	43	-	-
Mthatha	417	Theunissen	69	-	-
New Brighton	697	Trompsburg	26	-	-
Ngcobo	125	Tseki	106	-	-
Ngqamakhwe	64	Tsheseng	49	-	-
Ngqeleni	182	Ventersburg	52	-	-
Pearston	1	Viljoenskroon	117	-	-
Peddie	54	Villiers	62	-	-
Port Alfred	1	Virginia	205	-	-
Port Elizabeth	805	Vrede	83	-	-
Port St Johns	72	Vredefort	44	-	-
Queenstown	187	Warden	31	-	-
Qumbu	66	Welkom	598	-	-
Seymour	1	Wepener	46	-	-
Somerset East	82	Wesselsbron	71	-	-
Sterkspruit	217	Winburg	51	-	-
Sterkstroom	13	Zastron	85	-	-
Steytlerville	6	-	-	-	-
Stutterheim	55	-	-	-	-
Tabankulu	61	-	-	-	-
Tarkastad	27	-	-	-	-
Tsomo	9	-	-	-	-
Uitenhage	177	-	-	-	-
Venterstad	30	-	-	-	-
Whittlesea	66	-	-	-	-
Willowmore	33	-	-	-	-
Willowvale	48	-	-	-	-
Zwelitsha	257	-	-	-	-
Sub-Total	9 320	Sub-Total	7 619	Sub-Total	14 380

Kwa-Zulu Natal	Limpopo	Mpumalanga
Court	Number of Applications	Court	Number of Applications	Court	Number of Applications
Babanango	8	Bela - Bela	129	Acornhoek	3
Bergville	38	Dzanani	273	Amersfoort	61
Camperdown	167	Ga-Kgapane	677	Amsterdam	37
Chatsworth	217	Giyani	632	Balfour	73
Colenso	3	Groblersdal	361	Barberton	136
Dannhauser	59	Lebowakgomo	486	Bethal	104
Dududu	39	Lenyenye	396	Breyten	56
Dukuza	20	Lephalale	179	Bushbuckridge	98
Dundee	67	Louis Trichardt	59	Carolina	71
Durban	384	Lulekani	139	Delmas	101
Ekuvukeni	22	Mahwelereng	467	Eerstehoek	138
Emlazi	518	Malamulele	428	Emakhazeni	54
Empangeni	148	Mankweng	507	Emalahleni	634
Eshowe	53	Modimolle	201	Emgwenya	26
Esikhawini	198	Mokopane	140	Ermelo	195
Estcourt	179	Mookgophong	90	Evander	338
Ezakheni	122	Morebeng	176	Graskop	40
Glencoe	36	Moutse	91	Hendrina	67
Greytown	48	Musina	244	Kabokweni	295
Harding	77	Mutale	152	Komatiepoort	14
Himeville	19	Namakgale	295	Kriel	147
Hlabisa	54	Nebo	323	Kwamhlanga	413
Hlanganani	72	Nkowankowa	431	Mashishing	139
Howick	149	Northam	168	Mbibana	134
Impendle	51	Phalaborwa	32	Mbombela	98
Ingwavuma	28	Phalala	219	Mdutjana	424
Inkanyezi	101	Polokwane	318	Middelburg	439
Ixopo	119	Praktiseer	676	Mkhuhlu	187
Izingolweni	43	Sekhukhune	475	Mkobola	205
Kokstad	54	Senwabarwana	293	Morgenzon	39
Kranskop	17	Seshego	617	Piet Retief	97
Kwadukuza	126	Thabazimbi	149	Sabie	54
Kwamsane	37	Thohoyandou	645	Secunda	63
Kwangwanase	56	Tiyani	207	Standerton	234
Ladysmith	93	Tshilwavhusiku	199	Thulamahashe	185
Louwsburg	3	Tshitale	101	Tonga	194
Madadeni	258	Tzaneen	57	Volksrust	53
Magudu	7	Vuwani	215	Wakkerstroom	9
Mahlabatini	69	Waterval	306	White River	15
Maphumulo	46	-	-	-	-
Matatiele	20	-	-	-	-
Melmoth	43	-	-	-	-
Mooi River	24	-	-	-	-
Mpumalanga	127	-	-	-	-
Msinga	51	-	-	-	-
Mtubatuba	131	-	-	-	-
Mtunzini	58	-	-	-	-
Ncotshane	110	-	-	-	-
Ndwedwe	50	-	-	-	-
New Hanover	87	-	-	-	-
Newcastle	62	-	-	-	-
Ngwelezane	127	-	-	-	-
Nkandla	35	-	-	-	-
Nongoma	142	-	-	-	-
Nqutu	126	-	-	-	-
Ntuzuma	463	-	-	-	-
Paulpietersburg	41	-	-	-	-
Phungashe	19	-	-	-	-
Pietermaritzburg	410	-	-	-	-
Pinetown	619	-	-	-	-
Point Branch Court	165	-	-	-	-
Pongola	2	-	-	-	-
Port Shepstone	195	-	-	-	-
Richmond	22	-	-	-	-
Scottburgh	172	-	-	-	-
Turton	51	-	-	-	-
Ubombo	90	-	-	-	-
Umbumbulu	267	-	-	-	-
Umzimkulu	95	-	-	-	-
Utrecht	26	-	-	-	-
Verulam	354	-	-	-	-
Vryheid	86	-	-	-	-
Weenen	12	-	-	-	-
Sub-total	8 087	Sub-total	11 553	Sub-total	5 670

North West	Northern Cape	Western Cape
Court	Number of Applications	Court	Number of Applications	Court	Number of Applications
Atamelang	65	Barkly West	162	Albertinia	18
Bloemhof	105	Britstown	26	Athlone	451
Brits	471	Calvinia	72	Atlantis	315
Christiana	76	Carnarvon	22	Beaufort West	179
Coligny	71	Colesberg	95	Bellville	635
Delareyville	104	De Aar	154	Bishop Lavis	667
Ditsobotla	151	Douglas	130	Bluedowns	498
Ganyesa	87	Fraserburg	19	Bonnievale	82
Ga-Rankuwa	707	Galeshewe	294	Bredasdorp	89
Groot Marico	15	Garies	14	Caledon	268
Kgomotso	70	Griquatown	20	Calitzdorp	52
Klerksdorp	450	Groblershoop	40	Cape Town	367
Koster	72	Hanover	20	Ceres	197
Lehurutshe	91	Hartswater	61	Clanwilliam	197
Lichtenburg	153	Hopetown	71	George	344
Madikwe	116	Jan Kempdorp	78	Goodwood	2
Mmabatho	476	Kakamas	84	Grabouw	24
Mogwase	382	Kathu	138	Heidelberg	14
Orkney	222	Keimoes	61	Hermanus	134
Ottosdal	36	Kenhardt	7	Hopefield	47
Phokeng	377	Kimberley	427	Khayelitsha	865
Potchefstroom	373	Kuruman	106	Knysna	176
Rustenburg	337	Mothibistad	234	Kuils River	379
Schweizer-Reneke	119	Noupoort	36	Laaiplek	17
Stilfontein	125	Olifantshoek	35	Ladismith	54
Swartruggens	36	Pampierstad	65	Laingsburg	14
Taung	143	Philipstown	73	Malmesbury	152
Temba	623	Pofadder	32	Mitchells Plain	529
Ventersdorp	117	Port Nolloth	9	Montagu	104
Vryburg	129	Postmasburg	194	Moorreesburg	49
Wolmaransstad	127	Prieska	83	Mossel Bay	56
Zeerust	63	Richmond	27	Murraysburg	38
-	-	Springbok	116	Nyanga	433
-	-	Sutherland	19	Oudtshoorn	309
-	-	Upington	261	Paarl	413
-	-	Victoria West	63	Piketberg	90
-	-	Warrenton	122	Porterville	42
-	-	Williston	8	Prince Albert	47
-	-	-	-	Riversdale	79
-	-	-	-	Robertson	189
-	-	-	-	Simons Town	251
-	-	-	-	Somerset West	162
-	-	-	-	Stellenbosch	125
-	-	-	-	Strand	165
-	-	-	-	Swellendam	149
-	-	-	-	Thembalethu	104
-	-	-	-	Tulbagh	45
-	-	-	-	Vanrhynsdorp	101
-	-	-	-	Vredenburg	50
-	-	-	-	Vredendal	87
-	-	-	-	Wellington	61
-	-	-	-	Wolseley	17
-	-	-	-	Worcester	696
-	-	-	-	Wynberg	554
Sub-Total	6 489	Sub-Total	3 478	Sub-Total	11 182
GRAND-TOTAL (CIVIL APPLICATIONS)	77 778

Figure 2: Number of Criminal Applications for the 2020/2021 Financial Year

Eastern Cape	Free State	Gauteng
Court	Number of Applications	Court	Number of Applications	Court	Number of Applications
Aberdeen	11	Bethulie	0	Atteridgeville	35
Adelaide	10	Bloemfontein	0	Benoni	1
Aliwal North	1	Bothaville	0	Brakpan	11
Bedford	2	Botshabelo	0	Bronkhorstspruit	0
Bizana	1	Brandfort	0	Cullinan	0
Butterworth	1	Bultfontein	72	Daveyton	0
Centane	5	Clocolan	2	Ekangala	0
Centane	0	Dewetsdorp	21	Fochville	0
Cradock	2	Edenburg	1	Germiston	0
Dutywa	11	Edenville MC	0	Heidelberg	0
East London	0	Excelsior	0	Kempton Park	2
Elliot	8	Fauresmith	2	Kwa Thema	34
Elliotdale	3	Ficksburg	8	Meyerton	4
Ezibeleni	4	Frankfort	5	Nigel	4
Flagstaff	4	Harrismith	16	Oberholzer	2
Grahamstown	0	Heilbron	2	Pretoria	87
Hankey	31	Hertzogville	4	Pretoria North	16
Humansdorp	139	Hobhouse	4	Randfontein	1
Jansenville	7	Hoopstad	36	Roodepoort	13
Keiskammahoek	2	Jacobsdal	28	Soshanguve	14
King Williams Town	2	Koffiefontein	26	Springs	12
Kirkwood	2	Kroonstad	0	Tsakane	0
Maclear	17	Ladybrand	0	Vanderbijlpark	26
Maluti	0	Lindley	2	Vereeniging	0
Mdantsane	0	Makwane	15	Wynberg	0
Middelburg	1	Memel	2	-	-
Motherwell	1	Odendaalsrus	11	-	-
Mount Ayliff	0	Petrus Steyn	1	-	-
Mount Fletcher	0	Petrusburg	11	-	-
New Brighton	380	Philippolis	10	-	-
Ngcobo	0	Phuthaditjhaba	3	-	-
Pearston	5	Reddersburg	8	-	-
Peddie	0	Reitz	12	-	-
Port Elizabeth	109	Rouxville	13	-	-
Queenstown	67	Sasolburg	63	-	-
Somerset East	0	Senekal	6	-	-
Sterkstroom	2	Smithfield	9	-	-
Steytlerville	10	Springfontein	2	-	-
Tabankulu	0	Steynsrus	0	-	-
Tarkastad	6	Theunissen	9	-	-
Uitenhage	25	Trompsburg	14	-	-
Whittlesea	1	Tsheseng	15	-	-
Willowmore	1	Ventersburg	2	-	-
Zwelitsha	24	Villiers	11	-	-
-	-	Virginia	70	-	-
-	-	Vrede	16	-	-
-	-	Welkom	195	-	-
-	-	Wepener	7	-	-
-	-	Winburg	13	-	-
-	-	Zastron	38	-	-
Sub-Total: 895	Sub-Total: 785	Sub-Total: 262

Kwa-Zulu Natal	Limpopo	Mpumalanga
Court	Number of Applications	Court	Number of Applications	Court	Number of Applications
Chatsworth	0	Bela - Bela	9	Amersfoort	8
Colenso	3	Dzanani	55	Barberton	0
Ekuvukeni	0	Ga-Kgapane	13	Bethal	0
Emlazi	0	Groblersdal	0	Breyten	0
Eshowe	0	Lebowakgomo (Thabamoopo)	2	Delmas	0
Estcourt	3	Lenyenye	27	Eerstehoek	2
Ezakheni	2	Lephalale	0	Ermelo	3
Ezakheni	0	Louis Trichardt	4	Evander	4
Greytown	0	Lulekani	1	Graskop	4
Harding	6	Mahwelereng	0	Mashishing	0
Himeville	0	Malamulele	30	Mbibana (Vaalbank)	0
Hlabisa	0	Mankweng	25	Mbombela (Nelspruit)	0
Hlanganani	1	Modimolle	8	Mhala / Thulamahashe	0
Howick	7	Mokopane	9	Middelburg	2
Inkanyezi Nyoni Madadeni	0	Mookgophong	30	Middelburg	1
Mooi River	3	Morobeng (Sekgosese)	2	Mkobola	5
Mtunzini	0	Moutse	1	Morgenzon	13
Ncotshane	0	Musina	0	Sabie	0
Newcastle	2	Namakgale	36	Secunda	1
Ntuzuma	0	Nebo	2	Standerton	3
Paulpietersburg	1	Nkowankowa	7	Volksrust	4
Pietermaritzburg	0	Phalaborwa	8	Wakkerstroom	2
Pinetown	2	Phalala	1	White River	4
Port Shepstone	0	Polokwane	0	-	-
Scottburgh	0	Praktiseer	5	-	-
Umzimkulu	0	Sekhukhune	0	-	-
Utrecht	0	Senwabarwana	60	-	-
Vryheid	1	Seshego	12	-	-
Weenen	0	Thabazimbi	17	-	-
-	-	Thohoyandou	0	-	-
-	-	Tiyani	25	-	-
-	-	Tshilwavhusiku	22	-	-
-	-	Tshilwavhusiku	0	-	-
-	-	Tshitale	40	-	-
-	-	Vuwani	27	-	-
-	-	Waterval	60	-	-
Sub-Total: 31	Sub-Total: 538	Sub-Total: 56

North West	Northern Cape	Western Cape
Court	Number of Applications	Court	Number of Applications	Court	Number of Applications
Atamelang	2	Barkly West	0	Albertinia	11
Bloemhof	0	Britstown	6	Athlone	27
Brits	11	Calvinia	4	Atlantis	4
Coligny	1	Carnarvon	10	Beaufort West	39
Ditsobotla	1	Colesberg	0	Bellville	13
Ga-Rankuwa	0	De Aar	19	Bishop Lavis	72
Klerksdorp	0	Douglas	17	Bluedowns	20
Lichtenburg	1	Fraserburg	0	Bonnievale	5
Madikwe	1	Galeshewe	16	Bredasdorp	1
Mmabatho	3	Griquatown	10	Calitzdorp	13
Ottosdal	0	Groblershoop	0	Cape Town	11
Potchefstroom	32	Kakamas	49	Ceres	0
Rustenburg	1	Kathu	2	Clanwilliam	1
Schweizer-reneke	5	Keimoes	7	George	2
Swartruggens	1	Kenhardt	4	Heidelberg	0
Temba	3	Kuruman	7	Heidelberg	1
Ventersdorp	1	Mothibistad	0	Hopefield	32
Vryburg	0	Pampierstad	0	Khayelitsha	8
Wolmaransstad	2	Philipstown	23	Kuils River	30
-	-	Pofadder	21	Ladismith	0
-	-	Hanover	0	Ladismith	2
-	-	Hartswater	4	Laingsburg	2
-	-	Hopetown	7	Malmesbury	39
-	-	Jan Kempsdorp	9	Mitchells Plain	35
-	-	Port Nolloth	2	Montagu	1
-	-	Postmasburg	24	Moorreesburg	9
-	-	Prieska	8	Mossel Bay	8
-	-	Sutherland	0	Nyanga	46
-	-	Upington	144	Oudtshoorn	66
-	-	Warrenton	14	Paarl	121
-	-	Williston	9	Piketberg	22
-	-	-	-	Porterville	31
-	-		-	Prince Albert	4
-	-	-	-	Riversdale	75
-	-	-	-	Robertson	9
-	-	-	-	Simon's Town	0
-	-	-	-	Somerset West	8
-	-	-	-	Stellenbosch	8
-	-	-	-	Strand	1
-	-	-	-	Swellendam	86
-	-	-	-	Thembalethu	0
-	-	-	-	Tulbagh	3
-	-	-	-	Uniondale	0
-	-	-	-	Wellington	1
-	-	-	-	Wolseley	4
-	-	-	-	Worcester	40
-	-	-	-	Wynberg	210
Sub-Total: 65	Sub-Total: 416	Sub-Total: 1 121
Grand Total: 4 169

2. The DoJ&CD has not implemented the Act as a result of a gap in the enabling provision. Whereas the Department initially developed guidelines to initiate the process to implement section 26(2A) of the Maintenance Act, 1998 (Act No. 99 of 1998) (the Act), it was realised that there is no provision creating a corresponding obligation for the Credit Bureaus to receive and use the information as provided for in the Act.

In view of this gap, the Department has requested the Legislative Development Branch to include the amendment of the Act to create this corresponding obligation to enable the Credit Bureaus to receive the orders and act accordingly. An amendment will be made through the Judicial Matters Amendment Bill to be introduced in Parliament later on during the year.

The “Blacklisting” provision of the Act, section 26(2A) cannot be implemented as it stands, and therefore the Department cannot provide statistics on the number of defaulters who have been blacklisted.

3. The DoJ&CD is unable to provide the breakdown figures of the blacklisted persons in each maintenance court and province for the specified periods since the provision could not be implemented as indicated above.

END

Reply:

The Department has not implemented the referral of to the credit bureaus of default orders as the Maintenance Amendment Act, 2015 (Act No. 9 of 2015). There is a gap in the current legislation which prevents the implementation of section 11 of Act No. 9 of 2015 as it does not create a correlative responsibility for the credit bureaus to receive the default orders from the Maintenance Clerks and Maintenance Officers. Although the Department developed an internal circular to guide the officials on how to deal with the forwarding of the default orders, this circular has not been implemented pending the legislative amendment of the provision of the Act which will include the correlative responsibility for the credit bureaus to receive and use this information against the defaulters’ credit rating. The Department is currently monitoring defaulters through keeping of a Database of Defaulters pending the amendment of the Act No. 9 of 2015.

The Department acknowledges the need for the speedy amendment of section 26 (2A) of the Act. In view of this gap, the Department has requested the Legislative Development Branch to include the amendment of the Act to create this corresponding obligation to enable the Credit Bureaus to receive the orders and act accordingly. An amendment will be made through the Judicial Matters Amendment Bill to be introduced in Parliament later on during the year.

Reply:

(a)(i) The Small Scale Mining (SSM) Framework aimed at formalising artisanal mining is in place (30th March 2022 gazetted Artisanal and Small-Scale Mining Policy). However, the support will be provided without compromising environmental, social and governance (ESG) principles and therefore where human settlements are established mining cannot be conducted. The rehabilitation of derelict and ownerless mines is aimed at closing shafts/tunnels used by illegal operators to access areas where no authority to mine can be given. Illegal Mining is prohibited by law and security agencies SAPS is the lead agent dealing with illegal mining in the country including on people’s backyards. Perpetrators of illegal mining activities will be liable for prosecution. (ii) the Department is constantly working on eradicating the backlog with the main focus on mining rights.

(b) (i) The DMRE introduced a Women Diggers programme. The Department set aside funds to support women to participate in the small-scale mining. 23 women received theoretical and on-the-job practical training on small-scale mining facilitated by Mintek and Mining companies. The mining companies provided on the job training. The department is now facilitating the permit application and funding for some of the women diggers who have completed training and identified sites for mining. (ii) In terms of assisting the small-scale miners with mining equipment’s the framework objective is to ensure that the collaboration between different economic departments (Small Business Development and Trade, Investment and Competition) is enhanced and formalised. Furthermore, the DMRE regional managers continues to provide small-scale miners with relevant information and guidance regarding institutions where they could be equipped with necessary and relevant skills

Reply:

1. The role of a Head of the Public Service is being 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 the support in this regard has been provided for in the Presidency.

2. 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:

a) The number of operating mines in all provinces is 573

b) and (c) Please see “Annexure A”

Reply:

This question should be directed to the Department of Water and Sanitation (DWS) because in terms of the National Water Act, 1998 (Act No. 36 of 1998), the DWS is responsible for the regulation of water use in South Africa by ensuring that water is allocated equitably and used beneficially in the public interest. Furthermore, the DWS is mandated to protect, manage and control the groundwater resources of the country.

It is hereby recommended that this PQ 2284 be re-directed to the Department of Water and Sanitation in accordance with their mandate provided by the relevant legislation.

Reply:

(1) The District Development Model (DDM) approach was approved by Cabinet in August 2019.  Cabinet also approved that the DDM should be piloted in three areas, namely eThekwini (Kwa-Zulu Natal), OR Tambo (Eastern Cape) and Waterberg (Limpopo).  Subsequently, the Department of Cooperative Governance (DCOG) entered into a Memorandum of Understanding with the Development Bank of Southern Africa (DBSA) on 3 March 2020 to act as the implementing agent to the department for the establishment of the Programme Management Office (PMO) and rolling out Phase 1 of the DDM in the three pilots.

(a)    The total actual expenditure incurred as at 28 February 2022 amounted to R88,2 million.

(b)    The funding was spent on the establishment of the PMO and the three pilot districts, namely eThekwini, OR Tambo and Waterberg.

(c)    The following DDM projects were funded from the expenditure mentioned in (a) above:

1. Establishment of the PMO (staffing and operational costs);
2. Establishment of the three pilot hubs (staffing and operational costs);
3. Strengthening the capacity of the National Disaster Management Centre (staffing costs);
4. Development of the One Plans for the three pilots;
5. Integrated Urban Development Framework (IUDF) – development of four (4) Capital Expenditure Frameworks and five (5) Infrastructure Asset Management Plans for identified Intermediate City Municipalities;
6. Development of the National Local Economic Development Implementation Plan;
7. Conducting of a feasibility study for the implementation of Shared Services in OR Tambo and Waterberg pilots;
8. Development of the DDM Integrated Monitoring and Evaluation Framework and associated draft Process and Procedure Manual; and
9. Development of the DDM Information Management System solution architecture, cloud hosting environment and One Plan prototype.

(2) No, the Minister does not intend to make statement on the matter.

Reply:

1. According to the PERSAL information, a total number of 1819 Senior Managers who do not have required qualifications were appointed before the Public Service Regulations of 2016.

2. (a) Breakdown for National departments

Department	Qualification updates by 31 October 2021	Qualification updates by 31 January 2022
Agriculture, Land Reform and Rural Development	72	70
Communications and Digital Technologies	15	14
Correctional Services	55	52
Education	1	0
Employment and Labour	48	47
Higher Education and Training	50	49
Human Settlements	30	29
International Relations and Cooperation	32	30
Justice and Constitutional Development	152	147
National School of Government	4	3
National Treasury	64	63
Public Enterprises	13	11
Public Works and Infrastructure	48	47
Science and Innovation	14	13
Women, Youth and Persons with Disabilities	8	2

(b) Breakdown for Provincial departments

Eastern Cape

Department	Qualification updates by 31 October 2021	Qualification updates by 31 January 2022
None

Free State

Department	Qualification updates by 31 October 2021	Qualification updates by 31 January 2022
Agriculture	18	17
Office of the Premier	8	7
Police, Roads and Transport	11	6
Provincial Treasury	6	5

Gauteng

Department	Qualification updates by 31 October 2021	Qualification updates by 31 January 2022
Co-operative Governance and Traditional Affairs	15	14
Education	44	36
Health	53	51
Infrastructure Development	12	11
Office of the Premier	33	31
Provincial Treasury	29	27
Roads and Transport	20	19

KwaZulu-Natal

Department	Qualification updates by 31 October 2021	Qualification updates by 31 January 2022
Finance	19	17
Human Settlement	7	5
Office of the Premier	15	14

Limpopo

Department	Qualification updates by 31 October 2021	Qualification updates by 31 January 2022
Health	39	38
Office of the Premier	8	7
Sport and Culture	5	4

Mpumalanga

Department	Qualification updates by 31 October 2021	Qualification updates by 31 January 2022
Agriculture, Rural Development, Land and Environmental Affairs	7	6
Public Works, Roads and Transport	13	12

North West

Department	Qualification updates by 31 October 2021	Qualification updates by 31 January 2022
Community Safety and Transport Management	5	4
Cooperative Governance and Traditional Affairs	9	8
Office of the Premier	15	14

Northern Cape

Department	Qualification updates by 31 October 2021	Qualification updates by 31 January 2022
Office of the Premier	8	7
Sport, Arts and Culture	7	6

Western Cape

Department	Qualification updates by 31 October 2021	Qualification updates by 31 January 2022
Office of the Premier	16	15

3. There was no extension provided to departments, departments are gradually responding to circular HRD0301 to update PERSAL data.

4. Currently capturing of qualification on PERSAL is not mandatory and no punitive measures are employed. Until such time when capturing of qualification on PERSAL is made mandatory, then the department will employ punitive measures.

5. PERSAL is specifically designed for payment of employees’ salaries and capturing of qualification is not mandatory. However, to monitor compliance in terms of the implementation of the PSR, 2016 and the Directive on compulsory capacity development, mandatory training days and minimum entry requirements for members of senior management service in the Public Service, the Department will prepare individual letters to Head of Departments requesting them to provide proof of qualifications for Senior Managers who were appointment during the implementation of the Public Service Regulations, 2016 and the said Directive.

Reply:

In terms of section 139(7) of the Constitution of the Republic of South Africa, 1996, the national executive must intervene in terms of section 139(4) or (5) if the provincial executive cannot or does not adequately exercise the powers or perform the functions referred to in subsection 139(4) or (5) of the Constitution. 

The Department of Cooperative Governance (DCoG), as part of the Inter-Ministerial Task Team (IMTT) chaired by the Deputy President, His Excellency Mr David Mabuza, on electricity with the Department of Public Enterprises (DPE), National Treasury (NT), the South African Local Government Association (SALGA), Eskom and the Department of Energy (DE), is leading a responsible citizenry campaign to educate consumers on the benefits of paying for municipal services and rates. All Departments are also required to support the campaign by ensuring that they settle their debt with municipalities. Stakeholder engagements have been undertaken with various municipalities to discuss the support and the institutionalisation of the campaign in each municipality. 

In line with the Inter-governmental Relations Framework Act, the Department appointed inter-governmental dispute resolution facilitators in all provinces to deal with inter-governmental disputes and to process and verify the amount of debt owed by organs of state to municipalities, and in turn the debt owed by municipalities to Eskom and water boards.

Reply:

I have been advised by the Department of Traditional Affairs that the court judgement directed that the matter be referred to the family to start the process of identifying the rightful heir anew and the Kwa-Zulu Natal Department of Cooperative Governance and Traditional Affairs has advised that they are facilitating the process. The KZN province has further indicated that after initial delays emanating from them seeking legal advice on the matter, they are now in the process of formalising the withdrawal of recognition of ibamba and the reinstatement of inkosi in his position.

Reply:

1. I have been advised by the Department of Cooperative Governance that the following response is based on information that was obtained from the Independent Electoral Commission (IEC) on persons that are presently serving as members of municipal councils, and which was subsequently forwarded to the Department of Public Service and Administration (DPSA) to verify their details against records that are maintained on the Personal and Salary System (PERSAL).

a) According to the information provided by the DPSA, there are 281 total number of public servants that are currently serving as councillors in the municipal councils as at 31 May 2022.

b) The tables below provide the national and provincial departmental breakdown of the specified councillors, respectively:

i. National Departments

 

National Departments	Cllrs	Total
	PR	WD
Total	19	11	30
Correctional Services	5	-	5
Employment and Labour	-	1	1
Higher Education and Training	12	9	21
Justice and Constitutional Development	-	1	1
Police	2	-	2

 

ii. Provincial Departments

Provincial Departments	Cllrs	Total
	PR	WD
Total	144	107	251
Eastern Cape	Total	11	5	16
	Education	8	3	11
	Health	1	2	3
	Roads and Public works	1	-	1
	Transport	1	-	1
Free State	Total	4	6	10
	Education	4	3	7
	Health	.	3	3
Gauteng	Total	3	3	6
	Education	3	2	5
	Human Settlements	.	1	1
KwaZulu-Natal	Total	74	76	150
	Agriculture and Rural Development	1	-	1
	Co-operative Governance and Traditional Affairs	-	2	2
	Economic Development, Tourism and Environmental Affairs	1	-	1
	Education	64	65	129
	Health	5	7	12
	Office of the Premier	-	1	1
	Social Development	2	1	3
	Transport	1	-	1
Limpopo	Total	29	9	38
	Agriculture and Rural Development	1	-	1
	Co-operative Governance, Human Settlements and Traditional Affairs	2	-	2
	Economic Development, Environment and Tourism	-	1	1
	Education	19	4	23
	Health	3	1	4
	Social Development	2	1	3
	Sports, Arts and Culture	1	2	3
	Transport and Community Safety	1	-	1
Mpumalanga	Total	7	4	11
	Community Safety, Security and Liaison	-	1	1
	Education	4	3	7
	Health	1	-	1
	Public Works, Roads and Transport	2	-	2
North West	Total	2	1	3
	Education	2	-	2
	Social Development	-	1	1
Northern Cape	Total	12	3	15
	Education	7	1	8
	Health	5	1	6
	Roads and Public Works	-	1	1
Western Cape	Total	2	-	2
	Education	2	-	2

 

Reply:

The Department has engaged with Waterberg District and Bela – Bela Local Municipality to ascertain the potential damage and the envisaged assistance needed to support the street vendors in Bela – Bela. All three stakeholders have agreed to have formal discussions to assist the Bela Bela local Municipality to apply for the shared economic infrastructure facility to build stalls or containers for the informal business. Once such engagements have taken place, a permanent solution will be found to address this situation.

STELLA NDABENI-ABRAHAMS

MINISTER: DEPARTMENT OF SMALL BUSINESS DEVELOPMENT

Reply:

1 (a) (i) (aa) 2020/21 financial year: There were 10 vacant posts of Directors-General in National Departments. Annexure A.

(bb) 2021/22 financial year: There are 10 vacant posts of Directors-General in National Departments. Annexure A.

(ii) (aa) 2020/21 financial year: There were 26 vacant posts of Heads of Department in Provincial Departments. Annexure A.

(bb) 2021/22 financial year: There are 27 vacant posts of Heads of Department in Provincial Departments. Annexure A.

(b) The Minister has supported the President in the provision of delegations of authority for all vacant National Director-General posts. The prerogative to fill a HoD post provincially resides with the relevant Premier.

The Minister for the Public Service and Administration as per Section 3 of the Public Service Act, 1994 is responsible establishing norms and standards for the Public Service relating to-

(a) the functions of the public service;

(b) the organisational structures and establishments of departments and other organisational and governance arrangements in the public service;

(c) the conditions of service and other employment practices for employees;

(d) labour relations in the public service;

(e) health and wellness of employees;

(f) information management in the public service;

(g) electronic government;

(h) integrity, ethics, conduct and anti-corruption in the public service; and

(i) transformation, reform, innovation and any other matter to improve the effectiveness and efficiency of the public service and its service delivery to the public.

It must be noted that the filling of a post within a department is the responsibility of the relevant executive authority in terms of Section 3(7) of the Public Service Act, 1994. The practice of recruitment is decentralised to the relevant Executive Authority.

The MPSA and DPSA continue to support departments through policy and setting of standards in order to efficiently fill vacancies within the parameters of the legislative framework. The responsibility to fill such vacant posts reside with the relevant Executive Authority.

2. The information was downloaded from PERSAL on 04th May 2022, and excludes data from Defence and State Security Agency.

(a) The total number of public servants who are on suspension with full pay are as follows:

(aa) 478 for the 2020-2021 year

(bb) 584 for the 2021-2022 year

(b) For the period of time the above public servants have been on suspension with full pay see the attached annexures B and C (column named “no days suspended”).

(ii) For the cost to the State, broken down in terms of each national and provincial department, see the attached annexures B and C (column named “cost”).

Reply:

The Spaza Shop Support Programme as implemented by the Small Business Development Portfolio (the Department of Small Business Development [DSBD], the Small Enterprise Development Agency [Seda] and the Small Enterprise Finance Agency [sefa] is linked to a broader process of value chain development within the retail space of spaza shops that are owned by South Africans. This includes the concurrent linking up of beneficiaries with wholesalers, bulk buying arrangements done through South African Spaza Support Associations, access to SMME products at wholesalers by South African-owned spaza shops through localisation efforts of the DSBD and its entities as well as the formalisation and strengthening of these South African-owned spaza shops by working with municipalities and the Banking sector.

Secondly, the DSBD has facilitated the participation of relevant public sector and private sector role-players in the development and strengthening of spaza shops that are owned by South Africans by providing access to the tools developed by these role-players. This equips South African spaza shops to become more competitive within the areas in which they operate.

Thirdly, the Department is reviewing the Businesses Act no.71 of 1991 with the intention of amending the legislation to provide for norms and standards, a common business licensing framework and better protection for South African informal traders including spaza shops. The proposed amendments would also include provisions for the Minister to issue regulations and directives necessary for the effective implementation of the Act.

In addition to the above the DSBD is assisting with the transitioning of informal spaza shops to formality by providing assistance with regulatory requirements and instruments such as company registration and compliance with tax and labour legislation through Seda. This transition allows South African spaza shops to gain access to opportunities for growth and sustainability within the mainstream economy as described under the first point above.

Through all these efforts, the DSBD can capture and record South African spaza shops into a single database that allows the state to monitor and regulate the trends within the retail space that is occupied by spaza shops while at the same time providing support to South African spaza shops as described above.

As of 31 March 2022, non-financial support was provided to 10 574 Spaza shops through Seda. Furthermore, through sefa we approved and disbursed funding to 5 907 Spaza shops to the value of R36 945 500.00 which facilitated 6 633 jobs.

STELLA NDABENI-ABRAHAMS

MINISTER: DEPARTMENT OF SMALL BUSINESS DEVELOPMENT

Reply:

a) 2 364

b) 

(i) NATIONAL DEPARTMENTS

Agriculture, Land Reform and Rural Development	72
Basic Education	7
Civilian Secretariat for the Police Service	2
Communication and Digital Technologies	14
Cooperative Governance	32
Correctional Services	51
Employment and Labour	46
Environment, Forestry and Fisheries	20
Government Communication and Information System	5
Health	41
Higher Education and Training	47
Home Affairs	48
Human Settlements	28
Independent Police Investigative Directorate	9
International Relations and Cooperation	27
Justice and Constitutional Development	144
Military Veterans	2
Mineral Resources and Energy	25
National School of Government	3
National Treasury	63
Office of the Chief Justice	7
Office of the Public Service Commission	3
Planning, Monitoring and Evaluation	12
Police	214
Public Enterprises	12
Public Service and Administration	9
Public Works and Infrastructure	49
Science and Innovation	13
Small Business Development	4
Social Development	16
Sports, Arts and Culture	11
Statistics South Africa	14
The Presidency	16
Tourism	16
Trade, Industry and Competition	18
Traditional Affairs	8
Transport	27
Water and Sanitation	74
Women, Youth and Persons with Disabilities	2

TOTAL : 1211

(ii) PROVINCIAL DEPARTMENTS

EASTERN CAPE

Cooperative Governance and Traditional Affairs	10
Economic Development, Environmental Affairs and Tourism	14
Education	18
Health	39
Human Settlements	13
Office of the Premier	4
Provincial Treasury	1
Roads and Public Works	3
Rural Development and Agrarian Reform	15
Safety and Liaison	1
Social Development	15
Sport, Recreation, Arts and Culture	16
Transport	6

FREE STATE

Agriculture	16
Cooperative Governance and Traditional Affairs	9
Economic Development, Tourism and Environmental Affairs	8
Education	14
Health	13
Human Settlements	2
Office of the Premier	7
Police, Roads and Transport	5
Provincial Treasury	5
Public Works	6
Social Development	6
Sports, Arts, Culture and Recreation	3

GAUTENG

Agriculture and Rural Development	22
Cooperative Governance and Traditional Affairs	14
Community Safety	11
E-Government	15
Economic Development	11
Education	33
Health	50
Human Settlements	16
Infrastructure Development	12
Office Of the Premier	30
Provincial Treasury	26
Roads and Transport	19
Social Development	2
Sports, Arts, Culture and Recreation	13

KWAZULU-NATAL

Agriculture and Rural Development	2
Arts and Culture	7
Co-operative Governance and Traditional Affairs	5
Community Safety and Liaison	6
Economic Development, Tourism and Environmental Affairs	15
Education	28
Finance	17
Health	10
Human Settlements	4
Office Of the Premier	14
Public Works	4
Social Development	10
Sports and Recreation	0
Transport	19

LIMPOPO

Agriculture and Rural Development	5
Co-operative Governance, Human Settlements and Traditional Affairs	17
Economic Development, Environment and Tourism	9
Education	23
Health	34
Office of the Premier	7
Provincial Treasury	3
Public Works, Roads and Infrastructure	13
Social Development	5
Sports, Arts and Culture	4
Transport and Community Safety	14

MPUMALANGA

Agriculture, Rural Development, Land and Environmental Affairs	6
Co-operative Governance and Traditional Affairs	5
Community Safety, Security and Liaison	3
Culture, Sport and Recreation	2
Economic Development and Tourism	7
Education	14
Health	25
Human Settlements	14
Office of the Premier	8
Provincial Treasury	8
Public Works, Roads and Transport	12
Social Development	9

NORTH WEST

Agriculture and Rural Development	12
Arts, Culture, Sports and Recreation	3
Community Safety and Transport Management	4
Co-operative Governance and Traditional Affairs	9
Economic Development, Environment, Conservation and Tourism	5
Education	10
Health	7
Human Settlements	2
Office of the Premier	11
Provincial Treasury	21
Public Works and Roads	17
Social Development	8

NORTHERN CAPE

Agriculture, Environmental Affairs, Rural Development and Land Reform	7
Co-operative Governance, Human Settlements and Traditional Affairs	3
Economic Development and Tourism	10
Education	10
Environment and Nature Conservation	0
Health	10
Office of the Premier	7
Provincial Treasury	3
Roads and Public Works	8
Social Development	5
Sport, Arts and Culture	6
Transport, Safety and Liaison	6

WESTERN CAPE

Agriculture	1
Community Safety	0
Cultural Affairs and Sport	0
Economic Development and Tourism	3
Education	10
Environmental Affairs and Development Planning	1
Health	11
Human Settlements	4
Local Government	3
Provincial Treasury	1
Social Development	3
Office of the Premier	14
Transport and Public Works	7

TOTAL: 1153

End

Reply:

(1)(a)(i) & (ii) Seventy (70) law firms are currently contracted to the Small Enterprise Finance Agency (sefa) and eleven (11) law firms are contracted with the Small Enterprise Development Agency (Seda).

(b) All law firms with Seda are contracted until finalisation of each case except one law firm which is contracted for 12 months at R921 600.00. In the case of those law firms contracted with sefa, the period of contract is 36 months ending during the course of this year.

(c) The following table shows amounts paid to each firm for the services rendered in the 2021/22 financial year in each case. It is to be noted that payments reflected for those companies that have invoiced to Seda and sefa, and those not reflected below, although contracted with the agency, may only paid when a service is sought from their respective firms. From sefa’s end, the reasons why some contractors are not utilised may be due to lack of response from the firms when asked to provide assistance or lack of work required to be sent out for external attorneys.

Seda	sefa
No.	Law firm	Amount	No	Law firm	Amount	No	Law firm	Amount	No	Law firm	Amount
1.	Firm A	R17 000.00	1.	Firm A	R1 439 615,68	16.	Firm P	R172 650,50	31.	Firm AE	R74 175,00
2.	Firm B	R1 741.10	2.	Firm B	R1 260 984,55	17.	Firm Q	R171 751,32	32.	Firm AF	R61 340,46
3.	Firm C	R 40 000.00	3.	Firm C	R906 766,81	18.	Firm R	R162 570,67	33.	Firm AG	R56 580,00
4.	Firm D	R 2 375.00	4.	Firm D	R675 521,89	19.	Firm S	R158 355,00	34.	Firm AH	R55 922,00
5.	Firm E	R 40 237.06	5.	Firm E	R564 318,64	20.	Firm T	R155 452,51	35.	Firm AI	R55 291,43
6.	Firm F	R23 000.00	6.	Firm F	R512 667,69	21.	Firm U	R144 588,73	36.	Firm AJ	R52 763,13
7.	Firm G	R 44 907.50	7.	Firm G	R465 365,74	22.	Firm V	R142 847,11	37.	Firm AK	R48 012,50
8.	Firm H	R 46 000.00	8.	Firm H	R392 891,56	23.	Firm W	R133 535,65	38.	Firm AL	R43 125,00
	9.	Firm I	R297 323,54	24.	Firm X	R131 265,00	39.	Firm AM	R34 787,50
	10.	Firm J	R278 483,35	25.	Firm Y	R130 500,05	40.	Firm AN	R29 006,84
	11.	Firm K	R275 014,50	26.	Firm Z	R104 933,48	41.	Firm AO	R20 326,25
	12.	Firm L	R272 124,51	27.	Firm AA	R104 388,76	42.	Firm AP	R5 453,44
	13.	Firm M	R238 671,02	28.	Firm AB	R103 250,09	43.	Firm AQ	R4 364,75
	14.	Firm N	R226 562,70	29.	Firm AC	R96 770,78	44.	Firm AR	R1 007,76
	15.	Firm O	R206 783,12	30.	Firm AD	R81 663,82	45.	Firm AS	R303,60

(2) No, Seda and sefa does not have Retainer fee agreement nor is there retainer fees paid to the law firms.

(3) In relation to law firms contracted by Seda, there is a pre-approved and agreed fee price schedule for invited tender bids. The lowest bidder is appointed and for one firm in particular the hourly rate for a Senior Associate is R1 600.00

For those law firms contracted by sefa, pre-approved and agreed fee price schedule is attached to the SLA signed between sefa and the law firm, entitled Annexure A, attached hereto.

(4) Yes, law firms are only paid for work conducted.

STELLA NDABENI-ABRAHAMS

MINISTER: SMALL BUSINESS DEVELOPMENT

Reply:

Statistics South Africa (Stats SA) does not currently dis-aggregate their reports on employment by sizes of enterprises. Both the Quarterly Labour Force Statistics (QLFS) and the Quarterly Employment Statistics (QES) reports do not disaggregate employment by large, medium or small enterprises and neither do they dis-aggregate by the different age groups. The Department of Small Business Development (DSBD) and its agency, the Small Enterprise Development Agency (SEDA) have commissioned the Bureau for Economic Research to analyse and compile the ‘SMME Quarterly Update’ which uses statistics provided by Stats SA and other sources to give a clearer and much nuanced picture on the contribution and participation of SMMEs in the South African economy.

According to 2021 quarter 3 SMME Update, a large percentage of small businesses are owned and operated by people between the ages of 35 and 55. The number of SMME owners aged 35- 55 increased by 7.2% between September 2020 and September 2021; while those outside this group (but younger that 75) fell by 5.8%. Surprisingly, SMME owners older that 75 increased from 7000 to nearly 12 000, while those between 15-19 years decrease by 2% (see table below)

STELLA NDABENI-ABRAHAMS

MINISTER: SMALL BUSINESS DEVELOPMENT

Reply:

The Department of Public Service and Administration does not have a mandate over the management of any grants. The South African Social Security Agency (SASSA) and other grant providing government institutions manage grants in line with their Constitutional mandates though the use of systems that run independently from that of the Department of Public Service and Administration (DPSA).

(a) & (b)The DPSA therefore, has no mandate to interfere in the operations of any grant providing government institutions, has no access to their systems, and therefore cannot put measures in place to prevent public servants from applying for and receiving any grants that they are not entitled to.

However, after discovering that there were public service employees that were applying for, and receiving grants that they were not entitled to, the DPSA offered assistance to SASSA specifically, to identify applicants that are public service employees, by comparing applicants against the Personnel Salary System (PERSAL). This allows SASSA to identify if applicants are public service employees, which enables them to block such applicants.

The DPSA, through the Technical Assistance Unit has also compiled the list of public servants that are suspected to have applied and received grants that they were not entitled to, for investigation through the Fusion Centre. The Fusion Centre is a government coordination body that involves the Police, the NPA, FIC and departments dealing with criminal cases warranting departmental disciplinary action, such as drafting of charge sheets, and the requesting of dockets needed for disciplinary cases. These initiatives serve to discourage and punishes unethical behaviour amongst public servants.

End

Reply:

a) On 21 April 2022, the DPSA distributed 153 Social Relief of Distress grant disciplinary cases to identified departments during a workshop held jointly with SASSA. The workshop agreed on a draft charge sheet to guide departments when instituting disciplinary processes and agreed on the act of misconduct as these cases involved fraud and therefore are serious.

b) The DPSA is awaiting reports from departments on the final outcome of their disciplinary hearings. It is only upon the finalisation of these disciplinary hearing that the number of employees dismissed (or any other sanction) will be known.

End

Reply:

A joint study by the Departments of Small Business Development (DSBD) and Planning, Monitoring and Evaluation (DPME) on research on the delays and non-payment by government on small, medium and micro enterprises (SMMEs) concluded in June 2020 found that 56% of SMMEs, the majority of which were micro enterprises, were impacted by the delayed and non-payment by government. The recommendation was that the impact of this noncompliance with the 30-day payment policy was too large, especially given the compounding impact it has on not only business owners and their families but also employees and their families, and the recommendation was that government should take effective measures to enforce the 30-day payment policy. Legislative provisions for compliance to the 30-day payment policy falls within the ambit of jurisdiction of National Treasury. The DSBD’s role is to provide advocacy and awareness of these requirements and regulations. National Treasury has agreed and is currently in the process to strengthen these provisions.

Given the devastating effect that none and late payment of small enterprise supplier invoices has on the economic viability of the small enterprises, letters were written to our counterparts in provinces encouraging them to honour their payment obligations, especially to small enterprises, and to pay small enterprise suppliers within the agreed timeframes. As part of the DSBD current Roadshows and Partnership Dialogues that are being undertaken in all (nine) 9 provinces, counterparts at provincial and municipal level to ensure compliance to payment requirements to small enterprises whilst the regulations are being strengthened.

STELLA NDABENI-ABRAHAMS

MINISTER: SMALL BUSINESS DEVELOPMENT

Reply:

The exploitation of the SMMEs by the big companies is a concern as well for the DSBD. It is against this background that the DSBD, through the National Small Enterprise Amendment Bill, is in the process of effecting amendments to the National Small Enterprise Act, 1996 (Act No 102 of 1996) to provide for the establishment of the Small Enterprise Ombud Service.

The proposed Office of the Small Enterprise Ombud Service is meant to resolve disputes affecting small enterprises in an economical expeditious and equitable manner without the need to resort to costly litigation. This will include provisions to deal with unfair trading practices that result in the exploitation of small-, micro-, and medium- enterprises.

Regarding the processing of the Bill, public comments have been received and considered. Currently there is an engagement with the Office of the State Law Advisors (OSCLA) for certification and once that is done the Bill will be tabled to Cabinet for approval to be introduced in Parliament.

STELLA NDABENI-ABRAHAMS

MINISTER: DEPARTMENT OF SMALL BUSINESS DEVELOPMENT

Reply:

Statistics South Africa (Stats SA) does not currently dis-aggregate their reports on employment by sizes of enterprises. Both the Quarterly Labour Force Statistics (QLFS) and the Quarterly Employment Statistics (QES) reports do not disaggregate employment by large, medium or small enterprises and neither do they dis-aggregate by the different age groups.

Stats SA does however, in the Quarterly and Annual Financial Statistics (QFS and AFS) provide dis-aggregated statistics in terms of Employment Costs borne by Large, Medium and Small enterprises. The 2021 quarter 4 Quarterly Financial Statistics show that SMMEs accounted for a greater share of employment costs of all industries (QFS excludes agriculture) amounting to 55% of R 1,7 trillion.

Large enterprises accounted for a larger share of employment costs in three of the seven major industrial groupings; namely Mining and Quarrying at R33 billion (90%); Electricity, Gas and Water at R8,2 billion (92%) and Transport at R 31 billion (71%).

SMMEs accounted for a larger share of employment costs in Manufacturing at R54 billion (55%); Construction at R 10 billion (63%); Trade at R12 billion (60%); Business Services and Real Estate at R 104 billion (72%) and Community, social and personal services at R 11,8 billion (51%).

The Department of Small Business Development and its agency, the Small Enterprise Development Agency (Seda) have commissioned the Bureau for Economic Research to analyse and compile the ‘SMME Quarterly Update’ which uses statistics provided by Stats SA and other sources to give a clearer and much nuanced picture on the contribution and participation of SMMEs in the South African economy. According to 2021 quarter 3 SMME Update, SMMEs accounted for 9,7 million jobs for themselves and to others (see details in table below).

The Department is of the view that Stats SA should dis-aggregate Labour and Employment statistics in terms of the contribution of large, medium and small enterprises in the same way as in the Annual and Quarterly Financial Statistics.

STELLA NDABENI-ABRAHAMS

MINISTER: SMALL BUSINESS DEVELOPMENT