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31 July 2020 - NW1092

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Kohler-Barnard, Ms D to ask the Minister of State Security

What (a) number of persons are currently employed in an (i) administrative and (ii) operational capacity in the State Security Agenc’s (aa) domestic and (bb) foreign intelligence Divisions, (b) number of the specified persons have criminal records in each case and (c) are the relevant details of the (i) offence(s) each person was convicted of and (ii) date on which each conviction was made; (2) Why are the persons with criminal records employed in each of the specified Intelligence Divisions?

Reply:

1 (a)

1. (aa) (i) Operational Capacity is: 1501 and

(ii) Administrative Capacity is: 147

1. (bb) (i) Operational Capacity is: 291 and

(ii) Administrative Capacity is: 22

1. (b) None

1. (c) (i) & (ii) Not applicable given 1(b).

2. Not applicable given 1(b).

31 July 2020 - NW626

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Ngwenya, Ms DB to ask the Minister of Social Development

What (a) number of permits did her department issue to parents who are co-parenting and need to travel as co-parents living separately and (b) measures did her department put in place to ensure that parents who receive permits to travel as co-parents living separately do not abuse the permits issued?

Reply:

(a)(b) I would like to inform the honourable member that the Department of Social Development does not issue permits. The Departments of Home Affairs is responsible for this permits.

National Assembly written Reply: 626 of 2020

30 July 2020 - NW1494

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Masipa, Mr NP to ask the Minister of Justice and Correctional Services

(a) What is the current status of the investigation by the Special Investigating Unit in terms of Proclamation R 7 of 2014, published in the Government Gazette No 37346 on 14 February 2014, and (b) by what date is it envisaged that the specified investigation will be concluded?

Reply:

I have been informed by the Special Investigating Unit (SIU) that Proclamation R7 of 2014 published in the Government Gazette No. 37346 on 14 February 2014, was amended by Proclamation R599 of 2015 published in the Government Gazette No. 38985 on 10 July 2015 and again amended by Proclamation R32 of 2017 published in the Government Gazette No. 41165 on 6 October 2017.

Proclamation R7 of 2014 and certain amendments of Proclamation R599 of 2015 investigated matters: (1) at the Bloemfontein, Cape Town and Pretoria Registrar of Deeds Offices; and also investigated (2) irregularities by the Department of Rural Development and Land Reform in relation to the e-Cadastre Project (Gijima).

The investigations into matters (1) and (2) above have been concluded and the final

reports were submitted to the Presidency on 26 March 2020.

Proclamation R599 of 2015 mandated the SIU to investigate matters at the Johannesburg Registrar of Deeds. Proclamation R32 of 2017 mandated the SIU to investigate matters at the Vryburg Registrar of Deeds. Both investigations are still ongoing and they are expected to be completed by the end of the 2020/2021 financial year.

30 July 2020 - NW1617

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Gondwe, Dr M to ask the Minister of Defence and Military Veterans

(1)Whether the co-ordinated response of the Southern African Development Community (SADC) to the insurgency in Mozambique will include the use of private military contractors; if not, what is the position in this regard; if so, what are the relevant details; (2) (a) what is the nature of the coordinated SADC regional political and military approach that has been recommended in response to the insurgency, (b) which countries were involved in the formulation and articulation of the approach and (c)(i) on what date will the plans for the approach be (i) finalised and (ii) made public?

Reply:

(1)  The coordinated response of SADC to the insurgency in Mozambique is a matter involving the member state and the Regional body. The details of that response can best be articulated by the Chair or the Secretariat of SADC.

2. (a) The nature of the coordinated SADC regional political and military approach in response to the insurgency is informed by the decisions of the SADC Organ on Politics, Defence and Security Affairs.

     (b)  The organ is the determinant of the countries to be involved in such activities. 

(c)     The organ will also prescribe the time lines for the finalization and announcement of such plans to the public. 

30 July 2020 - NW1539

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Graham, Ms SJ to ask the Minister of Defence and Military Veterans

(1) Whether the solution employed in 2015 by soldiers of the SA National Defence Force (SANDF) protecting the border between Mozambique and South Africa in the Ndumo area of placing boulders at various breach points in the fence for about 30 kms, which served to reduce the number of vehicles being illegally transported across the border, is still being employed in the area; if not, (a) on what date did the SANDF stop using the rocks and (b) why did they stop; if so, (i) what amount of maintenance is required and (ii) what was the impact of this solution in terms of the reduction of numbers of illegal border breaches; (2) whether she has found that this (a) can be a solution to fence security in areas of vehicular breaches on our borders and (b) will be a viable addition to the materials mix for border fencing; if not, what is the position in this regard; if so, what are the relevant details; (3) what other alternative mechanisms and materials is her department considering for augmenting the border fences?

Reply:

The solution employed in 2015 is still in use as one of the tactical measures to assist in border safeguarding especially in prevention of illegal cross-border movement and vehicle theft.

(1)(a) The SANDF has not stopped using the concept.

(1)(b) The effort has not been stopped.

(1)(i) No maintenance required as it is a temporary measure.

(1)(ii) The effort has, and is still making a very good impactin reducing the number of stolen vehicles illegally crossing the borderline.

(2)(a) It is not a solution but a military tactic of war, where soldiers create or put obstacles to stop movement or limit the speed of movement where required. The idea or concept can be adopted accordingly to address the porousness of our borders.

(2)(b) Yes, the concept can be a solution to fence security in areas of vehicular breaches on our borders. Evidence to this is that the KZN Provincial government adopted this operational concept and established a project to construct Modified Jersey Barriers to be installed on the borderline to replace the boulders and railway sleepers that the soldiers had put up. The Modified Jersey Barriers are 1.5 meters high and are much more stable and a long term infrastructure to prevent vehicular or wheeled movement across the borderline.

(3) The DOD has identified the use of security technology as one of the solutions that will make a huge and significant improvement in enhancing the borderline security and as such contribute to maintaining the territorial integrity of the RSA.

30 July 2020 - NW1632

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Van Dyk, Ms V to ask the MINISTER OF SPORT, ARTS AND CULTURE

(1). On what date (a) did the term of the Free State Provincial Arts and Culture Council end and (b) was the new council appointed; (2). whether the positions were advertised; if not, what is the position in this regard; if so, (a) on which platform was the advertisement published, (b) what total number of applications were received and (c) on what date(s) were the interviews conducted; (3). whether all procedures were followed to adhere to legislation; if not, why not; if so, what are the relevant details?

Reply:

Kindly note that unfortunately, I will not be in a position to respond to this question as the term of the Free State Provincial Arts and Culture Council is the competency of the Provincial Department and not the National Department.

30 July 2020 - NW1626

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Hill-Lewis, Mr GG to ask the Minister of Defence and Military Veterans

What (a) are the relevant details and (b) is the total (i) number and (ii) amount of all disbursements made available to each province by (aa) her department and (bb) the SA National Defence Force in response to the Covid-19 pandemic?

Reply:

1. The Department of Defence (SANDF) is a national department that is centrally managed therefore does not disburse funds to provinces. The SANDF’s funds as allocated by the National Treasury (NT) are centralised within the Services and Divisions, therefore no funding is allocated separately to any province. All expenditure with respect to the COVID-19 pandemic management is processed and approved centrally in terms of ordered commitments and appreciated requirements.

30 July 2020 - NW1274

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Horn, Mr W to ask the Minister of Human Settlements, Water and Sanitation

What was the total number of bucket toilets in use at households in each municipality in the Free State at the end of the 2016-17, 2017-18 and 2019-2020 financial years?

Reply:

The total number of bucket toilets in use in formal households in the Free State at the end of the 2016-17, 2017-18 and 2019-2020 financial years is indicated in the table below:

Municipality

2016/2017

2017/2018

2019/2020

1. Matjhabeng

1623

654

-

2. Setsoto

6615

6032

6032

3. Phumelela

373

-

-

4. Mafube

3546

-

-

5. Ngwathe

1647

1336

-

6. Tokologo

2543

2543

1279

7. Nketoana

3711

3711

2891

8. Kopanong

276

276

-

TOTAL

17791

11847

10202

The Free State currently remains with seven (7) projects with a backlog of 10 202 buckets to eradicate. These projects are in the process of constructing bulk services such as outfall sewer line (linking the settlement to the Waste Water Treatment Works) as well as pump stations.

30 July 2020 - NW1402

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King, Ms C to ask the Minister of Justice and Correctional Services

(a) On what date did the MojaPay system crash and (b) which provinces have been affected by the crash of the MojaPay system; (2) what number of child maintenance beneficiaries have not received their funds since 1 March 2020; (3) whether the database of maintenance beneficiaries on the MojaPay system is accurate; if not, why not; (4) by what date does he envisage the MojaPay system will be completely operational?

Reply:

1 (a) The MojaPay system crashed on the evening of 4 May 2020. It unfortunately crashed during the Alert Level 4 lockdown, and as a result, several maintenance beneficiaries did not receive their maintenance benefits.

(b) All provinces were affected by the crash. However, the Eastern Cape (EC) and KwaZulu Natal (KZN) provinces were severely affected by the crash as the disruption was further exacerbated by the migration from the old payment system known as Justice Department of Accounting System (JDAS) to the new MojaPay system.

2. Approximately 1 500 beneficiaries were affected from 1 April 2020, and this resulted in several maintenance beneficiaries not receiving their monthly payments. The reasons for non-receipt of payments are two-fold:

(a) The closure of legacy JDAS system on 31 March 2020 interrupted the processing of payments for some courts primarily in the EC and KZN. In EC, the crash affected 622 maintenance beneficiaries, whereas in KZN only 47 beneficiaries were affected as at the end of June 2020. The closure of the JDAS system was due to the decision taken by the Department that all the beneficiaries who are not on Direct Payment, will have been migrated to MojaPay by 31 March 2020. However, it transpired that there were some courts that had not been able to migrate the beneficiaries’ data to MojaPay by 31 March 2020. The old JDAS system was closed in respect of the EC and KZN despite the fact that not all courts in the two (2) provinces had been successfully migrated to the MojaPay system.

(b) However, it must be noted that beneficiaries are still being migrated from the legacy system JDAS to MojaPay on daily basis. The total number of beneficiaries still to be migrated is approximately 6 500, mainly Eastern Cape and Western Cape compared to 245 000 beneficiaries migrated when the new system (MojaPay) started.

3. Yes, the database on MojaPay is accurate insofar as it reflects the data captured by end users as part of migration to the new system.

4. The MojaPay application has been restored incrementally from 12 May 2020 and is fully functional from 28 May 2020.

In conclusion, it is important to note that the migration from the old JDAS to the new MojaPay system is part of the Department’s endeavour to prevent possible duplicated payments and potential risks to the department’s financial accountability. The decision to nonetheless close the old system has severely affected the livelihoods of the maintenance beneficiaries. It is for this reason that I have directed the Acting Director-General to investigate this matter further. The investigation will include the cause of the crash and its wider impact, besides the maintenance payments. The investigation is with a view of ensuring that an appropriate corrective action is taken to avoid recurrence in the future.

 

30 July 2020 - NW1011

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Weber, Ms AMM to ask the Minister of Human Settlements, Water and Sanitation

(1)Whether, with reference to her reply to question 1301 on 21 November 2019, her department issued any directives to a certain company (name furnished); if not, why not; if so, (a) what are the relevant details and (b) will she furnish Ms A M M Weber with copies of all directives issued to the specified company; (2) whether, in light of the follow-up visit to the specified mine on Portion 24 and 31 of farm Boschmanspoort 159 IS on 11 February 2020, her department has since received an application for a water use licence; if not, what is the position in this regard; if so, what are the relevant details; (3) whether any law enforcement actions were executed against this mining company as her department confirmed that the company was not allowed to mine on the farm; if not, why not; if so, (a) on what date(s) did the enforcement actions take place and (b) what were the results?

Reply:

(1) The department of Water and Sanitation issued a Directive to the company referred to by the Honourable Member on 6 March 2020. The Directive, amongst others, outlined transgressions by the company and requested a remedial action plan. Further, the Directive instructed the company to:

  • Appoint an independent environmental consultant to compile and submit a rehabilitation plan for addressing remediation of overflowing manholes and possible groundwater contamination remediation plan and all areas affected by the activity, to the Department within 14 days upon receipt of the directive.
  • Implement all the recommendations contained in the rehabilitation plan and remedy the areas affected by the water use activities within thirty (30) working days of Departmental approval of the rehabilitation plan.

(2) In the aftermath of the follow up inspection on 10 February 2020 and 18 May 2020, it was observed that there were no mining activities that were taking place. The Department of Water and Sanitation (DWS) has no records of the company’s application for water use authorisation on the Eelectronic Water Use Licence Authorisation Application System (e-WULAAS).

(3) (a) Further administrative enforcement action was taken by issuing another directive dated 11 March 2020 following the notice of intention to issue a directive. After the issuance of the directive, the mine requested a meeting with the department but due to lock down the meeting was postponed.

(b) The letter of appointment of the Environmental Consultant was received after the issuance of the directive dated 11 March 2020 indicating that the Environmental Consultant will compile the rehabilitation plan for the affected areas as per the directive. Based on the follow up inspection of 18 May 2020 there have been no mining activities taking place.

29 July 2020 - NW1473

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Madlingozi, Mr BS to ask the MINISTER OF SPORT, ARTS AND CULTURE

What (a) is the number of statues of (i) colonial and (ii) apartheid figures in the Republic, (b) is the exact location of each statue, (c) amount did it cost his department to (aa) maintain and (bb) safeguard the statues in each of the past five financial years and (d) are the formal requirements for removing statues?.

Reply:

There is currently (a) no complete consolidated number of statues of (i) colonial and (ii) apartheid figures in the Republic. The management of monuments, memorials and statues is the responsibility of Provincial Heritage Resources Authorities (PHRAs).

Only when the inventory of these resources is submitted to SAHRA by the PHRAs as heritage registers do they get incorporated into the heritage resources inventory on the South African Heritage Resources Information System (SAHRIS).

The table attached as annexure A provides the list of 24 heritage resources that are currently classified as monuments or memorials and listed on SAHRIS. This list is incomplete as PHRAs must still audit and do an inventory of statues in provinces and submit to SAHRA for incorporation into the national inventory.

(d) The formal requirements to remove or relocate a statue or monument are:

  • Completion of a permit application form for submission to the Provincial Heritage Resources Authority;
  • The Heritage Impact Assessment Report prepared by a qualified heritage practitioner or consultant must be attached as supporting documentation.
  • Such report should be based on solid research principles, including an assessment of the impact of the proposed removal/relocation, and if necessary, proposed mitigation measures.
  • A public consultation process of at least 30-days that may include, but is not limited to, the following:
  • Public Notices and advertisements that must be placed in National as well as local newspapers, indicating:
  1. the intention to move or remove the statue/monument; and
  2. contacting and inviting comments from interested and affected parties.
  3. preparation of a Conservation Management Plan
  4. presentation to the PHRA heritage permit committee meeting as may be required.

The committee then makes its findings based on the presentation of the processes above and may require further investigations. In the event that the applicant is not satisfied with the decision of the permit committee, they can appeal to the PHRA Council. Similarly, in the event that they are not satisfied with the decision of the PHRA Council, they can appeal to the Member of the Executive Council (MEC) in terms of Section 49 of the National Heritage resources Act, Act No. 25 of 1999. The MEC is by law required to appoint an Independent Tribunal comprising of experts to consider the matter and give a final recommendation.

The cost of this process is all borne by the applicant.

29 July 2020 - NW1554

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Madlingozi, Mr BS to ask the Minister of Sports, Arts and Culture

Whether he instructed the SA Broadcasting Corporation (SABC) to payIndependent Music Performance Rights Association (IMPRA) monies to the amount of R10 million that were for legitimate needletime rights for musicians, as if the specified amount was for the Covid-19 relief fund; if not, (a) who ordered the SABC to pay IMPRA monies and (b) why?

Reply:

We have neither instructed the SABC nor any collecting societies, we have no legal authority to do as such.

You will understand that under normal circumstances royalties are being paid on a periodic basis. The decision by the SABC to provide an advance was therefore a positive response to close the gap for rights owners (this include record companies and performers) to get advance income. A public statement was issued onFriday, 08 May 2020by the three parties thus the SABC, SAMPRA and IMPRA regarding this matter. The statement is available on the SABC website and it provides full details.

Section A and B can best be responded to by SABC.

29 July 2020 - NW1631

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Van Dyk, Ms V to ask the MINISTER OF SPORT, ARTS AND CULTURE

1. With reference to his reply to question 1272 on 20 July 2020, (a) on what date did the investigation take place, (b) what were the findings of the specified investigation and (c) on what date is it envisaged that action will be taken with regard to the findings; 2. whether the appointment process will be reversed, if not, why not; if so, why; 3. whether the person appointed according to the flawed process will be eligible to apply and be considered for appointment when in a new process of employment for the post; if not, what is the position in this regard; if so, what are the relevant details; 4. (a) for what period was the specified person appointed in the position and (b) will the specified person be subject to punitive costs when the appointment is reversed?

Reply:

1. (a).The NLSA’s Board of Directors met on 13 July 2020 and resolved that the matter be referred to the Human Resources and Remuneration Committee (HR&REMCo). HR&REMCo will conduct an investigation and put forward recommendations to the Board for approval.

(b). No findings can be reported at this stage.

(c). The report with recommendations from HR&REMCo to the Board will guide the Board’s actions with regards to the implementation of the recommendations.

2. The Board will be guided by the outcome and recommendations of the investigation on the remedial action to be taken

3. Any candidate that meets the requirements of the post is eligible to apply.

The requirements of the post will be in-line with the approved job description.

4. (a). The specified person is appointed on a three-year fixed-term contract.

(b). At this point it is premature to pre-empt the outcome of the investigation.

29 July 2020 - NW410

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Kohler-Barnard, Ms D to ask the Minister of Justice and Correctional Services

What (a) is the total number of (i)(aa) male and (bb) female persons, who were sentenced to life imprisonment since 10 May 1994, and (ii) persons whose death sentences were converted to life imprisonment and (b) number of the specified persons (i) have died in prison while serving sentence, (ii) have been released due to successful appeals against convictions and/or sentences, (iii) have been released on parole, (iv) have had life sentences converted to correctional supervision and released from prison and (v) are currently still serving sentences of life imprisonment?

Reply:

Question

Total Number

(a)(i)(aa) since 10 May 1994 total male

(The 16 active + 13 inactive male = Total 29, death sentence converted to life is already included in this number)

20 167

(a)(i)(bb) since 10 May 1994total female

(The 2 inactive female death sentence converted to life is already included in this number)

254

Grand Total

(The 16 active males + 13 inactive male (29) + 2 inactive female =

(Total 31), death sentence converted to life is already included in this number)

20 421

(a)(ii)

total death converted to life

(Total death converted to life imprisonment is calculated as follows;

(16) Active + (15) Inactive = Total 31

31

Stand alone

Active Death sentences converted to life

(The16 active death sentence converted to life is already include within the Grand Total of life sentenced after 10 May 1994 it is therefore NOT counted again)

16

Not counted again

Inactive Death sentences converted to life

(The 15 inactive death sentence converted to life are no longer forming part of the remaining number of those who are still serving life imprisonment and is therefore SUBTRACTED from the Grand Total)

15

Minus from grand total

(b)(i) since 10 May 1994

total died whilst serving sentence

1 268

Minus from grand total

(b)(ii) since 10 May 1994

released due to successful appeals against sentence or conviction

0

(b)(iii) since 10 May 1994

released on parole

1 174

Minus from grand total

(b)(iv) since 10 May 1994

life sentences converted to correctional supervision and released from prison

0

(b)(v) since 10 May 1994

currently still serving sentences of life imprisonment

16 798

Take note: 1166 offenders are reflected as ‘other’, because their statuses fall outside the questions asked. It is however necessary to reflect the number as to ensure the alignment with the current number of offenders who are still serving sentences of life imprisonment.

Other

(Inactive, not returned from court, bail pending appeal etc.)

1 166

Minus from grand total

END

29 July 2020 - NW1472

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Madlingozi, Mr BS to ask the Minister of Higher Education, Science and Technology

In light of the recent judgment of the Supreme Court of Appeal reinstating Afrikaans as a language of instruction at the University of South Africa, what are the details of engagements that he has had with universities to ensure that language does not continue to be used as a tool of exclusion for many university students?

Reply:

The Department is aware of the recent judgement by the Supreme Court of Appeal reinstating Afrikaans as the medium of instruction at the University of South Africa, alongside the current medium of instruction, which is English. The Department has been closely following many other judgements, notably by the Constitutional Court, rightfully upholding decisions by university Councils at a number of universities, to move away from the use of Afrikaans as a barrier of access to non-Afrikaans language speakers. The Department has welcomed these decisions as they advance government’s transformation agenda and are part of the national effort to create inclusive institutional cultures at institutions of higher learning.

The Department’s approach to languages at universities is a systemic one and it does not convene a meeting with universities every time there is a court judgement in favour of, or setting aside, a particular university Council’s decision on their language plan or strategy. The Department has a generic language policy framework that serves to guide institutional language policies and plans.

The language policy framework has recently been revised and strengthens the previous higher education language policy framework of 2002. At the core of this policy is the affirmation of all official languages as spelled out in the Constitution of the Republic of South Africa. Values of inclusivity, parity of esteem between all our languages and the promotion of multilingualism are central to this policy framework and it is encouraging that a number of universities are already moving in this direction. As indicated previously on a number of occasions, in the post 1994 South Africa, none of our higher education institutions, whether public or private, will exclude any South African on the basis of language as such practices belong to the past.

29 July 2020 - NW1553

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Madlingozi, Mr BS to ask the Minister of Arts and Culture

What is the department of Arts and Culture doing to safeguard unsuspecting rural families being exploited by television productions companies like the ISIBAYA telenovela producing company, which took pictures of the NDLOVU family house in MSINGA and gave the now deceased lady of the house R500 and use them to promote their television show? Are there any measures in place to protect these families? If not, why not?NW1929E

Reply:

There are many individual contracts between private parties that are not necessarily brought to the attention of the Department. However, government is currently in the process of changing the existing legislative regime to fight the exploitation of the creatives; and levelling the playing field.

These two pieces of legislation that are currently being reviewed are the Copyright Amendment Bill(CAB) and the Performers Protection Amendment Bill (PPAB). The Department of Sports, Arts and Culture is working with the Department of Communication and Digital Technologies; and the Department of Trade Industry in addressing this. The President has sent back these two pieces of legislation to Parliament for review. The DSAC is engaging the Department of Trade and Industry with the view to develop a joint approach moving forward, and the outcomes of the engagement will be announced very soon.

29 July 2020 - NW1548

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Denner, Ms H to ask the Minister of Sport, Arts and Culture

(1) What (a) what are the total number of statues that have been erected in the Republic since 1994, (b) is the exact location of each specified statue, (c) was the initial cost to erect each statue and did it cost his department to maintain and safeguard the statues in each of the past 5 financial years; (2) whether he will make a statement on the matter?

Reply:

1. (a). There is no central record of the total number of statues that have been erected in the Republic since 1994 because statues have been developed and installed by different national government departments, provincial, district and local governments, government entities and agencies, Trusts and Foundations. Statues the Department have developed directly, through its entities such as SAHRA and through grant funding for 63 statutes, including the development of 58 statues as part of the Long March to Freedom developed by the National Heritage Project Company,

(b). The Nelson Mandela Statue is installed at the apex between the right and left wings of the Union Buildings in Pretoria, Gauteng; the statue of Nkosi Albert Luthuli is at the Municipal offices of the KwaDukuza Local Municipality, KwaDukuza, KwaZulu-Natal; the Nelson Mandela statue is installed at the United Nations (UN) Headquarters building in New York, United States of America; NkosiBhambatha statue is in uMvoti Local Municipality Office in Greytown, KwaZulu-Natal, the statue of Robert Sobukwe is in GraafReinette and the statues of the Long March to Freedom names are attached as Annexure A and is currently installed at Century City in Cape Town;

(c). The Nelson Mandela Statue at the Union Buildings cost R8 million to build and is being maintained by the Department of Public Works and Infrastructure. The construction of the Nkosi Albert Luthuli statue amounted to R700 000and is part of the Luthuli Museum maintenance costs. The construction of the Nelson Mandela statue costed R1,1 million and is being maintained by the UN. The Bhambatha statue cost R890 000 to develop and is being maintained by the local municipality. The statue of Robert Sobukwe costed R1.8 million. The statues of the Long March to Freedom were funded with R28 million in 2013/2014, R15 million in 2015/2016, and R7 612 850, 00 was paid to the NHMC in 2018.

2. I will make a statement on the matter.

ANNEXURE A

LIST OF BRONZE STATUES WHICH FORM PART OF THE “LONG MARCH TO FREEDOM:

Abdullah Abdurahman

Chief Langalibalele

John Langalibalele Dube

CissieGool

ClemantsKadale

Josie Palmer (Mpama)

King Adam Kok III

King Dalasile

Kgamanyane

Alfred Mangena

King DinganekaSenzangakhona Zulu

King Faku

Anna Silinga

King Dinizulu

King Hintsa

Anton Lembede

Chief Doman

King Makhado

Chief BambatakaMancinzaZondi

Dr Walter Benson Rubusana

King Malaboho (Malaboch)

Bishop W.J Colenso

HadjiOjer Ally

King MgolombaneSandileNgqika

King CetswayokaMpande

Harriet Colenso

King Moshoeshoe

Charlotte ManyeMaxeke

Ida Mntwana

King Nyabella

Chief David Stuurman

Johannes van der Kemp

King Sekukhuni

King Shaka

PixleykaIsakaSeme

Solomon TshekishoPlaatje

Chief KlaasStuurman

Queen LabotsibeniMdluli

Thomas MtobiMapikela

Louis van Mauritius

Ray Alexander

YusafDadoo

King Mzilikazi

Saul Msane

Professor ZK Matthews

Chief Nxele (Makanda)

SefakoMakgatho

 

Olive Schreiner

SelopeThema

 

29 July 2020 - NW1530

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Waters, Mr M to ask the Minister of Sports, Arts and Culture

(1) What was the total amount spent on the 2022 Commonwealth Bid; (2) (a) which specified entities contributed to the costs of the Bid and (b) what amount did each entity contribute? NW1901E

Reply:

The South African Sport Confederation and Olympic Committee (SASCOC has not been able to access information due to national lockdown restrictions.

29 July 2020 - NW1613

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Waters, Mr M to ask the Minister of Sports, Arts and Culture

Whether (a) the SA Sports Confederation and Olympic Committee, (b) the SA Sports Trust and (c) any national federation pays any amounts to sponsorship consultants; if not, what is the position in this regard; if so, what (i) are the names of the consultants, (ii) total amount is paid to each specified consultant each month, (iii) is the total amount paid to the consultant by each specified entity and (iv) is the monetary value of the sponsorship that each consultant has secured since their appointment(s)?

Reply:

a) The South African Sport Confederation and Olympic Committee (SASCOC has not been able to access information due to national lockdown restrictions.

b) The Sport Trust provided the following response;

As a non-profit organisation, The Sports Trust does not employ or make use of the services of sponsorship agents /consultants to assist with the procurement of sponsorship properties. The Trust has never employed an agent or consultant to help with securing of sponsorships or funding to keep the operations going. This will reduce the funds which are earmarked for projects and initiatives, which are already under pressure. The in-house, full time employees approach corporates ongoing as part of our normal and daily operations. This is despite the challenges and the budget cuts, which are prevalent in the market, currently.

c) No information has been received from the National Federations

29 July 2020 - NW1531

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Waters, Mr M to ask the Minister of Sports, Arts and Culture

What is the (a) name of each athlete in the Operational Excellence Courses Programme of his department and (b) average monthly amount paid to an athlete for participating in the specified programme?

Reply:

The South African Sport Confederation and Olympic Committee (SASCOC has not been able to access information due to national lockdown restrictions.

29 July 2020 - NW1614

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Waters, Mr M to ask the Minister of Sports, Arts and Culture

Whether any consultants take a percentage from the National Lottery money before the remainder is sent to (a) the SA Sports Confederation and Olympic Committee, (b) the SA Sports Trust and (c) any national federation; if not, what is the position in this regard; if so, (i) what is the name of each consultant, (ii)(aa) on what date was the money paid by the National Lottery and (bb) what was the total amount, (iii) what was the amount of commission in each case and (iv) what sports entity was the National Lottery donation allocated to?

Reply:

a) nThe South African Sport Confederation and Olympic Committee (SASCOC has not been able to access information due to national lockdown restrictions.

b) The Sport Trust provided the following response;

c) As a non-profit organisation, The Sports Trust does not employ or make use of the services of consultants to assist with the procurement of National Lottery Funding. The Trust has never employed a consultant to help with securing of funding to keep the operations going. This will reduce the funds which are earmarked for projects and initiatives, which are already under pressure. The in-house, full time employees approach funders as part of our normal and daily operations. This is despite the challenges and the budget cuts, which are prevalent in the market, currently.

d) No information has been received from the National Federations

28 July 2020 - NW1466

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Mashabela, Ms N to ask the Minister of Basic Education to ask the Minister of Basic Education

While 3 800 schools in mainly rural areas still rely on pit latrines, over 3500 schools are without adequate infrastructure, no personal protective equipment and without sufficient water, resulting in many of these schools failing to meet her deadline of 8 June 2020 to reopen the schools, (a) by what date will her department ensure that not a single school is without these basic necessities and (b) what is her position with regard to schools that have no access to the specified necessities at this time?

Reply:

It is true that several schools have challenges related to water supply and sanitation.  The Department of Basic Education is working with the various Provincial Departments of Education, Rand Water and the water boards to address such challenges.

The Provincial Departments identified about 3 500 schools had water supply challenges.  The Department of Basic Education contracted Rand Water to implement an Emergency Water Supply programme.  The adopted solution was water delivery to on-site storage tanks at these schools.  Some schools had existing on-site storage tanks, while 2 274 schools required such tanks.  On 17 July 2020, Rand Water reported that on-site storage tanks have now been installed at these schools that required tanks.  Provincial Departments of Education reported on 17 July 2020 that all schools identified with water challenges now have water.  The planning and implementation of permanent solutions are part of the ongoing capital programmes of the Provincial Departments of Education.  The date for the implementation of the permanent solutions is dependent on the availability of funding. 

It is also correct that the Provincial Departments of Education identified more than 3 800 schools that rely on basic pit toilets.  Again, the Department of Basic Education is working with the various Provincial Departments of Education to address such challenges.  Sanitation solutions have been implemented at 68 of these schools under the ASIDI programme.  The Provincial Departments of Education have addressed the needs at a further 834 schools.  Several partnerships contributed to solve the challenge at another 103 schools.  The Department of Basic Education appointed 4 different implementing agents to address a further 1 121 schools.  These implementing agents are in varying stages of completion of the sanitation solutions. The current plan is to eradicate the basic pit toilets by March 2022.  This is however dependent on the availability of funding for this purpose. 

28 July 2020 - NW1458

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Hendricks, Mr MGE to ask the Minister of Basic Education to ask the Minister of Basic Education

(1)       Whether, in light of the petition and position of 100 school principals on the Cape Flats, including the principal of Athlone High School (name and details furnished), she will delay returning learners in Grades (a) 1, (b) 2, (c) 3, (d) 4, (e) 5, (f) 8 and (g) 9 back to school until the next school year; (2) by what date will she respond to each concern raised by the principals (details furnished)?

Reply:

The following response was received from Western Cape Education Department: 

  1. No. The Western Cape has no plans to delay the return of learners to schools. We also do not have the list of schools mentioned in the petition. 
  2. The National Minister has at various platforms spoken broadly to each of the concerns raised by Mr Hendricks. Some of the concerns require Provincial engagement. Neither the office of the Provincial Head of Department, nor the office of Ministry, in the Western Cape, has received any communication from Mr Hendricks to discuss these concerns. 

28 July 2020 - NW1237

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Hendricks, Mr MGE to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether she can intervene in the concerns of a community of Schauderville in Port Elizabeth in the Eastern Cape on the complaints of health hazards caused by sewerage water emanating from a vandalised swimming pool at a certain site (name furnished) close to the Frank Joubert Primary School exposing children to the dangers of the health hazard and criminal activities over the past 20 years; if not, why not; if so, what are the relevant details; (2) whether her department monitors provincial governments when they appoint the services of local qualified and competent contractors from the communities to fix or replace sewerage lines and stormwater lines; if not, why not; if so, what are the relevant details; (3) whether she has been informed that the soil at the specified site contains items of relics dating back to the 1800s; if not, what is the position in this regard; if so, what are the relevant details? NW1603E

Reply:

(1) Yes. The sewage spillage was not coming from the abandoned swimming pool, but from a leaking bulk sewer line located in the valley nearby. The bulk sewer line has since beenfixed and the spillage cleared.

(2) No. In this regard, provincial governments are not responsible for fixing or replacing sewerage lines and stormwater lines. In this case, sewer blockages are cleared by the Nelson Mandela Bay Municipality, utilizing internal staff. Where external support is required, services are procuredfrom service providers in terms of relevant supply chain management policies.  

(3) No. The Nelson Mandela Bay Municipality is also not aware of any old relics items at the specified site. However, it would be appreciated if more information could be provided in this regard for further investigation by the relevant department.

End.

28 July 2020 - NW1411

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Joseph, Mr D to ask the Minister of Cooperative Governance and Traditional Affairs

(1)(a) On what date was the first Council of Traditional Leaders established, (b) what number of leaders serve on the council, (c) what are the criteria for the traditional groups and/or leaders represented on the council, (d) on what date was the last election held, (e) what is the term of the council and (f) on what date will the next election take place; (2) whether it is necessary to restructure the council due to the Traditional and Khoi-San Leadership Act, Act 3 of 2019, signed by the President, Mr M C Ramaphosa, in December 2019? NW1782E

Reply:

(1)(a) The first Council of Traditional Leaders was established on 18 April 1997 in terms of the Council of Traditional Leaders Act, 1997 (Act 10 of 1997) which was repealed by the National House of Traditional Leaders Act, 2009 (Act 22 of 2009)(the Act).

(b) Twenty three (23) Senior Traditional Leaders serve in the National House of Traditional Leaders.

(c) Section 3 of the National House of Traditional Leaders Act, 2009 (Act 22 of 2009) provides for the composition of the House. Each of the seven (7) provincial Houses of Traditional Leaders (North West, Limpopo, Free State, Eastern Cape, KwaZulu-Natal, Mpumalanga and Northern Cape with the exception of the Western Cape Province since currently there are no recognised traditional leaders in that province) elect three 3 members to the National House of Traditional Leaders. The only two (2) officially recognised Senior Traditional Leaders in the Gauteng province represent the province in the National House. This is because section 3(2)(b) of the Act provides that “where there is no provincial house of traditional leaders but there are three or a lesser number of traditional councils performing the functions of a local house, the chairpersons of such traditional councils must be ex-officio members of the House”.

(d) The last election of members to the House was conducted during 2017 in terms of section 4 of the National House of Traditional Leaders Act, 2009 (Act 22 of 2009) which provides for each provincial House to elect three (3) members to the National House. Members elected by the seven (7) provincial Houses of Traditional Leaders and two (2) Senior Traditional Leaders from the Gauteng province were sworn into office on 09 November 2017 in Pretoria for a period of five years.

(e) The term of the National House of Traditional Leaders is five (5) years as provided by section 2 (2) of the Act.

(f) The next election of members to the National House of Traditional Leaders will take place after the expiry of the term of the current members on 30 June 2022 in terms of section 27(2) of the Traditional and Khoi-San Leadership Act, 2019 (Act No 3 of 2020) (TKLA).

(2)​ Yes, it is important, and it is a legal mandate that is informed by the Traditional and Khoi-San Leadership Act, Act 3 of 2019, to restructure the National House of Traditional Leaders to include a number of recognised senior leaders of the Khoi-San. This will result in the National House of Traditional Leaders to be renamed the National House of Traditional and Khoi-San Leaders in terms of Sections 26, 27, 28 and 29 of the TKLA.

End.

28 July 2020 - NW1333

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Mazzone, Ms NW to ask the Minister of Cooperative Governance and Traditional Affairs

What (a) total number of cases of illegal invasion of land owned by her department was recorded by her department in each (i) province and (ii) of the past five financial years, (b) is the current status of occupation, (c) total number of persons are currently occupying the land and (d) steps has her department taken to remedy the situation in each specified case?

Reply:

a) The Department of Cooperative Governance does not own land

b) Not applicable

c) Not applicable

d) Not applicable

End.

28 July 2020 - NW1510

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Van Der Walt, Ms D to ask the Minister of Basic Education to ask the Minister of Basic Education

With regard to the tender for the appointment of a panel of South African registered suppliers to supply and/or supply and install locally produced 32 inch Integrated Digital Television sets for the 2020 indigent matriculants by the Universal Service and Access Agency of South Africa, (a) what criteria were used to identify the recipient learners, (b) what total number of matriculants were approved in each province, (c) by what date will the televisions be installed and handed over to each matriculant ready to be used, d) how would this assist matriculants who (i) are already back at school and (ii) will soon write final exams and leave school, (e) what are the reasons that matriculants were not provided with computers and sim cards, free internet and Wi-Fi hotspots and (f) what was the exact involvement of her department in this project?

Reply:

This Tender was not processed by the Department of Basic Education (DBE) so DBE does not have a comment on this. The question should be directed to the Department of Communications and Digital Technologies(DCDT) for an accurate response. USASSA is an entity reporting to DCDT.

28 July 2020 - NW1647

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Thembekwayo, Dr S to ask the Minister of Basic Education to ask the Minister of Basic Education

What curriculum adjustments will be introduced in the 2021 school year to assist schools to catch up with lost teaching time as a result of Covid-19?

Reply:

The approach that the Department of Basic Education (DBE) has adopted in the Curriculum Trimming and Reorganisation, in response to the lost teaching and learning time during 2020 academic year has included a process of identifying fundamental and core content per subject per grade to ensure that learners are adequately prepared for the next grades for 2021, and that curriculum that would not be covered in 2020 is distributed across 2021 and 2022 respectively. 

28 July 2020 - NW1621

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Tarabella - Marchesi, Ms NI to ask the Minister of Basic Education to ask the Minister of Basic Education

What total amount has been cut from the 2020-21 budget for basic education in each province?

Reply:

The overall Provincial Education Departments (PEDs) budget reduction in the 2020/21 financial year due to Special Supplementary Budget to address the Covid-19 is in excess of R1.6 billion. This total excludes Western Cape as no data was available by the time of this response.

Details are attached as Annexure A.

27 July 2020 - NW1040

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Gondwe, Dr M to ask the Minister of Social Development

What (a) mechanism does her department use to gauge and/or assess the impact of its various programmes on the lives of ordinary South Africans and (b) progress has her department made in implementing the National Drug Master Plan?

Reply:

(a) Apart from monitoring statistical trends such as the changes to poverty produced by STATSSA, the department also conducts periodical impact evaluations

The social development sector has institutionalised the results-based management approach in contributing to the desired developmental state as outlined in the National Development Plan vision 2030. The department has been committed to the use of evidence from evaluations to inform decision making by managers, improve policy formulation and programme performance.

The department has conducted a number of evaluation studies to measure the effectiveness, outcomes, sustainability and impacts of the services delivered to communities and especially poor and vulnerable households, as well as gather an understanding of the lessons to be learnt. A brief outline of the evaluations that have been conducted in the last five years is as follows:

  • Implementation evaluation of the Older Persons Act (OPA) to understand how the Older Persons Act 13 of 2006 is implemented (or how it is working) and how it can be strengthened. Evaluation report and the improvement plan have been completed and are in the process of Cabinet approval through the Department of Planning Monitoring and Evaluation. Some of the findings were used in the review of the Older Persons Act.
  • Evaluation of You Only Live Once (YOLO) Programme to assess the effectiveness, efficiency, relevance and sustainability of the YOLO programme targeting 15-24 year olds and to determine the improvements to be made. The intention is to determine the immediate outcomes of the programme with regard to the extent to which YOLO contributes to increased knowledge, reduced negative attitudes and norms, reduction in risk behaviors’, and increased testing and adherence, all of which contribute to reducing HIV transmission. Evaluation report and the improvement plan has been completed. The findings were used to strengthen the programme.
  • Evaluation of NPO regulatory system to assess how effective the system of NPO delivery is and how it can be strengthened. Evaluation report and the improvement plan have been completed. Some of the findings of the evaluation will be used for the review of the NPO Act Evaluation report and the improvement plan have been approved by Cabinet. The Department of Planning Monitoring and Evaluation has been monitoring the progress on the implantation of the improvement plan.
  • Evaluation of Household Food and Nutrition programme to assess the appropriateness of the design and implementation of the national integrated food security strategy during the first year and to understand whether the strategy is addressing the issues of hunger in South Africa. An improvement plan was developed to ensure that findings and recommendations are used to strengthen the programme.

(b) The National Drug Master Plan provides a multisectoral blueprint for South Africa’s response to substance abuse. It is aimed at improving efficiency and effectiveness and interventions in preventing substance abuse by providing a clear national policy statement, leadership and coordination of activities related to countering the substance abuse problem in South Africa. The implementation of the NDMP 2013 – 2017, ensured that South Africa reaffirmed its commitment to effectively addressing and countering the world drug problem in partnership with every local, national and international stakeholders. NDMP 2013 – 2017 was fully implemented. The implementation evaluation of NDMP 2013 – 2017 was conducted in order to understand whether, and how it has been implemented and how likely it is to facilitate efficient and effective service delivery across different institutions and programmes for reducing substance abuse. Amongst the recommendations provided from the implementation evaluation report were the following: The NDMP needs to be reviewed and harmonise its approaches; the Provincial Substance Abuse Forums and the Local Drug Action Committees be strengthened and it should have an Implementation Plan. The NDMP 2013 – 2017 was reviewed and NDMP 2019 – 2024. The NDMP 2019-2024 was approved by Cabinet in October 2019. Government Departments are currently being capacitated to implement the NDMP guided by the Implementation Plan

27 July 2020 - NW1279

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Abrahams, Ms ALA to ask the Minister of Social Development

Whether she will commit to date by when the (a) new Central Drug Authority board (CDA) will be appointed and (b) outstanding CDA Annual Report for the (i) 2018 – 2019 and (ii) 2019 – 2020 financial years will be published; if not, what interventions is she undertaking to ensure the specified outstanding items are submitted to (aa) Parliament and (bb) the substance abuse fraternity in the Republic; if so, what are the further relevant details?

Reply:

a) No, the Minister of Social Development cannot commit on the date on which she will appoint the members of the new board of the Central Drug Authority (CDA).The Minister will appoint the new members of the CDA board once the Parliamentary Committees: Social Portfolio Committee on Social Development and the Select Committee on Social Services have short-listed, interviewed and recommended the suitable candidates for the new CDA board. Based on the relevant Parliamentary Committees’ recommendations, the Minister will appoint new members of the CDA board. At present, the Minister is awaiting the recommendations from the Portfolio Committee on Social Development and the Select Committee on Social Services.

(b) Yes, the Minister of Social Development commits to submit the outstanding CDA Annual Report for :

(i) 2018 – 2019 financial year in September 2020. Prior developing the CDA Annual Report, the members of the CDA board have to receive the reports from the relevant stake holders outlining their achievements and challenges in implementing the National Drug Master Plan. Normally the commencement of developing the CDA Annual Report starts in April of each year, as it entails reporting the previous year efforts and initiatives relating to combating substance abuse. The delay in the submission of the report was caused by the late submission of stakeholders’ (Government Departments, Provinces and Non- Governmental Organisations) reports. The CDA does not have an electronic system to ensure the submission of reports on time; and

(ii) The 2019 – 2020 financial year in

December 2020. CDA Annual Report is still awaiting reports from Provincial Substance Abuse Forums and the National Departments. The delay in the submission of the reports is caused by competing mandates. Some stakeholders do not see the issue of addressing the scourge of substance abuse as part of their priorities. The current legislation, the Prevention of and Treatment for Substance Abuse Act (Act 70 of 2008) does not have consequences for late and non-reporting by stakeholders

(aa) the Department of Social Development has reviewed The Prevention of and Treatment for Substance Abuse Act 70 of 2008 to address the policy gaps including consequence management. The Draft Policy has been developed and currently being consulted with cluster departments. The Department is also in the process of developing system to ensure timeous reporting to parliament and

(bb) the Substance Abuse Fraternity

 

24 July 2020 - NW901

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Basson, Mr LJ to ask the Minister of Human Settlements, Water and Sanitation

(a) What is the current status of the Lesotho-Botswana Water Transfer project sponsored by the Orange-Senqu River Commission and (b) by what date will her department conduct public participation meetings regarding the nearly 700 kilometres of conveyance pipelines that would need to be installed through the Republic?

Reply:

(a) The Lesotho-Botswana Water Transfer (L-BWT) project feasibility study is currently being conducted in terms of a Memorandum of Agreement (MoA) signed in 2017 between the governments of Botswana, Lesotho and South Africa (Namibia is an observer). The MoA relates solely to the development of a bankable feasibility study and does not constitute an implementation agreement. The study commenced in August 2018 and is expected to be completed towards the end of 2021.

The State parties mandated the Orange-Senqu River Commission (ORASECOM) to act as an implementing agent for the co-ordination, management and administration of the study, as well as to solicit donor funding for the study. In order to enhance the potential for securing donor funding, ORASECOM packaged the L-BWT study to form part of a larger overall basin-wide study titled: Preparation of Climate Resilient Water Resources Investment Strategy and Lesotho-Botswana Water Transfer Multipurpose Project for the Orange-Senqu River Basin.

As far as the Screening and Pre-Feasibility Studies (Component III of the basin-wide study) for all major infrastructure elements of the L-BWT project, namely: the dam on the Makhaleng River in Lesotho and the water conveyance system are concerned, a professional service provider (PSP) has been appointed. The scope of work for the various parts and phases of the study, the progress status and the likely completion dates for each part are as set out below. This work is divided into the following two phases:

  • Phase 1: Screening Study: Work started on 1 August 2018 and was completed on 30 April 2020. Approval of the final study reports is expected by 31 May 2020
  • Phase 2: Pre-Feasibility Study: Work planned to start on 1 June 2020 and to be completed by 30 November 2020.

Detailed Feasibility Studies (Component IV of the basin-wide study) for all major elements of the scheme, namely: Part 1: the dam, and Part 2: the water conveyance system. The scope of work includes all engineering and economic studies, as well as Environmental and Social Impact Assessment (ESIA). The stakeholder consultations will be undertaken as part of Component V of the basin-wide study. This work is divided into three parts:

  • Part 1: Feasibility Study for the Dams: A PSP has been appointed for this part. The work will start after the completion of Pre-Feasibility studies, towards 1 December 2020 and will be completed around 30 September 2021.
  • Part 2: Feasibility Study for the Conveyance System: Scope: A PSP for this part has not yet been appointed, but the procurement process is underway. The work is expected to start after 1 December 2020 and to be completed around 30 November 2021.
  • Part 3: Environmental and Social Impact Assessment for Part 1: Dams and Part 2; Conveyance System: A PSP for this part has not yet been appointed, but the procurement process is underway. The work is expected to start towards 1 January 2021 and to be completed towards 31 December 2021.

(b) The planned public/stakeholder participation process will form part of the wider study’s Component V. The work for this component can commence only after at least the basic technical parameters of the potentially favourable competitive options for the dam and for the conveyance system have been defined during the pre-feasibility studies (expected after 30 November 2020).

The public/stakeholder participation activities are expected to commence after 30 November 2020 and to continue until the completion of the study around 31 December 2021. The exact dates for future stakeholder consultations will depend on the progress with the current technical feasibility studies and upon decisions reached by consensus between the State parties. These will be communicated to all stakeholders in due course

However, in preparation for the start of the stakeholder participation process, certain related activities have already commenced. The first basin-wide strategy stakeholder workshop was held in January 2019 in Lesotho. It was attended by the key authorities representing the four ORASECOM member States. The aim of the workshop was to identify the relevant project stakeholders in each country, to lay out the foundations for a Stakeholder Management Plan, as well as to agree on the establishment of a Stakeholders Forum for future engagement. A preliminary list of identified main stakeholder groups has been proposed. This list will be expanded and refined once the PSP for this task is appointed after November 2020.

24 July 2020 - NW1235

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Graham, Ms SJ to ask the Minister of Public Works and Infrastructure

What (a) number of participants are currently actively working as part of the Expanded Public Works Programme’s response to the Covid-19 pandemic that she launched on 27 March 2020 and (b) total amount has been paid to date to the specified participants?

Reply:

The Minister of Public Works and Infrastructure:

a) As at 17 July 2020, a total of 16 417 participants were actively working in COVID-19 response related to the Department of Health Promotion of Hygiene Strategy interventions.

b) A total of R1 906 375 was paid to participants as stipends as at 21 July 2020. Further processing of payments are still underway.

24 July 2020 - NW1186

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Graham, Ms SJ to ask the Minister of Public Works and Infrastructure

What (a) was the final total cost of refurbishment of Salvokop to render it suitable as a quarantine site, (b) is the name of the contractor who was appointed to undertake the refurbishment, (c) was the scope of works for the refurbishment, (d) additional procurement was done in order to meet the standard for a quarantine site, (e) number of persons have been quarantined at the specified site to date and (f) will the site be used for after its current use as a quarantine site for Covid-19?

Reply:

a) I was informed by the Department of Public Works and Infrastructure (DPWI) that the breakdown of costs associated for the repairs and moveable assets are as per table below:

Facility Name

  1. Building Infrastructure – Soft and technical services

Salvokop, Freedom Park

R 3 361 309,10

   

Grand Total R 3 361 309,10*

*The DPWI informed me these are estimate costs. Final costs are in finalisation stage that entails re-measurement and final account agreement and Sub-Bid sitting before the actual invoice from the supplier can be issued.

b) The names of contractors who undertook the refurbishment are as per below table:

Description

Service Provider

Gardening and cleaning services

Gleamartins Trading Enterprise

Electrical services – Electrical building services

Superfecta

Electrical services – Electric fence

Seamied Electrical

Mechanical services – Fire equipment and heat pumps

Intsikelelo Logistics

Mechanical services – HVAC and extraction fans

Munaca Technologies

Facility perimeter fencing

SA Fencing

Building infrastructure including plumbing

Labstyres

c) The scope of works for the refurbishment is as per table below:

Scope of works for the refurbishment

Soft Services

Regular, Deep cleaning and waste management including bins provision.

 

Gardening - Grass cutting, rubble removal and clearing of weeds on paved areas.

Electrical

Electric Fence

 

Emergency Power Supply (Generator)

 

Cabling for the Generator

 

Various Electrical Maintenance

Mechanical

Fire detection and fire hydrant

 

Air-conditioning installation and extractor fans

Building infrastructure Services

Provision of water tanks, 1x stand-pipe and connection to municipal mains and crusher on driveway

 

Door locks, toilets repairs/ water pressure/ gutters/ storm-water channelling/ main-hole covers/ unblock

 

Hire of mobile toilets and ablutions and connection to municipal services

 

Galvanized fence, welded mesh panel fence 2100mm(H) including vehicle gates

d) Additional procurement was done in order to meet the standard for a quarantine site,

Facility Name

Movable AssetsFurniture & soft furnishing: procurement of beds, chairs, pillow cases, bath towels etc.

Salvokop, Freedom Park

R 422 863.05

   

Grand Total R 422 863.05

e) The site has a total of 64 beds. Department of Health has not yet activated the site to host persons under investigation.

f) After the current use, the site shall be used by Department of Social Development to accommodate victims of gender based violence.

24 July 2020 - NW1405

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Phillips, Ms C to ask the Minister of Human Settlements, Water and Sanitation

(1)(a) What number of water usage licences were issued in the period 1 April to 24 June 2020; (2) what number of officials does her department employ who are authorised to issue water usage licenses

Reply:

(1) A total of thirteen (13) water usage licences were issued in the period 1 April to 24 June 2020.

(2) The only authority to issue water usage licenses within the Department of Water and Sanitation lies with the Director-General.

24 July 2020 - NW1433

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Clarke, Ms M to ask the Minister of Public Service and Administration

(1)What total amount did his department allocate to the National School of Government (NSG) (a) in each of the past five financial years and (b) since 1 April 2020; (2) whether his department investigated the possibility of entering into partnerships with public universities to provide the training instead of the NSG; if not, what is the position in this regard; if so, what are the relevant details; (3) whether all of the courses and modules presented by the NSG are accredited with the relevant higher education qualifications authorities; if not, what is the position in this regard; if so, what are the relevant details; (4) whether the NSG has been presenting modules virtually since 26 March 2020; if not, why not; if so, what are the relevant details?

Reply:

1. The total allocated to the National School of Government was:

a) 2015/16 – R 140.4 million of which R47.8 million was transferred to the Trading Account. The trading Account then raised R 68.4 million of its own revenue.

2016/17 – R 88.6 million there was no allocation for the Trading Account. The Trading Account generated its own revenue of R137 million.

2017/18 – R 153.9 million of which R63.6 million was transferred to the Trading Account. The Trading Account generated its own revenue of R 115 million.

2018/19 – R 168.9 million of which R 72.8 million was transferred to the Trading Account. The Trading Account generated its own revenue of R 151.7 million.

2019/20 – R 187.9 million of which R84.8 million was transferred to the Trading Account. The Trading account generated its own revenue of R154.2 million

(b) from 1 April 2020 – R 190.6 million of which R93.7 million will be transferred to the Trading Account. The Trading Account budgeted revenue target has been revised downwards to R 75.2 million due to COVID-19 pandemic lockdown.

 

2. In repositioning for the future, the NSG is expanding its mandate in three spheres of government, state owned entities and organs of state and support the outcomes of priority 1 of MTSF (professionalising public administration). In doing so, it is critical for the NSG to intervene DIRECTLY by providing or facilitate ETD programmes; INFLUENCE (content creation of public administration, quality of ETD); and REFER (where the NSG cannot offer ETD interventions, we refer public servants to other recognised training providers esp. HEIs). The five year strategy programmes places emphasis on the quality of our ETD interventions and of those who deliver on behalf of the NSG; as well as to embrace partnerships and collaborations with public and private institutions to support ETD interventions to achieve depth and scale. In this regard, we are co-branding programmes we deliver in partnership with HEIs to grow our visibility, impact and brand value. The NSG has concluded partnerships with the following HEIs:

The NSG Programme

HEI, Geographical Allocation and Programme Recognition

EDP

Contract period:

Oct 2019 – Oct 2022

University of the Free State (UFS): National

Participants who hold a relevant Bachelor’s degree (or equivalent qualification) may apply for admission to the Post-Graduate Diploma (Public Administration and Management) and may receive exemption for one of the six modules.

EMDP and AMDP

Contract period:

1 April 2020 – 31 March 2023

North West University (NWU): N.West, Mpumalanga & Limpopo

EDP: Advanced standing (exemption) in relation to some 1st year modules of the BA Public Governance

AMDP: Advanced standing (exemption) in relation to all 1st year modules of the BA Public Governance

 

University of the Free State (UFS): Free State & KZN

EDP: Exemption from 2 modules of the Higher Cert in Management Development

AMDP: Exemption from 4 modules of the Higher Cert in Management Development

 

University of Forte Hare through Fort Hare Solutions (FHS): E. Cape

EDP: 81 credits toward the Higher Cert in Public Admin

AMDP: 85 credits toward the Advanced Cert in Public Admin

 

University of the Western Cape (UWC): W.Cape & N.Cape

EDP: Exemption from one 1st year module of the B Admin degree

AMDP: Exemption from one 3rd year module of the B Admin degree

 

Tshwane University of Technology (TUT): National Departments & GP

EDP: Exemption from 1st year Nat Diploma Public Management (to become Diploma in Public Affairs)

AMDP: Exemption from 1 module of the BTech Public Management (to become Advanced Diploma in Public Affairs)

The National School of Government (the NSG) has been working in partnerships with public universities for more than 10 years for the delivery of training programmes such as Integrated Management Development Programme (IMDP) and for the Legislature programmes. The Universities we have partnered with previously on the IMDP programmes include the University of Stellenbosch, Nelson Mandela University, Vaal University of Technology, University of Kwa-Zulu Natal, University of Pretoria, University of Limpopo, North West University (NWU), University of Forte Hare through Fort Hare Solutions (FHS), University of the Western Cape (UWC) and Tshwane University of Technology (TUT). On the Legislature programmes we have worked with WITS and University of Johannesburg.

The process of partnering with public universities is done through a tender process. New programmes are being explored with public universities and should bear fruits within two years – these will focus on economic governance, leadership in times of crisis (like Covid-19) and on a variety of 4iR programmes including Cyber Security and data analytics for policy making.

Over the last ten years, the training programmes in partnerships between NSG and Parliament have achieved the following based on successful participation by participants:

  1. Certificate in Governance and Leadership - offered by the NSG in partnership with UNISA: Approximately 182 participants successfully completed the Certificate in Governance and Leadership; and
  2. Graduate Certificate in Advanced Governance and Public Leadership - offered in partnership with the Wits University School of Governance as a short learning programme. The Graduate Certificate links to further qualification i.e. as determined by partnerships with HEIs and as determined by HEI admission requirements (PGDip in Governance and Public Leadership; MM in Governance and Public Leadership). Approximately 289 participants successfully completed the Graduate Certificate in Advanced Governance and Public Leadership.
  3. Over the period of the last ten years 178 participants enrolled for the PGDIP in Governance and Public Leadership through WITS. Through the University of Johannesburg 41 participants enrolled in a Continuing Education Programme and 73 participants enrolled to complete a PGDiP at the University of Johannesburg.

3. The majority of facilitated courses offered by the NSG are accredited with a relevant quality assurance authority. These include:

  • Higher Education Institutions
  • Education and Training Quality Assurance bodies within the relevant Sector Education and Training Authorities, for example the Public Service Sector Education and Training Authority (PSETA); and
  • Quality Council for Trades and Occupations (QCTO)

The School also offers non-credit bearing courses. The value of these courses lies in the agile development and up-skilling of public servants by developing knowledge, improving competency and enhancing practice. All courses offered by the School are approved through internal quality assurance processes. The NSG has 129 accredited and non-accredited courses/programmes of which 99 are accredited and 30 non-accredited. The details are as follows:

HEI approved

21

ETQA accredited

69

QCTO accredited

9

Total number of accredited courses/programmes (ETQA & QCTO):

99

Number of non-accredited courses/programmes

30

Grand total number of courses/programmes

129

The curriculum will be reviewed to align to the ETD needs for all salary levels (i.e. entry to exit). The NSG will also undertake the curriculum review using a peer review mechanism. The School is also building internal capacity for quality assurance and accreditation management. Furthermore, there is a process underway of establishing a Curriculum Review and Quality Assurance Committee which will also bring experts as part of continuing improvement of our curriculum and course delivery.

4. The NSG offered 9 self-paced open eLearning courses during the national lock down. Officials are able to self-register and enrol in the course or courses of their choice, which include:

  1. Ethics for Internal Auditors
  2. Ethics in the Public Service (Compulsory course)
  3. Generally Recognised Accounting Practice (GRAP)
  4. Introduction to Financial Management and Budgeting
  5. Introduction to Leading Change
  6. Introduction to Strategic Planning and Management
  7. Know and live our Constitution
  8. Policy and Procedure on Incapacity Leave and Ill-Health Retirement (PILIR)
  9. Writing for Government: Basic writing skills for Executive Support

The implementation of the SMS Pre-entry Programme (Nyukela) continued during lockdown. Since the national lock down and up to the end of June 2020 there was a total of 9 156 enrolments on the NSG eLearning platform, 2166 of which were in the SMS Pre-entry Programme (Nyukela). Officials who are new to eLearning are able to self-enrol in Getting Started with eLearning, which prepares them for online learning.

The NSG in partnership with University of Chinese Academy of Social Sciences (UCASS) will deliver a two weeks online Seminar on Building Governance Capacity for South Africa through the ZOOM platform starting from the 13th July 2020.

The National School of Government (NSG), in partnership with the Department of Women, Youth and Persons with Disabilities (DWYPD) will be launching in August 2020 a five-day gender course Leading Change by Championing Gender Equality. The course will be on the online platform and will cover the Mainstreaming of Gender, Gender Based Violence and Gender Responsive Planning and Budgeting.

The NSG is in the process of entering into a MOA with TIPS to develop online courses on COVID-19 and the South African Economy and South Africa’s Industrial policy and action plan. The courses will be rolled out in quarter 3 of 2020/21 financial year.

24 July 2020 - NW931

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Mey, Mr P to ask the Minister of Human Settlements, Water and Sanitation

(1)Whether her department awarded any tenders connected to the Covid-19 pandemic; if not, what is the position in this regard; if so, what (a) are the names of the businesses to whom these tenders were awarded, (b) are the amounts of each tender awarded and (c) was the service and/or product to be supplied by each business; (2) whether there was any deviation from the standard supply chain management procedures in the awarding of the tenders; if so, (a) why and (b) what are the relevant details in each case; (3) what was the reason for which each specified business was awarded the specified tender; (4) whether she will make a statement on the matter?

Reply:

Department of Water and Sanitation:

(1) The Department of Water and Sanitation (DWS) has appointed Rand Water as the Implementing Agent (IA) for the implementation of the Department’s Covid-19 intervention regarding the provision of water services. The appointment of the Implementing Agent (Rand Water) followed proper supply chain management processes and was gazetted. The cost estimates for the implementation of the Covid-19 project are as indicated in Annexure A attached hereto.

(2) Rand Water’s emergency processes were applied for the procurement of goods as per the Disaster Management Act, 2002 and the Water and Sanitation Emergency Procurement Covid-19 Disaster Response Directions issued in terms of regulation 10(8) of the Regulations issued under section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002). The Government Gazette containing the Directions referred to is attached as Annexure B.

(3) Please refer to Annexure A as indicated in (1) above.

(4) We presented our measures to curb the spread of COVID-19 to the Portfolio Committee on Human Settlements, Water and Sanitation. However, we will provide an update on this important matter once Parliament, through its Committees, afford us an opportunity to do so.

The Department of Human Settlements:

(1) Yes, the Department of Human Settlements awarded tenders connected to the Covid-19 pandemic as indicated below:

Bid number

Total Tender amount/Price

(c)Products supplied

VA 50 /351

R 675 700.00

Hand Sanitizers

Surgical gloves and

Surgical Face Masks

Order No.

DH-026961

   

P No. 2420302

R 77 833.00

Nurses appointed to screen employees and visitors

(2) Yes, there was deviation from the standard supply chain management procedures.

The deviation was done in terms of the emergency procurement procedures of Covid-19, Personal Protective Equipment (PPE) items as prescribed in sub­ paragraph 4.6 of the National Treasury Instruction, No. 5 of 2020/21: Emergency Procurement in response to National State of Disaster, dated 28 April 2020.

In addition to the above, regarding bid P No. 2420302, there were no service providers/ agencies registered on the National Treasury Central Supplier Database for the supply of nurses. The Department of Human Settlements identified three agencies Requests for quotations were sent to the three agencies, but only two responded.

(3) The Department received four (4) quotations and evaluated them in terms of the 80/20 Preference Point System. Two companies obtained the highest score of 100 points on Price and Broad- Based Economic Empowerment (B­ BEE) and was therefore, awarded a tender to supply PPEs to the department.

The agency with the lowest acceptable quote was appointed to supply the required number of nurses.

(4) We presented our measures to curb the spread of COVID-19 to the Portfolio Committee on Human Settlements, Water and Sanitation.

24 July 2020 - NW1469

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Mohlala, Ms MR to ask the Minister of Human Settlements, Water and Sanitation

(1)Whether her department has conducted any investigations into the sale of RDP houses by officials of her department to persons who do not qualify for the specified houses; if not, why not; if so, (2) what (a) number of officials have been arrested for selling RDP houses in the past two years and (b) measures has she put in place to prevent this from happening?

Reply:

(1) The Department of Human Settlements is not aware, nor has it received reports of any of its officials that engage in the selling of BNG houses to persons who do not qualify or meet the housing subsidy criteria.

(2) (a) Falls away.

(b) Section 10A of the Housing Act 107 of 1997 contains a specific clause referred to as the Restriction on voluntary sale of state-subsidised housing which restricts beneficiaries of subsidised or RDP houses from selling or alienating their dwellings or serviced sites for a period of eight (8) years. In a case where a beneficiary is relocating to another provinces, they may surrender the property to the relevant Provincial Department of Human Settlements who shall take ownership thereof and the previous owner will be allowed to reapply for a new subsidised housing opportunity on arrival at the preferred province.

In addition, the Department of Human Settlements has a dedicated Special Investigations Directorate that works with law enforcement agencies and other government departments to deal with all matters related to fraud and corruption. It is therefore suggested that the Honourable Member provides me with the information for further investigation.

24 July 2020 - NW1217

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Winkler, Ms HS to ask the Minister of Human Settlements, Water and Sanitation

Whether she has been informed that the eThekwini Metropolitan Municipality has been unable to enforce environmental legislation in terms of the National Water Act, Act 36 of 1998, citing a lack of funding and resources to address the pollution of the Umbilo River, Palmiet River and Umgeni River which is posing serious health risks to residents and decimating river ecosystems; if not, what is the position in this regard; if so, what steps has she taken to assist the municipality to enforce environmental legislation?

Reply:

The Department of Water and Sanitation (DWS) is aware that challenges have been experienced with the quality of effluent quality from the Umbilo Waste Water Treatment Works. There have also been issues of non-compliance and pollution incidents with respect to the Umbilo, Palmiet and Umngeni Rivers. The eThekwini Metropolitan Municipality have addressed most of the concerns after my department issued Notices and Directives as follows:

a) Umbilo River - Three (3) Non-Compliance Notices were issued in 2019 on 26 September, 25 November and 13 December. Another notice was issued on 10 June 2020.

b) Palmiet River - Non-Compliance Notice were issued in 2018, related to surcharging manholes

c) Umngeni River - A Non-Compliance Notice was issued on 12 September 2019, related to surcharging manholes and sewer overflow from a pump station

The pollution of the Umbilo River occurred as a result of outstanding mechanical and electrical repairs due to budget challenges. Upon engagement with the DWS, the eThekwini Metropolitan Municipality has indicated that a process is now underway to appoint service providers urgently to undertake the necessary repairs which should be completed in August. The budgets constraints that were experienced towards the end of the last financial year (2019/2020) have been resolved with the beginning of the 2020/21 financial year.

24 July 2020 - NW1240

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Mey, Mr P to ask the Minister of Human Settlements, Water and Sanitation

With reference to the recent contract of R600 million granted to the Rand Water Board by the Department of Basic Education to supply water and water tanks to 3 500 schools, (a) which subcontractors did the Board appoint to render the services in each province and (b) what (i) was the scope of the work of each subcontractor, (ii) were the amounts paid to each subcontractor for services rendered, (iii) was the total amount paid to consultants to advise on the project and (iv) monitoring and evaluation processes were put in place to monitor the specified contract, including the quality of the work and the value of the work done?

Reply:

With regard to the contract granted to the Rand Water Board by the Department of Basic Education to supply water and water tanks to 3 500 schools, the Rand Water Board has received R200 million to date from the Department of Basic Education. The details requested by the Honourable Member are provided in Annexure A attached.

In relation to monitoring and evaluation processes in place to monitor the specified contract, the following measures are in place to monitor the delivery of tankers and quality assure the standard of water delivered to schools:

(i) The Department of Basic Education (DBE) and the Department of Water and Sanitation (DWS) have representatives that verify and quality assure the work that has been done by sub-contractors;

(ii) Both Departments convene regular meetings to engage on project activities;

(iii) The sub-contractors sign for the work completed and the school representatives also sign for acceptance;

(iv) When defects are identified by DBE or the Rand Water Board representatives; the relevant contractors are called immediately to correct them as it is done in all other projects.

(v) In addition, the Rand Water Board has representatives in the provinces that verify that the tanks utilised to deliver water to the schools are in good condition before the tankers are deployed to site. The DWS representatives also verify the condition of the tankers before deployment to the schools.

(vi) Tankers that do not meet the basic requirements and do not have a disinfection certificate are not allowed to operate.

(vii) The water utilised for the schools are acquired from the nearest Water Service Authorities (WSA) which are all certified to provide potable water, guaranteeing the quality of water that is delivered to schools.

24 July 2020 - NW329

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Basson, Mr LJ to ask the Minister of Human Settlements, Water and Sanitation

(1)Whether, with reference to the water crisis in the Mogalakwena Municipality in Limpopo, there is a water board in place for the management of the canal; if so, is the water board aware of the current water loss by the canal; (2) whether there is a Service Level Agreement (SLA) in place for servicing and maintaining the canal; if so, (a) which company is responsible for service and maintenance and (b) on what date was the SLA awarded; (3) whether the water board and the service provider have a plan in place to curb the water loss problem; if so, what are the relevant details; (4) what budget has been earmarked for the upgrading and servicing and/or maintenance of the canal; (5) whether (a) the water board and/or (b) her department considered installing a pipeline and the benefits thereof, instead of using the canal (details furnished)?

Reply:

(1) I am informed that the Doorindraai Canal in Mokgalakwena is managed and operated by the Department of Water and Sanitation’s Operations and Maintenance Chief Directorate and it is aware that the Canal requires rehabilitation.

(2) The Chief Directorate is using its infrastructure for operations and maintenance, and therefore there is no need for a Service Level Agreement (SLA).

(3) The plan is to rehabilitate the canal by reconstructing the concrete slabs and eliminate the water leakages.

(4) The rehabilitation of canals is budgeted for on a yearly basis under the Rehabilitation of Conveyance Systems (ROCS) which falls under the Operations and Maintenance Division in the Department. No funds are budgeted for this canal in 2020/21 because priority for yearly plans is determined by emergencies.

(5) The Department is not considering using a pipe because the water at Doorndraai has a Langelier Saturation Index of -1.31 which means it is corrosive. Therefore, installing a pipeline would not be an alternate solution because the pipeline would collapse without a warning.

24 July 2020 - NW1154

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Wessels, Mr W to ask the Minister of Public Enterprises

(1)Whether his department purchased any goods and/or services below the amount of R500 000 connected to the Covid-19 pandemic; if not, what is the position in this regard; if so, what (a) is the name of each company from which the specified goods and/or services were purchased, (b) is the amount of each transaction and (c) was the service and/or product that each company rendered;

Reply:

Goods and services were procured in relation to Covid-19 pandemic and the information is indicated in the table below.

(a) Name of the budiness

(b) Amount

(c) Service/ Product

Biologica Pharmaceuticals

R26 650.00

Mask surgical

Tripple N Medical

R2 044.00

Mask surgical

Ekhaya Investments

R11 500.00

Mask cloth

Evergreen Latex

R2 517.20

Gloves surgical and examination natural rubber

Lechoba Medicals

R15 187.50

Hand Sanitizers

Promed Technologies

R2 700.00

Disinfectant surface

Promed Technologies

R3 600.00

Temperature scanners

Multisurge

R4 600.00

Temperature scanners

Recreative Creativity

R27 950.00

Dispenser wipes

Oks iInvestment 2009

R89 700.00

Fumigation/ Building sanitization

Bizmak Trading

R17 000.00

Hand sanitizer dispensers

 

R39 000.00

Hand spray sanitizer

 

R6 000.00

Face shield

(2) Whether there was any deviation from the standard supply chain management procedures in the specified transactions; if so, (a) why and (b) what are the relevant details in each case;

Answer:

There was no deviation from the standard supply chain management procedures.

(3)        What were the reasons that the goods and/or services were purchased from the specified companies;

Answer:

Businesses awarded through request for quotations met the specifications and their prices were the cheapest as compared to other competitors.

24 July 2020 - NW1267

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Graham, Ms SJ to ask the Minister of Public Works and Infrastructure

In view of the fact that a virement of approximately R3 million was transferred from Programme 4: Property and Construction Industry Policy to Programme 1: Administration to be allocated to Legal Services, what are the (a) specific matters to which the money was allocated; (b) programmes that will be impacted by the virement of funds and (c) costs for legal counsel associated with each matter?

Reply:

The Minister of Public Works and Infrastructure:

a) I am informed by the Department of Public Works and Infrastructure that the money was initially earmarked in 2019 for appointment of Legal Counsel to advise on the Expropriation Bill, however due to less claims having been received for work done by Advocates on the Expropriation Bill through the Office of the State Attorney during the period September 2019 to March 2020, and as well as consultation with National Economic Development and Labour Council (NEDLAC) on the Bill, which took about three months starting from 5 December 2019 till 14 March 2020. Consequently, the anticipated legal advice from the NEDLAC outcome was delayed thereof. The funds were then used by the Legal Services to augment the over-spending in the area of legal costs recoverable by the Office of the State Attorney. These are the payments made and recoverable by State Attorney from the DPWI against payments made to advocates and other service providers involved in various litigious and non-litigious matters for and against the (DPWI).

b) No programmes were affected by the virement of funds from Programme 4 to Programme 1, as the adjusted budget was declared after a review of the goods and services during the financial year.

c) There was only one claim received from the Office of the State Attorney with specific reference to legal advice on the Expropriation Bill in the amount of R13 110.00 in respect of legal fees of Senior Counsel during the period September 2019 to March 2020 and it was paid by the Department of Public Works & Infrastructure. However, the balance of the amount adjusted was used to defray the claims for legal costs paid by the Office of the State Attorney to advocates and other service providers involved in other litigious and non-litigious matters for and against the DPWI as follows:

BREAKDOWN COSTS OF LEGAL FEES PAID TO OFFICE OF STATE ATTORNEY

Advocate Fees

Sheriff Fees

Printing Services

Taxed Costs

Taxed Costs

Professional Technical

Expert Deeds Fees

Witness Fees

Tracing Services

R3 759 527.87

R3 089.05

R11 600.84

R131 190.64

R 945 668.18

R15 842.00

R16 240.06

R4 R400.00

Total of Legal Fees for period October, November 2019 and February 2020: R4 883 558.64

 

24 July 2020 - NW1262

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Gondwe, Dr M to ask the Minister of Public Works and Infrastructure

What progress has her department made in filling vacant specialist posts such as (a) quantity surveyors, (b) property lawyers, (c) engineers and (d) economists?

Reply:

The Minister of Public Works and Infrastructure:

(a) The Department has employed a total of fifteen (15) professionally registered Quantity Surveyors in its staff establishment with two (2) advertised and in the process of filling.

(b) The department does not have specialist posts of property lawyers, however the legal services unit as a shared service supports all line function including the Unit responsible for property management with all legal related matters.

(c) The Department has employed fourteen (14) professionally registered Engineers in its staff establishment with six (6) professional Engineer positions advertised and in the process of filling.

(d) The Department does not have specialist economist positions in the approved organisational structure.

24 July 2020 - NW1166

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Hicklin, Ms MB to ask the Minister of Public Works and Infrastructure

What (a) reporting and accounting systems are in place in her office to ensure that the growing overdraft of the Property Management Trading Entity (PMTE) is serviced and minimised and (b) measures has she put in place to ensure that the (i) Director-General and (ii) acting head of the PMTE ensure that the overdraft is serviced and minimised?

Reply:

a) The Department of Public Works and Infrastructure prepares reports on monthly basis indicating the progress made to minimise the overdraft, however, the operating model that is being utilized by the PMTE makes provision for the entity to have a revolving overdraft of at least R950m per month. The initiatives that have been implemented to minimise the overdraft include the following:

  • A letters were sent to National Treasury requesting ring fencing of all clients budget and for clients to pay in advance, the requests are being considered by Treasury;
  • On the 1 September 2019, Archibus system was implemented to make payments to the landlords on the 1st of every month instead of the old system that was making payments before the 1st of each month; the system will be enhanced to bill user departments quarterly in advance for leases; and
  • The Department has resolved to devolve the devolution of municipal services to the client departments. In this regard DPWI has advised the departments accordingly.

b)(i) and (ii) In line with established inter-governmental framework principles, below are some of the intervention that the Department has in place to recover the outstanding from client departments and hence minimise the bank overdraft:

  • Request to National Treasury to intervene on clients that do not pay within 30 days;
  • The Director-General wrote letters to his counterparts requesting them to ensure that departments pay the outstanding amounts to the Department;
  • Regular Engagements with user departments regarding their obligations to settle outstanding debts in accordance with prescripts;
  • An intergovernmental framework on billing and recovery has been communicated to all user departments, the framework agreement focuses on advance billing, disputes resolution and cutting of services in certain instances where user departments do not comply with payment arrangements;
  • I have also written to other Ministers to ask for their intervention.

24 July 2020 - NW574

Mokgotho, Ms SM to ask the Minister of Human Settlements, Water and Sanitation

Whether her department has a plan in place to fix an ageing sewer system that has become a health hazard to the community in Ward 6 in the Mamusa Local Municipality; if not, why not; if so, what are the relevant details?

Reply:

The sewer pumping stations of Mamusa Local Municipality (MLM) are under pressure due to the high inorganic composition of the influent. Overflows occur whenever problems such as power or mechanical failures take place. The inability of bulk sewer infrastructure to convey wastewater causes numerous sewer spillages, resulting in pollution of the watercourse. Refurbishment and upgrading of sewer pumping stations in Ipelegeng and Schweizer-Reneke are thus critically important.

To curb the challenges indicated above, the following short-term interventions have been implemented in the Mamusa Local Municipality by the Dr Ruth Segomotsi Mompati District Municipality (DRSMDM):

  1. Maintenance to address mechanical and electrical backlogs at the Ipelegeng Sewerage Pumping Stations has been attended to.
  2. Improvement of the capacity of the Mamusa Local Municipality cleaning team with the procurement of a new High-pressure Water Jet Machine to unblock block sewer lines.

Furthermore, long-term interventions are underway to refurbish the sewer system in Mamusa include the upgrading of critical Bulk Water and Sewer Services. The proposed scheme is twofold and will address the persistent spillages occurring at sewer pumping stations and enhance the sustainability of the infrastructure. The refurbishments will entail the following: 

  1. Construction of new inlet chambers and retention dams 
  2. Refurbishments of existing mechanical components 
  3. Refurbishment of external components around pumping stations
  4. Refurbishments of inlet pipework and manholes 
  5. Installation of new mechanical components 
  6. Upgrading and refurbishment of electrical components. 

 

Funding applications and technical reports were submitted to the Department of Water and Sanitation during the first quarter of 2020. The detailed designs, construction drawings and specifications have been completed and the projects are ready for construction to commence once funding approval is confirmed.

23 July 2020 - NW1070

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Roos, Mr AC to ask the Minister of Home Affairs

For each of the cases (details furnished) where his department has not complied or partially complied with the court order, (a) why has his department not fully complied with the court order, (b) what steps have been taken to fully comply with the order and (c) by what date will his department fully comply with the order?

Reply:

1. LZ [Mathobula] Mathobela v Minister of Home Affairs & another (Case no. 98386/18 - Gauteng Division, Pretoria - Court Order Date: 12 June 2019)

1.1 This matter involved the application for citizenship in case of doubt in terms of section 15 of the South African Citizenship Act 88 of 1995. The Court ordered that the applicant is a South African citizen and directed the Department of Home Affairs (“DHA”) to enter the applicant’s particulars in the population register and issue her with a South African citizen identity number, birth certificate and identity document within 30 days of the order.

Why has his department not fully complied with the court order?

1.2 The Court Order was issued in the Gauteng Division of the High Court. It later transpired that the applicant is ordinarily resident in Cape Town. The applicant approached the Cape Town and officials of DHA were not aware of the Court Order.

What steps have been taken to fully comply with the order?

1.3 An instruction has been given to the Cape Town office to assist on urgent basis. The applicant’ attorneys have been duly informed.

By what date will his department fully comply with the order?

The DHA will fully comply by 31 July 2020.

2. Minister of Home Affairs v Miriam Ali and Others [2018] ZASCA 169 (SCA) (Case no. 1289/17, Supreme Court of Appeal – Court Order Date: 30 November 2018)

2.1 The matter pertains to the interpretation of section 4(3) of the South African Citizenship Act 88 of 1995 (amendment that came into effect on 1 January 2013) in which the main issue was whether or not the section applies with retrospective effect and further is the respondents (on appeal) satisfy the requirements of citizenship by naturalisation. The question was whether in the absence of Regulations, the High Court was correct in directing the Minister to accept applications on affidavits as the order encroached upon the doctrine of separation of powers.

 

2.2 The Supreme Court of Appeal issued the order that:

 

“The Minister shall –

3.1 Within one year of the date of this order make regulations in terms of s 23(a) of the South African Citizenship Act 88 of 1995 (the Act) in respect of applications for citizenship by naturalisation in terms of s 4(3) of the Act;

3.2 Pending the promulgation of the regulation in 3.1 above, accept applications in terms of s 4(3) South African Citizenship Act 88 of 1995, on affidavit.”.

Why has his department not fully complied with the court order?

2.3 The DHA was advised to approach the Constitutional Court (“CC”) as the Order of the SCA had the effect of encroaching upon the subordinate legislative powers of the Minister. The CC declined to hear the matter largely because the DHA delayed in launching the appeal proceedings.

What steps have been taken to fully comply with the order?

2.3 The draft Amendment Regulations to deal with the procedure and requirements for making an application have been prepared and finalised. However, the draft Amendment Regulations must be published for public comments before they are promulgated and due to the National State of Disaster, especially the period between 26 March 2020 and early July 2020, a decision taken was that the DHA may not be able to obtain the adequate public comments due to lockdown Regulations. The draft Amendment Regulations ha been gazetted for public comments.

2.4 The applicants have been issued with certificates for citizenship by naturalization.

By what date will his department fully comply with the order?

 

The DHA will fully comply by 15 September 2020.

3. Scalabrini Centre of Cape Town & 4 others v Minister of Home Affairs & 4 Others, (Case no. 5242/2016 - Western Cape Division, Cape Town - Judgment date: 19 June 2019)

 

3.1 This was an application to review the DHA’s failure to take a decision and make a determination regarding the refugees who are entitled to refugee status and asylum in South Africa by virtue of section 3(c) of the Refugees Act 130 of 1998 because they are dependent spouses and children of the applicants.

3.2 The Court Order dated 19 June 2019 reads:

“The Standard Operating Procedures from the Department satisfies the requirements that entitles the Department to adopt appropriate policies and procedures which facilitate the reception and assessment of claims by dependents of refugees.

Further that such refugee applicants have the right to work, attend school, receive basis and emergency health-care and may not be detained, arrested or deported.”

The Department has conducted training on the implementation of the Standard Operating Procedures and the same is being implemented.

Why has his department not fully complied with the court order?

3.3 The DHA has conducted training on the implementation of the Standard Operating Procedures and same is being implemented.

What steps have been taken to fully comply with the order?

The DHA has fully complied with the Court Order.

By what date will his department fully comply with the order?

 

The DHA has fully complied with the order.

4. Lawyers for Human Rights v Minister of Home Affairs and Others [2017] ZACC 22 (CC) (Case no. CCT 38/16, Constitutional Court - Judgment date: 29 June 2017)

4.1 This matter concerned the consideration of the conditions under which illegal foreigners are detained before deportation in terms of section 34 of the Immigration Act 13 of 2002. The applicant challenged certain provisions of section 34 relating to detentions . These conditions included a failure to inform foreigners of the rights. The section requires them to be notified of, the inability to exercise these rights owing to lack of resources and legal assistance.

4.2 The court ordered, inter alia, the following:

“2. Section 34(1)(b) and (d) of the Immigration Act 13 of 2002 is declared to be inconsistent with sections 12(1) and 35(2)(d) of the Constitution and therefore invalid.

3. The declaration of invalidity is suspended for 24 months from the date of this order to enable Parliament to correct the defect.

4. Pending legislation to be enacted within 24 months or upon the expiry of this period, any Illegal foreigner detained under section 34(1) of the Immigration Act shall be brought before a court in person within 48 hours from the time of arrest or not later than the first court day after the expiry of the 48 hours, if 48 hours expired outside ordinary court days.

5. Illegal foreigners who are in detention at the time this order is issued shall be brought before a court within 48 hours from the date of this order or on such later date as may be determined by a court.

6. In the event of Parliament failing to pass corrective legislation within 24 months, the declaration of invalidity shall operate prospectively.

7. The Minister of Home Affairs and the Director-General: Department of Home Affairs shall, within 60 days from the date of this order, file on affidavit a report confirming compliance with paragraph 5, at the High Court of South Africa, Gauteng Division, Pretoria.”.

Why has his department not fully complied with the court order and what steps have been taken to fully comply with the order?

4.3 The DHA has filed a report in Court and fully complied with paragraphs 4, 5, 6 and 7 of the Court Order. All illegal foreigners who are arrested and detained for deportation are brought before a magistrate within 48 hours for conformation of detention.

4.4 During 2018, the Portfolio Committee on Home Affairs introduced a Committee Bill to amend the Immigration Amendment Bill to address the defects in section 34(1) the Immigration Act as declared by the court to be invalid. However, at the end of the term of the fifth Parliament, the Bill was not finalised and therefore not saved. In this regard, the order of invalidity is applicable until proper provision is made in the Immigration Act.

4.5 The DHA has embarked on extensive Policy Review in line with international trends of dealing with immigration and refugee protection in one single legislation.

 

By what date will his department fully comply with the order?

 

4.6 The DHA has fully complied with the order. The section declared unconstitutional will be dealt in the said Policy Review.

5. Scalabrini Centre of Cape Town v Minister of Home Affairs [2017] ZASCA 126 (Case no. 1107/2016, Supreme Court of Appeal - Court Order Date: 29 September 2017)

5.1 The matter involved the decision to close refugee reception office under section 18(1) of the Refugees Act 130 of 1998 challenged on the basis of unreasonableness and rationality. The Court found that decision-maker failed to take into account relevant considerations, comply with the empowering provision and committed errors of law.

5.2 The procurement of infrastructure is made through the Department of Public Works and Infrastructure (“DPWI”). In this regard, the DHA had identified a site however confirmation was received that the service provider for the identified site will not be continuing with the process. As a result, the signing of lease agreement was not proceeded with.

Why has his department not fully complied with the court order?

5.3 I refer to my answer above.

What steps have been taken to fully comply with the order?

5.4 The DHA has engaged DPWI to restart the process for the new tender, and DPWI advised that the Bid Advertisement closed on 25 May 2020 and five (5) bids or responses were received. Due to restrictions on movements due to the National State of Disaster, the process of physical inspections of the five (5) sites as per the bids may be delayed.

5.4 I must add that National Treasury advised the DHA that its budget will be reduced by R562 million in the financial year 2020/2021. This will have a huge negative impact on the DHA’s procurement of infrastructure.

By what date will his department fully comply with the order?

5.5 Once the above processes are completed, the DHA would have fully complied with the order. The DHA is unable to provide an exact date of compliance as the successful implementation depends on DPWI’s assistance, but monthly reports are furnished to the applicant’s attorneys on progress.

6. Ntumba Guella Nbaya v Director General of Home Affairs (Case No. 6543/15) (Case no. 6534/15, Western Cape Division, Cape Town - Court Order Date: 3 June 2016)

 

6.1 In this matter, the Court ordered the DHA to extend asylum seeker permit applied for in Refugee Reception Offices other than Cape Town. The permits of all those who presented themselves were extended whilst their files were being transferred to the Cape Town Refugee Reception Office.

Why has his department not fully complied with the court order?

6.2 The DHA has fully complied with the Court Order.

What steps have been taken to fully comply with the order?

6.3 None as the DHA has complied with the order.

By what date will his department fully comply with the order?

See my answers above..

7. Mzalisi NO & others v Ochogwu & another [2019] ZASCA 138 (SCA) (Case no. 630/2018, Supreme Court of Appeal - Court Order Date: 1 October 2019)

 

7.1 This matter involved the eligibility of asylum seekers whose status has not been determined to marry whilst lawfully residing in South Africa. The validity of particular paragraph [2.1(b)(iii)(dd)] in the DHA circular imposing absolute ban on asylum seekers seeking to marry was found to be inconsistent with the law and invalid.

7.2 The DHA has since amended the circular to deal with the inconsistency and issued an amended circular during January 2020 to all the Offices of the DHA for implementation. Furthermore, an opinion has been sought from external Counsel on the issue of circulars and directives.

 

Why has his department not fully complied with the court order?

The DHA has fully complied with the Court.

What steps have been taken to fully comply with the order?

 

The DHA has fully complied with the order.

By what date will his department fully comply with the order?

 

See my answer above.

8. OZM v Refugee Appeal Board & Others Case No. 44643/14 (Case no. 44643/14, North Gauteng High Court, Pretoria - Court Order Date: 4 June 2018)

8.1 The matter involved a judicial review of the decision of the Refugee Appeal Board (“RAB”) for rejecting the application for refugee status. The Court ordered referral back to the Refugee Status Determination Officer (“RSDO”) for reconsideration within two months.

Why has his department not fully complied with the court order?

8.2 The application is yet to be reheard and contact will be made with the applicant’s attorneys to inform her to avail herself for a rehearing immediately the Refugee Reception Offices resume with their functions. Furthermore, the applicant’s asylum seeker permit has been extended pending the determination of her application.

 

8.3 The DHA will fully comply with the order within 30 days of the opening of the Refugee Reception Offices, as they are currently closed under Alert Level 3 Lockdown.

9. KN & 3 Others v Standing Committee for Refugee Affairs & 7 Others Case No. 50342/16 (Case no. 50342/16, North Gauteng High Court, Pretoria - Court Order Date: 6 November 2019)

9.1 This matter was for a judicial review of the decision of the Refugee Status Determination Officers for rejecting the applications for asylum and the decision of the Standing Committee for Refugee Affairs (“SCRA”) for upholding the decisions of the Refugee Status Determination Officers. The Court ordered that the matter be remitted for reconsideration by the Refugee Status Determination Officers.

Why has his department not fully complied with the court order?

9.2 See my answer below

What steps have been taken to fully comply with the order?

9.3 The application is yet to be reconsidered and contact will be made with the applicant’s attorneys to inform the applicants to avail themselves for a rehearing immediately the Refugee Reception Offices resume with their functions. Furthermore, the applicants’ asylum seeker permits will be extended pending the determination of their application.

9.4 By what date will his department fully comply with the order?

The DHA will fully comply with the order within 30 days of the opening of the Refugee Reception Offices, as they remain closed.

10. Abdi Kadir Khalif vs The Refugee Appeal Board & 5 Others Case No. 32474/2017 (Case no. 32474/2017, North Gauteng High Court, Pretoria - Court Order: 15 May 2018)

10.1 The Court ordered the DHA to release the applicant from Lindela Holding Facility to allow him to apply for asylum and the DHA duly complied.

10.2 The judicial review against the decision of the Refugee Appeals Board is still pending. The DHA has filed the record in terms Rule 53 of the Uniform Rules as the matter is opposed.

Why has his department not fully complied with the court order and what steps have been taken to fully comply with the order?

10.3 See answer above.

By what date will his department fully comply with the order?

The DHA has complied with the order.

END

23 July 2020 - NW1517

Profile picture: McGluwa, Mr JJ

McGluwa, Mr JJ to ask the Minister Of Home Affairs

What has his findings been of the work environment and culture at the Government Printing Works? NW1888

Reply:

I will refer the Honourable Member to the report of the Portfolio Committee after the visit of the Committee to the Government Printing Works on 17th June 2020. Honourable member is a member of the Portfolio Committee. I believe The Honourable member has access to the report.

END

23 July 2020 - NW1071

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

For each of the past three financial years to date, (a) what total amount did the Government Printing Works spend on external legal services, including contracting services and legal opinion services and (b)(i) which three firms received the highest total amounts, (ii) what total amount did each of the three firms receive and (iii) for what legal services in each case?

Reply:

The Government Printing Works (GPW) currently has no in-house legal services capacity, however, this situation is being addressed through the revision of the organisational structure which envisages establishing such capacity.

(a) The GPW spent a total of R 4 579 563,70 (excl. VAT) in external legal fees over the past 3 financial years, as follows:

1 April 2017 - 31 March 2018

R 1 320 124,48

1 April 2018 - 31 March 2019

R 2 240 836,50

1 April 2019 - 31 March 2020

R 1 018 602,73

(b)(i) The following three firms received the highest total amounts over the 3 years in question:

NT Mchunu Incorporated

Masondo Attorneys

De Swardt Vogel Myambo Attorneys

(b)(ii) The abovementioned three firms received the following amounts (excl. VAT) in total over the 3 years in question:

NT Mchunu Incorporated

R 1 112 299,05

Masondo-Malope Attorneys

R 1 097 285,08

De Swardt Vogel Myambo Attorneys

R 713 682,11

(b)(iii) The legal fees were in respect of the following:

 

Firm

Legal

Opinion

Contracting Services

Other *

Total

NT Mchunu Incorporated

R387 920.08

R587 435.97

R136 943.00

R1 112 299,05

Masondo Attorneys

R 24 335.73

-

R150 513.15

R1 097 285,08

De Swardt Vogel Myabo Attorneys

-

R 86 789.63

R626 892.48

R 713 ,682.11

* Other refers mostly to cases where the firms were hired to provide a bouquet of legal services over a particular time. Such services included drafting contracts and service level agreements, development of legal policies, contract vetting, and provision of general legal advice.

END

23 July 2020 - NW1518

Profile picture: McGluwa, Mr JJ

McGluwa, Mr JJ to ask the Minister Of Home Affairs

(1) Whether he and/or his department has been informed of the allegations against a senior official of the Government Printing Works (name furnished) regarding questionable qualifications, intimidation of staff and misuse of taxpayers’ money to fund an overseas trip with friends; if not, what is the position in this regard; (2) Whether an investigation is underway; if not, what is the position in this regard; if so; what are the the further relevant details?

Reply:

Honourable member, the Portfolio Committee On Home Affairs, which you are a member of, paid a visit to the Government Printing Works on 17th of June 2020, to gather facts about the issues you are enquiring about. As a member of the Committee, I am sure you have access to such a report.

END