Questions and Replies

Reply:

The Minister of Public Works and Infrastructure:

I have been informed by the Department that it is in a process of appointing an Independent Service Provider to assist with reclaiming, identification an audit of state-owned properties that are either illegally disposed of, unlawfully occupied, encroached, unregistered, unsurveyed and incorrectly vested.

Corrective measures shall be undertaken to evict illegal occupants and where possible regularise lease contracts with individuals who are qualifying to use the subject properties. The project would also include the reversal of illegally transferred land back to the custodianship of the National Government of the Republic of South Africa.

In addition to the above, the Department will also embark on the letting out of unutilised state- owned immovable assets to interested investors and communities.

Continuous safe guarding of land and active engagements with Courts to obtain eviction orders is also another measure which the Department is using to reclaim illegally occupied properties.

 

Reply:

The Department of Agriculture, Land Reform and Rural Development (DALRRD) made available (in the 2021/22 financial year) R1.5 billion through the Comprehensive Agricultural Support Programme (CASP) and R597million through Ilima/Letsema conditional grants to ensure sustainable production and support to smallholder farmers. This support is in the form of on and off farm infrastructure, production inputs, mechanization, training and mentorship, South African Good Agricultural Practices (SA GAP) certification and livestock improvement through Kaonafatso ya Dikgomo (KyD) scheme. Through CASP, 4 524 jobs are expected to be created from 437 projects targeted benefiting 7728 black farmers, of which 4 633 are smallholder, 2901 subsistence and 194 commercial farmers. Through Ilima/Letsema, 13 567 jobs are targeted from putting 90 998ha under production supporting 29 659 farmers of which 24 125 are subsistence, 5279 smallholder and 255 commercial farmers. These targeted supports are implemented through Provincial Departments of Agriculture and monitored and verified by the DALRRD.

Reply:

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Reply:

1. (a) Yes. Please refer to Tables 1 and 2 below for medical and/or vaccine products currently available for sale but excluding the total number of doses available for immediate sale. OBP is unable to disclose the number of doses without compromising its competitive advantage and exposing its business to market competitors and giving them a potentially unfair advantage.

Table 1: PRODUCT AVAILABLE IN DISTRIBUTION AND READY FOR SALE		Table 2: PRODUCT AVAILABLE AND READY TO BE PACKED
PRODUCT NAME	AVAILABLE		PRODUCT NAME	AVAILABLE
ANTHRAX 100ml	Yes		RIFT VALLEY FEVER LIVE 100ml	Yes
BLACK QUARTER 100ml	Yes		HORSE SICKNESS 12 DOSE PACK	Yes
BLUE TONGUE 100ml	Yes		LUMPY SKIN DISEASE 50DOS	Yes
BOTULISM 100ml	Yes		WESSELSBRON DISEASE 1ml	Yes
BOTULISM 50ml	Yes		RIFT VALLEY FEVER LIVE 50ML	Yes
BRUCELLA CFT ANTIGEN 20ml	Yes		GASGANGRINE COMPLEX	Yes
BRUCELLA MRT ANTIGEN 20ml	Yes		BLUE TONGUE A-FinQC	Yes
BRUCELLA RB ANTIGEN 20ml	Yes		PASTEURELLA (CATTLE) 100ML	Yes
BRUCELLA REV 1 100ml 50D	Yes		BLUE TONGUE C-FinQC	Yes
BRUCELLA STD SERUM 1ml	Yes		BOTULISM/BLACK QUARTER	Yes
CALF PARATYPHOID INACT 12x10ml	Yes		BLACK QUARTER 100ml	Yes
ELEPHANT SKIN DISEASE 10ml	Yes		CALF PARATYPHOID INACT 10ml	Yes
GASGANGRINE COMPLEX 100 ML	Yes		BRUCELLA REV 1 100ml Dos 50	Yes
HORSE SICKNESS 12 DOSE PACK	Yes		BOTULISM 100ml	Yes
LEUKOPAST 3 (CATTLE) 100ml	Yes		GLYCERINE WATER	Yes
LUMPY SKIN DISEASE 100ML 50DOS	Yes		RIFT VALLEY FEVER INACT 100ml	Yes
LUMPY SKIN DISEASE 50ML 25DOS	Yes		BOTULISM 50ml	Yes
PASTEURELLA (CATTLE) 100ml50do	Yes		B-PHEMERAL VACCINE 10 DOSE	Yes
PASTEURELLA (SHEEP) 100ml	Yes		SWELLED HEAD 100ml	Yes
PULPY KIDNEY (ALUM) 100ml	Yes		LEUKOPAST 3 (CATTLE) 100ml	Yes
REDWATER AFRICA 5ml	Yes		BRUCELLA MRT ANTIGEN 20ml	Yes
REDWATER ASIATIC 5ml	Yes		BRUCELLA MRT ANTIGEN 20ml	Yes
RIFT VALLEY FEVER INACT 100ml	Yes		BRUCELLA REV 1 100ml Dos 50	Yes
RIFT VALLEY FEVER LIVE 100ml	Yes		BRUCELLA REV 1 100ml Dos 50	Yes
SWELLED HEAD 100ml	Yes		BRUCELLA MRT ANTIGEN 20ml	Yes
TETANUS (2x10ml Botls in 1 DC)	Yes

(b),(c)

(b) PRODUCTS NOT AVAILABLE	(c) EXPECTED DATE OF AVAILABILITY
HEARTWATER	End May 2022
ANAPLASMA	End May 2022
BRUCELLA S19	End May 2022

2.  Yes. OBP will make the report on the expenditure once available. Expenditure against the R492.5 million government support to OBP to improve its infrastructure to be compliant to the Current Good Manufacturing Practices (cGMPs) in 2014 is a matter of review and investigation by the current Board of OBP. A consulting firm was contracted to conduct this investigation in September 2021. The OBP was not satisfied with the report and is in the process of seeking a second opinion on the expenditure and value for money on what has been spent to-date.

3. No. OBP has a cGMP roadmap as per its Corporate Plan stating that 80% of the activities towards Good Manufacturing Practice (GMP) compliance should be achieved in the 2023/2024 Financial Year. The process of obtaining GMP Certification at OBP has been divided into two parts, namely:

• The building of a GMP facility, and
• Activities and Processes of the organization to comply with cGMP requirements. Progress with respect to GMP facility is a matter of dispute with contractors whilst activities related to complying to cGMP process requirements, gap analysis audit has been conducted and the areas of concern have been highlighted by the creation of a cGMP Roadmap, which is a working document. Training on the fundamentals of cGMP was conducted at various levels within the organization to create awareness within the organization.

4. Yes. OBP’s external auditors (the Auditor-General) issued a management report for Financial Year End March 2019 with findings on some awards specifically aligned to the GMP project.

(a) A forensic investigation was initiated because of the report of the Auditor-General.

(b) A forensic investigation was conducted, and a report was issued in March 2020 on various matters which included some awards related to GMP. The current Board had requested an initial review to be done by management and a second review has been prompted by further aspects that require a multi-disciplinary team.

Reply:

(a),(b) Yes. All nine provincial offices of the Department of Agriculture, Land Reform and Rural Development (DALRRD) confirmed that they paid their service providers in full (100%) for services rendered during the 2021/22 financial year.

The table below provides provincial payment analysis of the total R191 878 748.72 that was paid to service providers.

PROVINCE	PAYMENT TO SERVICE PROVIDERS
1. Eastern Cape	R30 476 475,63
2. Free State	R26 971 792,65
3. Gauteng	R28 125 511,16
4. KwaZulu Natal	R42 951 353,83
5. Limpopo	R23 015 577,27
6. Mpumalanga	R14 908 153,44
7. Northern Cape	R11 215 339,07
8. North West	R9 408 666,34
9. Western Cape	R4 805 879,33
TOTALS	R191 878 748,72

Reply:

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Reply:

The Minister of Agriculture, Land Reform and Rural Development (DALRRD) has held meetings with food processors, leaders in the fruit and grains industry, agricultural trading groups, and farmer associations to discuss Russia-Ukraine conflict and its potential implications of the sector. The sector engagement evaluated the availability of food supplies and farming input supplies for the coming months amidst the conflict.

As a result of recent good harvests on crops and some of the fruits, which have been coupled with acceptable levels of imports such as rice and wheat, there is no need to be concerned that the country could experience food shortages.

Further engagements that have occurred between government and industry players focused on:

• Ensuring increased frequency of reporting by wheat traders: The discussions encouraged wheat traders to declare their intentions to import wheat eight (8) weeks in advance to the South African Grain Information Service (SAGIS); and
• Increase the frequency of reporting on fertilizers prices: Fertilizer price changes are reported on a monthly basis to act as an early warning sign on price hikes. Furthermore, importers of fertilizer are encouraged to voluntarily declare their intentions to import fertilizers eight (8) weeks in advance to ensure that sufficient quantities of fertilizer are available in the country.

Reply:

The Minister of Public Works and Infrastructure:

1. I have been informed by the Department that as at 31 January 2022, the Department of Public Works and Infrastructure owed an amount of R157 765 088.14 for water and electricity, as per age analysis received from various municipalities. Upon receipt of the age analysis, DPWI further analysed it to confirm the amount outstanding and could then break down the outstanding amount as per the age analysis as follows:

Category of Debt	Sum of Outstanding amount: Electricity and Water
Arrears amount confirmed (payments in progress)	R 14 175 299.01
Claims/invoices not yet submitted by municipalities	R 15 165 658.35
Disputes over incorrect billing, interest charged, etc.	R 42 519 639.02
Payment rejected due change of municipal bank account	R 14 524 049.90
Payments not allocated by municipalities	R 52 482 538.23
Reconciliations in progress with municipalities	R 18 897 903.63
Grand Total	R 157 765 088.14

Based on the above review, DPWI can confirm based on the age analysis submitted by municipalities, an outstanding amount of R48 million as at 31 January 2022.

2. DPWI processes all valid invoices received within the stipulated timeframe indicated by municipalities since their invoices are due and payable within the regulated 30 days of receipt of invoice. Notwithstanding the above mentioned, DWPI has made payments across all 257 municipalities for water and electricity to the value of R2.4 million. This is a clear demonstration and continuous endeavours by DPWI to ensure that all valid invoices from municipalities are settled timeously.

Reply:

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Reply:

The Minister of Public Works and Infrastructure:

1. I have been informed by the Department that the South lawn grounds are not part of the National Key point, only the Union Buildings Precinct has been declared a National Key point.

2. The Department deployed the Private Security Company, Shellman Security, in January 2022 to secure the area. The Department of Public Works and Infrastructure (DPWI) has also approached SAPS stationed at Union Buildings to assist the Private Security Company in monitoring the area.

3. The Department did not engage the specified group on the matter. The Presidency Office engaged the group. The DPWI is responsible for the eviction process of the group on site. The Sheriff is currently in the process of serving documents.

Reply:

(c)(i) 300,000 TVET colleges students are targeted to receive bursary funding through the National Students Financial Aid Scheme during the 2022 academic year;

(ii) The processing of student applications for NSFAS is still underway and as such the number of unfunded students is not available at this juncture. However, on average 98% of first-time NSFAS applicants in Technical and Vocational Education and Training (TVET) colleges qualify for bursaries and do not pay tuition fees. This means that about 2% of first-time NSFAS applicants and NSFAS returning students who do not qualify for bursary funding on the basis of academic performance are the ones who are not funded and as such they are required pay for their own fees.

Reply:

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Reply:

My Department is prepared to share the legal advice it has received on the matter regarding the status of Afrikaans and Khoi languages as indigenous languages of South Africa, as well as other documents consulted in developing the Policy Framework for Public Higher Education Institutions (Policy Framework), published on 30 October 2020. This matter has been engaged extensively within the Department and proposed amendments by the legal opinion to the definition of indigenous languages contained in the Policy Framework are underway. The Legal Services section of my Department can compile and make available the required documents on request.

Reply:

Funds for the school meals were disbursed to all schools participating in the National School Nutrition Programme (NSNP) by the second week of the school term.  The Eastern Cape (ECDOE) implements the decentralised model where funds are transferred to the schools in 4 tranches, and the schools procure the food required for preparing meals for the learners.  54 district based officials monitor approximately 350 schools per week to ensure that nutritious meals are provided every day on time.

Reply:

The Veterinary Services of the country is constitutionally decentralized, comprised of the national component and nine Provincial Veterinary Services.  The responsibility of policy formulation, legislation and international liaison rests with the national component, while the implementation and direct service to the clients is the responsibility of the provincial components.  The functions and services applied include the following:  

• Implementation and enforcement of the Animal Disease Act 35 of 1984, the Meat Safety Act, 2000 (Act no. 40 of 2000), Animal Welfare Act, Animal Identification Act 2002 (Act 6 of 2005);
• Develop and promulgate policy, norms, standards and legislation for the prevention and control of animal diseases and to promote animal health;
• Develop policy to reduce sanitary risks in the import and export of animals and animal products;
• Ensure compliance with international animal health obligations and responsibilities.
• Monitor, evaluate and modify, as required, all legislation pertaining to animal disease control (Animal Disease Act 35 of 1984 and accompanying Regulations);
• Contribute to an efficient and comprehensive risk analysis service with regard to animal diseases;
• Initiate, analyse and facilitate specific animal disease surveillance programmes;
• Monitor and audit areas under restriction for animal disease control;
• Facilitate and audit the maintenance of disease control fences, including liaison with neighbouring countries as required;
• Facilitate, monitor and audit the control of animal disease outbreaks;
• Provide National Animal Health contact point with regard to international liaison and reporting obligations;
• Manage and maintain a database of import and export approved facilities and quantities imported and exported;
• Audit the enforcement of policy for the establishment and management of import and export approved facilities;
• Issue veterinary import permits;
• Develop, analyse and audit policy for the surveillance of animal diseases and diseases that can be transmitted from animals to humans;
• Develop, analyse and audit policy on disease reporting;
• Manage controlled animal disease information;
• Manage animal disease early warning system;
• Audit the policy to ensure adequate laboratory services;
• Audit the enforcement of quality systems in diagnostic veterinary laboratories;
• Audit the enforcement of policy for reference laboratories;
• Facilitate the provision of preventative veterinary activities and regulate the production of safe animal products and by-products;
• Regulate the production of safe animal products and by-products;
• Facilitate and co-ordinate animal welfare matters as well as preventative veterinary activities;
• Develop policies, norms and standards that promotes the safety of food of animal origin;
• Manage risks associated with safety of food of animal origin;
• Audit veterinary food safety hygiene assessment systems;
• Audit the certification of the safety of food of animal origin;
• Develop a Basic Animal Health Care System;
• Coordinate the community veterinary services programme to communities, through the provinces; and
• Develop and organize awareness programmes on veterinary Hygiene.

Reply:

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Reply:

The Minister of Public Works and Infrastructure:

I have been informed by the Department that:

1. Yes
2. Yes

Reply:

a) The department adopted a strategy to address discipline management in departments, which in the short term focusses on strengthening basic discipline management processes/systems and addresses knowledge gaps; and in the long term addresses the decentralised nature of discipline management.

The short term interventions are the following:

i) Strengthening basic discipline management processes/systems:

• Assisting of departments with long overdue cases to update their records on discipline management, to interrogate the reasons for case backlogs and to provide monthly feedback to the Public Administration Ethics Integrity and Disciplinary Technical Assistance Unit (PAEIDTAU) on progress made and steps taken. An electronic tool was developed to be used by those departments with long overdue backlogs. The PAIEDTAU monitors progress and plans technical assistance based on the submitted progress reports.
• Addressing the Personnel Salary System (PERSAL) inefficiencies through consolidating and reducing the number of categories for transgressions to improve the capturing of data, the standard of reporting, and to enable PAEIDTAU to download electronic reports that can identify trends. This project will make it easier for data capturers to capture relevant data in a sensible way.
• Addressing non-compliance – Non-compliance letters are addressed to those departments not providing reports to the DPSA and failing to keep within the specified timeframes. Feedback reports are monitored on a monthly basis. Non-compliance is furthermore highlighted in quarterly reports and submitted to the Forum of South African Directors-General (FOSAD).

ii) Addressing knowledge gaps:

• Providing guidance to labour relations officials on discipline management, by:

Adopting a Guide on Discipline Management – A new Guide on managing discipline in the public service was adopted on 1 April 2021. This consolidated all relevant discipline management frameworks into one guide.

Adopting a Directive on Discipline Management – This is currently being finalised and will enforce the implementation of the Guide. This will direct the use of PERSAL in recording disciplinary cases, with a designated official(s) in departments to be made responsible for recording and to include this in the job descriptions.

• • Developing of a training course for discipline management (based on the Guide) – A pilot was conducted in December 2021 and the course will be rolled out in the 2022/2023 financial year.
  • Using of an online platform to provide labour relations officials with easy access to discipline management courses and material. The DPSA is in the process of procuring such a platform.
  • Maintaining a record of those employees who were trained on discipline management to be consulted when departments request assistance with initiators and chairpersons.
  • Providing continuous technical assistance to departments based on identified needs, as identified in quarterly reports.

The long term interventions are the following:

Reviewing of the disciplinary code Public Service Coordinating Bargaining Council, Resolution 1 of 2003 to address identified shortcomings contributing to case backlogs, including tabling it for negotiations in the last quarter of the coming financial year (2022-2023).

Amendments to required legislation to centralise the function of discipline management under the DPSA, with sufficient capacity allocated to the PAEIDTAU to be able to manage this function.

b) The strategy will be rolled out as follows:

The PAEIDTAU will provide technical assistance to prioritised departments and provinces (those with the most case backlogs). Scheduled visits will be made to these departments and provinces, and interventions will be planned in collaboration with the Offices of the Premiers. Support will also be provided in terms of sourcing chairpersons and initiators to ensure cases are finalised. Training will be provided to Labour Relations officers, who will then be expected to conduct discipline management training in their respective departments (using the “Train-the-trainer” approach).

To capacitate Labour Relations Officials, the non-functioning National Labour Relations Forum will be activated to create a platform for sharing good practise and to create awareness on legislation, regulations and guides.

Reply:

According to the information received from ESKOM:

1 Eskom does not have a contract with Global Consulting Direct International at Kusile and across Eskom.

2. Not applicable.

Reply:

According to the information received from ESKOM

Eskom does not have a contract with Global Consulting Direct International at Kusile and across Eskom.

 

Reply:

1. Yes. A draft report has been received.

a) (i) 2 March 2022 and a discussion held on the 29th of April 2022.

(ii) The Report will be released after the Minister has completed her assessment.

2. No. Final report has not yet been tabled.

Reply:

According to the information received from Transnet

a) Pursuant to section 217(2) of the Constitution, the Transnet SOC Ltd (Transnet) Board of Directors has approved an addendum to the company’s Supply Chain Management (SCM) Policy – effective 25 March 2022 - to allow Transnet to include specific provisions for preferential procurement in its procurement processes.

The Board of Directors resolved to continue applying the 80/20 and 90/10 preference point system provided for in section 2(1) of the Preferential Procurement Policy Framework Act 5 of 2000 (PPPFA) – in order to promote preferential procurement in its processes, demonstrating the company’s continued commitment to transformation and empowerment.

The Board has determined monetary thresholds for the application of the 80/20 and 90/10 preference point systems that will continue to provide certainty to bidders and Transnet’s procurement processes until new Preferential Procurement Regulations are promulgated or the Constitutional Court judgment is clarified.

This approach aligns with the Constitutional Court ruling that the policies of organs of state should take charge of driving transformation and preference in procurement to give effect to section 217(2) of the Constitution.

b) Transnet’s transformational objectives will be achieved. Transnet’s amended policies will ensure that the SOC continue to provide certainty to bidders and Transnet’s procurement processes until new Preferential Procurement Regulations are promulgated or the Constitutional Court judgment is clarified.

Reply:

(a) Eastern Cape Province

(i) 1 555 dipping tanks for cattle. There are no dipping tanks for sheep.

(ii)-(v) Refer to Table 1 below.

(b) Limpopo Province

(i) 1 466 dipping tanks for cattle. There are no dipping tanks for sheep.

(ii)-(v) Refer to Table 2 below.

TABLE 1: EASTERN CAPE PROVINCE

Categories	(i) Number of Dipping Tanks	(ii) District	Local	Village	(iii) Distances that the animals travel to reach the dipping facilities	(iv) Details of the dipping committees	(v) Frequencies of dipping in the past 10 years;
Sheep	The sheep dipping tanks are not part of the EC Provincial Veterinary Services. The government intervention on sheep is in terms of sheep scab treatments to improve the quality and quantity of the wool clip.
Cattle	40	Alfred Nzo	Ntabankulu	19 wards	2 to 4 km	All dipping committees are functional. 1 per dipping tank, 4 per LM and 1 per district.	Mbizana: dips weekly in summer and fortnightly in winter. Rest: fortnightly in summer and monthly in winter.
	56		Mbizana	32 wards
	71		Mzimvubu	28 wards
	69		Matatiele	27 wards
	236		Total
	113	Amathole	Mbashe		1 to 5 km	Not all dipping committees are functional, approximately 70% are functional.	Raymond Mhlaba is inland: dips monthly in winter and fortnightly in summer. The rest are coastal: dips weekly in summer and fortnightly in winter.
	23		Buffalo City
	9		Ngqushwa
	107		Mnquma
	2		Mahlathi
	23		Raymond Mhlaba
	277		Total
	66	Chris Hani	Intsikayethu		1 to 5 km	95% of the dipping committees are functional.	All are inland: the dipping is done once a month in winter and twice a month in summer.
	68		Ngcobo
	53		Emalahleni
	44		Sakhisizwe
	37		Inxuba Yethemba
	116		Enoch Mgijima
	384		Total
	37	Joe Gqabi	Senqu		500m-1.5km	Dipping committees are functional	All are inland: the dipping is done once a month in winter and twice a month in summer.
	140		Elundini		100m-5km
	63		Walter Sisulu		100m-5km
	240		Total
	61	O.R. Tambo	Ingquza Hill	31 wards and 61 villages with dipping tanks	3-5 km	95% of the dipping committees are functional.	The whole municipality is treated as coastal. Dipping happens weekly in summer months and twice a month in winter months.
	101		KSD	35 wards, 102 villages	3 to 5 km	95% have functional dipping committees and others have community animal health workers.	Mqanduli area of KSD: In summer, dipping is done weekly for all the villages along the coast and in winter fortnightly. All KSD: (Mthatha and Mqanduli, the inland area, the dipping is done once a month in winter and twice a month in summer.
	82		Nyandeni	31 wards and 82 villages with dipping tanks	3-5 km	98 % functional dipping committees. This is the one of the municipalities without community animal health workers.	Ngqeleni and Libode Coastal area: these areas are dipped every week in summer months and twice a month in winter months. Nyandeni inland: the dipping is done fortnightly in summer months and once a month in winter months.
	40		Port St Johns	20 wards and 40 villages with dipping tanks.	3-5 km	66% functional dipping committees. There are no community animal health workers in the municipality.	The whole municipality is treated as coastal. Dipping happens weekly in summer months and twice a month in winter months.
	88		Mhlontlo	26 wards and 88 villages with dipping tanks.	3-5 km	88 % have dipping committees. Others have fully employed community animal health workers.	The whole local municipality is regarded as inland. The dipping is twice a month in summer months and once a month or even suspended in winter months. The suspension all depends on the weather.
	392		Total
	7	Sarah Baartman	Kouga		1 to 5 km	Functional dipping committees or farmers representatives in all areas.	Dr Beyer’s Naude is in Land: monthly in winter and fortnightly in summer. Rest of the areas are coastal: dips weekly in summer and fortnightly in winter.
	17		Koukamma
	46		Nelson Mandela Bay
	10		Sunday’s River Valley
	36		Dr Beyer’s Naude
	42		Makana
	22		Ndlambe
	6		Blue Crane Route
	179		Total
	1 555		Grand Total

NB: The above list includes dipping tanks and handling facilities for spray dipping and/or pour-ons. The State provides the acaricide in all of them.

TABLE 2: LIMPOPO PROVINCE

Categories	(i) Number of Dipping Tanks	(ii) Districts	Local Municipality	Village	(iii) Distances that the animals travel to reach the dipping facilities	(iv) Details of the dipping committees	(v) Frequencies of dipping in the past 10 years.
Sheep	NONE
Cattle	230	Mopani	Letaba	52 villages	Overall average of 1-6km	Dipping committees are functional and composed of cattle farmers.	Weekly in villages around the Kruger National Park. Frequency increased during the Food and Mouth Disease (FMD) outbreak. Every 28 days in communal areas.
			Tzaneen	41 villages
			Baphalaborwa	15 villages
			Maruleng	48 villages
			Giyani	74 villages
Cattle	223	Vhembe	Musina	56 villages	Overall average of 1-6km	All dipping committees are functional and composed of cattle farmers.	Weekly in villages around the Kruger National Park. Frequency increased during the Food and Mouth Disease (FMD) outbreak. Every 28 days in communal areas.
			Makhado	68 villages
			Collins Chabane	54 villages
			Thulamela	45 villages
Cattle	331	Sekhukhune	Makhuduthamakga	104 villages	Overall average of 1-6km	All dipping committees are functional and composed of cattle farmers.	Weekly and frequency increased during Food and Mouth Disease (FMD) outbreak. Every 28 days in communal areas.
			Elias Motsoaledi	40 villages
			Ephraim Mogale	51 villages
			Fetakgomo-tubatse	136 villages
Cattle	223	Waterberg	Modimolle-mookgophong	41 villages	Overall average of 1-6km	All dipping committees are functional and composed of cattle farmers.	Weekly and frequency increased during Food and Mouth Disease (FMD) outbreak. Every 28 days in communal areas.
			Mogalakwena	117 villages
			Lephalale	41 villages
			Bela-Bela	11 villages
			Thabazimbi	13 villages
Cattle	417	Capricorn	Molemole	32 villages	Overall average-1-6km	All dipping committees are functional and compose of cattle farmers.	Weekly and frequency increased during Food and Mouth Disease (FMD) outbreak. Every 28 days in communal areas.
			Lepelle Nkumpi	89 villages
			Blouberg	104 villages
			Polokwane	192 villages

Reply:

(1) The Department does not condone any illegal activities. The activities of Operation Dudula of identifying and forcefully removing alleged illegal foreign nationals in identified communities is not a programme of the Department.

The Department of Home Affairs through its Inspectorate has the legal mandate to ensure that all persons in South Africa are lawfully permitted to be here. The inspectorate does regular inspections and conducts investigations to detect those who may be here unlawfully. Multi-disciplinary operations with the South African Police Services and Metropolitan Police, including inspections of businesses, is a key source of the detection of illegal foreign nationals, their arrest and deportation.

In carrying out its function the inspectorate will first look at information received from all members of the public and investigate the matter before appropriate action can be taken. The Department of Home Affairs will not act upon any unverified information in applying the Immigration Act.

When a foreign national is found to be in the country without status by the Inspectorate, the undocumented individual can either be deported, issued with an Order to Depart or a Notice to Report to an Immigration Officer at specified intervals (with particular reference to those who must depart the country with their families) while in the process of leaving the country.

In situations where criminal charges are preferred against suspects, the individuals who provided the information including those affiliated to Operation Dudula, can be summonsed to court to give evidence in the state’s case.

It must be noted that presently the world is facing an international global crisis with regards to migration. The RSA government does not have a precise number of undocumented immigrants in the 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 act. However, the Department is looking how to manage migration issues with a view to find sustainable solutions.

(2) The Inspectorate is a law enforcement unit whose mandate is to enforce immigration laws through the investigation of unlawfulness and ensure redress in accordance with set prescripts, together with other law enforcement agencies, including the South African Police Services and the Department of Justice and Correctional Services. The Department can therefore, not be in support of any activities by anybody or any structure which are not informed by the above prescripts and the rule of law.

(3)(a) The conduct of multi-disciplinary operations with the South African Police Services and Metropolitan Police as well as inspections, including those of businesses, is a key source of the detection of illegal foreign nationals, their arrest and deportation. The strategy is captured in the DHA Annual Performance Plan (APP) 2022/23.

(3)(b) In its daily operations, the provincial Inspectorates record all the documents issued in terms of each arrested on the Case Management System (CMS), which must be verified and approved at different levels of management before approval for direct deportation to neighbouring or a transfer to the Lindela Holding Facility to conduct mass deportations. The proof of deportation in a case can be drawn from the CMS where required.

END

Reply:

On 17 February 2022, the Director-General (DG) of the Department of Justice and Constitutional Development (DoJ&CD) approved the National Prosecuting Authority (NPA)’s request to establish a multi-disciplinary Task Team to Develop/Review the draft Terms of Reference (ToR) for the Donor Review Committee prepared by the NPA.

The Task Team met on 8 March and 25 March 2022. The Task Team is currently in the process of compiling a detailed report to the National Director of Public Prosecutions and the DG of DoJ&CD in which certain recommendations will be made on purpose, and the rules and procedures that will govern its operations.

The target date for implementation of the protocol is 30 June 2022.

Reply:

The Minister of International Relations and Cooperation has no information on Planning and Monitoring Committees (PMCs) that are used to resolve instabilities in other African countries.

Reply:

a) The negotiations to conclude the SEP process has reached an advanced stage. The agreement contains sensitive commercial information which if shared publicly may affect the conclusion of the deal. Furthermore, the Department of Public Enterprises has signed a Non-Disclosure Agreement with Takatso to keep the details of the agreement confidential until such time that the process is concluded. We are therefore asking that the Department be given a chance to conclude this agreement. The information will be submitted at an appropriate time when the process has been concluded.

b) The National Treasury has not raised any concerns with the Department that have not been responded to satisfactorily. The department and National Treasury are constantly sharing information with regards to the SEP process.

 

Reply:

Automation is an enabler of innovation and not the other way round, it is important to understand that fact. After we have understood that, we must then grasp other facts that, economies are stimulated and driven by innovation. If we speak about change, change should not be for the sake of change but it should be adapted to the needs of the economy and its population. There is a notion that has become a cliché that speaks about change because somewhere someone is talking about change rather than change dictated by our own environment.

Albeit, we must agree that education and training institutions are central in driving skills that are needed by the changing economy. That is why my Department and the Department of Higher Education are always in constant collaboration on critical skills that are needed by the economy. As result, there is a critical skills list that speaks to the demand of our economy. This assists us in better responding to the needs of the labour market.

In responding to the 4th Industrial Revolution, the Honourable member will know that the President has established a commission amongst the others the Commission is to assist the government in taking advantage of the opportunities presented by the digital industrial revolution. The Commission will further identify relevant policies, strategies and action plans that will position South Africa as a competitive global player.

The work of the Commission will be tabled at NEDLAC for further discussion on how to come up with policies that will respond to the changes in the labour market as well as how to upskill, reskill and produce future skills that will be needed by the economy.

As a country that is grappling with unemployment, we must ensure that change does not exclude our people in the world of work but enhance their productivity, mobility and speaks to the needs of the population.

END

Reply:

Artificial insemination in horses is a procedure that requires thorough knowledge of the structure and functions of all reproductive organs of a horse. Even thoroughly trained equine specialists need to exercise extreme care when undertaking this procedure with specialised instruments due to the fact that the tissues in and around the area operated on are susceptible to tearing. The South African Veterinary Council (SAVC) is against training of farmers due to the concern that insufficiently trained person(s) may likely cause tearing of the rectal tissues causing unnecessary complications and suffering to the animals.

Reply:

a) The following are the key actions towards curbing the contraband into DCS facilities:

• DCS officials are sensitised to comply with Security policies and procedures by ensuring that proper and regular searches of inmates, officials, visitors and services providers are conducted at Access Control points. For any non-compliance, consequence management which includes disciplinary cases and opening criminal cases with SAPS is undertaken.
• Bag-less society is implemented in all Correctional Facilities and the relevance of this is discussed during morning parade and at security forum committee meetings.
• Frequent patrolling of outer perimeter fencing on a daily basis including foot patrols during the day and night.
• Officials are sensitised on a daily basis on the consequences of colluding in corrupt activity with offenders and inmates.
• Smuggling and corrupt activities by officials within the Correctional Facilities is a standing point of the agenda at morning parade and at security forum meetings
• Searching of official vehicles, service providers and visitors using metal detectors search mirrors, scanners and body scanners at entry points.
• The use of EST officials to conduct random surprise search operations at all access points of the Correctional Facility.
• The assistance of SAPS, Metro Police (sniffer dogs), South African Revenue Services inspection services (illegal imports) and Crime Intelligence Unit are requested at different intervals
• The use of DCS K9 Unit (sniffer dogs & corridor dogs) during surprise searching operations.
• The use of walkthrough, hand held metal detectors, scanners, of parcel scanners and the use of x/ray scanners which are installed at certain Correctional Facilities
• Incidents of smuggling by officials with offenders are investigated and disciplinary action taken against perpetrators.
• Use of internal information gathering on smuggling or corrupt activities.
• The Emergency Security Team (EST) at Management Areas is tasked to continually do search and clean-up operations.
• M&E including provision of support to custodial officials by management.
• The issue of integrated planning with stakeholders which features prominently as DCS works closely with other players in the security space, such as, SAPS, DOD, CSIR, etc. does yield good results.

(b)(i) Eighteen (18) officials have been dismissed for smuggling goods and contrabands.

(b)(ii) Seventy-four (74) officials were prosecuted in the past two years, 40 cases for 2019/2020 financial year and 34 cases for 2020/2021 financial year.

END.

Reply:

1. The Department of Employment and Labour, embarked on a number of programmes to assist youth that are facing unemployment. For the period 1 April 2021 to 31 March 2022, a total of 257 474 work seekers were provided with employment counselling services them to cope with unemployment and to find work and self-employment opportunities. Working with employers, a total of 124 101 job opportunities were registered on the Employment System South Africa (ESSA) database. This resulted in 58 626 permanent job placements. More than 900 000 work seekers were also registered on the ESSA database.

2. The Department also works closely with the Presidency in championing the Pathway Management Network process. The Presidential Stimulus funding created more than 840,000 job opportunities. This programme has facilitated entry into first time job opportunities, and is a stepping stone to the labour market.

3. The Unemployment Insurance Fund (UIF), concluded agreements on training projects aimed at creating jobs in the fibre optics, food handling and mixed farming sectors.

The UIF, through its Labour Activation Programmes (LAP), has set aside R551 million for the three projects to benefit 19 921 beneficiaries comprising 70% former UIF contributors who lost their jobs and 30% new labour market entrants to undergo training in the following skills disciplines:

14 771 Chief Food Handlers;

5000 Enterprise Development (mixed farming); and

150 Fibre Optic Technicians.

4. The Compensation fund

Through the Vocational Rehabilitation Programme, the Compensation Fund supports COID Persons with Disabilities (Injured workers who have acquired a permanent disablement) to be upskilled and reskilled.

Through this programme, a total of 41 Persons with Disabilities (PWDs)were enrolled on various Vocational Training Institutions, and 32 PWDs were registered in the artisan and farming incubation programmes, respectively, during 2021/2022.

The support is further extended to the dependents of COID Persons with Disabilities, Dependents of Fatally injured workers and the General Youth pursuing undergraduate qualifications related to Health Professional and related clinical science, Information and Communication Technology (ICT), Engineering, Statistics & Data Science, Actuarial Science, Maths & Science Education, Accounting, Psychology, Economics, Geography, Quality Control and Environmental Health. In addition, continuing students registered for Advanced Diploma/ Honours in Accounting Science (Stream: Certificate in The Theory of Accounting (CTA)are also being supported.

For the financial year 2021/2022, the Compensation Fund funded 1177 students enrolled at Post School Education and Training Institutions.

Reply:

1. The business rescue process is at an advanced stage. The Department has transferred the last tranche of R399 million from the total of R819 million that was allocated to the airline for restructuring purposes. The last tranche was transferred on 28 March 2022 on conditions that not only should the business rescue process be completed around the end of April 2022 but that a viable strategic equity partner for Mango is identified that has financial capacity to fund the airline after it exits the business rescue process.

2. The process of identifying a suitable Strategic Equity Partner (SEP) for Mango is part of the conditions for transfer of the last tranche of R399 million as indicated above. The process which was initiated on 2 December 2021 is expected to be finalised in the next few months.

 

Reply:

The Department of Agriculture, Land Reform and Rural Development (DALRRD) facilitates skills transfer and capacity building on animal improvement through implementation of the Animal Improvement Act, 1998, (Act N0. 62 of 1998), by collaborating with tertiary institutions that offer agricultural science and State-Owned Entities such as the Agricultural Research Council Animal Production Institute to train students, farmers and farm workers to do artificial insemination.

Farmers may approach the Office of the Registrar for the Animal Improvement Act ie Mr Joel Mamabolo on 012 319 7597/7424; email [email protected]

Reply:

The bed space capacity of Rooigrond Medium A Correctional Centre is 645, the current inmate population is 895 which is 38.76% over populated. Based on the inmate population, the current approved posts establishment is not sufficient.

The centre has an approved post establishment of 196, with 183 filled (93.37%) and 13 posts vacant (6.63%). The Department has a new organisational structure approved by the Minister of Justice and Correctional Services for consultation to address the challenges of staff shortage.

END.

Reply:

(1) Yes, plans are in place for the appointment of a permanent National Commissioner.

(2)(a) A four months recruitment plan is in place and it is envisaged that a permanent National Commissioner will be appointed no later than 31 July 2022.

(2)(b) The process has begun as the position was advertised on 07 March 2022 with a closing date of 28 March 2022. It is envisaged that shortlisting and interviews will be conducted during April 2022 and May 2022.

END

Reply:

(1) and (2) Government has an obligation to ensure that state institutions are adequately resourced. To date, National Treasury has met this obligation in respect of the National Prosecuting Authority (NPA). As a result, the question of private donor funding does not arise. In this financial year, R1,2 billion has been allocated to the NPA. In the next financial year, the NPA is expected to advise the Department of Justice and Constitutional Development and National Treasury if a shortfall arises. Having addressed the issue of adequacy of funding, I have been informed of requests by the NPA regarding the acceptance of donor funding, its modalities, measures to ensure accountability and to address perceptions of interference with the independence of the NPA and actual interference with the independence of the NPA. These engagements have been ongoing with the Director-General of the Department as the Accounting Officer and the NPA. In this regard, a governance framework for the acceptance of donor funding is being considered.

In general, all private donor funding is processed through the Reconstruction Development Programme which falls under the administration of the National Treasury. In terms of this programme, domestic and foreign grants are received and dispensed according to strict guidelines, controls and oversight.

Should we have a scenario wherein the budget of NPA can only be supplemented by donor funding, the process mentioned above will apply. Safeguarding the independence of the NPA remains of utmost importance. A proper governance framework will be put in place to ensure that the NPA will be sufficiently insulated.

END

Reply:

a) The Department of Justice and Constitutional Development (DoJ&CD)’s Gauteng Regional Office requested the Department of Public Works and Infrastructure (DPWI) to conduct a structural assessment on the Palm Ridge Court facility on 08 November 2021.

The request was based on numerous complaints that the users of the building had been raising to the attention of the DoJ&CD’s Gauteng Regional Office where administration staff, judiciary and the public at large felt they were not safe to either occupy or utilize the Palm Ridge Magistrate Court facility due to its severe structural defects.

The assigned structural engineer visited the site to conduct an inspection on 15 November 2021. The nature of the inspection involved assessment of the Palm Ridge Magistrate Court facility to pronounce on its structural integrity and provide recommendations. The recommendations on the Investigation Report, Condition Assessment: Palm Ridge Magistrate Court were that a complete status quo report be conducted by a professional team and where the need for further investigation arises, a specialist be requested.

The DoJ&CD wrote to DPWI and requested that a comprehensive assessment on the structural integrity of the building be conducted, and a new repairs and renovations project on the facility be registered.

ZAS Architects & Planners and Fhatani Consulting Engineers together with representatives from DPWI and DoJ&CD undertook a review of issues identified within the Investigation Report: Conditional Assessment: Palm Ridge Magistrates Court, Johannesburg as prepared by DPWI on Thursday, 3 February 2022. A detailed report, dated 8 February 2022, covers two (2) sections, a response to remedial items identified by the structural engineering services division and prioritization of remedial items identified.

ZAS Architects & Planners and Fhatani Consulting Engineers provided their professional opinion that there were no major remedial items identified that warrant the building unsafe, and the facility can be used for its intended purpose. Notwithstanding, the remedial work as identified should be carried out expeditiously.

b) The structural engineer report has declared the building safe for occupation. However, the report further outlined the remedial works that needed to be executed as part of the maintenance of the court. DPWI has attended to the following identified challenges on an emergency basis:

1. Leaking roof;
2. Damaged ceilings;
3. Non-functional lift;
4. Damaged flooring;
5. Urinal systems; and
6. High-rise lighting globes.

For the remedial work required to fix the cracks, DPWI is in the process of appointing a contractor. In anticipation of the appointment of the contractor to fix the wall cracks, DoJ&CD is of the view that the remedial work cannot be executed while the users are in the building.

The DoJ&CD has been looking for an alternative accommodation for officials occupying the one wing which is severely affected by wall cracks. Two (2) locations have been identified, one (1) is a community hall within a 5km radius of the court earmarked as alternative accommodation, upon municipality engagement and approval. The second location is a vacant land parcel opposite the court, this is privately owned and can be utilized as parking. The owner of the site has agreed to let out the land to DoJ&CD officials to use as parking daily. The courts parking area will be used to place park-homes as offices and mobile courts while repairs are being attended to at the court.

END

Reply:

Attached find here: Reply

Reply:

According to the information received from ESKOM

a) From 1 January 2022 to 24 March 2022, Eskom utilised 110 141 069 litres of diesel for the generation of electricity at two of its OCGT stations.

(b) The total cost of the amount in (a), above is R1 385.9 million.

(c) The price indicated is the moving average price for each month. The price is the wholesale price less rebates and discounts where applicable. In addition, tank rental costs are included monthly, and these are approximately R4 million per month for both stations. There were no demurrage costs in this period.

Note that the usage and costs are verified at the end of each month. The March values and thus the totals in (a) and (b) above may therefore be subject to change.

Reply:

a) The Department did not fail to intervene and/or resolve the matter in terms of administrative legislative prescripts. The Department is following processes provided for in law.

b) The matter is handled within legislative prescripts and must be allowed to follow due course. The matter is sub judice as fair administrative procedure depends on prevailing circumstances of each case.

END

Reply:

(a) (i) The current total number of inmates requiring medical care in South African correctional facilities cannot be predicted for a particular time as they all remain potential patients. Nonetheless, all inmates have access to health care services based on their individual health needs as mandated by the current Departmental Policy Procedures on Health Care.

(a) (ii) The most prevalent disease amongst inmates is the Human Immunodeficiency Virus (HIV).

(b) The following standard measures are implanted to prevent inmates from getting sick:

• Screening of inmates on admission, during incarceration and on release for communicable diseases in order to facilitate early diagnosis and the initiation of treatment;
• Provision of treatment for communicable and non-communicable diseases in compliance with the Standard Treatment Guidelines and Essential Medicines Lists (STGs and EML;
• Provision of Primary Health Care services to inmates on a daily basis to address their health needs. Those that require secondary and tertiary levels of care are referred to the relevant external and sensitization sessions on various health conditions as well as maintenance of hygiene standards such as promotion of hand and respiratory hygiene for inmates with regard to COVID-19 through different media as well as implementation of infection prevention and control (IPC) measures;
• Compliance to the Department of Correctional Services specific Standard Operating Procedures for Preparedness, Detection and Response to COVID-19 in order to contain and mitigate COVID-19 infections in the correctional facilities;
• Administering of COVID-19 vaccines to the inmates who have agreed to be vaccinated in order to achieve herd immunity in the correctional facilities thus mitigating the impact of the COVID-19 pandemic; and
• Provision of meals to inmates addressing their nutritional needs.

END

Reply:

a) The Department of Justice and Constitutional Development (DoJ&CD) did not fail to ensure that necessary steps are taken in respect of the maintenance and refurbishment of the building to prevent the closure of Rustenburg Magistrate’s Court.

The Department has a delegation of R100 000.00 per incident as part of the day-to-day maintenance guidelines to ensure that the challenges experienced at the court are addressed. Below are the day-to-day maintenance issues addressed by the Department through the North West Regional Office:

• Leaking pipes;
• Repairs to ablution facilities;
• Repairs to ceilings;
• Security and office lights; and
• Air conditioners.

However, the Rustenburg Magistrate Court was served with a prohibition notice by Bojanala Platinum District Municipality for reasons listed below:

• Failure to provide the facility users (public and staff members) with an environment that is not harmful to their health and well-being.
• Exposing facility users to asbestos fibre material that were found to be dripping from the ceiling within the facility passage and court area.
• Exposing facility users to unsafe structural conditions of falling ceiling boards with asbestos lining, and failure to provide adequate ablution facilities for public and staff members.
• Ignoring and allowing continued use of non-functional ablution facilities and use of same toilet facilities by both genders.

Therefore, the efforts made by the North West Regional Office delegation were not sufficient to address all the challenges highlighted above.

b) Rustenburg Magistrate Court is old and dilapidated, and there will always be facility issues and structural challenges due to aging of the building. After the closure of the court, an action plan monitored on weekly basis was developed to address the issues raised. Since the court reopened, service providers to attend to unhygienic toilets and contractors to fix the ceilings were appointed, and the facility is cleaned.

The Bojanala Platinum District Municipality confirmed that the Department has rectified the issues that were raised, lifted the notice and the court is currently operational.

Permanent solution of the maintenance challenges to the court:

The long-term solution for the court is to repair and renovate the building to eliminate unhygienic conditions of the premises that pose a health risk and nuisance to public health and safety.

• The Rustenburg project started in March 2007 as a Repair and Renovations (planned maintenance) project registered and funded by Department of Public Works and Infrastructure (DPWI). The project went out on tender in 2012. The tender lapsed without the appointment of a service provider by DPWI. The DPWI did not fund the project in the 2013/14 financial year due to budget cuts.
• The DPWI requested DoJ&CD to fund the project under capital budget in May 2013, and the DoJ&CD agreed to the proposal in July 2013, on condition that additional accommodation vacated by SARS at the adjacent building be added to the project, upgrading of the old court and all security measures and ICT requirements be included.
• The project scope included:
• Conversion of existing offices to accommodate officials within the court, including adjacent Public Protector and Family Advocate at Old SARS building;
• Additional Family Courts at the Old SARS building;
• Walk way adjoining the main court building to the Old SARS building;
• Guardhouse;
• Access for people living with disability;
• Covered and uncovered Parking around both buildings;
• Air-conditioning system;
• Ablution facilities;
• Plumbing system;
• Repairs to walls, windows, doors, roof and floor skirting;
• Installation of a lift at the main building; and
• CCTV, alarm, PABX, Control Room and Server Room.
• A Pre-Design Information Request (PDIR) was issued to the DPWI’s Town Planning Services (TPS) in September 2014 for purposes of clearing the site. The site clearance was issued in March 2015.
• A Sketch Plan Committee meeting which was scheduled for 4 October 2016 turned into a technical meeting because the DPWI Professional Services Quantity Surveyor was not happy with the high project estimate/high building cost.
• The project was re-advertised on 20 September 2019 and closed on 23 October 2019, the briefing meeting was held on 4 October 2019. The project validity period expired before appointment was concluded.
• The project was re-advertised on 01 April 2021 and closed on 05 May 2021. The bid has been going back and forth between DPWI Regional Office and National Bid Adjudication Committee (NBAC). To date, no contractor is recommended or appointed. The bid evaluation process is underway at DPWI.

In light of the above, this is what the Department has been trying to do over the years but due to the procurement processes of DPWI, the DoJ&CD find itself in a dire situation.

The DPWI is currently going through the evaluation process for the third time, and DoJ&CD hopes that the contractor will be appointed in the 2022/23 financial year for the refurbishment of the court to be completed.

END

Reply:

1. In order to address the question with regard to the withdrawal rate it is necessary to indicate the details of the thirteen (13) finalised cases. Five (5) cases resulted in convictions, two (2) cases resulted in acquittals, and in the remaining six (6) cases prosecution was in fact declined.

The six (6) cases wherein prosecution was declined are as follows:

•  

1.1 Lichtenburg CAS 259/8/2016

Background of Case (Summary)

Financial Intelligence Centre (“FIC”) identified several deposits into the bank account of the Chief Financial Officer of Ditsobotla Local Municipality from the following entities:

(a) Khoisan Roads Cc, Ipes-Utility Management Services (PTY) LTD, and Bay Breeze Trading 241 Cc.

(b) Two (2) of the abovementioned entities are service providers of Ditsobotla Local Municipality.

Outcome:

The main suspect has passed away, and prosecution was declined on 22 July 2021.

•  

1.2 Potchefstroom CAS 81/05/2011

Background of Case (Summary)

Docket was opened by the Department of Education North West in Potchefstroom. The complainant alleges that two tenders were awarded to four companies during 2007. During investigations by the Department of Education it was discovered that two of these four companies were allegedly front companies.

Outcome:

The Deputy Public Protector (DPP) declined to prosecute due to insufficient

evidence to prosecute.

1.3 Hartbeespoortdam CAS 174/6/2016; and

1.4 Hartbeeesporrtdam CAS175/06/2016

Background of Case (Summary)

The docket was opened by the Department of Water and Sanitation North West at Hartbeespoort dam. The complainant alleged that the suspects contravened sec 57 (e) of the PFMA, by appointing a company to upgrade the road at Hartbeespoort dam and Lindleyspoort dam whereas the terms of the contract does not make provisions for such services. It was also found the same service provider allegedly had received other tenders without following tender procedures.

Outcome:

The DPP declined to prosecute due to insufficient evidence.

•  

1.5 Mogwase CAS 204/03/2013

Background of Case (Summary)

The Department appointed a contractor to disburse an amount of R1.5m to create projects to alleviate poverty for 100 indigent’s community members but the contractor allegedly disbursed for only 22 indigents. The said contractor allegedly failed to return to the site to continue with the project as agreed in the service level agreement and stole the remaining amount.

Outcome:

The DPP declined to prosecute because the suspect is deceased.

•  

1.6 Mmabatho CAS 270/05/2011

Background of Case (Summary)

The Department of Education advertised a tender seeking a motivational speaker who will render service to different districts within the province for a period of six (6) months. The MEC, Superintendent-General and officials connived with the appointed service provider to defraud the Department by inflating prices and claiming for services not rendered.

The case was before the Mahikeng High Court and was struck off the roll, on 25 August 2014 because the prosecutor needed to finalise the charge sheet and get permission from the DPP North West to re-enrol the matter.

Outcome:

Application for re-enrolment was submitted to the DPP who requested the DPCI to follow-up on certain aspects before a final decision could be made. On 21 September 2021, the DPP refused authorisation in terms of section 342A of Act 51 of 1977 for re-enrolment of the matter, and the matter is now deemed finalised.2. 

2. In regard to the remaining seven (7) finalised cases, prosecution was instituted and resulted in five (5) convictions and two (2) acquittals. This translates to a conviction rate of 71%. The details of the two (2) cases wherein the accused were acquitted are as follows:

2.1 Wolmaranstad CAS 92/12/2010

Background of Case (Summary)

The municipality advertised a tender for refuse trucks whereby the complainant was one of the service providers that bid for the tender. The complainant alleges that he was approached by the employees of the municipality whereby they promised to influence the bid committee to award the said tender to him for benefit.

Outcome:

Matter was before court on 24 April 2019. The accused were acquitted. The complainant was a single witness, as the second witness, his son, passed away prior to the proceedings. At the stage when the matter was partly heard, it happened on repeated occasions that an interpreter was not available for the complainant, and the Court refused further postponement of the matter in terms of section 342A of Act 51 of 1977, resulting in the acquittal of the accused.

•  

2.2 Mahikeng CAS 165/01/2018

Background of Case (Summary)

The Department of Health advertised a vacancy for the Head of the Department (HoD) post. The appointed HoD misrepresented himself by submitting false information during his application. Information was received that the appointment was irregular as he did not meet the requirements as per the advert of the post. Preliminary investigations were conducted, and it was proved that there was a prima facie case that needs further investigation. 

Outcome:

The case was prosecuted in the High Court, and the accused was acquitted on 09 November 2021. The court found their versions to be reasonably possibly true.

3. It is submitted that, given the abovementioned context, the finalisation of these thirteen (13) cases does not represent serious under-performance.

END

 

 

 

Reply:

The South African Law Reform Commission released its Report on Adult Prostitution in 2017. Cabinet, at the time, decided not to make a policy choice at that stage and felt that the issue of the possible decriminalisation of sex work should be further debated. There are various policy and legislative options. In order to take the debate on the possible decriminalization of adult sex work forward, the Deputy Minister of Justice and Constitutional Development, Mr John Jeffery, has started a series of consultative meetings with various stakeholders and interest groups. The Deputy Minister of Justice and Constitutional Development has met with representatives of the pro-decriminalization sex work sector and has had similar meetings with other stakeholders who have a variety of views on the matter.

a) No resolutions have been taken as the engagements with stakeholders are ongoing, but the intention is to proceed with the finalization of a Draft Bill by the end of this year.

b) There are no resolutions as the engagements are ongoing, but the engagements with stakeholders seek to elicit a wide range of views on the matter.

c) As mentioned above, the current engagements are being led by the Deputy Minister of Justice and Constitutional Development. Once a Draft Bill has been prepared, the Minister will approach Cabinet to seek approval to publish the Bill for public comment.

Reply:

a) As per the published audited 2020/21 Annual Report of the Department of Small Business Development (DSBD), the Department supported 1 015 women-owned businesses during 2020/21 financial year.

b) The lessons learnt in this regard is that the DSBD should consider designing support programmes which are targeted specifically for vulnerable groups such as women, youth and people with disabilities as these groups are still operating in the informal or micro level and mostly vulnerable to disasters and externalities. The department will also have to collaborate and partner with other entities within government in the private sector to leverage on existing resources and capacity. According to a study conducted in collaboration with the World Bank, women owned businesses have received between 13,8 % and 34% of government support during the different levels of COVID-19 lockdown.

STELLA NDABENI-ABRAHAMS

MINISTER: SMALL BUSINESS DEVELOPMENT

Reply:

(a) (i) The total number of children reunited with families is 565 with annual breakdown from the following provinces:

PROVINCE	TOTAL
Limpopo	14
FS	19
KZN	143
EC	38
WC	173
Mpumalanga	15
Gauteng	158
NC	0
NW	5

(ii) There are 893 abandoned children that have been adopted.

These numbers are from the adoption register database with the following breakdown:

Period	Number of adopted children
1 Apr 2010 to 31 Mar 2011	0
1 Apr 2011 to 31 Mar 2012	0
1 Apr 2012 to 31 Mar 2013	67
1 Apr 2013 to 31 Mar 2014	134
1 Apr 2014 to 31 Mar 2015	86
1 Apr 2015 to 31 Mar 2016	99
1 Apr 2016 to 31 Mar 2017	87
1 Apr 2017 to 31 Mar 2018	142
1 Apr 2018 to 31 Mar 2019	171
1 Apr 2019 to 31 Mar 2020	40
1 Apr 2020 to 31 Mar 2021	67
Total	893

(b) The total number of children in Institutional care is 3 279 with provincial breakdown as follows:

PROVINCE	TOTAL
Eastern Cape	255
Western Cape	1 594
KwaZulu Natal	1 129
Free State	17
Mpumalanga	0
Gauteng	143
NC	10
NW	119
Limpopo	12

Since 2010 there were 1 530 children in temporary safe care.

There is no provision of temporary foster care in the Children’s Act, 2005 (Act No 38 of 2005) only short term in accordance with section 159 and long-term placement in terms of section 186.

Since 2010 there are 507 adoptable children who survived abandonment and are in need of permanent family care. These figure is from the Register on Adoptable Children and Prospective Adoptive Parents (RACAP).

(c) The number of reported cases of abandoned children are added to the National Child Protection Register annually, with the following breakdown:

Period	Number of abandoned children added on the CPR system
1 Apr 2010 to 31 Mar 2011	135
1 Apr 2011 to 31 Mar 2012	71
1 Apr 2012 to 31 Mar 2013	128
1 Apr 2013 to 31 Mar 2014	134
1 Apr 2014 to 31 Mar 2015	41
1 Apr 2015 to 31 Mar 2016	24
1 Apr 2016 to 31 Mar 2017	45
1 Apr 2017 to 31 Mar 2018	144
1 Apr 2018 to 31 Mar 2019	229
1 Apr 2019 to 31 Mar 2020	40
1 Apr 2020 to 31 Mar 2021	67
Total	1058

Reply:

The Minister’s inability to attend some meetings of the Portfolio Committee on Small Business Development is primarily because the scheduled time for this Portfolio Committee is on Wednesdays at 09:30, which clashes with the Cabinet Committee Meetings or Cabinet Meetings which commence on Wednesdays at 08:30 until later in the day. HE President Ramaphosa, has directed that Ministers must prioritise Cabinet work, while at the same time impressed upon the Leader of Government Business in Parliament, HE Deputy President Mabuza to engage Parliament to endeavour to strike a balance between work of Parliament and Cabinet in so far as it relates to Ministers. It has also been resolved that Deputy Ministers need to attend the Portfolio Committee meetings where Ministers are expected to be in Cabinet.

The Minister will endeavour to avail herself to balance her accountability between Cabinet and Parliament as practical as possible.

 

STELLA NDABENI-ABRAHAMS

MINISTER: SMALL BUSINESS DEVELOPMENT

Reply:

With regards to Parliamentary Question 2601, we can avail the following information that we have on our system. In doing so, I will respond to all the questions again, to ensure a comprehensive response.

What is the total number of cases of abuse of the SA Social Security Agency (SASSA) Child Support Grant that have been reported to her department in each province since 1 January 2015;

As mentioned in our previous response, SASSA does not maintain separate statistics on abuse of child support grants and is thus not able to provide this information. However, all cases where a change of care giver is requested are attended to.

What is the total number of cases in which the Child Support Grant (CSG) has successfully been transferred to an alternative caregiver;

The total number of child support grants (counted per child), which have been transferred from one care giver to another from 2015 to date is indicated in the table below:

Province	Number
Eastern Cape	249 490
Free State	90 831
Gauteng	175 558
KwaZulu-Natal	301 318
Limpopo	142 709
Mpumalanga	106 043
Northern Cape	50 379
North West	97 308
Western Cape	103 942
Total	1 317 578

What happens to the (a) CSG and (b) child in question in cases where there is no alternative caregiver;

(a) The child support grant is only paid to a primary caregiver, and therefore lapses until a new primary care giver is appointed.

(b) Where no alternative care giver is identified, the case is referred to social workers who will then attend to the placement of the child as per the relevant provision of the Children’s Act, 2007. SASSA would in these cases be guided by the outcome of the social work investigation.

What mechanisms have been put in place by her department and/or the SASSA to mitigate against the abuse of the CSG grant by the caregiver;

Where abuse is reported, social workers are requested to investigate and make a recommendation to SASSA regarding the administration of the child support grant.

What support does her department and/or SASSA offer in order to assist the caregiver who has been reported as allegedly abusing the CSG grant?

Cases of abuse of the child support grant are referred to social workers within the provincial departments of Social Development to investigate. Neither, SASSA, nor the National department, is able to render such support, which is a provincial competency.

Reply:

a) Payment of the identified grants was suspended on 10 September 2021. However, all were reinstated, after having discovered that many of the suspended grants were being received by interns and contract workers, who may qualify to continue receiving these grants. The reinstatement was done in order to afford the review process to be done according to the prescripts of the Regulations to the Social Assistance Act, 2004.

b) (i) The public servants identified were found in the following national departments

NATIONAL DEPARTMENTS

CIVILIAN SECRETARIAT FOR POLICE

DEEDS REGISTRATION TRADING ACCOUNT

DEPART AGRICULTURE LAND REFORM RURAL DEVELOPMENT

DEPART COMMUNICATIONS AND DIGITAL TECHNOLOGIES

DEPART OF EMPLOYMENT AND LABOUR

DEPART OF ENVIRONMENT FORESTRY AND FISHERIES

DEPART OF MINERAL RESOURCES AND ENERGY

DEPART OF WOMEN YOUTH AND PERSONS WITH DISABILITIES

DEPART SPORTS ARTS AND CULTURE

DEPART TRADE INDUSTRY AND COMPETITION

DEPARTMENT OF BASIC EDUCATION

DEPARTMENT OF HIGHER EDUCATION AND TRAINING

DEPARTMENT OF MILITARY VETERANS

DEPARTMENT OF PUBLIC ENTERPRISES

DEPARTMENT OF SMALL BUSINESS DEVELOPMENT

DEPARTMENT OF SOCIAL DEVELOPMENT

DEPARTMENT OF WATER AND SANITATION TRADING ACCOUNT

DEPT GOVERNMENT COMMUNICATIONS AND INFO SYSTEMS

GOVERNMENT PENSIONS ADMINISTRATION AGENCY

GOVERNMENT PRINTING

INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE

INTERNATIONAL RELATIONS AND COOPERATION

MUNICIPAL INFRASTRUCTURE SUPPORT AGENT

NAT DEPT COOPERATIVE GOVERNANCE AND TRADITIONAL AF

NAT DEPT JUSTICE AND CONSTITUTIONAL DEVELOPMENT

NATIONAL DEPARTMENT OF CORRECTIONAL SERVICES

NATIONAL DEPARTMENT OF HEALTH

NATIONAL DEPARTMENT OF HOME AFFAIRS

NATIONAL DEPARTMENT OF HUMAN SETTLEMENTS

NATIONAL DEPARTMENT OF PUBLIC WORKS

NATIONAL DEPARTMENT OF TOURISM

NATIONAL DEPARTMENT OF TRANSPORT

NATIONAL DEPARTMENT OF WATER AND SANITATION

NATIONAL DEPARTMENT SCIENCE AND TECHNOLOGY

NATIONAL DEPT OF PUBLIC SERVICE AND ADMINISTRATION

NATIONAL PROSECUTING AUTHORITY

NATIONAL SCHOOL OF GOVERNMENT

NATIONAL TREASURY

OFFICE OF THE CHIEF JUSTICE

OFFICE OF THE PUBLIC SERVICE COMMISSION

PLANNING MONITORING AND EVALUATION

PROPERTY MANAGEMENT TRADING ENTITY

SOUTH AFRICAN POLICE SERVICE

STATISTICS SOUTH AFRICA

THE PRESIDENCY

(ii) The following provincial departments also had staff members receiving the social grants.

EASTERN CAPE PROVINCE

EAST CAPE COOPERATIVE GOVER AND TRADITIONAL AFFAIR

EAST CAPE ECONOMIC DEV ENVIRONM AFFAIRS TOURISM

EAST CAPE EDUCATION

EAST CAPE HEALTH

EAST CAPE HUMAN SETTLEMENTS

EAST CAPE OFFICE OF THE PREMIER

EAST CAPE PROVINCIAL LEGISLATURE

EAST CAPE PROVINCIAL TREASURY

EAST CAPE PUBLIC WORKS

EAST CAPE RURAL DEVELOPMENT AND AGRARIAN REFORM

EAST CAPE SAFETY AND LIAISON

EAST CAPE SOCIAL DEVELOPMENT

EAST CAPE SPORT AND RECREATION ARTS AND CULTURE

EAST CAPE TRANSPORT

FREE STATE PROVINCE

FREE STATE AGRICULTURE AND RURAL DEVELOPMENT

FREE STATE COOPERATIVE GOVERNANCE AND TRAD AFFAIRS

FREE STATE ECONOMIC SMALL BUS TOURISM AND ENV AFF

FREE STATE EDUCATION

FREE STATE GOVERNMENT MOTOR TRANSPORT TRADING ACC

FREE STATE HEALTH

FREE STATE HUMAN SETTLEMENTS

FREE STATE MEDPAS TRADING ACCOUNT

FREE STATE OFFICE OF THE PREMIER

FREE STATE POLICE ROADS AND TRANSPORT

FREE STATE PROVINCIAL TREASURY

FREE STATE PUBLIC WORKS AND INFRASTRUCTURE

FREE STATE SOCIAL DEVELOPMENT

FREE STATE SPORT ARTS CULTURE AND RECREATION

GAUTENG PROVINCE

GAUTENG AGRICULTURE AND RURAL DEVELOPMENT

GAUTENG COMMUNITY SAFETY

GAUTENG COOPERATIVE GOVERNANCE AND TRADITIONAL AFF

GAUTENG DEPARTMENT OF E-GOVERNMENT

GAUTENG ECONOMIC DEVELOPMENT

GAUTENG EDUCATION

GAUTENG HEALTH

GAUTENG HUMAN SETTLEMENTS

GAUTENG INFRASTRUCTURE DEVELOPMENT

GAUTENG INFRASTRUCTURE FINANCING AGENCY

GAUTENG OFFICE OF THE PREMIER

GAUTENG ROADS AND TRANSPORT

GAUTENG SOCIAL DEVELOPMENT

GAUTENG SPORTS ARTS CULTURE AND RECREATION

GAUTENG TREASURY

GG TRANSPORT TRADING ACCOUNT

MEDSAS TRADING ACCOUNT

KWAZULU NATAL PROVINCE

KZN AGRICULTURE AND RURAL DEVELOPMENT

KZN ARTS AND CULTURE

KZN COMMUNITY SAFETY AND LIAISON

KZN COOPERATIVE GOVERNANCE AND TRAD AFFAIRS

KZN ECONOMIC DEV TOURISM AND ENVIRO AFFAIRS

KZN EDUCATION

KZN HEALTH

KZN HUMAN SETTLEMENTS

KZN OFFICE OF THE PREMIER

KZN PROVINCIAL TREASURY

KZN PUBLIC WORKS

KZN SOCIAL DEVELOPMENT

KZN SPORT AND RECREATION

KZN TRANSPORT

LIMPOPO PROVINCE

LIMPOPO AGRICULTURE

LIMPOPO COOPER GOV HUMAN SETTLEMENTS TRAD AFFAIRS

LIMPOPO ECONOMIC DEVELOP ENVIRONMENT TOURISM

LIMPOPO EDUCATION

LIMPOPO HEALTH

LIMPOPO OFFICE OF THE PREMIER

LIMPOPO PROVINCIAL TREASURY

LIMPOPO PUBLIC WORKS ROADS AND INFRASTRUCTURE

LIMPOPO SOCIAL DEVELOPMENT

LIMPOPO SPORT ARTS AND CULTURE

LIMPOPO TRANSPORT AND COMMUNITY SAFETY

MPUMALANGA PROVINCE

MPUMALANGA AGRICULTURE RURAL DEV LAND AND ENV AFF

MPUMALANGA COMMUNITY SAFETY SECURITY AND LIAISON

MPUMALANGA COOPERATIVE GOV AND TRADITIONAL AFFAIRS

MPUMALANGA CULTURE SPORT AND RECREATION

MPUMALANGA ECONOMIC DEVELOPMENT AND TOURISM

MPUMALANGA EDUCATION

MPUMALANGA HEALTH

MPUMALANGA HUMAN SETTLEMENTS

MPUMALANGA OFFICE OF THE PREMIER

MPUMALANGA PROVINCIAL TREASURY

MPUMALANGA PUBLIC WORKS ROADS AND TRANSPORT

MPUMALANGA SOCIAL DEVELOPMENT

NORTHERN CAPE PROCINCE

NORTH CAPE AGRIC ENVIRON AFF RURAL DEV LAND REFORM

NORTH CAPE COOP GOVERNM HUMAN SETTLEM TRAD AFFAIRS

NORTH CAPE ECONOMIC DEVELOPMENT AND TOURISM

NORTH CAPE EDUCATION

NORTH CAPE HEALTH

NORTH CAPE OFFICE OF THE PREMIER

NORTH CAPE PROVINCIAL TREASURY

NORTH CAPE ROADS AND PUBLIC WORKS

NORTH CAPE SOCIAL DEVELOPMENT

NORTH CAPE SPORT ARTS AND CULTURE

NORTH CAPE TRANSPORT SAFETY AND LIAISON

NORTH WEST PROVINCE

NORTH WEST AGRICULTURE AND RURAL DEVELOPMENT

NORTH WEST ARTS CULTURE SPORTS AND RECREATION

NORTH WEST COMMUNITY SAFETY AND TRANSPORT MANAGEME

NORTH WEST COOPERATIVE GOVERNANCE TRADITIONAL AFFAIRS

NORTH WEST ECONOMIC DEVELOPMENT ENVIR CONS TOURISM

NORTH WEST EDUCATION

NORTH WEST HEALTH

NORTH WEST HUMAN SETTLEMENTS

NORTH WEST OFFICE OF THE PREMIER

NORTH WEST PROVINCIAL TREASURY

NORTH WEST PUBLIC WORKS AND ROADS

NORTH WEST SOCIAL DEVELOPMENT

WESTERN CAPE PROVINCE

WESTERN CAPE AGRICULTURE

WESTERN CAPE COMMUNITY SAFETY

WESTERN CAPE CULTURAL AFFAIRS AND SPORT

WESTERN CAPE ECONOMIC DEVELOPMENT AND TOURISM

WESTERN CAPE EDUCATION

WESTERN CAPE ENVIRONMENTAL AFFAIRS DEVELOPMENT PLA

WESTERN CAPE HEALTH

WESTERN CAPE HUMAN SETTLEMENTS

WESTERN CAPE LOCAL GOVERNMENT

WESTERN CAPE PREMIER

WESTERN CAPE SOCIAL DEVELOPMENT

WESTERN CAPE TRANSPORT AND PUBLIC WORKS

c) The grants were reinstated and all affected employees were sent notices that a review of their social grant was being conducted. The review process will enable SASSA to correctly apply the means test and update personal details. If any public servant is found to have received a grant that he/she is not entitled to, following the review process, further action will be implemented, which will include recovery of the amounts overpaid, as well as an official report to the department that employs them for disciplinary action to be taken by the respective department.

In addition to the above review project which is underway, SASSA is currently implementing the following measures to prevent persons who are not eligible for a social grant being able to receive these:

• • Engaging the Department of Public Works to establish a data sharing mechanism that will assist in identifying citizens who are part of the EPWP programme, though their wages may qualify them to receive the normal grants it is still necessary their applicants are taken through a means test.
  • SASSA, together with the Department of Public Service Administration (DPSA) and administrators of Persal (the government employees salary system) are currently engaging to look at future mitigations. The team is refining the criteria and specifications for data extraction and data sharing.
  • Engaging DPSA to consider mechanisms which will assist the state to take consistent actions against public servants who access social grants unlawfully.