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25 June 2021 - NW1075

Profile picture: Gondwe, Dr M

Gondwe, Dr M to ask the Acting Minister in The Presidency

With reference to the performance agreements concluded with Directors-General (DGs) and/or Heads of Department (HoDs), what (a) measures will be put in place to ensure that DGs and/or HoDs submit their performance agreements within the stipulated time frame, (b) action will be taken against DGs and/or HoDs who fail to submit their performance agreements within the stipulated time frame and (c) action, consequence management or otherwise, will be taken against DGs and/or HoDs who perform poorly in terms of their performance agreements?

Reply:

a) The Director – Generals and /or Heads of Departments are most Senior officials in Government and are expected to be exemplary by submitting on time. However, Department of Planning, Monitoring and Evaluation sends reminders of the submission deadlines. In addition, the conclusion of Performance Agreements of Director-Generals and Heads of Departments are part of Performance Agreements of Ministers.

b) Section 7.2 of the Directive on Performance Management for Heads of Department state that the DG/HoD will forfeit their performance incentives (bonus and pay progression) if they do not comply with the submission date of their performance agreements. As stated above Ministers will also be assessed on this.

c) The Senior Management Service policy for the management of poor performance is also applicable to the HoDs. Annexure I to the PMDS for HoDs outlines the process to be followed in cases of poor performance. The process entails that if it is the first occurance then the reasons for non-performance will be explored and a performance improvement plan should be developed and implemented. If the non-performance is not the first time then the process of warnings and disciplinary hearings must be instituted which could result in sanctions, extension of notice period, demotion, transfer or dismissal.

Thank You.

25 June 2021 - NW1168

Profile picture: Brink, Mr C

Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

Whether, in light of the one-year anniversary of the implementation of the different levels of lockdown in the Republic, the Government has ever conducted and/or outsourced a comprehensive cost-benefit analysis of every lockdown level in order to determine whether the costs of the various lockdown levels outweighed the benefits or not, where such costs and benefits are defined in terms of years of life lost and gained, respectively; if not, why not; if so, what are the further relevant details of the analysis?

Reply:

No, the Department of Cooperative Governance and Traditional Affairs (COGTA) did not conduct a cost-benefit analysis relating to these aspects as the underlying economic and medical considerations that will inform such an analysis fall within the purview and expertise of the Department of Trade, Industry and Competition, the National Treasury and the Department of Health. As such, these deaprtments are best placed to respond to the question.

 

25 June 2021 - NW1319

Profile picture: Opperman, Ms G

Opperman, Ms G to ask the Minister of Social Development

(1)With reference to the presentation of the Auditor-General to the Portfolio Committee on Social Development, (a) what led to the increase in irregular expenditure in the National Development Agency (NDA) and (b) what are the reasons that investigations into irregular expenditure from previous financial years are still not finalised; (2) on what date will a formal policy or Standard Operating Procedure be in place for officials in the NDA regarding irregular, fruitless and wasteful expenditure; (3) what are the relevant details of (a) the person who is liable for the R983 billion that was lost by her department due to overpriced goods and services and (b) what number of preliminary investigations have been conducted in this regard; (4) (a) which service providers overpriced goods and (b) what remedial action was taken to recoup some of the R983 million that was lost in the 2018-19 financial year?

Reply:

1. (a) The main contributors to the increase in irregular expenditure in the 2019-20 financial year (R39m), were the irregular contracting of the training service providers to implement the UIF third party contract (R23,3m), as well as lease costs related to the NDA’s head office (R5,9m), where the contract had expired, and was not extended on time. The training contract was terminated, and replaced by new service providers after a competitive bidding process was followed. National Treasury approved a deviation to continue with the head office lease for a further period of 5 years, thus regularizing this contract.

Up to the end of the third quarter of the 2020-21 financial year, the main contributors to the increase in irregular expenditure of R1,9m, were the internet services contract, the insurance contract, and lease contracts for the Western Cape and Gauteng provincial offices. The internet services contract had expired, and was extended irregularly in the past. This irregular contract was replaced in the 4th quarter, thus terminating the previous contract. The insurance contract was advertised for tender in April 2021, and will be regularised in the 2021-22 financial year. The lease contracts for office space were terminated in July 2020, thus curtailing the irregular expenditure.

1. (b)

(i) . In previous years the NDA experienced a high turn-over of staff and some instability in the Chief Financial Officer position, which resulted in this work not receiving the necessary attention.

(ii) The other contributing factor in the slow pace of implementing consequence management was the lack of capacity particularly in both Legal and HR Units.

(iii) However, the assessment of all cases from prior years done in 2020/21 financial year has revealed that there is no need for a formal investigation because such transactions do not raise ay suspicion of fraud fraudulent, corrupt or other criminal conduct.

The prior years’ irregular expenditure cases emanate from contracts which were concluded by officials who are no longer NDA’s employees. The individuals concerned are therefore no longer subject to the NDA’s Disciplinary Code and Grievance Procedures (“Disciplinary”).

The amounts involved have been included in the condonation application, which is currently under consideration by National Treasury

(2) Formal policies for Irregular and Fruitless and Wasteful expenditure were drafted and approved by the Board for implementation in November 2020.

(3) (a) The Department has never incurred a liable of R983 billion. (b)Therefore, does not have any information with regards to an investigation.

(4) (a)Not applicable to the Department of Social Development. (b)Therefore, does not have any information of any remedial actions taken.

25 June 2021 - NW1460

Profile picture: Ngcobo, Mr S

Ngcobo, Mr S to ask the Minister of Social Development

Whether her department has put any measures in place to monitor non-governmental organisations in the disability sector that are funded by the Government; if not, why not; if so, what are the details of the measures?

Reply:

Yes, all funded Non-Governmental Organizations, including those in the disability sector are monitored in line with the Public Finance Management Act as detailed below:

1. First and foremost, for the organization to be funded, it must provide the information requested by the relevant department to demonstrate that it has the necessary capability and understanding to provide services according to the specified minimum norms and standards for that particular service, in this case, disability services.

2. Secondly, before the funds are transferred to any organization (including those rendering disability services), the Department obtains a written assurance from the organization that confirms that the organization implements effective, efficient and transparent financial management and internal control systems. The purpose of this assurance is to ensure that throughout the funding period, the organization is monitored towards adherence to its internal control systems as these are reviewed and tested on an ongoing basis during the funding cycle.

3. Lastly, as part of monitoring the organizations; appropriate measures are maintained to ensure that subsidies to organizations are used for their intended purpose in line with the norms and standards of that particular service. Such measures include-

  • regular progress and annual reporting procedures on performance in line with the objectives and specifications i.e. for disability services – in this instance,
  • analysis of the submitted progress reports to monitor performance and achievement of quarterly targets. This is also aimed at determining the release of the next tranche,
  • internal and external audit requirements and, where appropriate, submission of audited statements; and
  • regular monitoring procedures; which include both scheduled and unscheduled on-site visits to review whether the agreed upon objectives are attained or not.

4. All-in all, the organizations are monitored against the service level agreements that they enter into with the relevant department in terms of compliance, performance, financial management and reporting requirements.

25 June 2021 - NW885

Profile picture: Malatsi, Mr MS

Malatsi, Mr MS to ask the Acting Minister in The Presidency

(a) What is the breakdown of paid-for interviews on community radio stations by her Office and/or the Government Communication and Information System, for the period commencing 1 January 2020 to 1 March 2021 in the Western Cape, (b) which community radio stations were paid by government for interviews, (c) on what date was each interview done, (d) what was the total Rand value for each interview at each of the radio stations and (e) which individual(s) appeared on each of the interviews?

Reply:

 

Number of paid for Radio interviews

Date of the Radio programme

Name of the Community Radio

Name of the Messenger and Theme

Cost

 

4 Interviews

16 Live reads

29 September 2020

30 September 2020

1 October 2020

6 October 2020

14-30 September 2020

WRFM –Witzenberg Radio

Mr P Titus

Mr Maynier

-Tourism Month

Mr P Titus

– Domestic Violence

Mr P Titus

– Gender Base Violence

R 15000.00

 

3 Interviews

16 live reads

29 September 2020

30 September 2020

30 September 2020

Heartbeat FM

Heritage Day – Jethro Grootboom RCC

Mr D Saur

Mr J Grootboom

R 15000.00

 

3 Interviews

16 Live reads

14 September 2020

18 September 2020

27 September 2020

Eden FM

Office of the Consumer Protector - Public Service Month

Tourism Month - Mr J Grootboom

Thusong Manager form Waboomskraal Thusong Centre

R 15000.00

 

4 Live reads

20 Live reads

22 September 2020

30 September 2020

12 October 2020

15 October 2020

Radio Helderberg

Radio Helderberg

Mr L Labantu

Legal Officer Commission for Gender Equality

Mr Z Badroodien

Mr L Macakati

MrsS Britz

R 15000.00

 

5 Interviews

24 Live reads

2 October 2020

4 October 2020

6 October 2020

7 October 2020

9/10/2020

Whale Coast FM

Dr N Louw

Mayor of the Overberg

Sgt Jooste

L Van Staden Badisa

Brig D Heilbron

Dr R van Renburg Surgeon

Dr M Grobbelaar

R 24000.00

 

5 Interviews

24 Live Reads

2 October 2020

9 October 2020

16 October 2020

23 October 2020

30 October 2020

Radio Namakwaland

Social Development

Matzikama Municipality

Disaster Management

Disaster Management and Office of the Mayor - COVID-19

Cederberg Municipality – COVID-19

R 24000.00

 

4 Live reads

24 Live reads

11 & 20 September 2020

12& 17 October 2020

Heartbeat FM

Mr J Grootboom - COVID-19

Mr Pat SAPS - GBV

R 24000.00

 

5 Interviews

24 Live reads

30 September 2020

7 October 2020

14 October 2020

21 October 2020

28 October 2020

RWC - Radio West Coast

Disaster Management – COVID-19

Social Development–GBV

Saldanha Bay Municipality – COVID-19

Disaster Management – COVID-19

Berg Rivier Municipality – COVID-19

R 24000.00

 

24 Live reads

3 Interviews

18 September 2020

22 September 2020

29 September 2020

Radio Gamkaland

S Phiffers – COVID-19

Srg Louw SAPS – GBV

H Jacobs – COVID-19

R 24000.00

 

3 Interviews

24 live reads

14 September 2020

9 September 2020

22 September 2020

Eden FM

L Mcakathi CGE – GBV

J Grootboom– Covid 19

Social Auxiliary Worker – GBV

R 24000.00

 

2 Interviews

8 Live reads

12 February 2021

25 February 2021

Whale Coast FM

E Maloy - Post Sona

E Maloy and Dep Mayor Overstrand – Post Sona

R 9426.00

 

2 Interviews

8 Live reads

23 February 2021

25 February 2021

Radio Helderberg

M Mnqosela – Post Sona

K Sayed

Cllr Mfecane – Post Sona

R 7000.00

 

2 Interviews

8 Live reads

24 February 2021

25 February 2021

Heartbeat FM

T Wolmarans

J Grootboom – Post Sona

R 7500.00

 

2 Interviews

8 Live Reads

17 February 2021

18 February 2021

Radio KC

P Titus -Post Sona

P Titus – Post Sona

R 10494.00

 

2 Interviews

8 Live reads

24 February 2021

25 February 2021

Radio Overberg

E Maloy & P Titus –Post Sona

R 8720.00

 

2 Interviews

8 Live reads

22 February 2021

24 February 2021

WRFM – Witzenberg FM

P Titus –Post Sona

P Titus – Post Sona

R 8400.00

 

2 Interviews

8 Live reads

23 February 2021

27 February 2021

Radio 786

Nkodlo –Post Sona

C Dagmore – Post Sona

R 9600.00

 

2 Interviews

8 Reads

18 February 2021

12 February 2021

Eden FM

L van Rhenen – Post Sona

Dr N Benjamin -Sona

R 8800.00

 

2 Interviews

8 Live reads

22 February 2021

24 February 2021

Radio Namakwaland

E Mckay - Post Sona

E Mckay - Post Sona

R 5040.00

 

2 Interviews

8 Live reads

24 February 2021

Paarl FM

P Titus – Post Sona

R 8720.00

TOTAL

59 radio interviews implemented with 292 Live reads where implemented

R 287 700.00

Thank You.

25 June 2021 - NW1267

Profile picture: Gumbi, Mr HS

Gumbi, Mr HS to ask the Minister of Cooperative Governance and Traditional Affairs

What is the total (a) number of water tankers that operated in the Inanda area since 2010 and (b) amount spent on (i) water tankers and (ii) bulk infrastructure in the specified area in each specified year?

Reply:

1267

Financial year

Description

Project No.

YTD Actuals (at 30 April 2021)

Total per FY in Rm

2020-21

INANDA NEWTOWN C SEWER RETICUL

Y8136D

                   0.818

 

 

INANDA B-SINAMUVA DRIVE SEWER

Y8783D

                   0.228

 

 

 

 

                   1.046

      1.046

2019-20

Umbhayi Housing Development

X8224

                   0.152

 

 

INANDA NEWTON C SEWER RETICULATION

Y8136B

                   5.630

 

 

INANDA NEWTOWN C SEWER RETICUL

Y8136C

                          -  

 

 

INANDA NEWTOWN C SEWER RETICUL

Y8136C

                          -  

 

 

 

 

                   5.782

      5.782

2018-19

INANDA NEWTON C SEWER RETICULATION

Y8136B

                   0.186

 

 

Inanda B Sinamuva drive sewer

Y8783

                   0.268

 

 

 

 

                   0.454

      0.454

2017-18

Inanda Newtown 'C' Sewer Reticulation

Y8136B

                   0.138

 

 

 

 

                   0.138

      0.138

2016-17

 

 

                          -  

 

 

 

 

 

0

2015-16

 

 

0

 

 

 

 

 

0

2014-15

 

 

0

 

 

 

 

 

0

2013-14

Inanda Glebe Sewer Reticulation

Y6459

                   0.079

 

 

 

 

                   0.079

      0.079

2012-13

Etafuleni phrase1 and 2 collector

Y6523

                   2.871

 

 

 

 

                   2.871

      2.871

 

 

 

 

 

Grand total

 

 

 

10.3698

BACKGROUND INFORMATION:

It is to be noted that parliamentary question require information since 2010, however information submitted by the Ethekwini Metro is for period since 2012/13 financial year. According to the Metro, information before 2012/13 is not readily available and therefore will require more time to be extracted and submitted.

25 June 2021 - NW590

Profile picture: Majozi, Ms Z

Majozi, Ms Z to ask the Minister in the Presidency

Whether she has been informed of a high-level operation in which powerful politicians are using state organs in an attempt to harm Independent Media and its major shareholder, Sekunjalo Investment Holdings, thereby posing a threat to media freedom (details furnished); if not, why not; if so, what is her department’s position on the matter? NW646E.

Reply:

The GCIS is not aware of any operation to harm the Independent Media Group and its major shareholder Sekunjalo Investment Holdings. The department is obliged in terms of the Constitution of the Republic of South Africa to treat all media fairly.

Thank You.

25 June 2021 - NW1472

Profile picture: Tarabella - Marchesi, Ms NI

Tarabella - Marchesi, Ms NI to ask the Minister of Employment and Labour

(1)Whether his department has concluded any work exchange and/or employment agreements with any entity of the Republic of Cuba from the 2010-11 financial year up to the 2020-21 financial year; if not, what is the position in this regard; if so, what (a) total number of Cuban nationals (i) have been employed in each of the specified financial years and/or (ii) are due to be employed in the 2021-23 Medium-Term Expenditure Framework period, (b) are the details of the work that each of the specified Cuban nationals was and/or will be employed to perform, (c) are the details of the specific skills sets that each of the specified Cuban nationals possessed and/or will possess that South African nationals did or will not possess and (d) are the details of the total cost of employing each of the specified Cuban nationals in each case; (2) whether his department took any steps to ensure that the specific skills set of the specified Cuban nationals were and/or will not be available in the Republic amongst South African citizens; if not, in each case, why not; if so, what are the relevant details of the (a) steps taken and (b) outcomes of the steps taken in this regard?

Reply:

South African Ministry of Employment and Labour concluded a Bilateral Agreement with the Cuban Ministry of Employment, Social Security and Occupational Health and Safety in Cape Town on the 1st March 2004 that is renewable unless terminated by either party through diplomatic channels. This agreement remains in force and forms part of the Republic of South Africa and the Republic of Cuba relations.

The rest of the questions posed by Honourable Mrs N I Tarabella Marchesi with regard to employment of Cubans locally are not applicable under this agreement.

The agreement with the Cubans only confines itself to cooperation in the fields of “Employment, Social security and Occupational Health and Safety on the basis of equality and mutual benefits, taking into account the experience of specialists in these fields and possibilities of cooperation available in each country” Each country bears its own costs in implementing the agreement.

25 June 2021 - NW1411

Profile picture: Masipa, Mr NP

Masipa, Mr NP to ask the Minister of Cooperative Governance and Traditional Affairs

(1)What is the (a) extent of the commonage land in Mpumalanga and (b) current usage of the commonage land; (2) whether the commonage land has water rights to allow farming to take place; if not, what steps will her department take to ensure that there are water rights; if so, what are the relevant details; (3) whether there are farming activities taking place on the commonage land; if not, why not; if so, what farming activities are taking place on the pieces of land; (4) (a) whether she will furnish Mr N P Masipa with the relevant information regarding land that has been invaded and (b) the action(s) that were taken regarding the situation; if not, why not; if so, on what date?

Reply:

My department requested the Provincial department to provide a details in relation to question raised by the honourable member. The reply will be updated with the information as it becomes available.

BACKGROUND INFORMATION:

25 June 2021 - NW1325

Profile picture: Brink, Mr C

Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

Whether, with reference to a meeting of the Portfolio Committee on Cooperative Governance and Traditional Affairs held on 1 April 2021, wherein an official from her department indicated that a review of the Intergovernmental Relations Framework Act, Act 13 of 2005, is currently underway to enable the Government to implement the District Development Model (DDM)(details furnished), she has found that certain provisions of the existing legislation will hinder the implementation of the DDM; if not, what is the position in this regard; if so, what are the legislative provisions concerned; (2) Whether a review of legislation is currently underway to facilitate the implementation of the DDM; if not, why not; if so, what are the details of the review process? NW1521E

Reply:

1. The District Development Model (DDM) as a approach towards ensuring improved intergovernmental coordination and cooperation is premised on utlising enabling levers within existing legislation, policies, and experiences within the government and non governmental space. The Intergovernmental Relations Act, 13 of 2005 (IGRFA), is one such piece of legislation that contains several enabling provisions that are used to frame the design, institutionalisation, and implementation of the DDM. More specifically section 47. Currently Regulations as required and specified under section 47(1)(b) of the IGRFA are being drafted that will, once gazetted and approved provide a legal framework for the institutionalisation and implementation of the DDM. The draft Regulations as it stands is a culmination of extensive intergovernmental consultations and dialogues that were facilitated by my Department over the course of the 2020/21 financial year. Further consultations and dialogues will continue during the 1st quarter of this financial year that will provide further insights to the strengthening and finalisation of the Regulations.

2. Constant dialogues on the relevance and impact of the Intergovernmental Relations Framework Act, 13 of 2005, have been facilitated by my Department since 2015 (marking the 10 years of enactment of the Act), which were also complimented by various research studies. One key finding that came out from these studies and dialogues was a need to review the Act as a whole in order to discern which sections are still relevant, which sections need to be refined,and what additional sections could be added in a amended Act. At the end of the 2020/21 financial year a discussion document outlining several proposals for amendment was produced through several intergovernmental dialogues, which will continue during the course of the 1st and 2nd quarters of this financial year. The build-up and collected experiences gained from the implementation of the DDM will therefore compliment the review of the IGRFA where needed for future implementation. It therefore should be indicated that the review have been undertaken before the advent of the DDM as a continuos process.

25 June 2021 - NW1143

Profile picture: Gumbi, Mr HS

Gumbi, Mr HS to ask the Minister of Cooperative Governance and Traditional Affairs

What (a) is the total amount that has been spent on (i) water tankers and (ii) bulk water infrastructure in Ward 3, uMzinyathi, in the eThekwini Metropolitan Municipality in each financial year since 2010?

Reply:

1143

Financial year

Description

Project No.

YTD Actuals (at 30 April 2021)

Total per FY in

Rm

2020/21

MZINYATHI

X7533

-

 

 

ETAFULENI TOWNSHIP

X5653D

0.185

 

 

 

 

 

0.185

2019/20

Intathakusa ET & Outlet pipeline

X5028B

2.706

 

 

MZINYATHI,EMAQADINI RETICULATION

X7533

8.774

 

 

 Umzinyathi - 16 Water tankers

 

32.120

 

 

 

 

 

43.600

2018/19

Intathakusa ET & Outlet pipeline

X5028B

9.997

 

 

Etafuleni Township

X5653

0.111

 

 

Intathakusa elevated tower & outlet pipeline

X5028A

3.746

 

 

 Umzinyathi - 15 Water tankers

 

27.375

 

 

 

 

 

41.229

2017/18

Intathakusa ET & Outlet pipeline

X5028B

0.011

 

 

Mzinyathi infill project

X6540

0.001

 

 

Intuthuko infills

X4506A

-

 

 

 Umzinyathi - 12 Water tankers

 

19.710 

 

 

 

   

19.722

2016/17

 

 

 

 

 

Intathakusa ET & Outlet pipeline

X5028B

0.066

 

 

Etafuleni Township

X5653B

0.737

 

 

 Umzinyathi - 10 Water tankers

 

14.600

 

 

 

 

 

15.403

2015/16

 

 

 

 

 

INTHUTHUKO WATER INFILLS

 

0.003

 

 

Intathakusa Project

 

-

 

 

 Umzinyathi - 10 Water tankers

 

12.775 

 

 

 

 

 

12.778

2014/15

Ekukhanyeni/Mzinyathi

X3675

0.011

 

 

Intuthuko Water

X4506

0.180

 

 

Mzinyathi Baseline Survey

X5720

0.570

 

 

 

 

 

0.761

BACKGROUND INFORMATION:

It is to be noted that parliamentary question require information since 2010, however information submitted by the Ethekwini Metro is for period since 2011/12 financial year. According to the Metro, information before 2011/12 is not readily available and therefore will require more time to be extracted and submitted

25 June 2021 - NW1278

Profile picture: Gondwe, Dr M

Gondwe, Dr M to ask the Minister in the Presidency

(1)Whether, with respect to the moratorium placed on filling vacancies pending the reconfiguration of Brand SA, SA Tourism and Invest South Africa, the moratorium was placed on all three entities or only on Brand SA; if the moratorium was placed only on Brand SA, what were the reasons; (2) whether there are plans in place to lift the moratorium in order to allow for the filling of critical posts at an executive level in the specified entities; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. I can only be able to respond on the Brand SA which is under my authority. The temporary moratorium was put in place, whilst the work assigned towards establishing an effective and streamlined entity out of the three mentioned entities. The mentioned entities will drive an international marketing programme of the country.

2. Whether there are plans in place to lift the moratorium in order to allow for the filling of critical posts at an executive level in the specified entities; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

  • In December 2020 my predecessor lifted the moratorium on critical posts, to be filled on a contract basis whilst this work continues.
  • I have also met with the Board of the Brand SA to discuss their Annual Performance Plan (APP) for 2021/22. These discussions are continuing with the Director General of the GCIS to guide me on the posts that might need to be filled urgently whilst the work of rationalizing these entities continue.

Thank You.

25 June 2021 - NW1148

Profile picture: Brink, Mr C

Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

(a)Whether, with reference to the Ratings Afrika’s Municipal Sustainability Index which has constantly ranked the City of Cape Town as the most financially sustainable metro in the Republic, in the interests of cooperative governance, her department has ever considered replicating the Cape Town model to assist struggling metros across the Republic to improve their financial sustainability, if not, why not; if so, what are the relevant details?

Reply:

The department does not currently rely on of the many external institutions or agencies to assess and compare the financial health and performance of municipalities. Municipalities also use different financial ratios and norms to assess their own performance and set benchmarks for improvement to be measured over time.

The department shares best practices from other municipalities and uses these benchmarking initiatives to improve efficiency and effectiveness of municipal services like the water services delivery, strengthening performance measurement monitoring and measurement, in order to build resilient and climate-smart communities and improve the quality of people’s lives.

25 June 2021 - NW1345

Profile picture: Spies, Ms ERJ

Spies, Ms ERJ to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether, with reference to the oversight visit of the Portfolio Committee on Cooperative Governance and Traditional Affairs to the waste water treatment plant in the Naledi Local Municipality in the North West on 6 May 2021, (a) she has been informed of allegations made by officials of the specified municipality that the operation of the plant has been outsourced to a service provider that is completely incapable of fulfilling the relevant licencing conditions, leading to the pollution of natural water sources; if not, why not; if so, (2) whether she intends to take steps to ensure that there is co-operation between stakeholders such as the North West provincial government, the municipality and the district municipality in respect of ensuring access to potable water by the community and the proper functioning of the waste water treatment plant in the Naledi Local Municipality; if not, what is the position in this regard; if so, what are the relevant details

Reply:

My department requested the North West Provincial department, and the line department for sanitation to provide a detailed report in relation to question raised by the honourable member. MISA will provide the necessary technical support. The reply will be updated with the information as it becomes available.

BACKGROUND INFORMATION:

25 June 2021 - NW940

Profile picture: Gondwe, Dr M

Gondwe, Dr M to ask the Minister in the Presidency

(1)Whether, in view of the performance agreements that the President, Mr M C Ramaphosa, signed and concluded with the various Ministers, a framework has been developed to manage the performance of the Ministers; if not, why not; if so, was the framework approved by Cabinet; (2) how often will the President review and assess the performance of the various Ministers; (3) whether her Office will upload the performance reviews and assessments on its website, in an effort to promote accountability and transparency on the part of the Executive; if not, what is the position in this regard; if so, what are the relevant details; (4) (a) how will the Deputy Ministers be reviewed and assessed and (b) will the President conclude performance agreements with the Deputy Ministers as well?

Reply:

(1) Yes, a framework was developed.

(2) The President will perform reviews annually considering performance score cards developed by DPME. DPME will also submit Mid-Year reports concerning progress in the implementation of the Annual Performance Plans (APP’s) of Departments. This will serve as early warning systems to identify areas that are lagging behind against the targets set in the APP.

(3) The Mid-Year performance reviews on the APP’s are published on the website after approval by Cabinet.

(4)(a) The performance agreements signed by the Ministers have included the delegated functions to Deputy Ministers.

Thank You.

 

25 June 2021 - NW1470

Profile picture: Tarabella - Marchesi, Ms NI

Tarabella - Marchesi, Ms NI to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether her department has concluded any work exchange and/or employment agreements with any entity of the Republic of Cuba from the 2010-11 financial year up to the 2020-21 financial year; if not, what is the position in this regard; if so, what (a) total number of Cuban nationals (i) have been employed in each of the specified financial years and/or (ii) are due to be employed in the 2021-23 Medium-Term Expenditure Framework period, (b) are the details of the work that each of the specified Cuban nationals was and/or will be employed to perform, (c) are the details of the specific skills sets that each of the specified Cuban nationals possessed and/or will possess that South African nationals did or will not possess and (d) are the details of the total cost of employing each of the specified Cuban nationals in each case; (2) whether her department took any steps to ensure that the specific skills set of the specified Cuban nationals were and/or will not be available in the Republic amongst South African citizens; if not, in each case, why not; if so, what are the relevant details of the (a) steps taken and (b) outcomes of the steps taken in this regard?

Reply:

No. The department has not concluded work exchange and/or employment agreements with any entity of the Republic of Cuba from the 2010-11 financial year up to the 2020-21 financial year.

25 June 2021 - NW1142

Profile picture: Gumbi, Mr HS

Gumbi, Mr HS to ask the Minister of Cooperative Governance and Traditional Affairs

What is the total number of water tankers that operated in Ward 3, uMzinyathi, in the eThekwini Metropolitan Municipality in each year since 2010?

Reply:

1142 AND 1143

Financial year

Description

Project No.

YTD Actuals (at 30 April 2021)

Total per FY in

Rm

2020/21

MZINYATHI

X7533

-

 

 

ETAFULENI TOWNSHIP

X5653D

0.185

 

 

 

 

 

0.185

2019/20

Intathakusa ET & Outlet pipeline

X5028B

2.706

 

 

MZINYATHI,EMAQADINI RETICULATION

X7533

8.774

 

 

 Umzinyathi - 16 Water tankers

 

32.120

 

 

 

 

 

43.600

2018/19

Intathakusa ET & Outlet pipeline

X5028B

9.997

 

 

Etafuleni Township

X5653

0.111

 

 

Intathakusa elevated tower & outlet pipeline

X5028A

3.746

 

 

 Umzinyathi - 15 Water tankers

 

27.375

 

 

 

 

 

41.229

2017/18

Intathakusa ET & Outlet pipeline

X5028B

0.011

 

 

Mzinyathi infill project

X6540

0.001

 

 

Intuthuko infills

X4506A

-

 

 

 Umzinyathi - 12 Water tankers

 

19.710 

 

 

 

   

19.722

2016/17

 

 

 

 

 

Intathakusa ET & Outlet pipeline

X5028B

0.066

 

 

Etafuleni Township

X5653B

0.737

 

 

 Umzinyathi - 10 Water tankers

 

14.600

 

 

 

 

 

15.403

2015/16

 

 

 

 

 

INTHUTHUKO WATER INFILLS

 

0.003

 

 

Intathakusa Project

 

-

 

 

 Umzinyathi - 10 Water tankers

 

12.775 

 

 

 

 

 

12.778

2014/15

Ekukhanyeni/Mzinyathi

X3675

0.011

 

 

Intuthuko Water

X4506

0.180

 

 

Mzinyathi Baseline Survey

X5720

0.570

 

 

 

 

 

0.761

BACKGROUND INFORMATION:

It is to be noted that parliamentary question require information since 2010, however information submitted by the Ethekwini Metro is for period since 2011/12 financial year. According to the Metro, information before 2011/12 is not readily available and therefore will require more time to be extracted and submitted

25 June 2021 - NW679

Profile picture: Basson, Mr LJ

Basson, Mr LJ to ask the Minister in the Presidency

Whether (a) her Office and/or (b) any entity reporting to her makes use of private security firms; if not, what is the position in this regard; if so, in each case, what is the (i) name of each firm, (ii) purpose, (iii) value and (iv) duration of each specified contract?

Reply:

  • None of the two Entities (Brand SA and MDDA) use private security.

Thank you.

25 June 2021 - NW1285

Profile picture: Masipa, Mr NP

Masipa, Mr NP to ask the Minister of Cooperative Governance and Traditional Affairs

(1)What is the (a) extent of the commonage land in the Eastern Cape and (b) current usage of the commonage land; (2) whether the commonage land has water rights to allow farming to take place; if not, what steps will her department take to ensure that there are water rights; if so, what are the relevant details; (3) whether there are farming activities taking place on the commonage land; if not, why not; if so, what farming activities are taking place on the pieces of land; (4) whether she will furnish Mr N P Masipa with the relevant information regarding (a) land that has been invaded and (b) the action(s) that were taken regarding the situation; if not, why not; if so, by what date? NW1324E

Reply:

To redirect the question to: Department of Agriculture, Land and Rural Development

Matters relating to the commonage land and farming activities are managed and administered by the Department of Agriculture, Land Reform and Rural Development. The Honourable member is advised to re-direct the aforementioned department.

25 June 2021 - NW1091

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Opperman, Ms G to ask the Minister of Social Development

(1)What number of the 70 social service practitioners capacitated on psychosocial support are stationed in the Northern Cape; (2) what total number of active shelters for women are in the Northern Cape according to the policy on sheltering services?

Reply:

(1) Sixteen (16) Gender Based Violence Social Workers received training on psycho-social support.

The first training session was on Trauma Management and it was held on the 17-21 February 2020 and the second session was on Trauma Debriefing held on the 21-28 February 2020.

(2) The Northern Cape has six (6) functional Shelters in the Province.

NAME OF THE SHELTER DISTRICT AND TOWN

1. Ethembeni Centre, Pixley Ka Seme, De Aar

2. Colesberg Shelter, Pixley Ka Seme, Colesberg

3. Bopanang Centre, Z. M. Mgcawu, Upington

4. Prinsess Poffadder Safe House, Z. F. Mgcawu, Keimoes

5. Kimberley Shelter, Frances Baard, Kimberley

6. Bankhara Bodulong White Door, John Taolo Gaetsiwe, Kuruman

25 June 2021 - NW1149

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Spies, Ms ERJ to ask the Minister of Cooperative Governance and Traditional Affairs

(1)What steps will municipalities take to protect poor and indigent households following the 16% Eskom tariff increase; (2) whether electricity tariff subsidies will be extended to households which lost income due to job losses caused by the COVID-19 pandemic; if not, why not; if so, what are the relevant details?

Reply:

1. The Department provides support and guidance to all municipalities with regards to the provision of FBE to indigent households, through the regular monitoring of monthly FBE executive summary reports reflecting transactions for that particular month, quarterly reports reflecting a list of municipalities that are in arrears on their FBE accounts and quarterly reports reflecting details of access/collection of FBE tokens per municipality. This assists with identifying municipalities that are constantly in arrears especially in light of the annual rate increment and enable the necessary interventions to be effected. It further assists with the identification of indigent households not collecting their FBE thus not benefiting from the provision of FBE and enable the necessary interventions to be effected.

The Department works closely with Eskom (where Eskom is the licensed service provider), Provincial COGTAs and Municipalities; with the objective being to ensure that municipalities provides FBE to all qualifying indigent households receive FBE guided by the FBE Funding Agreement.

2. No, there is no specific electricity tariff subsidy to the households that lost their jobs due to Covid-19 Pandemic. However, any household that requires subsidy for basic services is required to register at the municipality for free basic services subject to them meeting the criteria utilized for eligibility to receive the subsidy.

BACKGROUND INFORMATION:

The government’s intention is to provide support to municipalities by facilitating the provision of free basic services, namely: free basic water, free basic electricity, free basic sewerage and sanitation, and free basic solid waste management services to all qualifying households/consumers. The Electricity Basic Services Support Tariff (EBSST) policy introduced by the Department of Energy prescribes that 50kWh per provided to indigent households connected to the national grid on a monthly basis. The provision of FBE is funded through the Local Government Equitable Share (LGES) which augments municipal own revenues, to assist municipalities in providing free basic services to indigent housholds.

The Department of Cooperative Governance’s (DCoG) monitoring of the provision of FBE in Eskom supply areas is based on the FBE Funding Agreement between Eskom and the respective municipalities. Eskom is a licensed service provider to provide FBE to 213 municipalities across the country. It is critical to note that the absence of signed Funding Agreements or SLAs makes it difficult for the DCoG to intervene when there are disputes, such as delays by municipalities in paying for services rendered by Eskom as well as the identification of indigent households not collecting their FBE tokens. This has a negative impact on the provision of FBE.

The current three-year contract cycle commenced on 1July 2018 and will end on 30 June 2021. The Department and Eskom are busy engaging on processes to facilitate the renewal fo the current multi-year Funding Agreement that is due to commence from 1 July 2021 and end 30 June 2024.

The increase in municipal debt and its effects has been reiterated by the Minister of Cooperative Governance and Traditional Affairs (COGTA) and has been declared as an enormous challenge that has resulted in the disconnection of electricity of some indigent households. Poor communities are the ones who are affected the most by these disconnections and are deprived of their basic needs as reflected in the National Development Plan. Municipalities with escalating outstanding are constantly encouraged by the Department, to settle their FBE debt on time to avoid disputes and disconnections. It must be emphasized that municipalities, need to equally pay Eskom for the services rendered on their behalf for the provision of FBE to indigent households within their municipal jurisdiction.

25 June 2021 - NW1572

Profile picture: Gondwe, Dr M

Gondwe, Dr M to ask the Minister of Social Development

(1)Whether, with reference to her replies to questions 696 and 697 on 23 March 2021, she will furnish Dr M M Gondwe with a breakdown of the total number of implicated public service employees in each government department; if not, why not; if so, on what date; 2) by what date will the outstanding investigations be concluded; (3) whether the SA Social Security Agency (SASSA) will be soliciting any assistance from any other government agencies in an effort to expedite the finalisation and/or conclusion of the investigations; if not, what is the position in this regard; if so, who will SASSA solicit assistance from?

Reply:

1. The following Table shows the breakdown of implicated public service employees in each government department

Name of Department

Number of employees

Agriculture And Rural Development

1

Agriculture Land Reform and Rural Development

4

Cooperative Governance And Traditional Affairs

2

Correctional Services

2

Culture Sport And Recreation

1

Economic Development Environment Conservation &Tourism

13

Education

75

Health

71

Justice And Constitutional Development

3

Offices Of The Premier

7

Police

1

Public Works

7

Public Works and Infrastructure

1

Roads And Public Works

1

SANDF

1

Social Development

5

South African National Biodiversity Institute

1

Statistics South Africa

1

Transport

45

 

2. The target date for the conclusion of the outstanding investigations is March 2022.

3. SASSA wrote to the Heads of the affected Departments on 1 April 2021. The 19 departments that have been listed in the response to question 1 have been approached to assist with the recovery of the monies that were paid and the disciplinary process.

SASSA has also elicited the assistance of the Department of Public Service and Administration.

The matter of government employees who benefitted from Covid 19 relief funds is also being investigated by the Fusion Centre.

25 June 2021 - NW1129

Profile picture: Mphithi, Mr L

Mphithi, Mr L to ask the Minister of Cooperative Governance and Traditional Affairs

What steps has her department taken to assist the Joe Gqabi District Municipality to avert the water crisis that is currently affecting the municipality?

Reply:

My department requested the Eastern Cape Provincial department to provide a detailed report in relation the water challenges raised by the honourable member. The reply will be updated with this information as it becomes available.

25 June 2021 - NW1456

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether her department has any agricultural land registered in the name of the State in the OR Tambo District Municipality in Eastern Cape; if so, (a) what number of hectares, (b) who is currently occupying the land and (c) what is it being used for?

Reply:

Yes.

a) 365.3609 hectares.

b) The Payne and Qelana communities.

c) Crops production and grazing.

25 June 2021 - NW1090

Profile picture: Opperman, Ms G

Opperman, Ms G to ask the Minister of Social Development

With reference to her department’s presentation on its Third Quarter performance to the Portfolio Committee on Social Development on 17 March 2021, and specifically that it only spent approximately 29% of its budget allocation to provinces and municipalities to date, what amount does her department owe municipalities for services?

Reply:

The National Department of Social Development does not owe money to municipalities as the Department of Public Works and Infrastructure manages the account for services on behalf of government departments.

25 June 2021 - NW499

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Abrahams, Ms ALA to ask the Minister of Social Development

What are the reasons that her department entered into a non-disclosure agreement with GovChat to support the implementation of the Early Childhood Development Employment Stimulus Relief Fund?

Reply:

The department signed an MOU with GovChat to support the implementation of the Early Childhood Development Employment Stimulus Relief Fund.

25 June 2021 - NW1538

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Social Development

(a) What total amount did each provincial department of social development return unspent to the National Treasury at the end of the 2020-21 financial year and (b) how has their underspending affected the budgets available to welfare programmes?

Reply:

Nr

Province

(a)Unspent Amount

(b) How has their underspending affected the budgets available to welfare programmes?

 

Eastern Cape

R262 293 000

The amount of effect in the Welfare programmes is that, a big quantum of the beneficiaries could not get the food relief meant to be funded by the funding referred to.

The employees in the ECD centres could not access the stimulus package meant by the conditional grant (Presidential stimulus package).

 

Free State

R 50 870 000

The Programme for Children and Families is the worst affected in that R48.432 million was not spent.

The under expenditure is mainly as a result of additional funding amounting to R38,880 million for Early Childhood Development (ECD) received late in the year (third quarter) during the adjustment budget process. The application and verification process for the stimulus package by National DSD was slow and it took longer than anticipated; as a result, the bulk of the funds were not spent. Furthermore, some ECD`s were partially paid and some not paid due to COVID-19 restrictions. A roll-over has been requested.

 

Gauteng

R438 000 000

Programme 2: Social Welfare Services

Food parcels at Anti-Retroviral Treatment (ART) clinics were not distributed as planned and the HIV Social and Behaviour change programme was not fully implemented by the end of the financial year.

Programme 3: Children & Families

Beneficiaries of Presidential ECD Employment Stimulus Relief Fund (ECD-ESRF) were not paid as the verification process took longer than anticipated. The underspending also affected the distribution of school uniform to identified learners because the production of school uniform was not finalized on time by the appointed cooperatives. In addition, the funding of ECD centres was affected by the changes of some of the municipalities by-laws.

Programme 4: Restorative Services

The underspending affected the implementation of substance abuse mobile services. Delays were caused by lockdown restriction and the Department contracted with NPOs from the third quarter after the easing of lockdown regulations.

Programme 5: Development & Research

The underspending in this programme was mainly recorded on dignity packs. Thus, the Department did not distribute the number of dignity packs planned by the end of the financial year.

Roll-over of unspent funds

The Department requested the roll-over of unspent funds from the 2020/21 to 2021/22 financial year on both equitable shares and conditional grant.

A total of R 158 586 013 was requested to be rolled over to fund the commitments as per the signed Service Level Agreement and Purchase Order created.

 

Kwazulu Natal

R97 627 000

If the rollover of R91,242 million is not approved, the Department will have no funds to pay for ECD practitioners, whose applications have been approved.

The underspending did not affect the budgets available to welfare programmes to be offered in 2021/2022 but the budget cuts of R223 million will result in limited services made available to the needy communities.

 

Limpopo

R 45 444 000

The ECD Employment Stimulus Relief Fund has its own allocation and has not affected budget for other Welfare programmes.

 

Mpumalanga

R 44 836 000

The underspending affected Early Childhood Development (ECD) programme in that not all batches of claims received from Non-Profit Organisations (NPOs) eligible and approved to benefit from the funding were not processed for payment. Roll over application request amounting to R30.495 million of the unspent funds of Presidential Employment Initiative has been made to the Provincial Treasury.

 

North West

R144 100 000

The budget available to welfare programme will be for sustenance of existing programs and projects. Expansion of services will be visible on COVID-19 relief initiatives e.g. Provision of food parcels to vulnerable households and care and services to the homeless. The rollover of R28million for stimulus package has been requested to fund ECD practitioners who applied before the end of the financial year in question

 

Northern Cape

R 53 059 000

Programme 1: R3.786 million

Programme 1 incurred a saving of R3.786 million. The Department will request a roll-over of R3.479 million for Buildings and Administration for the construction of office buildings in Daniëlskuil.

Programme 2: R3.786 million

The underspending did not have a negative effect on welfare programmes because the reason for the underspending was due to the following:

  • Resignation and death of community caregivers.
  • Two (2) NPOs rendering Social Behaviour Change programmes did not utilize all their allocated funds due to the Covid 19 pandemic, therefor the allocation of the second tranche was decreased.

 

Programme 3: R40 464 of which R39 300 million was for the Presidential Stimulus ECD Fund.

The unspent budgets did not negatively affect welfare programmes due to the following:

  • The Province was overfunded for the Presidential Stimulus Package. Any funds required in the 2021/22 financial year for the stimulus purpose will be requested as a roll over.
  • Lesser ECD centres were funded due to expired registration certificates.
  • Certain ECD centres did not submit applications for funding because they received funding from other sources
  • ECD Centres did not open and therefore submitted
  • Due to restrictions on movement during the Covid Pandemic, the process of returning children, who have been visiting friends and family, to CYCC’s, were delayed. This resulted in some of the centres not operating at full capacity for the entire financial year.

Since claims submitted are based on occupancy of the centres, the underspending of reflects this exceptional situation.

Programme 5: R5.331 million

Saving incurred due to the closure of Soup Kitchens based on Covid-19.

 

Western Cape

R5 067 000

The department was able to deliver on its services but was not able to expand their services to the extent which it planned to, due to fewer facilities than anticipated applying for funding, and because of non-compliant facilities.

25 June 2021 - NW434

Profile picture: Matiase, Mr NS

Matiase, Mr NS to ask the Minister of Agriculture, Land Reform and Rural Development

Whether her department has completed the Producer/Farmer Register for small-scale and subsistence farmers; if not, why not; if so, by what date will the specified register be made available?

Reply:

Yes.

The Department of Agriculture, Land Reform and Rural Development has completed the Producer/Farmer Register. The report will be made available by end of July 2021.

25 June 2021 - NW1318

Profile picture: Opperman, Ms G

Opperman, Ms G to ask the Minister of Social Development

(1)With reference to the presentation of the Auditor-General to the Portfolio Committee on Social Development, (a) with what amount did the debtors balance increase due to the R350 Social Relief of Distress grant overpayments and (b) what number of ineligible beneficiaries received food parcels and vouchers due to poor policies and procedures; 2. (a) what are the reasons behind the slow progress in finalising cases under investigation in the SA Social Security Agency and (b) what is the impact of the slow progress of finalising cases on consequence management; (3) what are the reasons that not all contracts were listed in the procurement plan of the National Development Agency? NW1513E

Reply:

1(a) The total amount paid to beneficiaries who were not eligible for the Special COVID-19 SRD Grant is R11 175 950.

(b) All people who received food parcels from SASSA met the broad qualifying criteria as set in the Social Assistance Act, which, under Regulation 9(2) stipulates that a person may qualify for social relief of distress “if refusal of the application may cause undue hardship…”

While some of the citizens who received a food parcel may have also been in receipt of a social grant (largely one of the child grants), this is also permitted in terms of Regulation 16A which allows for the provision of social relief of distress to a child already benefitting from a social grant, “where the prevailing economic circumstances warrants the provision of social relief of distress.”

In addition, Regulation 9(5) to the Social Assistance Act provides for the provision of social relief of distress to citizens who are affected by a declared or undeclared disaster. The COVID pandemic has been the largest declared disaster faced by this country and the number of citizens requiring assistance increased significantly during this period.

The assistance provided by SASSA was provided in accordance with the requirements of the Social Assistance Act and Regulations. However, SASSA was not the only instance providing assistance in the form of food parcels.

(2) (a) what are the reasons behind the slow progress in finalising cases under investigation in the SA Social Security Agency

The total number of exceptions that were identified by the Auditor General of South Africa (AGSA) is 67670. Most of these exceptions were mainly as a result of SASSA not having access to the databases that the AGSA had. SASSA immediately stopped payments to all the cases flagged by the AGSA.

The number of exceptions identified by the AGSA are as follows:

Table: Exceptions identified by the AGSA and action taken by SASSA

Category

Number of exceptions

SASSA action

PERSAL/ PERSOL

15711

SASSA has SASSA has commenced the process of recovering money from public servants who received the Covid 19 SRD grant. In addition SASSA has referred the implicated public servants to the relevant departments for disciplinary action.

The Fusion Centre is working with the Department of Public Service and Administration to ensure that all implicated public servants are pursued.

UIF

15069

People who benefitted from the Covid SRD grant and UIF were referred to the Fusion Centre for further investigation.

UIF-TERS

2119

People who benefitted from the Covid SRD grant and UIF were referred to the Fusion Centre for further investigation.

Social Pension

15062

SASSA has stopped payments to these cases, which mainly arose from timing differences in the validation databases that were used by SASSA and AGSA.

NSFAS

10358

SASSA has stopped payments to these cases, which mainly arose from timing differences in the validation databases that were used by SASSA and AGSA.

Internships

6562

SASSA has stopped payments to these cases, which mainly arose because SASSA did not have access to the internships databases.

Department of Agriculture vouchers

1281

SASSA has stopped payments to these cases, which mainly arose because SASSA did not have access to the Department of Agriculture database on recipients of their vouchers.

Spaza support

372

SASSA has stopped payments to these cases, which mainly arose because SASSA did not have access to the Spaza support database.

Inmates

332

SASSA has stopped payments to these cases, which mainly arose from timing differences in the validation databases that were used by SASSA and AGSA.

GEPF

312

SASSA has stopped payments to these cases, which mainly arose because SASSA did not have access to the GEPF database.

PLAS farmers

289

SASSA has stopped payments to these cases, which mainly arose from timing differences in the validation databases that were used by SASSA and AGSA.

Artists

111

SASSA has stopped payments to these cases, which mainly arose because SASSA did not have access to the Department of Arts database.

IDC Debt Relief

65

SASSA has stopped payments to these cases, which mainly arose because SASSA did not have access to the IDC database.

Sport applicants

27

SASSA has stopped payments to these cases, which mainly arose because SASSA did not have access to the Department of Arts database.

TOTAL

67670

 

SASSA has referred the suspected fraudulent cases to the Fusion Centre (which consists of the Financial Intelligence Centre, Special Investigating Unit, State Security Agency, National Prosecuting Authority, South African Police Service) for further investigation. The Fusion Centre is still busy with the investigations.

(b) what is the impact of the slow progress of finalising cases on consequence management;

It should be noted that the Covid SRD grant applications were processed electronically by matching information from various databases and systems. There is thus no consequence management that needs to be pursued on officials. However SASSA has commenced the process of recovering money paid to the implicated government employees. SASSA has in addition referred the implicated government employees to their departments for disciplinary action.

(3) With reference to the 2020-21 procurement plan, 14 (fourteen) contracts of the 19 contracts planned as per the 5th (fifth) amendment of the procurement plan were awarded by financial year end. The two contracts referred to by the Auditor-General, as not being included on the 2020-21 procurement plan, were for the Western Cape Provincial office space, and the Mpumalanga - Hazyview District office space. These contracts were extended briefly during the 2020-21 financial year, to accommodate the removal of furniture and equipment, and were then terminated, in accordance with a decision taken by management, early in the financial year, to rationalise the costs for leased premises. These contracts were however listed in the 2019-20 procurement plan, a tender for office space was issued in that financial year, and adjudicated in April 2020. It was subsequently cancelled to align with management’s decision to terminate the lease contracts for Western Cape and Mpumalanga –Hazyview, and these contracts were therefore not included in the 2020-21 procurement plan.

24 June 2021 - NW1740

Profile picture: Msimang, Prof CT

Msimang, Prof CT to ask the Minister of Justice and Correctional Services

What (a) total amount does it cost his department to keep prisoners incarcerated in each month and (b) items cost his department the most in terms of the daily running of prisons and correctional centres, apart from paying staff?

Reply:

a) The average per capita costs per month incurred by the Department during the 2020/21 financial year (unaudited figures) are as follows:

The average per capita costs projected to be spent by the Department for the 2021/22 financial year to keep inmates incarcerated monthly including and excluding CoE are as follows:

The following should be noted on the calculations of the average monthly per capita expenditure of inmates:

  • For both financial years the total number of offenders in the two Public Private Partnerships (PPP) correctional centres are 5 952. The PPP expenditure is excluded on calculations and the average monthly per capita of offenders in PPP correctional centres is indicated separately. It should be noted that the PPP Index Fee includes Compensation of Employees appointed in the two PPP correctional centres.
  • The expenditure incurred under Programme 5: Community Corrections are excluded as the whole programme deals with Parolees, Probationers, and Awaiting Trial Persons who are not incarcerated.
  • The average monthly per capita expenditure is also shown excluding Programme 1: Administration and Sub Programme Facilities under Programme 2: Incarceration. Programme 1: Administration deals with the administration and management of the whole department including PPP correctional centres and Community Corrections population. Sub Programme Facilities deals with maintenance, upgrade, and construction of correctional centres, municipal services and accommodation for state-owned buildings.
  • The most accurate average monthly per capita total cost incurred in 2020/21 financial year would be R10 890.52 including CoE and R2 946.91 excluding CoE.

b) The items from the operational budget that cost the Department most (using the threshold of R200 million per annum) apart from Compensation of Employees are as follows:

  • Property Payments item is for the payment of electricity, water and sanitation services to the various municipalities and the Department of Public Works and Infrastructure (DPWI) where relevant;
  • Agency and Support/outsourced Services item is used for the payments to the two PPP correctional centres;
  • Operating Leases item is for expenditure incurred for the accommodation charges for state buildings paid to the DPWI and the private leases for various offices;
  • Inventory: Food and Food Supplies is for the expenditure of food for inmates;
  • Fleet Services is for the payment of all running costs of government vehicles including repairs and maintenance;
  • Consumable Supplies item is for cleaning material, stationery and printing supplies, building material and supplies and IT consumables;
  • Inventory Farming Supplies is for the animal feed, farming and gardening supplements, fertilisers, and seedlings.

Expenditure Items above R200 million for 2021/22 Financial Year Projected Expenditure are as follows:

END

24 June 2021 - NW1450

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Roos, Mr AC to ask the Minister of Home Affairs

Given the continued closure of determination and retention of citizenship services in his department, (a) what number of applications for the (i) determination and (ii) retention of citizenship were (aa) received and (bb) processed in the period 1 January 2021 to 12 May 2021, (b) what mechanism is available for citizens to satisfy legally prescribed requirements to retain citizenship before assuming the citizenship of a second country, given that there is no set date for the end of lockdown to curb the COVID-19 pandemic, (c) what are the reasons that it is not possible to receive and process the specified applications via a designated email address as an emergency measure and (d) given that visas are being extended under lockdown regulations essentially waiving overstays for the affected persons until the document renewal is possible, why is the loss of citizenship not suspended until such time as the retention of citizenship service is reopened and affected parties have been afforded a reasonable time period to apply?

Reply:

(a)(i) 117 determination applications

(ii) 407 retention applications

(aa) 68 determination applications processed

(bb) 76 retention applications processed

(b) While awaiting review of the Regulations, clients are advised not to assume citizenship of another country.

(c) Original documents are critical for authentication purposes.

(d) The proposal will be considered in the review process.

END

24 June 2021 - NW1631

Profile picture: Hlengwa, Ms MD

Hlengwa, Ms MD to ask the Minister of Home Affairs

Whether his department is considering to introduce a remote working visa that enables travellers to work remotely in the Republic, a condition currently not accommodated by existing visa legislation in the Republic; if not, why not; if so, what are the further relevant details?

Reply:

Visas are administered in terms of the Immigration Act, 2002 (Act 13 of 2002) as amended read in conjunction with the Regulations promulgated under the Act. The Department is not in the process of amending the Immigration legislation to authorise the issuance of Remote working visas that would enable travellers to work remotely in the Republic

END

24 June 2021 - NW1630

Profile picture: Msimang, Prof CT

Msimang, Prof CT to ask the Minister of Home Affairs

(1)What total number of Zimbabwean (a) refugees and (b) asylum seekers fleeing their country for political reasons were issued with documentation to be in the Republic legally in (i) 2019 and (ii) 2020; (2) (a) what total number of such applications were rejected and (b) for what reasons were they rejected?

Reply:

1.

Year

Asylum Seeker

Refugee

Total

2019

1746

52

1798

2020

210

4

214

Total

1956

56

2012

 

2. (a) A total of 1561 have received a first instance rejection.

(b) The application form mostly states political grounds and atmosphere between ruling party and opposition parties. However, through interrogation and adjudication they concede on economic grounds, which do not exist under the 1951 UN Convention and the 1998 Refugee Act.

END

24 June 2021 - NW1217

Profile picture: Mathulelwa, Ms B

Mathulelwa, Ms B to ask the Minister of Home Affairs

How does he intend to improve his department’s services to the persons in Matatiele in the Eastern Cape?

Reply:

The Department agrees that there are service challenges with the Municipality of Matatiele. This has informed a recent intervention wherein a senior management team led by the Director General undertook a visit to Mataiele on 2 June 2021 and engaged with municipal officials in finding a solution. The parties have agreed to a set of interventions addressing immediate, short and long term requirements to assist the district in its economic upliftment and transformation. The immediate constraint of DHA not having access to a suitable premise to conduct its business was addressed, and agreement with the municipality has been reached for the lease of a municipal building which will be refurbished to the standards of the department. It is envisaged that a full service live capture Medium Office affording the people of Matatiele and its surrounds with a modernised system to accept and process Smart ID Card applications should be operational by January 2022. For the interim the department is considering deployment of one of its Mobile Trucks for a week at a time to address the immediate demand for services.

The long-term solution entails the building of a fit for purpose DHA office in Matatiele and to this end a building has been identified by both the Municipality and DHA for the relocation of the offices.

END

24 June 2021 - NW1304

Profile picture: Masango, Ms B

Masango, Ms B to ask the Minister of Home Affairs

What (a) total number of children were (i) registered and (ii) received birth certificates in the Republic in each year in the period 1 January 2011 to 31 December 2021, (b) is the breakdown for each province in each year in the specified period?

Reply:

(a)(i)(ii) The department maintains and reports its performance per financial year. The total number of children that were registered within 30 days of birth and issued with birth certificates for the period of 2011/2012 to 2020/2021 financial years is 7 133 885. However, the total number of all births i.e. inclusive of late registration of birth (births registered for persons 31 days and above) is 10 862 086.

b) Provincial breakdown of children that were registered within 30 days of birth and issued with birth certificates for the period of 2011/2012 to 2020/2021 financial years

PROVINCE

2011/2012

2012/2013

2013/2014

2014/2015

2015/2016

2016/2017

2017/2018

2018/2019

2019/2020

2020/2021

Grand total

EASTERN CAPE

70123

68633

81634

88334

83959

86206

89695

95925

97704

78340

840553

FREE STATE

37712

38290

43749

42990

41902

42342

43706

45856

45432

40666

422645

GAUTENG

142502

146856

160228

164002

163236

173736

177687

188921

191363

170075

1678606

KWAZULU-NATAL

98170

101423

106049

119233

119961

128358

132174

141553

156588

136490

1239999

LIMPOPO

58134

67399

79658

88351

92514

100987

106295

113217

120636

118007

945198

MPUMALANGA

29703

38973

44839

53659

55712

60338

63700

66842

69534

69866

553166

NORTH WEST

32515

35598

38129

45404

21136

50104

52613

53841

54443

48139

431922

NORTHERN CAPE

15582

17484

20010

21578

45179

21146

21348

22494

21906

19736

226463

WESTERN CAPE

66964

73190

76383

80976

79887

81973

84817

88049

87647

69768

789654

HEAD OFFICE

5357

26

3

0

279

14

0

0

0

0

5679

TOTAL

556762

587872

650682

704527

703765

745204

772035

816698

845253

751087

7133885

END

24 June 2021 - NW1347

Profile picture: Graham, Ms SJ

Graham, Ms SJ to ask the Minister of Employment and Labour

(1)In light of the fact that under the Occupational Health and Safety Act, Act 85 of 1993, regulations were promulgated in 2010, and a second set of regulations were drafted for public comment in 2020 to regulate diving, (a) what total number of commercial diving schools are currently registered nationally, (b) where are the schools situated and (c) how often is the Chief Inspector required to visit a diving school in order to ensure that it remains in compliance with the regulations for a registered diving school; (2) whether any diving schools have had their registration revoked for non-compliance since the publication of the first regulations in 2010; if not, what is the position in this regard; if so, (a) which schools, (b) on what date were they revoked and (c) have they been re-registered; (3) whether any schools have reported serious incidents that occurred during the training of divers; if not, what is the position in this regard; if so, what are the relevant details, including action that was taken by the school and the Chief Inspector; (4) whether any diving schools are under investigation for non-compliance; if not, what is the position in this regard; if so, what are the relevant details, including the names of the schools, the non-compliant areas, and what is being done to address the non-compliance?

Reply:

Question1:

The first set of diving regulations were promulgated in 2001 and these were followed by the diving regulations which were promulgated in 2010. Currently, the draft commercial diving regulations are undergoing processes following the incorporation of public comments.

(a) & (b) Registered diving schools

Name of the Diving School

Approval level

Location

Professional Diving Centre

Classes 4 to 1

Durban

BS Divers

Classes 4 to 2

Hermanus (WC)

Sea Dog

Classes 4 to 2

Saldanha (WC)

Jack’s Dive Chest

Classes 4 to 2

Strand (WC)

University of Cape Town

Classes 6 to 4

Cape Town

Nelson Mandela Metro University

Classes 6 to 4

Cape Town

South Africa Police Services Academy

Class 4

Pretoria

South African Association for Marine Biological Research

Class 4

Durban

c) There is no prescribed frequency for the Diving Inspectors to conduct inspections at the approved diving schools. Pro-active inspections are planned as part of the normal Inspection Plan.

Some of the inspections are triggered by the Diving Notifications received from schools when they conduct practical training as such training is deemed diving work.

Question 2

There are no Diving Schools that had their registration revoked. When Diving Inspectors conduct inspections and if they find non-compliances at the schools, they issue notices (legal instruments) in terms of section 30 of the Occupational Health and Safety Act. There are 3 types of notices that could be issued (individually or jointly) when there is non-compliance, namely;

a) Prohibition notice – when there is an act or process that threatens the health and safety of any person. The employer must immediately stop the operation or the process. The inspector may revoke the prohibition in writing if the threatening situation has been corrected to the satisfaction of the inspector.

b) Contravention notice – when there is a contravention of any regulation.

c) Improvement notice – when an inspector requires an improvement on certain activities or tasks that the employer has already implemented in the workplace.

The employer may appeal a notice and will be given 60 days should he/she wishes to appeal the content of the notice issued.

If the employer fails to comply with the notices issued, a prosecution will be recommended to the NPA. Where a Diving School was issued with a notice, the school did comply with the notice(s) issued.

Question 3

There were two fatalities in training since the promulgation of the Diving Regulations in 2010.

a) The first fatality happened at BS Divers on 06 April 2015. The preliminary investigation was conducted on the 08 April 2015 and section 31 investigation was conducted on the 7 May 2015. The investigation revealed that the divers were learners at the school, but the activity that they were undertaking was outside the scope of the school curriculum. The divers used free flow diving method as they were moving the jackstays underwater and one of the diver’s rope became entangled to his weight belt, causing him to drown. Diving without the use of diving apparatus, is outside the scope of the Diving Regulations.

Even though the divers were conducting this activity outside the scope of training of the school, the school still had the responsibility in terms of section 9(1) of the OHS Act to ensure that all learners are safe because the learners were within their premises and therefore, the school had a responsibility towards these divers in training. Contravention notices were issued for the school to improve their risk assessment for free-diving and to update their sea bed search method and to introduce measures to prevent the shot line from becoming entangled. The school complied with the notices issued.

b) The second fatality happened at Jack’s Dive Chest on 22 January 2020. The learners were at the Blue Rock Quarry performing a practical diving exercise on the emergency procedures and the recovery of an unconscious diver. Two divers were paired together to perform the exercise. The deceased diver swam from the wet bell to the worksite and was supposed to pretend to be unconscious so that the other diver can go and rescue him. When the deceased failed to respond to all the communication signals sent to him, the diver who remained in the wet bell, was instructed by the supervisor to go and rescue the deceased. The deceased was found unconscious and the other diver swam while holding him on the surface. The deceased was declared dead on the scene by the paramedics.

The preliminary investigation was conducted on 23 January 2020. During the investigation, a contravention and a prohibition notice were served to the employer. The section 31 investigation was conducted on 16 September and 09 November 2020. The delay was caused by the lock down for COVID-19. Once the investigation was finalized, a report was prepared and the matter was referred to the National Prosecution Authority on the 26 February 2021.

Question 4

Currently, there is no school that is under investigation for non-compliance. Inspectors do conduct inspections at the diving schools regularly to enforce compliance in terms of the Act and the regulations.

24 June 2021 - NW1627

Profile picture: Nxumalo, Mr MN

Nxumalo, Mr MN to ask the Minister of Employment and Labour

Whether his department is considering implementing programmes to equip recent graduates with support to enter the COVID-19 job market, considering the changing prospects of new job seekers who graduated during the pandemic; if not, why not; if so, how has his department intervened in the fight against increasing youth unemployment at a time when some companies are shutting down?

Reply:

Yes, we are implementing programmes to equip recent graduates, other youth and people who have lost employment to re-enter the labour market under the current Covid-19 environment. The Department through its various entities, the Unemployment Insurance Fund (UIF), the Compensation for Occupational and Injuries and Diseases Fund (Coida), Public Employment Services (PES), Commission for Conciliation Mediation and Arbitration (CCMA), as well as Productivity (SA), all have programmes that are assisting these affected groups to enter the labour market.

Through the more than 126 labour centres the Department, daily provides assistance to work seekers to access the labour market. Work seekers, can register on the Employment Services System of South Africa (ESSA), and get access to many job and training opportunities that are posted by prospective employers.

The Department helps them to compile CV’s and also provides employment advise and were necessary even counselling from trained psychologists employed by the Department. They provide valuable life skills advise, psychometric assessments and career interest assessments.

During the period ending 31 March 2021, the Department registered 938,505 work seekers, provided counselling to 246,454 work seekers and was able to place 37,193 work seekers into employment or training opportunities. This is in addition to the 169,717 job opportunities, created through the stimulus packages that was made available by the Treasury to various government Departments.

24 June 2021 - NW1508

Profile picture: Cebekhulu, Inkosi RN

Cebekhulu, Inkosi RN to ask the Minister of State Security

Whether her department has taken any steps to ensure that the cybersecurity of the Republic is not compromised in the wake of the COVID-19 pandemic during which there had been a worldwide rise in cybercrimes and ransom attacks; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

The SSA through its National Communications provides the following as measures and steps to ensure that Information and Communications Technology (ICT) Security or cyber security in organs of state is maintained.

Provision of ICT Security Solutions and services to organs of state for protecting and securing electronic systems:

Rendering periodic and on-demand Information Assurance services and continuous monitoring services to clients and identified Critical Information Infrastructure:

    • Conducting technical Vulnerability and Risk assessments to identify and report on common critical vulnerabilities affecting Organs of state.
    • Continuous monitoring of ICT Security network infrastructures and systems of Organs of state in order to provide proactive alerts and warnings that help to protect the systems before harm.
    • Provision of Incident response to compromised systems of organs of state to mitigate risks and deploy measures to avoid recurrence of ICT security and Cyber-attacks and incidents.
    • Provision of cyber security awareness.

SSA National Communications is also busy with the review of the Cyber Security Strategy to improve the security and resilience of national infrastructures and services. The strategy establishes a range of national objectives and priorities that should be achieved in a specific timeframe.

The review/finalisation of the Cybercrimes and Cybersecurity Bill:

  • to define offences and impose penalties that have a bearing on cybercrime
  • to criminalise the distribution of data messages that are harmful
  • to provide for interim protection order
  • to further regulate jurisdiction in respect of cybercrimes
  • to further regulate the powers to investigate cybercrimes
  • to further regulate aspects relating to mutual assistance in respect of the investigation of cybercrime
  • to provide for the establishment of a 24/7 Point of Contact
  • to further provide for the proof of certain facts by affidavit
  • to impose obligations on electronic communications service providers and financial institutions to assist in the investigation of cybercrimes
  • to report cybercrimes
  • to provide for the establishment of structures to promote cybersecurity and capacity building
  • to regulate the identification and declaration of critical information infrastructures and measures to protect critical information infrastructures
  • to provide that the Executive may enter into agreements with foreign States to promote cybersecurity
  • to delete and amend provisions of certain laws
  • to provide for matters connected therewith.

24 June 2021 - NW1698

Profile picture: Cardo, Dr MJ

Cardo, Dr MJ to ask the Minister of Employment and Labour

With regard to the extension of the Temporary Employer/Employee Relief Scheme benefit of the Unemployment Insurance Fund for the periods (a) 15 October 2020 to 31 December 2020 and (b) 1 January 2021 to 15 March 2021, what number of (i) applications were received from enterprises in the (aa) tourism, (bb) liquor, (cc) hospitality, (dd) conferencing-events sectors and (ee) any other business in related value chains, (ii) applications were rejected on the grounds of incorrect Standard Industry Classification Codes and (iii) the rejected applications were overturned on appeal?

Reply:

a) 15 October 2020 to 31 December 2020

 

Application received

Applications were rejected on the grounds of incorrect Standard Industry Classification Codes

Rejected applications were overturned on appeal?

Tourism

No data showing this category

No data showing this category

9

Liquor

12655

440

14

Hospitality

16332

686

290

Conferencing-events sectors

28987

No data showing this category

50

Any other business in related value chains,

No data showing this category

11549

5

b)

1 January 2021 to 15 March 2021

 

Application received

Applications were rejected on the grounds of incorrect Standard Industry Classification Codes

Rejected applications were overturned on appeal?

Tourism

No data showing this category

No data showing this category

6

Liquor

6222

62

9

Hospitality

10701

124

239

Conferencing-events sectors

No data showing this category

No data showing this category

39

Any other business in related value chains

16923

1420

7

24 June 2021 - NW1427

Profile picture: Graham, Ms SJ

Graham, Ms SJ to ask the Minister of Justice and Correctional Services

(1)Whether his department has embarked on a learnership programme for the 2021-22 financial year; if not, will his department hold the learnership programme in abeyance until all existing trainees have been absorbed; if so, (a) what number of learners are enrolled and (b) what steps will be taken to ensure that these learners are absorbed into his department when they qualify, (2) whether the unsuccessful candidates who are not going to be absorbed will be advised personally; if not, why not; if so, what are the relevant details; (3) whether the unsuccessful candidates will be removed from the persal system so that they can pursue alternative employment; if not, why not; if so, by what date will they be removed?

Reply:

(1) No, the Department of Correctional Services has not yet embarked on the 2021/22 Learnership Programme. The enrolment will be determined by the human resource needs and the availability of funds. The absorption of learners who have completed their learnership is not a determining factor for the enrolment of the next group of learners on the programme. The aim of the programme is to provide training and skills development opportunities to the youth preparing them for the labour market.

(1)(a) None

(1)(b) Not applicable

(2) No, the learnership programme is a 12 month development programme and not an employment contract, in the case of group 1 of 2019/20 the contract was extended as the programme was suspended for two months during the lockdown levels 5 and 4. The programme came to an end on 31 December 2020.

(3) Yes, their contract appointment on the PERSAL system is created in such a way that, when the contract end date is reached, the learner is automatically removed from the PERSAL system enabling them to pursue alternative employment.

END

24 June 2021 - NW1625

Profile picture: Luthuli, Mr BN

Luthuli, Mr BN to ask the Minister of Home Affairs

(1)Whether, given the current levels of illegal immigration into the Republic, the Government have an estimate of the total number of undocumented immigrants who are in the Republic; if not, what is the position in this regard; if so, what is the total breakdown by nationality; (2) whether his department has any plans in the medium term to enforce immigration legislation by deporting illegal immigrants; if not, why not; if so, what are the relevant details?

Reply:

1. The government does not have a precise number of the number of undocumented immigrants in Republic due to the clandestine nature of the act of being here illegally. A number of persons entered without being recorded on any system and live here as unrecorded. It is only when they are detected or their presence is noted that we are able to have figures. The number of undocumented migrants that were deported in 2019/20 was 29376 with the nationality breakdown as follows:

Mozambique

13834

Pakistan

32

Burundi

15

Bolivia

6

Zimbabwe

5790

Zambia

31

Ethiopia

13

Algeria

3

Malawi

4277

China

29

Botswana

11

Cape Verde

3

Lesotho

3963

India

29

Cameroon

11

Senegal

3

Tanzania

517

Bangladesh

26

Thailand

11

Bulgaria

2

Eswatini

314

Ghana

25

Brazil

10

Guyana

2

Nigeria

176

Angola

22

Congo-Brazzaville

10

Iraq

2

DRC

87

Kenya

21

Somalia

8

Sri Lanka

2

Uganda

50

Namibia

19

Egypt

7

UK

2

Spain

1

Saudi Arabia

1

Saint Vincent

1

Peru

1

Venezuela

2

Cuba

1

Gabon

1

Morocco

1

Cote d’Voire

1

Ecuador

1

Israel

1

Palestine

1

and in 2020/21 deportations dropped with the onset of the Covid pandemic and stood at 14859 the breakdown as follows:

Lesotho

5769

Kenya

5

Zimbabwe

3226

UK

4

Mozambique

2714

Botswana

3

Malawi

2019

China

3

Eswatini

622

Thailand

3

Tanzania

236

Cameroon

2

Nigeria

59

Guinea

2

DRC

51

Paraguay

2

Namibia

24

Philippines

2

Angola

23

Argentina

1

Burundi

19

Bolivia

1

Brazil

13

Bulgaria

1

Uganda

9

Germany

1

Zambia

8

Guyana

1

   

Pakistan

1

   

Seychelles

1

   

Sierra Leone

1

   

USA

1

2. The department is mandated by legislation to enforce immigration act and deport illegal immigrants. This activity continues unabated as reflected in response to question 1 above.

END

24 June 2021 - NW1525

Profile picture: Ngcobo, Mr S

Ngcobo, Mr S to ask the Minister of Employment and Labour

With regard to the Inter-Ministerial Committee co-chaired by him and the Minister of Home Affairs established in 2020, what measures have been put in place to effectively deal with issues of migration and labour since the inception of the specified committee?

Reply:

Since the establishment of the Inter-Ministerial Committee on Migration and Labour we have put a number of measures that include the following:

  • Establishment of a Technical Committee of Directors General that supports member Ministers on migration cross cutting measures that may be short, medium and long term that must be implemented to address various identified challenges.
  • Developed a detailed discussion document that identified various Constitutional and existing Legislation and Regulations, Southern African Development Community and African Union instruments and protocols, Global Migration Treaties and Conventions, Courts judgements in relation to migration cases that we must always be mindful off and Legal opinions.
  • We continue to implement short term measures that include, improvements in border management, joint enforcement and inspections on the roads and employment premises.
  • We have established a National and Provincial Trucking, Logistics and Road Freight Forums that brought all stakeholders within the sector together to address the torching and looting of trucks, presence of foreign drivers and collective bargaining within the sector.
  • The Action Plans developed, details measures that each Department is initiating in the areas of Statistics and projection of foreign nationals in the country, criminal and security measures, justice, human rights, social development, trade and bilateral agreements, agriculture etc.
  • The Medium and long term measures include policy harmonization and development where there are gaps. The Department of Employment and Labour has developed a Draft National Labour Migration Policy and Draft proposed Employment Services Amendment Bill aligned to the policy that I will release as soon as I have completed internal government processes. The Department of Home Affairs is also reviewing the Immigration Act in its entirety.
  • We have also established Committees that are assisting us to address other urgent matters relating to migration such as processing of Applications for Waivers of the current Immigration Act provisions, Work Visa applications by foreign nationals or corporates.
  • We have made Submissions to brief Cabinet on the activities of the IMC.

24 June 2021 - NW1696

Profile picture: Cardo, Dr MJ

Cardo, Dr MJ to ask the Minister of Employment and Labour

Whether the National Economic Development and Labour Council has commissioned any external service providers regarding the review of its statutes and protocols by the Governance Task Team; if not, what is the position in this regard; if so, (a) what is the name of the entity that was commissioned, (b) at what cost and (c) what recommendations were made?

Reply:

The Governance Task Team at Nedlac agreed to conduct a study on how Nedlac can become fit for purpose. The study did not specifically focus on reviewing the statutes and protocols of Nedlac.

a) The Mapungubwe Institute for Strategic Reflection (MISTRA) in partnership with the International Labour Organisation (ILO)

b) The cost of the study is R1 206 510. The study has been funded by the ILO and Yellowwoods Foundation

c) A number of recommendations have been made by the service providers which are yet to be considered by the governance structures of Nedlac. Once the recommendations are confirmed, they will be reported on to Parliament.

24 June 2021 - NW1501

Profile picture: Ngcobo, Mr S

Ngcobo, Mr S to ask the Minister of Employment and Labour

(1)Whether, given the proliferation of e-hailing services, their extension into food deliveries, and in light of the developments on the regulation of these services in other jurisdictions, the Government intends to regulate e-hailing services to give the drivers legal protection as employees with benefits; if not, what is the position in this regard; if so, what are the specifics and estimated timelines; (2) whether, in light of the increasing youth unemployment rate which currently stands at more than 50%, the Government has any plans to reserve the employment of drivers for e-hailing services for South Africans; if not, why not; if so, what are the relevant details; (3) whether the Government has put any safeguards in place to protect drivers in the e-hailing services from exploitation by owners of vehicles; if not, why not; if so, what are the further relevant details?

Reply:

1. NEDLAC social partners are currently dealing with matters that are affecting e-hailing services workers the labour market will be informed as soon as this process is complete.

The Labour Relations Act of 1995 and the Basic Conditions of Employment Act of 1997 deal with the presumption of who is an employee. According to the two legislations, a person is presumed to be an employee if they are able to establish that one of seven listed factors in section 200A of the LRA and section 83A of the BCEA is present in their relationship with a person for whom they work or to whom they render services.

The presumption comes into operation if the applicant establishes that one of the following seven factors is present:

  • the manner in which the person works is subject to the control or direction of another person;
  • the person's hours of work are subject to the control or direction of another person;
  • in the case of a person who works for an organisation, the person forms part of that organisation;
  • the person has worked for that other person for an average of at least 40 hours per month over the last three months;
  • the person is economically dependent on the other person for whom he or she works or renders services; and
  • the person is provided with the tools of trade or work equipment by the other person; 'the person only works for or renders services to one person.

The presumption applies regardless of the form of the contract entered into. The issue of the applicant's employment status cannot be determined merely by reference to either the applicant's obligations as stipulated in the contract or a 'label' attached to the relationship in a contract. Therefore, a statement in a contract that the applicant is not an employee or is an independent contractor is not a conclusive proof of the status of the applicant.

Any person believing that is an employee based on one of the presumption of who is an employee and feels that his employment rights were violated is free to approach the CCMA for help.

2. The Department, has been working closely with the International Labour Organisation in the commissioning and development of a National Labour Migration Policy. One of the recommendations emerging from a range of proposals, is the concept of introducing complete prohibitions or quarters on the number of foreign nationals that can be employed in any sector and this may include e-hailing transport. This will be in line with Section 36 of our Constitution to justify fair discrimination against foreign nationals as part of our efforts to address local high unemployment levels and to uphold existing minimum labour standards. I will release the Draft Policy and the proposed amendments for public discussion and consultation with the social partners as soon as internal government processes are completed.

3. Honourable Mr Ngcobo, as I have alluded to the fact that NEDLAC social partners are already dealing with the matter of e-hailing service workers, let us allow NEDLAC time to deal with the issues and at the right time, the labour market will be kept abreast on the developments.

24 June 2021 - NW1429

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Graham, Ms SJ to ask the Minister of Home Affairs

(1)What plans does his department have for the Graaff-Reinet office in the Dr Beyers Naude Local Municipality to provide services that are not currently reaching all the residents in order to (a) issue (i) identity cards and (ii) birth certificates and (b) provide other additional services to the towns of (i) Aberdeen, (ii) Steytlerville, (iii) Jansensville, (iv) Klipplaat, (v) Rietbron and (vi) Willowmore; (2) how often is it envisaged that his department will visit the specified towns in the period leading to the local government elections in October 2021; (3) whether his department intends to draft a programme for servicing the towns; if not, what is the position in this regard; if so, by what date will the programme be in place; (4) whether his department will advertise its programme for servicing the towns timeously; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. (a)(i)(b)(i),(ii)(iii)(iv)(v)(vi)

The above-mentioned far flung areas are visited on a monthly basis by the Office to provide Services-on-wheels. There is a Monthly Program in place. More, recently, Jansenville and Klipplaat were visited by the Mobile Solution Unit on 17 and 18 May 2021, respectively, to provide services to the community and the learners.

2. The above-mentioned areas will be visited on a monthly basis to provide services leading to the local government elections in October 2021.

3. There is a Monthly Program in place, and it is communicated to the Local Municipal leader / active members in the Home Affairs / Municipal Stakeholder Forum that are assisting the communities, and Community Development Workers (CDWs) when the Department visits the areas

4. The programmes and visits are communicated, timeously, to all role players.

END

24 June 2021 - NW1343

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Roos, Mr AC to ask the Minister of Home Affairs

What was the (a) closing balance of contingent liabilities against his department, (b) total rand amount of legal fees paid by his department and (c) total rand amount of cost orders against his department for the 2020-21 financial year?

Reply:

a) The unaudited closing balance for contingent liabilities as at 31 March 2021 for the Department of Home Affairs is R1 930 321 440.36 (compared to R2 189, 283 as at 31 March 2020). Please note the 2020/21 figure is unaudited and subject to change, which change may not be that significant.

b) The total amount of legal fees paid by the Department of Home Affairs during the 2020/21 financial year is R38, 512 million (compared to R75, 162 million as at 31 March 2020). Please note the 2020/21 figure is unaudited and subject to change.

c) As indicated above, the Department paid R38, 512 million in legal fees, however, this amount includes fees for both matters that the Department succeeded (costs of Department’s Counsels to represent the Department) as well as unsuccessful matters.

It must be noted that the State Attorney pays legal fees on behalf of the Department and the Department in turn reimburses the State Attorneys. Invoices received from the State Attorney’s office are received in bulk and the State Attorneys do separate costs for successful and unsuccessful matters when sending invoices.

END

24 June 2021 - NW1610

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

With regard to the concessionaire funding model for the One Stop Border Posts operating on a user pay principle, what regulation mechanism will be put in place to regulate the concessionaire tariffs to ensure that a private concessionaire cannot charge whatever they want?

Reply:

The annual tariff escalation will be done strictly on the basis of what was negotiated and agreed to between the DHA and the private concessionaire. The agreed principle will then be provided for in the concession agreement as the sole basis of escalating the tariffs.  

For example, the concession agreement may stipulate that the annual tariff escalation will be linked to inflation, as calculated by StatsSA. Once this is agreed to, it becomes the only way that the concessionaire can escalate the tariffs.

END

24 June 2021 - NW1611

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

In light of the fact that his department extended the contract of VFS Global to administer the issuing of visas in December 2018 until December 2020 and then further extended the contract, and given that the extensions were on the basis that the development of internal capacity will be expedited, what is the status (a) on the establishment of the Central Adjudication Hub and (b) of the model and the associated bid process?

Reply:

The Service Level Agreement with the VFS global company to provide visa front desk services has been extended until 31 December 2022. (a) The eVisa pilot process has been concluded and rollout is envisaged to commence in the second quarter of this financial year 2021/22 for short-term visitor’s visa applications. The eVisa adjudication hub has been identified and the staff for the eVisa adjudication hub are currently in their final stages of training. (b) the Public-Private Partnership process is underway. The Department consulted with the National Treasury and the Department was advised to recruit a Transactional Advisor and Project Manager to lead the process and ensure that activities and timelines are adhered to. The Department is currently busy with the Supply Chain processes for the appointment of the Transactional Advisor and Project Manager.

END

24 June 2021 - NW1348

Profile picture: Selfe, Mr J

Selfe, Mr J to ask the Minister of Justice and Correctional Services

(1)Whether (aa) certain person (details furnished) and (bb) certain person (details furnished) who were sentenced to 25 years plus 15 years for murder and robbery with aggravating circumstances in Kroonstad in 2003 were recently paroled; if not, what is the position in this regard; if so, (a) on what date, (b) what factors were taken into account when deciding to release them on parole and (c) what are the conditions on which they were released; (2) whether either of them has subsequently appeared in court in connection with committing an offence; if not, what is the position in this regard; if so, (a) on what date, (b) at which location, (c) what offence(s) are they charged with and (d) have they been granted

Reply:

(1)(aa) Yes, the mentioned offender was placed on parole.

(1)(aa)(a) He was placed on parole on 1 November.2019 to 24 April 2040.

(1)(aa)(b) He was placed on parole after completion of 1/3 of his sentence. The offender benefited from the Phaahla judgment since he was sentenced after 1 October 2004 for offences committed in June 2003. This meant that he qualified to be considered for parole after serving a 1/3 instead of ½ of his sentence as this was the parole policy applicable at the time of commission of the offences. He was considered for placement after attending relevant programmes. The placement on parole was subject to placement conditions until expiry of his sentence. The CSPB further considered amongst others the following factors:

  • the completion of the legislatively required minimum detention period;
  • proof of a monitorable and appropriate support system;
  • positive report on conduct and behaviour (including relevant interventions and programmes where applicable);
  • proof that rehabilitation/ development took place;
  • risk posed to the community/ victim; and
    • acceptance of the conditions for placement by the offender.

(1)(aa)(c) The Offender was inter alia subjected to the following parole conditions in line with section 52 of Correctional Services Act, 1998 (Act 111of 1998):

  • house detention;
  • does community service;
  • seeks employment;
  • where possible takes up and remains in employment;
  • restricted to one magisterial district;
  • lives at a fixed address;
  • refrains from using alcohol or illegal drugs;
  • refrains from committing a criminal offence;
  • is subject to monitoring;

(1)(bb) Yes, the mentioned offender was placed on parole.

(1)(bb)(a) He was placed on parole on 20 September.2019 to 24 April.2040.

(1)(bb)(b) He was placed on parole by the CSPB after completion of 1/3 of his sentence. The offender benefited from the Phaahla judgment since he was sentenced after 1 October 2004 for offences committed in June 2003. This meant that he qualified for consideration after serving a 1/3 instead of ½ of his sentence as this was the parole policy applicable at the time of commission of the offences. He was considered by the CSPB after attending relevant programmes and was placed on parole subject to placement conditions which he had to comply with until expiry of his sentence. The CSPB further considered the following factors, among others:

  • the completion of the legislatively required minimum detention period;
  • proof of a monitorable and appropriate support system;
  • positive report on conduct and behaviour (including relevant interventions and programmes where applicable);
  • proof that rehabilitation/ development took place;
  • risk posed to the community/ victim; and
  • acceptance of the conditions for placement.

(1)(bb)(c) The offender was among others subjected to the following parole conditions in line with section 52 of Correctional Services Act, 1998 (Act 111of 1998):

  • house detention;
  • does community service;
  • seeks employment;
  • where possible takes up and remains in employment;
  • is restricted to one magisterial district;
  • lives at a fixed address;
  • refrains from using alcohol or illegal drugs;
  • refrains from committing a criminal offence;
  • is subject to monitoring;

(2) Yes,

(2)(a) The offender mentioned in part (aa) appeared in court on 12 May 2021.

(2)(b) He appeared at the Frankfort District Court.

(2)(c) He is alleged to have committed robbery with aggravating circumstances.

(2)(d) Bail has not been fixed.

 

END.

24 June 2021 - NW1388

Profile picture: Tambo, Mr S

Tambo, Mr S to ask the Minister of Home Affairs

What safety measures has he put in place to guarantee the safety of citizens at the Local Government Election polls in October this year?

Reply:

The question was referred to the Electoral Commission which has responded as follows:

The Electoral Commission in consultation with the National Party Liaison Committee (NPLC) has agreed on a voting station COVID protocol which, inter alia, provides the following measures:

a) The mandatory wearing of masks within the perimeter of the voting stations

b) Enforcement of social distancing on queues at the voting stations

c) Mandatory sanitizing of hands at entrance and exit of voting station

d) Encouraging voters to bring own pens to the voting stations even though pens will be provided and sanitised.

e) Where the size of the voting station is small, allowing a single party agent per party

f) Providing Personal Protection Equipment for voting officials at all voting stations and during home visit special votes.

Additional measures are currently being discussed within the auspices of the NPLC. Once a common view emerges and budget permitting these measures will be presented to the Commission for consideration and possible approval.

END