Questions and Replies

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1. Yes. Section 231 (1) of the Constitution is clear that the negotiation and signing of all international agreements is the responsibility of the national executive. Meaning that international agreements become national law only upon ratification by Parliament. The Minister of Health is therefore enjoined by the Constitution to submit the treaty to Parliament for consideration and approval.

2. No. The draft Pandemic Treaty will be subjected to legal scrutiny by State Law Advisers at the Department of Justice and Constitutional Development to ensure its compliance with the Constitution of the Republic of South Africa.

3. For South Africa, it is crucial that the treaty is anchored on human rights to ensure equitable access to available medical solutions in order to improve the health and well-being of all, regardless of socio-economic status or geographical location. Therefore the main points to be pushed by South Africa in this regard are access and equity.

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First, proposals to address a broad public policy on dealing with wage gaps in industry, were developed and drafted into legislation, in the form of a Companies Amendment Bill, 2021 (the Bill)

Second, these proposals were discussed with social partners in Nedlac, where the principle of disclosure of the wage gaps and responsibilities assigned to shareholders, were agreed

Third, Cabinet was briefed on the proposed changes

Fourth, the proposals were published for public comment.

The public comments are currently being considered and in the Department’s Budget Vote this year, I indicated that the anticipated timeframe for the Bill be submitted to Cabinet for consideration, which is within the next three months.

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The Honourable Member should note that the Municipal Finance Management Act (MFMA), vests financial governance, accountability and responsibility for a municipality with the municipal council and its administration. This includes appointment of relevant and appropriate skills, ensuring proper internal controls are implemented and to prevent the incurrence of unauthorised, irregular, fruitless and wasteful expenditure (UIFW).

Specifically, section 62 of the MFMA provides that the accounting officer of a municipality is responsible for managing the financial administration of the municipality, and must for this purpose ensure internal controls, take all reasonable steps to ensure that unauthorised, irregular or fruitless and wasteful expenditure and other losses are prevented, amongst others.

The National Treasury has issued cost containment regulations that elaborate on the process to be followed and measures to be implemented by municipalities on the use of consultants with the objective of reducing reliance thereon. The Regulations requires a thorough needs assessment to be undertaken to demonstrate the need for appointing a consultant. In cases where consultants are appointed, a municipality must ensure the transfer of skills by consultants to municipal officials are included in all contracts.

A number of MFMA Circulars have been issued and officials trained in implementing their financial management responsibilities, including regulating a set of minimum requirements. These address all financial management disciplines, including revenue management, asset management, expenditure management and liability management.

Additionally, the National and Provincial Treasuries, have collaborated to render support to municipalities in various ways, both technical, financial and at knowledge sharing platforms. The issuance of the UIFW reduction strategy documents, preventative controls and assistance in preparation of support plans for implementation by municipalities are geared to address these financial challenges. Furthermore, all municipalities are required to assess their Budget and Treasury Office capability, capacity and competencies in financial management and to implement corrective measures to address gaps and audit findings. These have been communicated in MFMA Circulars available on the National Treasury website. Training has been provided and will continue in the use of these tools, interpretation of accounting standards, preparation of annual financial statements and disclosures to municipal officials.

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According to a report from the Mangaung Metropolitan Municipality (MMM), MMM has just finalized the appointment of a contractor to attend to the flooding spots as and when required.

It is however expected that the acting senior personnel, including the Acting Municipal Manager and Acting Engineering Services Head of Department, will ensure that service delivery plans are in place within three (3) months, budgeted for and implemented. The service delivery plans will provide timelines.

The Municipal Infrastructure Support Agent (MISA) will provide technical support to MMM with regard to infrastructure development and service delivery.

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The response below were provided by the Kagisano-Molopo Local Municipality.

There is a plan in place for implementing the project in 2022/23 Municipal FY under the Bulk infrastructure cluster funded by DWS under RBIG. The Department of Water and Sanitation (DWS) has confirmed that the Engineers/Consultants are busy with the design and finalization of the technical report which will be presented to the department for approval of the funding under the 2022/23 Municipal Financial Year, which starts on the 01 July 2022.

With regards to electricity, Esdale village is electrified, However, there is few newly built homes which have not yet received electricity. The municipality applies every financial year to Eskom for electrification of infills and Esdale will be included in 2023/2024 municipal financial year.

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1. The bridges project mentioned in PQ 2027 belongs to Thulamela Local Municipality (TLM). The pertinent details of the project are outlined below.

The Department of Cooperative Governance (DCOG) is responsible, in terms of section 154 of the Constitution of the Republic of South Africa, Act 108 of 1996 among others, to provide support and strengthen the capacity of municipalities including TLM to manage their own affairs, to exercise their powers and to perform their functions. To that end, DCOG through the Municipal Infrastructure Support Agent (MISA) provides technical support to TLM in accordance with the District Development Model (DDM). The MISA technical support includes the following:

• Development or review of technical reports and other related documentation for project registration at project funding approval stage.
• Development and review of project planning documents, supporting with preparation of procurement documents for service providers.
• Support the municipality by giving technical advice, review reports submitted by the professional service provider appointed by TLM and conduct site inspections.

The cracks on the bridges are part of the defects that the contractor is required to fix within 21 days from the issue of the Practical Completion Certificate done on 23 May 2022. MISA conducts site visits and inspections to monitor the fixing of the defects as part of the support to TLM.

2. The contractor was instructed to fix the defects, which include the cracks, within 21 days. The days are counted from 23 May 2022 when the Practical Completion Certificate was issued as indicated in the background above.

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a) The In-Kind Grant 2022/23 budget is R1.5 Billion. See below a detailed list of approved Infrastructure In-Kind Grant Projects that will be undertaken within the National Department of Health during the 2022/23 financial year.

b) It should also be noted that these projects are at the different stages as per the Framework for Infrastructure Delivery and Procurement Management (FIDPM) and the Infrastructure Delivery Management System (IDMS).

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The National Department of Health is working with the Provincial Departments of Health and the private health sector to source this information. As soon as the information has been received by the National Department of Health, the Minister will be able to furnish the full response to the Honourable Member and Parliament.

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The appointment of the Sectional Title Schemes Management Advisory Council is in progress and should be finalised by 15 July 2022.

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The national executive intervened in the Mangaung Metropolitan Municipality (the Metro) in terms of section 139(7) of the Constitution of the Republic of South Africa, 1996, read with section 150 of the Municipal Finance Management Act No. 56 of 2003. The intervention is jointly led by the Department of Cooperative Governance (DCoG) and the National Treasury.

On 20 April 2022, the Minister of Cooperative Governance and Traditional Affairs (CoGTA), together with senior officials from the DCoG, attended and addressed a special council meeting of the Metro. Also in attendance were officials from the Free State Government led by the Premier and accompanied by the provincial MEC’s of Finance and CoGTA, as well as senior officials from their respective Departments.

The purpose of the special council meeting was to communicate the Cabinet decision for placing the Metro under national intervention and the implications thereof. Subsequently, on 28 April 2022 the Minister of Finance published the Terms of Reference (copy attached) to guide the work of the intervention team that have been seconded to the Metro by DCoG, National Treasury, and sector Departments from national and provincial government.

The areas of financial management and the provision of services are amongst the various areas of work that the intervention team will be focusing on.

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During the Budget Vote on Trade and Industry, I noted that building an enabling environment for industrialisation requires securing our key network infrastructure, such as energy and logistics, and protecting our electrical grid and rail network from the continued threat of scrap metal syndicates. I committed that by the end of July, the Department will have developed and tabled a draft policy on scrap metal, which will introduce a blend of domestic and export measures to address illegal trade in copper cable and scrap metal.

Since then, research has been completed and Cabinet has been briefed on the overall strategy. A document setting out the draft policy is being developed and will be published for public comment shortly.

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The Tribunal outcomes were issued to the Accounting Officer of OR Tambo District Municipality. No steps will be taken against the municipal officials by the National Treasury as the National Treasury does not have jurisdiction in the disciplining of any organ of state employees or officials. OR Tambo District Municipality will be required to take action against any transgressions of its employees.

The National Treasury are able to monitor to ensure that necessary actions are taken against the implicated officials.

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a) Employees who are receiving the old housing allowance are those who have not submitted the required housing allowance documents to their respective Human Resource Sections within their respective departments. The required documents include a completed and signed application form for homeowners, proof of home ownership as well as proof that the employee occupies the property concerned. Upon submission of the necessary documents, the affected employees shall receive the current amount of R1 500.07 per month.

b) The only way for the affected employees to move from the outdated housing allowance, is to comply with the information as stipulated in (a) above. In 2015 and 2016 respectively, the DPSA issued Circulars (17/3/P) to all government departments detailing the manner in which the implementation of migration to the new housing allowance should occur.

In addition to previously issued Circulars, the Director-General will again communicate with Directors-General and Heads of Departments of the affected departments and provincial administrations regarding the importance of migrating employees to the new housing allowance system. The Circular will be issued in June 2022.

Over and above issuing Circulars, Government Employees Housing Scheme conducts information Sessions with Human Resource Practitioners in government departments to engage on issues of compliance with the prescripts of housing allowance for the benefit of government employees.

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FINANCIAL 2019/2020

FINANCIAL 2020/2021

FINANCIAL YEAR 2021/2022

A total of R808 million has been spend on COVID relief funding.

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1. The Liliesleaf staff have been kept abreast by the Trustees on measures that have been undertaken by the Trustees regarding the stabilisation and the re-organisation of the Liliesleaf Museum. The Liliesleaf Board met with the staff on 19 April 2022, where the staff was informed that the Department of Sport, Arts and Culture has been granted R7 million to re-establish the museum. The staff was also informed that they will be paid 3 months salaries from April 2022. The Department can confirm that staff has been paid their 3 months salaries as agreed with the staff on the 19th of April 2022.

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1.  The Department of Water and Sanitation is not involved in the eight housing projects. If required, uMgungundlovu District Municipality may apply to the Department for RBIG funding. Alternatively, the district municipality may apply to CoGTA for MIG funding.

2. As no application for RBIG funding has been received from uMgungundlovu Municipality, no funds are currently being provided to the municipality for construction of bulk water infrastructure to service the eight housing projects. The requirements for applying to the DWS for RBIG funding include a detailed feasibility study report, preliminary designs, an implementation readiness study report and a business plan from the municipality.

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1(a). The total number of libraries in the Kamiesberg Local Municipality is thirteen (13).

(b). The libraries are situated in the following towns: Garies, Hondeklipbaai, Kamasies, Kharkams, Koingnaas, Leliefontein, Paulshoek, Rooifontein, Soebatsfontein, Spoegrivier, Kamieskroon, Kheis, Tweerivier.

(c). The total number of libraries that are still functioning is twelve (12).

(d)(i). One library is not functional, Kharkams School Library.

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We are still awaiting response from SAFA on that question.

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(1). Delta Built Environment Consultants was appointed in 2020 to conduct the Feasibility Study for the development of the South African National Monumental Flag Project.

(2). The project was put on hold.

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SARU Responded in the following manner:

The President of SA Rugby addressed the Portfolio Committee on Sport, Arts and Culture on the 17th May 2022 where this matter and process was discussed in detail, the processes followed, and our continued engagement with the Minister of Sport.

The Hon. Member had an opportunity to raise all concerns with SARU and they were all responded.

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1.(a- e). The grant allocation to municipalities in the past five financial years were as follows:

(b). The expenditure of libraries in the municipality compare with the money allocated towards municipalities in the specified period:

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CCIFSA have since responded as follows:

The CCIFSA memberships comprises of cultural and creative industry formations as defined in UNESCO. CCIFSA current members includes 9 provincial federations as stipulated in our constitution, we can also mention the following organisations: South African Music Council, South African Arts and Culture Youth Forum, South African Creative Practitioners in Unity, CISTERWOOD, AESA and many more. Beyond that CCIFSA has associates like Trade Union for Musicians of South Africa (TUMSA) and Southern African Communications Industries Association (SACIA). Beyond this CCIFSA continue to engage other national organisations to join the Federation.

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As indicated in response to question 1988 Status Quo is the same.

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CCIFSA have since responded as follows:

(a). Yes, board members are getting paid a salary of R30 000 per month. With regards to CCIFSA boards allowances, the organisation conducted research on how other confederations like SASCOC and other institution operates, and the board fees are therefore in line with the industry standards.

(b). CCIFSA is a democratic organisation that accommodates all races, as a result there are members of colour in the organisation; however, the Executive do not have any control on the outcomes of conferences as this was done through an open democratic process. However, the current leadership has already reached out to organisations like TUMSA, SACIA and Visual Arts Network of South Africa (VANSA). The first two organisations are currently associates of the organisation with the purpose of winning their confidence to be fully members of the organisation; and engagements are going on with VANSA with the purpose of finding each other and working together, no formal relationship has been finalized between the two organisations yet.

As the current leadership, we are unable to respond to whether CCIFSA is not representing the creatives. We believe that CCIFSA has played significant role in organising the sector. CCIFSA has managed to create a platform where national organisations are able to engage and discuss challenges of the sector and find ways of resolving them.

(c). The organisation plans to hold an AGM in the next financial year as it needs budget for that, the current budget can only cover administration, and few identified critical programmes. The organisation is doing everything in its power to source more funds including applying to National Lottery to raise more funds to push the work of the federation.

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No such policy has been made by the Department or the Ministry to remove Afrikaans from the name of the Afrikaanse Taalmuseum en monument. So there will be no name change on the atm. We have charged our entities to ensure that as part of the language development, the entity should take on board at least one indigenous language.

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The Minister of Public Works and Infrastructure:

a) I have been informed by the Department that:

(i) hospitals and/or former hospital buildings, and

(ii) Warehouses, belonging to the Government that are not in use in each province, can be best dealt with by the National and Provincial Departments of Health.

(iii) residential buildings belonging to the Government that are not in use in each province are listed on the table below:

(b) The unutilised properties listed were handed back to DPWI by various User Departments as they are no longer required. Most of the properties are not in a habitable state.

(c) The Department intends to re-allocate the unutilised properties to other socio-economic objectives of government such as Gender-Based Violence and Femicide shelters and rental to interested tenants/Investors for revenue generation.

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The Giyani Water Treatment Works pumps potable water to the two main reservoirs which are the Low-lift and High-lift reservoirs on top of Mangombe mountain on a daily basis. The High-lift Reservoir pumps water to 3 pipelines F (South), F (North) and C. The Low-lift Reservoir pumps water to 3 pipelines B, E and D. The reservoirs pump water to 55 villages including Giyani Town in line with the rationing program in place.

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(1)(a). Yes, my department can confirm that it did meet its deadline in finalising the second draft of the National Theatre and Dance Policy. Currently, the second draft policy document has been analysed, aligned and will be published in June 2022, to create a conducive platform for Theatre and Dance Practitioners to engage and make positive contributions.

(b). The publishing is planned for this fiscal year 2022/23, as all key processes would have been completed as envisaged.

2. For now, no, as the draft will only be used once it has been adopted and approved as policy document of the Department

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SAFA has responded to the question as follows:

1. No.

Ms Ledwaba is appearing before the SAFA Disciplinary Hearing in line with the NEC resolution. In the normal course a member will represent himself or herself in this kind of matters, in this case Ms Ledwaba elected to be represented by Senior Counsel and SAFA also has appointed its Legal representative.

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As articulated in responses to question 818 and 819, the status quo remains.

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My department is working closely with Nelson Mandela Bay Municipality (NMBM) and other affected and interested stakeholders to manage resources in the Algoa Water Supply System (AWSS). Monthly water use monitoring meetings are held to ensure that all users adhere to the restrictions imposed by my department.

The Department of Water and Sanitation (DWS) has developed a model to determine the percentage water restrictions that must be implemented to try and ensure that NMBM as well as the whole Algoa water supply system which includes Koukamma LM, Kouga LM as well as the Gamtoos Irrigation Board does not run out of water. This model is run on an annual basis to determine the domestic as well as the irrigation restrictions that must be implemented to ensure that the whole Algoa system does not reach day zero.

Restrictions were set at 40% of the water resources from the Western side of NMBM. The NMBM could not bring down their water use to the total restricted water use of 222Ml/day. The municipality could only reduce water use to 280 to 290Ml/day despite implementing several projects such as awareness campaigns, leak repairs, pressure management, increase in water tariffs, installation of water use restrictors to reduce the water use.

Interventions already being implemented include the following:

• The DWS previously provided drought funding to the metro to increase the capacity of the Nooitgedacht WTW (Phase 2) to supply more water from the Fish-Sundays River water supply system.
• The DWS further funded the Nooitgedacht Coega Low Level Phase 3 scheme which entailed the construction of a 45Ml/day balancing reservoir, an additional section to Water Treatment Plant of 70Ml/day to augment the current water supply from 140Ml/day to 210Ml/day. This project reached practical completion at the end of March 2022, which means that an additional 70Ml/day can be supplied to NMBM.
• Support to the NMBM to apply for drought funding to COGTA to augment the pumping capacity of the Motherwell and Stanford Road pumpstations and pump additional water to the Western side. COGTA has allocated R58 million drought funding towards this project and the DWS is part of the implementation team
• The DWS has allocated funding since 2019 towards the development of groundwater in the Kouga Local Municipality to reduce the water requirements of Kouga LM from the NMBM supply dams

The DWS is engaging the NMBM, GOGTA and National Treasury to discuss other possible solutions to ensure that the Western side of NMBM does not run out of water. One of the solutions under consideration is to pump more water from the Eastern side (where unrestricted water is available) to the Western side of the Metro.

Discussions have also been held with the Strategic Water Partner’s network to establish a Nelson Mandela Bay / Gqberha Water Partnership. This entails possible funding from the Private Sector to assist with interventions such leak repairs, water demand management as well as appointing experts to assist with the management of the water crisis. This will be managed by the Strategic Water Partner’s network in collaboration with NMBM and the NMB Business Forum.

Be assured that my department takes the current situation in NMBM serious and will assist the Metro to try and ensure that there will be water supply to the customers.

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The Department of Sport, Arts and Culture is the lead Department in the implementation of the Cabinet approved Resistance and Liberation Heritage Route (RLHR) Project. Each province submitted three (3) sites for development under the RLHR. One of Limpopo’s three (3) RLHR sites submitted in this regard is the Tjate Heritage Site. The significance of the Tjate Heritage Site is the battlefield site representing the victory and unity of the Bapedi people under the leadership of the King Sekhukhune, against the imperialistic and colonial forces of both the Boers and the British in the nineteenth century.

As part of the RLHR, the Tjate Heritage Site is one of the many sites currently being subjected to a Feasibility Studies to investigate how to commemorate the legacy of the site in a befitting manner. It is to be noted that already the Provincial Government has installed a statue of King Sekhukhune at Tjate as well of other four (4) kings in other areas in Limpopo province.

The Feasibility Study for the Tjate Heritage Site, which is scheduled for conclusion in 2022/ 2023 will recommend befitting projects in honor of King Sekhukhune. Furthermore, the Department is engaging with its entity, South African Heritage Resources Agency (SAHRA) to conduct an audit of all the Great Palaces and commence on the process of grading and declaring these Places as National Heritage Sites, which will include King Sekhukhune’s Great Place.

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No such policy has been made by the Department or the Ministry to remove Afrikaans from the name of the Afrikaanse Taalmuseum en monument. So there will be no name change on the atm. We have charged our entities to ensure that as part of the language development, the entity should take on board at least one indigenous language.