Reply:

a) The assessments have been undertaken by teams of engineering specialists and project managers within SANRAL, complemented by specialist consulting engineering firms.

b) (i) and (ii) as per table below:

c) Procurement documents are in the process of being finalised where applicable for the sites indicated above. In the interim, holding actions are being undertaken by routine road maintenance contractors.

Reply:

(a) The question makes reference to the potholes in Bloemfontein. It is therefore important that roads in an around Bloemfontein are being maintained by The Mangaung Metropolitan Municipality (MMM) as well as the Department of Police, Roads and Transport (DPRT). MMM would therefore be responsible for all urban roads, while DPRT predominantly have custodianship of peri-urban and rural roads. This reply is therefore in relation to the broader Mangaung Metropolitan Area.

It is also important to consider that the MMM relies on the Municipal Infrastructure Grant (MIG) to perform their maintenance, while DPRT relies heavily on the Provincial Roads Maintenance Grant (PRMG) in terms of its maintenance strategies. The PRMG has strict conditions that allows for 25% of the grant to be used for upgrades and the remaining 75% for maintenance activities. This is in contrast with the prevailing road conditions which warrant and require upgrade-related activities, as opposed to the maintenance activities that the grant makes provision for. For this purpose, intense engagement is required from Provincial Treasury to ensure that funding is availed through the Infrastructure Enhancement Allocation for the necessary upgrades. Alternatively, the strict PRMG conditions require relaxation in order for the country at large to be able to mitigate the current backlog in road maintenance. If this is not achieved, Provinces will continuously be challenged with the situation whereby maintenance is performed in line with grant conditions, while the actual need on the ground is much more intense and borders on upgrade activities.

A recent presentation by NDOT suggests that the South African road network was not planned for the current traffic volumes. A large volume of traffic have migrated from rail to road and households currently procure several vehicles as opposed to one vehicle per family as anticipated when the broader road network was planned.

This, as well as the delay of timely routine maintenance activities, contribute to the state in which road are.

The delay in maintenance, results in exponential repair cost if left unattended.

Information obtained from MMM suggests that their road network within Bloemfontein is as follows:

• Mangaung Metro contains a total of 3800km of road network entailing 2200km of unsealed and 1600km of sealed roads.
• Conditions are generally poor across most of the areas with about 90% of the bituminous road seal needing urgent attention to prevent moisture ingress and extend the life of the underlying pavement layers.
• Rehabilitation backlogs is also substantial with 35% of the pavement layers being in a very poor condition.
• Thus, Mangaung Metro Municipality should undertake a project of road network resealing and rehabilitation.

(b) The current conditions requires a total amount of R981 054 417 that will be distributed as follows due to capacity and available budget for the following activities:

• • Rehabilitation of 106km of sealed network
  • Treatment of 335km of sealed network with Micro Paving of 15 mm thick.
  • Replacement of 230km access streets with paving blocks. To avoid high maintenance costs on access roads of functional class 5.
  • Treatment of 30km of sealed network with Asphalt overlay.
  • Application of slurry seals preceded by application of Diluted Emulsion, crack sealing and patching for 149km

The anticipated catch-up period is as follows:

July 2022 to June 2023 R 339 112 210

July 2023 to June 2024 R 272 047 480

July 2024 to June 2025 R 369 894 727

TOTAL R 981 054 417

Similarly, the Department of Police, Roads and Transport have developed a maintenance strategy on its own network consisting of 220km that is being prioritized.

• The estimates are based on current market rates and the available internal maintenance capacity
• Where a service provider is appointed, the cost may differ due to other Logistical and General contractual obligations
• The underlying road pavements of most sections need to be rehabilitated thoroughly to prevent further defects and deterioration.
• The annual Routine Road maintenance must be considered, and have an annual budget allocation to attend ongoing road deterioration. Due to current procurement status of the said Maintenance strategy, costing was done with the aim of addressing it in one financial year as follows:

Description	Amount (R )
Material	R21 331 416,96
Material Transport (10%)	R 2 133 141,69
Labour	R7 250 040,00
Plant & Equipment	R6 849 888,00
Sub Total	R 37 564 486,65
VAT 15%	R5 634 673,00
TOTAL	R43 199 159,65

Reply:

1. Between uMgababa and uMkhomazi there are two major embankment failures, one on the Northbound carriageway at N2 Section 24 km 2.0 to 2.6 and the other on the Southbound carriageway at N2 Section 23 km 49.8. Due to the nature of the failures they require extensive geotechnical investigations, hence geotechnical contractors have been deployed to undertake investigative drilling.

In terms of the northbound failure (uMgababa), the construction of a bypass lane in the median is being undertaken through the routine road maintenance (RRM) contract. Further, the appointed consultant team is finalising its design and procurement documents for the contractor who will implement the repairs.

In terms of the southbound failure (uMkhomazi), traffic accommodation measures have been implemented through the routine road maintenance contract, whilst the preparation of procurement documents for the design consultants are being finalised.

2. The procurement for the service providers to undertake repairs is in the preparation phase therefore there is no tender yet that has been let for the repairs. The only works currently underway is the construction of the median bypass lane in order to restore traffic movements in the northbound direction through the routine road maintenance contract. Availability of rock material from quarries did affect progress on the bypass lane, requiring this material to be sourced from further locations (further than 100km).

3. As noted above, material availability has affected the construction of the bypass lane in the median.

4. (a) No tender has been advertised for this repair as the procurement process is in the preparation phase. The temporary solution is being undertaken through the existing routine road maintenance contract which was awarded to Razzmatazz (Pty) Ltd in October 2021.It is noted that the RRM Contractor is also utilising a local subcontractor and local labour.

(b) It is estimated that the repairs will cost approximately R240 million at each of the locations i.e. northbound and southbound respectively.

(c) The estimated duration is 8 months for northbound failure and 10 months for southbound failure.

5. All holding actions have been undertaken within the budget of the routine road maintenance contractor. A budget has been allocated for the repairs for which tenders will be advertised.

Reply:

1. Honourable Hunsinger is welcome to meet directly with the City of Ekurhuleni as well as the KTVR operator to perform a detailed analysis of KTVR’s financial statements. KTVR’s operations cost numbers are highlighted below.

Line Items	2017/18	2018/19	2019/20	2020/21
Operations Cost	R119,2m	R126,7m	R168,4m	R232,2m

2. (a)(b) The City of Ekurhuleni has acknowledged the criticism from NDoT (especially from 2019) in bilateral meetings held regularly 2 to 3 times a year. On the 05 March 2019, the Deputy Director General: Public Transport called all the cities to a meeting to direct them on the revised focus of the PTNG for 2019/20 on wards which is to fastrack operations while scaling back on infrastructure plans and spending and put them on notice to launch.

The City team is trying their best to finalise long outstanding matters like concluding minibus operator negotiations, scaling up to 80 buses and 20 000 passenger trips per weekday etc. Currently the city has deployed 40 buses, is procuring 15 more and plans to conclude negotiations by February 2023.

3. The majority of feedback has occurred in regular bilateral discussions. Please contact the Public Transport Branch at the NDoT for further information if required.

Reply:

The Department of Transport in consultation with Free State and Kwa Zulu Natal Governments between which this road R74 traverses, the teams had already done the technical assessment to ascertain the treatment the road will need. It is however worth mentioning that R74 has two sections in it and these are P11 and P340.

a) The majority of this road needs heavy rehabilitation where first 30kms of P11 is planned for the current financial year (2022/23) and this repair work is estimated to take 30 months.

The remainder of the section of this road P340 is planned for the subsequent financial year (2023/24) and this estimated to a period of 20 months.

The holding measure that includes fixing potholes, stormwater repairs and drainage maintenance are already underway.

b) This Part of the Question has been responded to in (a) above.

Reply:

The Office of the Premier: Northern Cape

1. (a) Mr. R Palm, the HoD of Northern Cape Sports, Arts and Culture is suspended.

(b) Mr. Palm is facing charges relating to fraud.

2. (a) Mr. R. Palm has been on suspension since September 2020.

(b) An amount of R R2 014 340.00 has been paid to Mr. Palm since his suspension.

The Office of the Premier: KwaZulu Natal

1. (a) Dr GG Sharpley, the HoD of KwaZulu-Natal Public Works is on precautionary suspension.

(b) Dr GG Sharpley is facing charges relating to allegation of misconduct regarding the appointment of the consultant compliance officer. His continuous precautionary suspension is due to the fact that during the recent proceedings the Presiding Officer made a ruling in favour the Employer following the point in limine his legal representative had raised.

 

2. (a) Dr GG Sharpley, has been on suspension since November 2020.

(b) An amount of R2, 346,238.00 has been paid to Dr GG Sharpley since his suspension.

The Office of the Premier: Free State

1. (a) Mr N Mokhesi, the HoD of Free State Human Settlements is on precautionary suspension.

(b) Mr N Mokhesi is facing charges relating to misconduct – tender irregularities

2. (a) Mr N Mokhesi, has been on suspension since June 2020.

(b) An amount of R3 412,484,00 has been paid to Mr N Mokhesi since his suspension.

 

The Office of the Premier: Free State

1. (a) Mr SS Mtakati, the HoD of Free State Sport, Arts, Culture & Recreation is on precautionary suspension.

(b) Mr SS Mtakati is facing charges relating to misconduct – tender irregularities

2. (a) Mr SS Mtakati, has been on suspension since May 2021.

(b) An amount of R1 978 533, 00 has been paid to Mr SS Mtakati since his suspension

The Office of the Premier: Mpumalanga

1. (a) Mr K Masange, the HoD of Mpumalanga Human Settlements is on suspension.

(b) Mr K Masange is facing charges relating to gross negligence

2. (a) Mr K Masange, has been on suspension since April 2021.

(b) An amount of RR1 308 568,15 has been paid to Mr K Masange since his suspension.

The Office of the Premier: Mpumalanga

1. (a) Ms BS Nkuna, the HoD of Mpumalanga Community Safety, Security and Liaison is on suspension.

(b) Ms BS Nkuna is facing charges relating to serious offence

2. (a) Ms BS Nkuna, has been on suspension since June 2021.

(b) An amount of R1 196 064, 31 has been paid to Ms BS Nkuna since her suspension.

The DPME received the following responses from provincial Offices of the Premiers with regards the DGs and or HoDs on suspension.

a) Limpopo, Western Cape and Gauteng indicated that there are no DG’s nor HoD’s on suspension, as a result the provinces submit a nil report to the afore-mentioned question as raised by the National Assembly.

b) Eastern Cape and North West – None

Thank You.

Reply:

The Guidelines for the Heads of Department (HoDs) Performance Management and Development System (PMDS), were developed by the Department of Planning, Monitoring, and Evaluation (DPME) and were linked to the HoD PMDS Directive which was developed by the Department of Public Service and Administration (DPSA). The Directive requires all Directors-General (DGs) in national departments and HoDs in provincial departments to enter into Performance Agreements with their Executive Authorities. The HoD PMDS processes align individual performance (40%) with organisational performance (40%) which are Annual Performance Plans, Auditor-General findings, and Key Government Focus Areas (KGFAs). The KGFAs address areas of Supply Chain, Diversity and Transformation, Integrated Governance, Regional and International Integration as well as Minimum Information Security Standards (MISS). Furthermore, a department's performance accounts for 60% of the assessments of the accounting officers, with the objective of ensuring alignment between individual performance and that of a department.

The DPME has completed the assessment of departments through various reports such as the Biannual Reports, but has not yet conducted an exercise to establish a direct link between the performance of DGs to that of departments. The department has identified the need to review the current HoD PMDS, to amongst others, ensure alignment between the PDMS of Ministers and that of DGs. The review will also need to focus on a significant shift towards outcomes based approach to planning, monitoting and evaluation. It is once we have aligned the approach to Annual Persformance Plans (APPs) and PMDS to enable an all round outcomes based performance that we will also evaluate the relationship and interplay between the performance of heads of department and the relevant departments.

Thank You.

Reply:

Department

The Department of has not concluded any commercial contracts with the government of the Russian Federation since 1 April 2017.

Therefore (aa) (bb) (cc) (dd) (ee) Not applicable

Airports Company South Africa (ACSA)

ACSA has not concluded commercial contracts with (i) the government of the Russian Federation and/or (ii) any other entity based in the Russian Federation since 1 April 2017.

Air Traffic and Navigation Services (ATNS)

There are no registered contracts between ATNS and the Russian Federation. 

Cross Border Road Transport Agency (CBRTA

1. (i) and (ii) The Cross-Border Road Transport Agency (C-BRTA) did not conclude any commercial contracts with the government of the Russian Federation or any other entity based in the Russian Federation since 1 April 2017.
2. (bb) (cc) (dd) and (ee) Not applicable as the C-BRTA is contracting goods within the Republic and has not had a need to procure goods from the Russian Federation or any other entity in the Russian Federation since 1 April 2017.

Road Traffic Infringement Agency (RTIA)

(b) (i) The Road Traffic Infringement Agency entity did not conclude any commercial contracts with the government of the Russian Federation and/or

(b) (ii) The public entity did not conclude any commercial contracts with any other entity based in the Russian Federation since 1 April 2017.

(aa) Not applicable,

(bb) Not applicable,

(cc) Not applicable,

(dd) Not applicable, and

(ee) Not applicable

South African National Roads Agency Limited (SANRAL)

(b) (i) and (ii) SANRAL has not concluded any commercial contracts with the Russian Federation, or any entity based in the Russian Federation since 1 April 2017 or before that date. As a state-owned company SANRAL takes guidance on international relations from the Minister in his capacity as the shareholder representative of Government with regard to executive authority over SANRAL.

(aa) Not applicable,

(bb) Not applicable,

(cc) Not applicable,

(dd) Not applicable, and

(ee) Not applicable

Road Traffic Management Corporation (RTMC)

(b) (i) and (ii) The Road Traffic Management Corporation has never concluded any commercial contracts with the Russian Federation.

(aa) Not applicable,

(bb) Not applicable,

(cc) Not applicable,

(dd) Not applicable, and

(ee) Not applicable

Road Accident Fund (RAF)

(b) Road Accident Fund has not concluded any commercial contracts with

(i) the government of the Russian Federation and/or

(ii) any other entity based in the Russian Federation since 1 April 2017; as there was no necessity to conclude a commercial contract with the government of the Russian Federation or any other entity based in the Russian Federation.

(aa) Not applicable,

(bb) Not applicable,

(cc) Not applicable,

(dd) Not applicable, and

(ee) Not applicable

Railway Safety Regulator (RSR)

The Railway Safety Regulator (RSR) has not concluded any commercial contract with any Russian entity or the government of Russia since 1 April 2017 to date.

Ports Regulator of South Africa(PRSA)

(a) N/A

(b) The Ports Regulator did not conclude any commercial contracts with the (i) government of the Russian Federation and/or (ii) any other entity based in the Russian Federation since 01 April 2017.

(aa) N/A

(bb) N/A

(cc) N/A

(dd) N/A

(ee) N/A

Passenger Rail Agency of South Africa (PRASA)

(b) The Passenger Rail Agency of South Africa has not concluded any commercial contract with any Russian entity or the government of Russia since 1 April 2017 to date

South African Civil Aviation Authority (SACAA)

(b) N/A (b) the South African Civil Aviation Authority HAS NOT concluded any commercial contract with (i) the government of the Russian Federation and/or (ii) any other entity based in the Russian Federation since 1 April 2017 (aa) N/A (bb) N/A (cc) N/A (dd) N/A (ee) N/A.

South Africa Maritime Safety Authority (SAMSA)

(b) Yes, South African Maritime Safety Authority (SAMSA)

(i)No

(ii)Russian Maritime Register of Shipping

(aa)A Recognition Organisation (RO) Agreement was signed on the 6th of August 2019 between Russian Maritime of Shipping and SAMSA in compliance with Section 18 “Delegation of Authority” of the IMO Instruments implementation (III) Code for any South African ship, allowing a South African ship-owner or manager to use the Russian Register of Shipping as a ship’s classification society in order to conduct statutory surveys on behalf of SAMSA.

(bb)There is no financial burden on the South African Government associated with this contract. The classification society acts on behalf of the ship-owner and all costs related to their services are for the ship- owner’s account.

(cc)This RO Agreement expires on 5 August 2024 (5 years from date of signing).

(dd)The contract is a general agreement as signed with all other recognised classification societies globally by South Africa.

(ee)There are currently no South African ships using the Russian Register of Shipping as their classification society.

Reply:

Since the RTMC is on the accrual basis, the below table outlines the opening balance for the respective periods, transaction fees billed to the provinces as well as the actual transaction fees paid over by the respective provinces to the RTMC.

It is important to note that transaction fees due to the RTMC is exclusively applicable to vehicle licence disc renewals. On a continuous basis, the RTMC shows an under collection on transaction fees. Provinces have indicated that this is due to municipalities not paying over all the funds to them and in turn the province not paying the full amount to the Corporation. Even though the recovery rate of the transaction fees have improved, there are still provinces that maintains a unremitting growth in the amount owed to the Corporation.

Reply:

a) What has been done so far?

Following the National Taxi Lekgotla held in October 2020, the Department established a Joint Technical Task Team (JTTT) to oversee the implementation of Lekgotla resolutions. The JTTT is comprised of government and the taxi industry. An Implementation Plan has been developed to guide the process and serve as a monitoring tool in as far as progress is concerned in terms of short, medium and long term activities. The implementation of short-term activities has commenced.

b) the envisaged implementation date of the taxi subsidy; if not, why not; if so, what are the relevant details?

The Department is developing a Public Transport Subsidy Policy that will guide the distribution of subsidies in line with demand without focusing on modes of transport. This implies, amongst others, that the policy is advocating for the inclusion of other role players such as the minibus taxi operators in the public transport subsidy. The policy is currently being consulted with stakeholders and will be submitted to Cabinet for approval and only then will it be implemented.

Reply:

Given the information at my disposal my Office, Media Development and Diversity Agency and Brand South Africa does not have any commercial contracts with the Government of the Russian Federation and/or any other Entity based in the Russian Federation since 1 April 2017.

Thank you.

Reply:

The road P53/1 from road R510 (Rustenburg – Northam road) to Mogwase is in the plan of the North West Department of Public Works and Roads for rehabilitation of the entire section during the 2022/23 financial year.

Reply:

The Department awarded a tender for the amount of R65,018M to Botong/Nkolele JV for the

upgrading from gravel to surface, a 10km road D206 from Molelema to Matsheng in the greater Taung Local Municipality. Prior to the awarding of the tender, the Contractor confirmed in writing that it will be able to complete the work within the tendered scope, price and timeframe.

Immediately after commencement of the project, the contractor demanded an additional amount of R 49M, citing that, with the costed amount, only 7km of road will be completed as supposed to the contracted 10km. This would have increased the project value from R 65,018M to R114M with a variance of R 49 M which constitute an increment of 77%. Acceptance of this deviation could be classified as an irregular expenditure. To this end, the department could not agree to the deviation hence the contract was terminated as per the provision of the contract. The Contractor took the department to Adjudication process wherein the outcome came out in their favour. The department is not in agreement with the outcome of the Adjudication Board after one the board members resigned sighting procedural matters. The department has now filed papers in court opposing the outcome of the Adjudication Board. For that reason, the project cannot proceed pending the outcome of the court process.

Reply:

Attached find here: Reply

Reply:

My Department has sought and received only one legal advice on the matter regarding the status of Afrikaans and Khoi languages as indigenous languages of South Africa. The Legal Opinion is herewith attached.

Reply:

Attached find here: Reply

Reply:

Attached find here: Reply

Reply:

The Minister of Public Works and Infrastructure:

I have been informed by the Construction Industry Development Board (CIDB) as follows:

(1)

(a) In 2020, CIDB went through an Organisational Design (OD) led by an independent service provider. The OD looked at restructuring the organogram, salary structure, and job grades. As a result, the job grades were reduced from 24 to 16 levels. This resulted in collapsing E4 and E5 to E Upper. The CIDB grades as follows: three lower subgrades, i.e. E 1-3, and one sub grade in the upper bands, e.g. E4 and E5 = E upper.

(b) To align more with CIDB current strategy, the Board prioritised expertise and qualifications in the built environment as a construction regulator. A Master's degree was added as an advantage to include those with experience and relevant qualifications.

(2) To expand the talent pool and include more people with disability, women, and youth, the Board opted to set the requirement in the advert in the manner that it was advertised.

(3) Same as above, in an effort to expand the talent pool to include more people with disability, women, and youth, the Board opted to set the requirement in the advert

(4) Six candidates met all the requirements including the added advantage: Master’s degree and

(a) were shortlisted accordingly.

(b) five candidates were interviewed as one candidate formally withdrew their candidature.

(5) The appointed individual exceeded the minimum requirements by having a Master's degree from the University of Cambridge.

Reply:

A pandemic treaty is not imminent. Although Member States of the World Health Organization agreed in December 2021 that a new World Health Organisation (WHO) convention, agreement, or other international instrument on pandemic prevention, preparedness, and response is needed, it will take years of negotiations to reach a final draft. 2024 is the target. The Intergovernmental Negotiating Body (INB) leading this process will meet before the end of 2022 to discuss and consider a working draft treaty. The outcome of this meeting will determine whether there is a draft document that can be shared.

END.

Reply:

The department has planned adequately for the 5th wave, in the same manner that it did with the previous waves. Immediately after the end of the 4th wave, the Incident Management Team (IMT) conducted the Intra – Action Reviews with the provinces, drawing the lessons from the past experiences but particularly from the 4th wave.

The outcomes of the intra Action Reviews indicated that the department must retain all key interventions such as hospital oxygen management capabilities, number of beds set aside for admission, availability of the respiratory support of devices, which have really made sure that the hospitals succeeded in the management. Human Resources were deployed in line with the community service programme and were made be on standby in the event of the increase in hospital admissions.

Over and above the Intra Action Review, the department also developed the following documents, working with the provinces, through the provincial leads who are members of the IMT.

• The 5th wave resurgence plans
• The reset and recovery plans for the health system
• The plans for the continuity of essential health services.

This was in preparations for the rise in the number of cases, during the 5th wave.

These documents were developed with the support of the World Health Organization and other partners as living documents that get revised every time there is an increase or in preparation for the increase in the number of cases.

END.

Reply:

The National Department of Health (NDOH) is consulting with the Gauteng Provincial Department of Health to source this information. The Minister will provide a full response to the Question as soon as the information has been received from the Gauteng Department of Health.

END.

Reply:

(a) The Service Provider named Integrated Forensic Accounting Services (“IFAS”) has been assigned the investigation of the top law firms that are litigating against the State (for the respective Provinces) on medico-legal matters. The specific Law Firms are Wim Krynauw Attorneys, Joe Hubbart Attorneys and Van Zyl Johnson Inc.

Additional two (2) Law Firms, i.e. Dudula Inc, and Elliot Maris Wilmans & Hay were allocated at the request of the Northern Cape Province bringing the total number of law firms investigated to five (5).

The specified law firms have not yet been referred to the SIU.

(b) The investigation against the specified legal firms by the SIU has not yet started as the reports by the Service Provider on such law firms have not yet been referred to the SIU. The reason is that the Department is still awaiting the National Proclamation to be signed by the President of the Republic. As soon as the National Proclamation is signed by the President, the Forensic Reports from the Service Provider will be provided to the SIU to form the basis of their (SIU) investigations.

END.

Reply:

The Minister of Public Works and Infrastructure:

(1) I commissioned the report after a meeting with the Presiding Officers of the National Assembly and the National Council of Provinces on 07 October 2019. This followed a complaint by the Presiding Officers about the time, quality and budget overrun of the Prestige projects in Parliament. The terms of reference were developed between the Department of Public Works and Infrastructure and Parliament which covered the areas of concern raised by the Presiding Officers.

(2) The timelines provided to Binder Dijker Otte to deliver the report was 6 months due to the number of projects to be audited.

(3) Binder Dijker Otte delivered the report to the Department by 20 November 2020, within three months of their appointment. However, the report was only given to me almost a year later on 17 September 2021. The report was subsequently handed to the Speaker of the National Assembly on 18 September 2022 for processing.

Reply:

The Minister of Public Works and Infrastructure

I have been informed by the Department that all treatment plans have been drafted to address the 30 findings in the BDO report

(a) There is no outstanding treatment plan

(b) Not Applicable.

(i) See the attached Annexure

(ii) See the attached Annexure

Reply:

(a) Legislative Mandate: The Department of Health strives to take reasonable legislative and other measures to achieve the progressive realisation of the right to have access to health care services including reproductive health care in terms of its Constitutional obligations. Section 27 (1) (a) of the Constitution of the Republic of South Africa states that everyone has the right to have access to health care services, including reproductive health care. Section 27 (3) further states that no one may be refused emergency medical treatment.

The statistics on the total number of babies who were born to illegal and/or undocumented migrants at public health facilities in each province in the past three years is not available as our health facilities do not keep statistics on foreign nationals.

(b) With regards to the number of illegal and/or undocumented immigrants who are making use of health facilities for other medical services other than giving birth in each province; due to community integration of migrants, the Department of Health is not able to determine the number of undocumented immigrants as this is not a policy requirement.

END.

Reply:

(1) Public health practitioners are not insured against medico-legal claims. Section 76 (1) (h) of the Public Finance Management Act, 1999 (Act No. 1 of 1999) (“PFMA”) read with Treasury Regulation 12.2 provides for the claims against the State through acts or omissions of officials and how they must be dealt with.

Treasury Regulation 12.2 provides that an institution must accept liability for any loss or damage suffered by another person, as for a claim against the state, which arose from an act or omission of an official, provided the official acted in the course of his or her employment and was not reckless, wilful or malicious.

In terms of Treasury Regulation 12.2.3 provides that an amount paid by the institution for losses, damages or claims arising from an act or omission of an official must be recovered from the official concerned if the official is liable in law to compensate the institution unless the institution has accepted liability in terms of paragraph 12.2.1.

(2) The regulated framework with regard to the legal costs and in particular the extent of the legal costs that can be charged by legal practitioners is the responsibility of the Department of Justice and not the Department of Health.

Section 35 (4) of the Legal Practice Act, 2014 (Act No.28 of 2014) (LPA) mandates the South African Law Reform Commission (SALRC) to investigate and report back to the Minister of Justice and Constitutional Development with recommendations on issues of fees and tariffs payable to legal practitioners.

In light of this, the South African Law Reform Commission (SALRC) was requested to conduct an investigation into legal fees. In light of the above the SALRC started with their Project 142. On 10 September 2020, the SALRC issued a Discussion Paper 150 with recommendations. Below are some of the recommendations from the SALRC relating to legal fees.

Recommendation 7.1 of the Discussion Paper: The imposition of a universal and compulsory tariff is undesirable not only for the legal profession, but for the economy of South Africa too.

Recommendation 7.2 of the Discussion Paper: The LPC (Legal Practitioners Council), as the regulatory body for the legal profession in the Republic, is the appropriate body to develop service-based attorney and client Fee Guidelines for determining legal fees in respect of all branches of the law.

N.B. More information can be obtained from the Department of Justice.

END.

Reply:

The Minister of Public Works and Infrastructure

1. I have been informed by the Department that the Board of Trustees of the IDT resolved to sell the National Head Office building in the Board of Trustees meeting held on 23 February 2022.

• The Board resolved to sell the building as there are latent structural defects and electrical issues with the building that will be costly to fix.
• There are visible cracks at the entrance of the building and the basement also tends be flooded when it rains leading to the columns supporting the building to move.
• The building is therefore not safe to be occupied by employees, and it does not comply with the Occupational Health and Safety Act.
• The building also has high maintenance costs. A cost benefit analysis has been done and the conclusion is that the cost to maintain and refurbish the building outweighs the one of seeking for new leased office accommodation.

2. The sale of the building has not been advertised. This will be determined by the issuance of the Certificate of Compliance.

(b), (i) and (ii) Fall away.

(3) The advertisement for the lease of the new building was issued and the procurement process is in progress.

(a), (b) and (c)

The IDT does not therefore have monthly costs at this stage. The cost per square metre as well as the date for relocation to the new building will be determined once the procurement process is finalised. The cost per square metre should be within the Rode Independent guidelines.

Reply:

1. Sol Plaatje University’s off-campus accommodation accreditation process opened in November 2021. Service providers that missed the first submission deadline were afforded an opportunity to submit applications of accreditation up until the last day of February 2022.   The university reported that the process of accreditation is open to all interested parties that meet the requirements in the minimum norms and standards as stipulated by DHET. All properties must be conducive to living and learning. Note: 99.9% of the Sol Plaatje University accredited off-campus accommodation suppliers advance BBB economic empowerment goals.

2. Neither the Minister nor the Department have received complaints of discrimination against SPU by black property owners. 

3. Please note that as per the 2022 NSFAS eligibility criteria and conditions for financial aid, private accommodation allowance is limited to the maximum cost of the equivalent University owned on-campus accommodation at a particular institution.   The SPU in consultation with all affected landlords has set the 2022 private accommodation rental/allowances for a double room at R3 500 and single rooms are capped at R4 200.

Reply:

The Provincial Department is planning to deliver 600 units in the Mahikeng Local Municipality. The Department will through its planning process engage with Mafikeng Local Municipality to advise the Municipality to consider Ward 5 in its list of priorities of housing allocation during this current financial year adjustment period alternatively during the 2023/2024 financial year.

 

NATIONAL COUNCIL OF PROVINCES

QUESTION FOR WRITTEN REPLY

QUESTION NO:1826

DATE OF PUBLICATION: 13 May 2022

N BUTHELEZI

ACTING DEPUTY DIRECTOR-GENERAL: AFFORDABLE RENTAL AND SOCIAL HOUSING

DATE:

MS TSHANGANA

DIRECTOR-GENERAL: HUMAN SETTLEMENTS

DATE:

Approved/Not approved

Ms MT KUBAYI, (MP)

MINISTER OF HUMAN SETTLEMENTS

DATE:

Reply:

a) The South African Health Products Regulatory Authority (SAHPRA) has processed –

1. 37 products,
2. 389 tests,
3. 198 personal protective equipment,
4. 0 treatment (7 currently in process) and/or
5. 12 vaccines related to COVID – 19;

b) (i) 494 processed items were approved and

(ii) 275 were rejected; and

(c) the reasons for decision made in each case are as follows:

• Incomplete documents submitted,
• Test kits not meeting performance requirements, and
• No originating approval from one of the 6 recognized jurisdictions.

END.

Reply:

The Minister of Public Works and Infrastructure:

(1) a)

(i) I have been informed by the Department that the following repairs are funded by the Department of Sport Arts and Culture:

Phase 1: Repair and maintenance was completed by 30 March 2022 and this was the external painting of the entire building & boundary wall including repairs of the ceiling that collapsed, bird proofing, replacement of broken windows and window frames, sanding and varnishing of doors.

Phase 2: Further repairs and maintenance are in progress. The contractor is on site undertaking the work, including the electrical upgrade. The estimated completion for all the infrastructural work is end of November 2022.

(ii) The estimated completion for all the infrastructural work is end November 2022. Thereafter the artworks, other collections and new installations will be reinstalled by the Curatorial Team. The aim is to reopen the IOTH to the public during Heritage Week 2023.

b) The client is responsible for maintenance work up to R1 million.

c) As indicated above repairs and maintenance are in progress, the contractor is on site undertaking the work.

(2) The estimated completion for all the infrastructural work is end November 2022

Reply:

1) Over 10 000 teachers have been provided training across all provinces. The DBE has also, through a partnership with UNISA, provided training on coding and robotic to 986 Foundation Phase teachers, subject advisors and provincial coordinators to date. 

2) The selection of schools for the pilot included schools in townships, rural areas as well as those providing multi-grade teaching including school for learners with special education needs. 

Reply:

The Minister of Public Works and Infrastructure:

a) I’ve been informed by the Department that DPWI does not have any state property that could be made available to the taxi industry in:

1. Matatiele;
2. Mount Fletcher;
3. Maclear; and
4. Mthata

As a result, the Department rents from private landlords for our clients.

However, in Mthata, the Department has the following state properties that are to be developed for our clients to decrease our lease portfolio:

• Erf 920: the Old Enkululenkweni Ministerial Complex along R61, it is illegally occupied and was identified to be a government precinct; and

• Erf 265: at No. 33 Sprigg Street, it is a vandalised and dilapidated house where SAPS, Home Affairs and Environmental Affairs showed interest but never availed funds for refurbishment.

Reply:

Legislation on post-school education does not preclude any aspect of the Constitution of the Republic of South Africa and that includes the right to self-determination.

For instance, the Higher Education Act, 101 of 1997 makes provision in line with the Constitution for the establishment of private institutions.

The development of the post-school sector in South Africa post-apartheid has been driven by post-apartheid national policy imperatives, geared towards developing a national unified higher education system within a coherent national education policy framework. The focus of the policy frameworks in place since democracy has been to develop a truly national post-school education and training system which addresses the legacies of past inequality and discrimination, which is geared towards supporting national imperatives, and which supports the national development agenda. These policy goals are clearly articulated in the various White Papers, including the White Paper on Post-School Education and Training.

As outlined in the preamble to the Higher Education Act, the purpose of the Act was to create a single unified higher education system, redress imbalances of the past, and transform higher education in terms of the expectations of an open and democratic society.

Public Universities are national institutions and while they are anchored in local communities and within provinces, they are funded and monitored at national system level.

Reply:

This information is not readily available at the National Department of Health (NDOH), it is in health facilities which fall under the administration of provinces. Accordingly the NDOH is consulting with the provincial departments of Health to source this information. The Minister will provide a full response to the Question as soon as the information has been received from provinces.

END.

Reply:

It is unclear what is meant by the term “anti-COVID-19 prevention pill”. Currently, the antiviral medicines available in oral dosage forms (“pills”) are intended to be used for the treatment of COVID-19, not for prevention.

The National Essential Medicines List (NEML) Ministerial Advisory Committee (MAC) on COVID-19 Therapeutics has reviewed the available evidence for two oral antiviral products, molnupiravir and ritonavir-boosted nirmatrelvir. All rapid reviews are accessible from the National Department of Health website and are routinely updated when new evidence becomes available. Currently, the NEML MAC on COVID-19 Therapeutics does not recommend the use of either molnupiravir or ritonavir-boosted nirmatrelvir in the treatment of patients diagnosed with COVID-19. Both of these medicines need to be used within five days of the onset of COVID-19 symptoms. They may also not be used during pregnancy, so women of childbearing potential would need access to effective contraception. Neither of these medicines has yet been registered in South Africa, by either the innovator manufacturers or generic producers. The NEML MAC on COVID-19 Therapeutics will continue to monitor the situation in terms of availability and pricing, as well as emerging evidence, and will update the reviews as necessary.

Apart from public health and social measures (such as mask-wearing), the primary means for the prevention of COVID-19 remains vaccination. Approved COVID-19 vaccines are available for all persons aged 12 years and older, and the evidence for their use in younger children is currently being reviewed.

END.

Reply:

The table below reflects the 2020 audited number of full-time lecturers in terms of their highest qualification at public universities.

Institution	Degree	Honours	Masters	Doctorate
Cape Peninsula University of Technology	23	89	374	240
Central University of Technology	2	31	152	126
Durban University of Technology	25	35	343	213
Mangosuthu University of Technology	10	17	117	47
Nelson Mandela University	29	60	251	315
North West University	90	211	472	800
Rhodes University	4	12	120	216
Sefako Makgatho University	8	171	302	130
Sol Plaatje University	4	6	54	65
Tshwane University of Technology	14	160	409	312
University of Cape Town	34	39	348	713
University of Fort Hare	18	33	121	163
University of Free State	26	63	346	472
University of Johannesburg	40	1	508	703
University of KwaZulu-Natal	50	31	388	761
University of Limpopo	29	101	257	209
University of Mpumalanga	5	11	39	64
University of Pretoria	5	9	353	873
University of South Africa	24	162	618	980
University of Stellenbosch	23	40	300	806
University of Venda	10	52	160	193
University of Western Cape	43	24	205	409
University of Witwatersrand	46	34	294	810
University of Zululand	2	14	147	153
Vaal University of Technology	14	34	170	79
Walter Sisulu University	54	100	340	169
Total	632	1 540	7 188	10 021

Reply:

It is premature to decide on whether the Minister of Health will sign or not sign the proposed convention, agreement, or other international instrument on pandemic prevention, preparedness, and response until a draft working document thereof is presented to Member States. The decision will therefore be informed by the scope of this Agreement in compliance with the prescripts in Section 231 of the Constitution of the Republic of South Africa.

END.

Reply:

This information is not readily available at the National Department of Health (NDOH), it is in health facilities which fall under the administration of provinces. Accordingly the NDOH is consulting with the provincial departments of Health to source this information. The Minister will provide a full response to the Question as soon as the information has been received from provinces.

END.

Reply:

1. This question was raised at the Portfolio Committee held on the 19 April 2022. The NHLS CEO investigated these matters and responded to the Chairperson of the Portfolio Committee in the letter dated 17 May 2022 (see attached letter).

Ms Seleka was a senior scientist at NICD and was charged with misconduct. She was subsequently dismissed, and the matter was later concluded at the CCMA as a result of a settlement agreement reached by both parties.

2. A report detailing a sequence of events surrounding the specified person’s case are found in the attached report.

3. Ms Mpho Seleka has never applied to the NHLS nor NICD after her services were terminated.

4. The NHLS confirms that Ms Mpho Seleka has never applied to the NHLS nor NICD after her services were terminated. There is, therefore, no record of her being invited to the interview and later released.

END.

Reply:

1. (a) For Nurses:

Year:	2018	2019	2020	2021	2022
Programmes
R425 Diploma	√	√	√	Phasing out	Phasing out
R425 Degree	√	√	√	Phasing out	Phasing out
R169 (Higher Certificate)	New programme	√	√	√
R171 (3-year Diploma)	New programme	√	√	√
R174 (4-year Degree)	New programme	√	√	√
Post Basic Diplomas*	√	√	Phasing out
Post Graduate Diplomas**	New programmes	CHE accreditation outstanding	CHE accreditation outstanding

*Post Basic Diplomas: Advanced Midwifery; Advanced Psychiatry; Child Nursing; Critical Care; Community Health Nursing; Child Psychiatry; Nephrology; Oncology; Ophthalmology; Peri-operative Nursing; Primary Health Care; Trauma & Emergency, Nursing Education, Occupational Health and Safety, Nursing Administration.

**Post Graduate Diplomas: Midwifery; Mental Health; Child Nursing; Critical Care (Adult); Critical Care(Child); Community Health Nursing; Nephrology; Nursing Education; Occupational Health Nursing; Oncology & Palliative Nursing; Ophthalmic Nursing; Orthopaedic Nursing; Peri-operative Nursing; Primary Care Nursing; Emergency Nursing; Health Service Management; Forensic Nursing; Infection Prevention and Control Nursing.

(b) For Specialist Medical Personnel:

This is the list of the qualifications for specialist medical personnel that are recognized by the Health Professions Council of South Africa offered by South African Academic Institutions - Health Sciences Faculties:

Doctor of Medicine	Master of Medicine (Ophthalmology)	Master of Science (Sports Medicine)
Doctor of Medicine (Clinical)	Master of Medicine (Orthopaedics)	Master of Surgery
Doctor of Philosophy (Medicine)	Master of Medicine (Otorhinolaryngology)	Masters of Public Health
Master of Domestic Medicine	Master of Medicine (Otorhinolaryngology)	Postgraduate Diploma in General Ultrasound
Master of Emergency Medicine	Master of Medicine (Paediatrics)	Postgraduate Diploma in Occupational Medicine and Health
Master of Family Practice	Master of Medicine (Pathology)	Postgraduate Diploma in Public Health Medicine
Master of Medicine (Anaesthesiology)	Master of Medicine (Physical Medicine)	Postgraduate Diploma in Clinical Evidence and Healthcare
Master of Medicine (Community Health)	Master of Medicine (Plastic Surgery)	Bachelor of Science (Honours) (Physiology)
Master of Medicine (Community Health)	Master of Medicine (Preventive Medicine)	Bachelor of Science (Aerospace Medicine)
Master of Medicine (Dermatology)	Master of Medicine (Psychiatry)	Diploma in Anaesthesiology
Master of Medicine (Emergency)	Master of Medicine (Radiological Diagnostics)	Diploma in Community Health
Master of Medicine (Family Medicine)	Master of Medicine (Radiology)	Diploma in Family Medicine
Master of Medicine (Forensic Medicine)	Master of Medicine (Surgery)	Diploma in Health Administration
Master of Medicine (Geriatrics)	Master of Medicine (Therapeutic Radiology)	Diploma in Industrial Health
Master of Medicine (Medicine)	Master of Medicine (Thoracic Surgery)	Diploma in Laryngology and Otology
Master of Medicine (Medical Administration)	Master of Medicine (Urology)	Diploma in Medical Administration
Master of Medicine (Neurology)	Master of Military Medicine	Diploma in Medical Radiology
Master of Medicine (Neurosurgery)	Master of Pharmacological Medicine	Diploma in Occupational Health
Master of Medicine (Nuclear Medicine)	Master of Science (Aerospace Medicine)	Diploma in Ophthalmology
Master of Medicine (Paediatric Surgery)	Bachelor of Science (Honours) in Medical Science (Reproductive Biology)	Master of Science (Medicine)
Master of Medicine (Röntgenological Diagnosis)	Bachelor of Science (Honours) in Medicine Science (Underwater Medicine)	Master of Science in Medicine (Bioethics and Health Law)
Master of Science (Medical Science in Clinical Epidemiology)	Diploma in Occupational Medicine	Diploma in Child Health
Postgraduate Diploma in Infection Control	Diploma in Oncochemotherapy	Diploma in Clinical Pathology
Bachelor of Science (Honours) in Medical Science (Hyperbaric Medicine)	Postgraduate Diploma in Health Research Ethics	Diploma in HIV/AIDS Management
Diploma in Tropical Health	Master of Surgery (Ophthalmology)	Master of Science in Medical in Pharmacology
Bachelor of Science (Honours) (Pharmacology)	Master of Surgery (Orthopaedics))	Bachelor of Dental Therapy
Doctor of Philosophy (Nutrition)	Master of Surgery (Otorhinolaryngology)	Bachelor of Science (Honours) (Medical Virology)
Master of Medicine (Primary Health Care)	Diploma in Cardiac Surgery	Diploma in Industrial Medicine
Master of Medicine (Pathology (Anatomy))	Diploma in Community Medicine	Diploma in Maternal and Child Health
Master of Medicine (Pathology (Chemical))	Diploma in Palliative Medicine	Diploma in Tropical Medicine and Hygiene
Master of Medicine (Pathology (Clinical))	Diploma in Psychological Medicine	Doctor of Philosophy in Health Professions Education
Master of Medicine (Pathology (Forensic))	Diploma in Obstetrics	Master of Medical Science (Critical Care)
Master of Medicine (Pathology (Haematology))	Master of Medical Science (Pharmacology))	Master of Philosophy: Infectious Diseases
Master of Medicine (Pathology (Microbiology))	Diploma in Clinical Pharmacology	Diploma in Forensic Medicine
Master of Medicine (Plastic and Reconstructive Surgery))	Postgraduate Diploma in Clinical HIV/AIDS Management	Philosophiae Doctor in Cardiothoracic Surgery
Master of Philosophy (Child and Adolescent Psychiatry)	Master of Medicine (Cardiothoracic Surgery)	Postgraduate Diploma in Family Medicine
Master of Philosophy (Emergency Medicine)	Master of Medicine (Radiotherapy and Oncology)	Postgraduate Diploma in Clinical Forensic Medicine
Master of Philosophy (Family Medicine / Primary Care)	Master of Medicine (Virology)	Doctor of Medicine (Psychiatry)
Master of Philosophy (Maternal and Child Health)	Masters in Occupational and Environmental Health	Doctor of Philosophy (Plastic and Reconstructive Surgery)
Master of Philosophy (Medical Genetics)	Diploma in Health Services Management	Doctor of Science in Medicine
Master of Philosophy (Occupational Health)	Doctor of Philosophy in Pharmacology	Master in Philosophy in Applied Ethics
Master of Philosophy (Paediatric Pathology)	Doctor of Science in Medicine	Master of Medicine (Comprehensive Medicine)
Master of Philosophy (Palliative Medicine)	Master of Medicine (Internal Medicine)	Master of Medicine (Medical Genetics)
Master of Philosophy (Sports Medicine)	Master of Science in Medicine (Maternal and Child Health)	Master of Medicine (Occupational Medicine)
Diploma in Tropical Health	Master of Surgery (Ophthalmology)	Master of Science in Medical in Pharmacology
Diploma in Medicine	Diploma in Radiological Diagnosis	Diploma in Travel Medicine
Diploma in Obstetrics and Gynaecology	Diploma in Radiotherapy	Certificate in Paediatric Neurology
Diploma in Ophthalmic Medicine and Surgery	Diploma in Surgery	Certificate in Gynaecological Oncology
Diploma in Paediatrics	Certificate in Critical Care	Certificate in Trauma Surgery
Diploma in Physical Medicine	Diploma in Primary Emergency Care	Cert Paed Neurol (SA)
Diploma in Psychological Medicine	Diploma in Allergology	Cert Gyn Oncol (SA)
Diploma in Public Health	Diploma in Cytology	Cert Trauma Surg (SA)
Diploma in Sleep Medicine	Diploma in Mental Health	Certificate in Urogynaecology
Diploma in Travel Medicine

(2) (a) For Nurses:

Programmes	Output per year
	2017	2018	2019	2020	2021
4 Year Diploma and Degree	3322	3564	3736	3608	3535
1 Year Higher Certificate		178
Specialist Nurses	4954	4527	4971	3372	4445

*All statistics obtained and collated from SANC (https://www.sanc.co.za/sanc-statistics/)

(b) For Specialist Medical Personnel:

The following is the number of Medical Specialists that qualified and registered with the Health Professions Council of South Africa between the years 2018 – 2022 in all the Specialist disciplines:

2018	2019	2020	2021	2022	Grand Total
679	624	556	724	236	2 819

* Annexure B attached provides a comprehensive information per discipline

(3) The table below shows the numbers of Medical personnel that have qualified between 2018 and 2022 as recognized by the Health Professions Council of South Africa for registration.

					REGISTRATION_YEAR
BRD_CODE	PROFESSIONAL_BOARD_NAME	REG_TYPE	REGISTER_CODE	REGISTER_NAME	2018	2019	2020	2021	2022	Grand Total
MDB	MEDICAL AND DENTAL PROFESSIONS BOARD	Intern	GCIN	INTERN GENETIC COUNSELLOR	3	5	3	6		17
			GRIN	INTERN GENETIC COUNSELLOR	1					1
			IN	INTERN	1,607	515	2,421	2,474	2,303	9,320
			MSIN	INTERN MEDICAL SCIENTIST	80	56	12	92	12	252
			PHIN	INTERN MEDICAL PHYSICIST	10	11	21	7	4	53
		Intern Total			1,701	587	2,457	2,579	2,319	9,643
		Practitioner	CA	CLINICAL ASSOCIATE	131	140	61	145	33	510
			DP	DENTIST	216	207	206	195	202	1,026
			GC	GENETIC COUNSELLOR		8	3	3	2	16
			MP	MEDICAL PRACTITIONER	1,782	2,146	1,900	2,111	2,279	10,218
			MS	MEDICAL BIOLOGICAL SCIENTIST	30	34	51	38	13	166
			PH	MEDICAL PHYSICIST	6	7	11	6	3	33
		Practitioner Total			2,165	2,542	2,232	2,498	2,532	11,969
	MEDICAL AND DENTAL PROFESSIONS BOARD Total				3,866	3,129	4,689	5,077	4,851	21,612

END.

Reply:

(1) (a) Refer to response to question 1484.

(b) (i) list of all NPOs funded in 2021-2022 financial year was provided in question 1484.

(ii) the total amount of funding allocated to each NPO in the 2021-2022 financial year was provided in question 1484.

(2) (a) Total number of NPOs has their budgets cut in the 2021-2022 financial year in each province:

Province	Budget Cuts
Eastern Cape (Annexure A)	A total of 1663 NPOs were affected by budget cuts in Eastern Cape Province per programme: Programme 3: Early Childhood Development – 1485
	Programme 4: Crime Prevention – 42 Victim Empowerment Programme – 136
	Programme 5: Nil
Free State (Annexure B)	0
Gauteng (Annexure C)	0
Kwa-Zulu Natal (Annexure D)	0
Limpopo (Annexure E)	The budget cuts were affected as per programmes and not individual NPOs. A total of 1868 NPOs within Programme 2, 3 and 4 in Limpopo Province were affected by budget cuts in 2021-22 FY. The breakdown per programme is as follows: Early Childhood Development (ECD) & Partial Care involving 1319 NPOs Services to People with Disabilities involving 131 NPOs affected Drop-in Centres (DIC) involving 349 NPOs Social Behaviour Change involving 9 NPOs Services to Families: District & Provincial Councils affecting 59 NGOs/NPOs Victim Empowerment Programme – 69 NPO.
Mpumalanga (Annexure F)	Welfare Services: One Community Development: Nil
North West (Annexure G)	0
Northern Cape (Annexure H)	0
Western Cape (Annexure I)	0

(2) (b) the names of the NPOs that had their budgets cut and (c) the cuts amount to in total.

Province	Names of NPOs that had their budgets cut	Amounts cut per NPO
Eastern Cape (Annexure A)	Refer to Annexure A for the lists per programmes. Programmes indicated on the list are:
	Programme 3: Early Childhood Development (except special day care centres)	R26 425 344
	Programme 4: Crime Prevention (42) and Victim Empowerment Programme (166)	Programme 4 - The budget cuts amounted to R7 321 000
	Programme 5:	Nil
Free State (Annexure B)	0	Nil
Gauteng (Annexure C)	0	Nil
Kwa-Zulu Natal (Annexure D)	0	Nil
Limpopo (Annexure E)	6 programmes in Limpopo Province were affected by budget cuts and they are:	A total of R135 800 000 million was cut from Programme 2,3 and 4.
	Early Childhood Development (ECD) & Partial Care.	R70 million
	Services to People with Disabilities	R9 million
	Drop-in Centres (DIC)	R38 million
	Social Behaviour Change	R9 million
	Services to Families	R100 000
	Victim Empowerment Programme	R9.7 million
Mpumalanga (Annexure F)	Welfare Services: Emmanuel Family Home CYCC Community Development: A contract of Honey Dew Youth Development Centre was terminated due to poor management of funds. An amount of R242 014 was suspended, following the identification of replacement NPO. The allocated budget was spent in line with the planned outputs for 2021/22.	R48 000 Nil
North West (Annexure G)	n/a
Northern Cape (Annexure H)	n/a
Western Cape (Annexure I)	n/a

 

Reply:

(1) The Onderstepoort Biological Products (OBP) is currently producing African Horse Sickness vaccine in order to ensure sufficient doses for the vaccination season. The OBP is continuously keeping the Equine Industry informed of the status in this regard.

(2) Yes. OBP has a functioning Freeze-Dryer.

Reply:

(a) Temporary disability grants, as the name itself denotes, is awarded for a specific period, which is determined by the outcome of a medical assessment undertaken. At the end of the specified period, the grant lapses and the applicant can re-apply if still unable to work as a result of the medical condition. No temporary disability grant is placed in a “frozen” status, pending assessment.

(b) As of 23 May 2022, a total of 25 952 clients are awaiting assessments by medical doctors. There are no clients waiting for an assessment in excess of 30 days or more. See below for provincial assessment bookings:

CLIENTS WAITING FOR ASSESSMENTS
Region	Awaiting Assessments	Awaiting ≥ 30 days
NORTH WEST	1608	0
MPUMALANGA	1660	0
NORTHERN CAPE	802	0
FREE STATE	514	0
GAUTENG	5021	0
WESTERN CAPE	9240	0
EASTERN CAPE	885	0
KWAZULU NATAL	4571	0
LIMPOPO	1651	0
TOTAL	25 952	0

 

(c) In 2021/22, 243 823 temporary disability grants lapsed. Unfortunately, SASSA is not able to determine immediately how many clients have re-applied, but can confirm that no client whether new or a re-application has a medical assessment outstanding for more than 30 days.

Reply:

No. The Minister will not appeal the Judgment. The Department of Agriculture, Land Reform and Rural Development (DALRRD) filed an implementation plan in court to address the order against the Minister. Furthermore, DALRRD is also filing three-monthly reports with the court as ordered.

Reply:

1. Ad Question 1

1.1 Government Notice No. 1114 of 19 October 2018 (hereinafter referred to as "Annexure A"), provides for the appointment of a "law enforcement officer appointed by municipalities" as peace officers in terms of section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) (the CPA). The meaning of the expression "law enforcement officer appointed by a municipality" in Annexure A, is to a large extent already discussed in paragraph 4 of the written reply to Question 1802, where it is indicated that the expression must be interpreted as a member of a municipal police service and a traffic officer or reserve traffic officer or traffic warden or reserve traffic warden appointed by a municipality.

1.2 A summary of paragraph 4 of the written reply to Question 1802 is provided below:

1.2.1 The designation of peace officers must take place within the confines of section 334 of the CPA and other applicable legislation.

1.2.2 The Constitution of the Republic of South Africa, 1996 (the Constitution), provides that the:

(a) Security services of the Republic consist of a single defence force, a single police service and any intelligence services;

(b) Security services, other than those established in terms of the Constitution, may be established only in terms of national legislation;

(c) National legislation must establish the powers and functions of the police service and must enable the police service to discharge its responsibilities effectively, taking into account the requirements of the provinces; and

(d) National legislation must provide a framework for the establishment, powers, functions and control of municipal police services.

1.2.3 Chapter 12 of the South African Police Service Act, 1995 (Act No. 68 of 1995) (the SAPS Act), gives effect to the aforementioned provisions of the Constitution and provides for the following:

(a) A municipality may apply to the member of the Executive Council for the establishment of a municipal police service for its area of jurisdiction;

(b) the functions of a municipal police service, which are traffic policing, policing of municipal by-laws and regulations which are the responsibility of the municipality in question, and the prevention of crime; and

(c) a member of a municipal police service:

(i) may exercise such powers and perform such duties as are by law conferred upon or assigned to a member of a municipal police service; and

(ii) is a peace officer and may exercise the powers conferred upon a peace officer by law within the area of jurisdiction of the municipality.

1.2.4  Although sections 64F, 64H, 64I and 64Q of the SAPS Act and regulations 8, 10 and 11 of the Regulations made under section 64P of the SAPS Act, refer to "member of the Service", the expression "law enforcement officer appointed by a municipality" is linked to section 64 of the SAPS Act, which provides that Chapter 12 of the SAPS Act must not be interpreted so as to derogate from the powers of the Member of the Executive Council responsible for transport and traffic matters. The National Road Traffic Act, 1996 (Act No. 93 of 1996) (the NRT Act), provides that a local authority may appoint persons as traffic officers or reserve traffic officers or traffic wardens or reserve traffic wardens to exercise or perform within its area such powers and duties of a traffic officer. Many local authorities have traffic officers and traffic wardens who are not members of their municipal police service. Although the powers of traffic officers and traffic wardens are provided for in the NRT Act, enforcement mechanisms are reliant on the powers conferred upon them as peace officer in terms of section 334 of the CPA.

1.3 Annexure A does not make provision for "learner law enforcement officers". As the Cabinet member responsible for the administration of justice, I have, in terms of section 334(3)(a) of the CPA, prescribed that:

(a) A certificate of appointment referred to in section 334(2)(a) of the CPA, must be issued to a person referred to in Column 1 of the Schedule to Annexure A, only if the employer of that person has been furnished with a certificate of competency issued by the National Commissioner of the South African Police Service;

(b) It must be stated in the certificate of competency contemplated in paragraph (a) that, in the opinion of the National Commissioner of the South African Police Service, such person is competent to exercise the powers stated in Column 4 of the Schedule to Annexure A; and

(c) for the purposes of the issuing of a certificate of competency by the National Commissioner of the South African Police Service, must consider the training received by the applicant with regard to the powers to be exercised in Column 4 of the Schedule to Annexure A.

2. Ad Question 2

See paragraph 1.3, above.

Reply:

a) National Department of Social Development

Programme	Budget Reduction R’000
Compensation of Employees (All) Goods and Services (All)	(63 000) (27 000)
Transfers and Subsidies
Social Assistance Grants (P2)	(8 000 000)
SASSA Administration (P3)	(641 000)
National Development Agency (P5)	(20 900)
Grand Total	(8 751 900)

(i) Social Assistance Grants – R 8 billion

An amount of R8 billion was reduced in the 2021/22 financial year from the Social Assistance programme.

(ii) SASSA – R 641 million

An amount of R641 million was reduced from the SASSA Admin baseline as a result of the wage bill containment strategy as announced in the 2020 Budget.

• An amount of R20.9 million was reduced from the baseline of the NDA as a result of the wage bill containment strategy as announced in the 2020 Budget.

• An amount of R63 million was reduced from the NDSD personnel budget baseline as a result of the wage bill containment strategy as announced in the 2020 Budget.

• An amount of R27 million was reduced from the Goods and Services as a direct implication on the budget reduction of the personnel budget

b) Provincial Departments of Social Development

Eastern Cape

An amount of R77,951 million has been reduced from various programmes. An amount of R18.8 million has been reduced from programmes related to Compensation of Employees. R59,151 million has been reduced from Transfer and subsidies and is listed below:

Programme	Budget Reduction R’000
Compensation of Employees (All)	(18 800)
Transfers and Subsidies
Administration	(841)
Social Welfare Services	(14 239)
Children and Families	(36 719)
Restorative Services	(5 023)
Development and Research	(2 329)
Sub Total – Transfer and Subsidies	(59 151)
Grand Total	951)

Free State

From the 2021/22 financial year, the departmental budget decreased with R77.196 million. The cuts were mainly on Compensation of Employees as a result of freezing of annual salary adjustments over the MTEF, as listed below:

Programme	Budget Reduction R’000
Administration	(36 387)
Social Welfare Services	(15 422)
Children and Families	(22 004)
Restorative Services	18 980
Development and Research	(23 083)
Total	(77 916)

Gauteng

The Gauteng Department of Social Development baseline allocation was reduced by R420.3 million in the 2021/22 financial year and the below table reflects the budget cuts per programme:

Programme	Budget Reduction R’000 (Million)
Administration	(35 330)
Social Welfare Services	(24 441)
Children and Families	(181 766)
Restorative Services	(115 676)
Development and Research	(63 130)
Total	343)

KwaZulu-Natal

The table below reflect the budget cuts to the 2021/22 financial year per programme:

Programme	Budget Reduction R’000
Administration	(45 779)
Social Welfare Services	(59 332)
Children and Families	(172 798)
Restorative Services	(20 000)
Development and Research	(25 000)
Total	909)

Limpopo

An amount of R 482. 6 million was cut across all programs during 2021/22 financial year as indicated below:

Programme	Budget Reduction R’000
Administration	(80 788)
Social Welfare Services	(74 649)
Children and Families	(225 563)
Restorative Services	(56 469)
Development and Research	(45 217)
Total	(482 686)

Mpumalanga

There were no budgets decreases to any of the programmes imposed for the 2021/22 financial year.

However, an amount of R80.0 million was decreased during the 2021/22 budget adjustment process during September 2021 related to the new social infrastructure projects.

Northern Cape

The Department’s EPWP allocation was reduced from R9,3 million to R5,2 million allocation for the 2020/21 and 2021/22 financial year respectively.

North West

The budget reduction implemented in 2021/22 financial was R 228.4 million, and in 2022/23 R 311.5 million and a further transfer of ECD function to the Department of Education amounting to R 192 million.

Analysis of the budget reduction during the 2021 MTEF is discussed in the analysis table below: -

Below is the breakdown of budget reduction per programme

Programme	Budget Reduction R’000
Administration	(11,195)
Social Welfare Services	(77,882)
Children and Families	(75,710)
Restorative Services	(35,360)
Development and Research	(28,274)
Total	(228,421)

Budget reduction per economic classification

Economic classification	Budget Reduction R’ 000
Compensation of employees	(150,007)
Goods and Services	(24,869)
Non-profit institutions	(41,028)
Machinery and equipment	(12,517)
Total	(228,421)

Compensation of employees

The reduction on compensation of employees implies that the Department will not be able to appoint critical posts, and the phasing out of performance awards and other improvement on conditions of services.

Goods and services

The reduction on this economic classification was mainly on services not to be rendered during COVID-19 i.e. venues and facilities, catering due to restrictions implemented at that stage.

Transfers and subsidies

This reduction had an implication on the targets to our funded NGO’s, and expansion of services.

Machinery and equipment

The reduction on this economic classification was mainly aligned to the reduction on compensation of employees.

Western Cape

The Western Cape DSD have the following budget cuts over the 2020 MTEF.

Programme	Budget Reduction R’000
Administration	(41,503)
Social Welfare Services	(82,048)
Children and Families	(42,366)
Restorative Services	(63,200)
Development and Research	7, 266
Total	(221,851)

• The reduction on Compensation of employees impacted services offered by the Department. Norms and standards ratio for child vs care worker were not met and increased absenteeism.

• The ability to respond to disasters and humanitarian relief was severely impacted. There was limited ability to address food insecurity where SASSA didn't have additional funding.

• The EPWP (Extended Public Works Programme) was reduced by R9.944 million.

• The department received an additional R25 million to strengthen food relief measures in support of the Western Cape Recovery Plan.

Reply:

No. The Onderstepoort Biological Products (OBP) is currently producing African Horse Sickness vaccine in order to ensure sufficient doses.

The Department of Agriculture and Rural Development (DALRRD) communicated with the South African Equestrian Federation (SAEF) in relation to the availability and distribution of the African Horse Sickness vaccines for the new vaccination season which commenced on 1 June 2022.

Reply:

1 (a) The projected number of beneficiaries for CSG top up are as follow:

• 2022/23 - 191,200
• 2023/24 - 238,500
• 2024/25 - 287,400

(b) The CSG top-up grant is not a new grant as it builds on the existing Child Support Grant by increasing the amount allocated to orphans in the care of relatives and orphans in child-headed households.

The following criteria is used to identify potential CSG top up beneficiaries:

• A child heading a household who is aged between 16 and 18 can apply for and receive the child support grant for him/herself as well as receive the CSG Top Up for the children under his/her care.
• A caregiver, or relatives of orphans taking care of orphaned children can apply for the CSG Top Up;
• CSG Top up applicants are subjected to the means test, where the applicant’s income and /or his/her spouse is considered.

The following requirements need to be adhered to in order to qualify for a CSG top up:

• Relatives will need to provide proof that they are related to the child by attesting to their relation to the child.
• Applicants need to provide proof that the child is an orphan by producing:
  • A death certificate/s of the child’s parents or
  • An affidavit attesting to their lack of knowledge as to whether the child’s parent is dead or alive.

(c) The CSG top up is set at the level of 50% of the Child Support Grant (CSG), and government will try to maintain it at this level. Thus when it is implemented in June 2022, the value of the CSG will be R480, the top up will be R240, bringing the total value of the CSG with the top up to R720.

(d) Due to delays with the translation of the regulations, it is expected that the regulations will only be published in June 2022. Potential beneficiaries will need to apply for the grant, and will be paid the top-up together with their CSG (as one payment).

(e) The projected expenditure for CSG top up for 2022/23 financial year is R550.66million, however will be lower due to delayed implementation.

(2) In June 2022, when the regulations are published applications will be taken manually at SASSA local offices. Later during the course of the year the online application system will be amended to accommodate the CSG Top-Up grant.

(3) The CSG top up is not a standalone grant, but an additional amount payable over and above the CSG; similar to the top up provided on the Older Persons Grant for those over 75. Once legislated it will be a permanent benefit, provided that beneficiaries meet the qualifying criteria for the CSG and those for the additional CSG top up.

(4) The CSG top up has not yet been implemented, thus it has not yet been evaluated. (a) However, we do know that the CSG has significant positive developmental impacts on the lives of children. These benefits relate to the increased income in households that receive grants; it is thus expected that this increase in the value of the CSG (through the top up) will increase those benefits. (b) Attached find a copy of the Child Support Grant impact evaluation study conducted by the department.

 

Reply:

1. In terms of section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) (the CPA):

"(1) (a) The Minister may by notice in the Gazette declare that any person who, by virtue of his office, falls within any category defined in the notice, shall, within an area specified in the notice, be a peace officer for the purpose of exercising, with reference to any provision of this Act or any offence or any class of offences likewise specified, the powers defined in the notice.

(b) The powers referred to in paragraph (a) may include any power which is not

conferred upon a peace officer by this Act.

(2) (a) No person who is a peace officer by virtue of a notice issued under

subsection (1) shall exercise any power conferred upon him under that subsection unless he is at the time of exercising such power in possession of a certificate of appointment issued by his employer, which certificate shall be produced on demand.

(b) A power exercised contrary to the provisions of paragraph (a) shall have no

legal force or effect.

(3) The Minister may by notice in the Gazette prescribe-

(a) the conditions which shall be complied with before a certificate of

appointment may validly be issued under subsection (2)(a);

(b) any matter which shall appear in or on such certificate of appointment in addition to any matter which the employer may include in such certificate.

(4) Where the employer of any person who becomes a peace officer under the

provisions of this section would be liable for damages arising out of any act or omission by such person in the discharge of any power conferred upon him under this section, the State shall not be liable for such damages unless the State is the employer of that person, in which event the department of State, including a provincial administration, in whose service such person is, shall be so liable.".

2. In terms of Part 5(a) of the Schedule to Government Notice No. R. 209 of 19 February 2002 (the Notice), law enforcement officers appointed by municipalities, were in terms of section 334 of the CPA, declared peace officers within the area of a local authority to exercise certain law enforcement functions. Government Notice No. 1114 of 19 October 2018 (hereinafter referred to as "Annexure A"), provide anew for the appointment of law enforcement officers appointed by municipalities as peace officers in terms of section 334 of the CPA and repeal Part 5(a) of the Schedule to the Notice.

3. Paragraph (a) of Annexure A states that the Cabinet member responsible for the administration of justice (the Minister), has in terms of section 334(1)(a) of the CPA declared "every person who, by virtue of his or her office, falls within a category defined in Column 1 of the Schedule to this notice, shall, within the area specified in Column 2 of the Schedule, be a peace officer for the purpose of exercising, with reference to the offences specified in Column 3 of the Schedule, the powers defined in Column 4 of the Schedule". A "Law Enforcement Officer appointed by a municipality" is listed in Column 1 of the Schedule to Annexure A. Annexure A does not clarify the meaning of a "Law Enforcement Officer appointed by a municipality".

4. To determine whether Annexure A empowers a municipality to establish a criminal investigation unit outside of a municipal police service, it is necessary to consider the expression "Law Enforcement Officer appointed by a municipality" in Annexure A in the following context:

4.1 The appointment of peace officers in terms of section 334 of the CPA, is subordinate legislation and cannot be used to override or amend any other Act of Parliament. The designation of peace officers must therefore take place within the confines of the Constitution, the empowering provision and other applicable legislation.

4.2  4.2. Section 199(1) of the Constitution of the Republic of South Africa, 1996 (the Constitution), provides that the security services of the Republic consist of a single defence force, a single police service and any intelligence services established in terms of the Constitution. Section 199(3) of the Constitution provides that security services, other than those established in terms of the Constitution, may be established only in terms of national legislation. Section 205 of the Constitution provides that national legislation must establish the powers and functions of the police service and must enable the police service to discharge its responsibilities effectively, taking into account the requirements of the provinces. Section 206(7) of the Constitution provides that national legislation must provide a framework for the establishment, powers, functions and control of municipal police services.

4.3 It is submitted that sections 64 – 64Q (Chapter 12) of the South African Police Service Act, 1995 (Act No. 68 of 1995) (the SAPS Act), gives effect to the aforementioned provisions of the Constitution.[1] Section 64A of the SAPS Act provides that a municipality may apply to the member of the Executive Council for the establishment of a municipal police service for its area of jurisdiction. The Cabinet member responsible for policing (the Minister of Police), has, under section 64P of the SAPS Act made regulations to facilitate such applications.[2] Section 64E provides that the functions of a municipal police service are traffic policing, subject to any legislation relating to road traffic; the policing of municipal by-laws and regulations which are the responsibility of the municipality in question; and the prevention of crime. In terms of section 64F a member of a municipal police service exercises such powers and perform such duties as are by law conferred upon or assigned to a member of a municipal police service; exercises such powers conferred upon a member of the South African Police Service (the SAPS), as may prescribe by the Minister of Police; and is a peace officer and may exercise the powers conferred upon a peace officer by law within the area of jurisdiction of the municipality. Sections 64F further provides that where the exercise of power includes the power to seize an article, the member of the municipal police service shall forthwith deliver the article to a member of the SAPS. Section 64H provides that a person arrested by a member of a municipal police service must be brought to a police station under the control of the SAPS.

4.4  The use of the expression "Law Enforcement Officer appointed by a municipality" as opposed to " member of a municipal police service" is linked to section 64 of the SAPS Act, which provides that Chapter 12 of the SAPS Act must not be interpreted so as to derogate from the powers of the Member of the Executive Council responsible for transport and traffic matters. In terms of section 3A of the National Road Traffic Act, 1996 (Act No. 93 of 1996) (the NRT Act), a local authority may appoint persons as traffic officers or reserve traffic officers or traffic wardens or reserve traffic wardens to exercise or perform within its area such powers and duties of a traffic officer. Many local authorities have traffic officers and traffic wardens who are not members of their municipal police service. Although the powers of traffic officers and traffic wardens are provided for in section 3I and other provisions of the NRT Act, enforcement mechanisms are reliant on the powers conferred upon them as peace officers in terms of section 334 of the CPA.

5. In light of the aforementioned, the expression "Law Enforcement Officer appointed by a municipality" cannot be relied upon to extend the scope of Annexure A, which was used to cater for traffic officers and traffic wardens who are not members of municipal police services, as explained in paragraph 4.4. above. Annexure A must be interpreted in the confines of section 334 of the CPA and other applicable legislation which refutes any interpretation that Annexure A empowers a municipality to establish a criminal investigation unit outside the ambit of Chapter 12 of the SAPS Act. Sections 64E, 64F and 64H (discussed in paragraph 4.3. above), clearly do not afford a municipal police service the power to investigate offences and neither does Annexure A. Members of a municipal investigation unit, that has not been established as a municipal police service in terms of Chapter 12 of the SAPS Act, cannot be regarded as peace officers for the purpose of exercising, with reference to the offences specified in Column 3, the powers specified in Column 4 of the Schedule to Annexure A.

1. Various laws confer powers, that are similar to the powers of police officials, on functionaries in a regulatory context - (see among others, Chapter 7 of the National Environmental Management Act, 1998 (Act No. 107 of 1998), sections 26 and 28 of the Medicines and Related Substances Act, 1965 (Act No. 101 OF 1965), etc. ↑

2. Government Notice No. R. 710 of 11 June 1999 as amended by Government Notice No. R. 854 of 9 July 1999. Regulation 1, among others, provides that "a detailed exposition of the organisational structure of the said municipal police service, indicating the number of persons which the municipal council contemplates to appoint as members thereof and setting out the number of such members who will primarily be utilised to -(i) render traffic policing services;(ii) enforce municipal by-laws and regulations; and(iii) render crime prevention services". ↑