Questions and Replies

Reply:

The honourable member is informed that question 486 was responded to and tabled on 04 April 2022 and questions 487 and 488 on 14 March 2022.

 

Reply:

The Spaza Shop Support Programme as implemented by the Small Business Development Portfolio (the Department of Small Business Development [DSBD], the Small Enterprise Development Agency [Seda] and the Small Enterprise Finance Agency [sefa]) is linked to a broader process of value chain development within the retail space. This includes the concurrent linking up of beneficiaries with wholesalers, bulk buying arrangements done through Spaza Support Associations, access to SMME products at wholesalers by Spaza Shops through localisation efforts of the DSBD and its entities as well as the formalisation and strengthening of the spaza shops by working with municipalities and the banking sector.

The responsibility to implement the Spaza Shop Support Programme lies with the entities, while the DSBD co-designed the Programme with the entities it continues to monitor and review the programme to increase uptake. Anecdotal evidence gathered by the entities responsible for implementing the programme has indicated that the major difference between the DSBD programme and the programmes implemented by provincial departments centers on the following issue:

• The funding structure employed by the provinces vs that employed by the DSBD: DSBD employs a blended finance model that incorporates an equal split between grant and loan funding whereas the provincial model is entirely grant funding.

Finally, the DSBD has facilitated the participation of relevant public sector and private sector role players in the development of spaza shops by providing access to the tools developed by these role players.

MS STELLA TEMBISA NDABENI-ABRAHAMS, MP

MINISTER FOR SMALL BUSINESS DEVELOPMENT

Reply:

a)  The details of the persons with whom the National Prosecuting Authority (NPA) has entered into agreements in terms of section 38 of the NPA Act are as follows:

1. Adv. Z Matebese, SC has been appointed to prosecute in the matter of State versus R Mkhwebane, which is a perjury case against the Public Protector opened as per Hillbrow CAS 536/08/2019. The perjury charges are based on the adverse factual findings by the Constitutional Court relating to the honesty and integrity of the Public Protector as per Public Protector v South African Reserve Bank (CCT 107/2018) 2019 (6) SA 253 (CC). At the heart of the allegations against the accused, is the false statements she made regarding the purpose of the meeting she had with Presidency on 7 June 2017, and the discussions she had with the Presidency regarding the remedial action in her final report in respect of an investigation into loan funds made available by the South African Reserve Bank to an entity called Bankorp Ltd, which was later taken over by Absa Bank Ltd. The matter is of a high-profile nature and involved an important Chapter 9 institution.

2. Adv. Nazir Cassim, SC, Adv. Sandra Freese and Av Thabile Ngubeni have been appointed in respect of a High Court Case in Bloemfontein re State versus N Mokhesi and 15 Others (Case Number 45/2021). The accused, during pre-trial proceedings, gave the State notice of their intention to file certain motion applications on various issues, including but not limited to inter alia that the evidence before the Zondo Commission be excluded in the criminal trial, as well as an application pertaining to the applicability of sections 27 and 34 of the Prevention and Combating of Corrupt Activities Act 12 of 2004, and allegations in respect of the infringement of various rights of the accused. The accused referred to allegations of impropriety on the part of the State and National Prosecuting Authority (NPA), including Senior State Advocate De Nysschen and the investigation team. The aforementioned counsel had dealt with similar applications for the State. They were appointed to provide services for the duration of the criminal proceedings under the aforesaid case number and any other related matters and appeal processes that may arise out of the criminal proceedings against the accused.

3. Adv. Izak Pansegrouw has been appointed in respect of a High Court Case in Johannesburg regarding the State v Sylla Moussa. The case emanates from the former DSO where advocates James De Villiers and Pansegrouw were seized with the matter. Both have since resigned. The accused is a Guinean national who, during June 2006, was charged with sixteen (16) counts of fraud, alternatively, three (3) counts of theft and three (3) counts of money laundering in terms of the provisions of the Prevention of Organised Crime Act (POCA), Act 121 of 1998.

The prosecution of Mr Sylla Moussa is the second longest outstanding matter on the High Court roll in Johannesburg. The matter has been dragging for more than twelve (12) years due to various and incessant interlocutory applications brought by the accused. The Judge President of Gauteng, Honourable Justice Mlambo has already on numerous occasions expressed his concern and displeasure with the apparent problems finalising the matter. He has already allocated a specific Judge to case manage the matter.

This is a very complex fraud matter and voluminous in nature. The preamble of the indictment reflects the following: The accused was in control of two (2) accounts held by corporate entities with ABSA bank. The said accounts were labeled “credit accounts” and bore no-risk status, which meant that the accused could immediately make withdrawals against cheque deposits made into the account. Electronic transfers can only be made from such an account if sufficient funds exist in that account, even if only by way of cheque deposits. The accused allegedly conducted “cross fire fraud” which is described in the preamble to the indictment as follows:

a) No value cheques or cheques of insufficient value (“facilitation cheques”) would be deposited into the beneficiary bank account at ABSA and drawn against the drawer’s account at ABSA.

b) The lack of funds in the drawer’s account to support the amount depicted as per face value of the facilitation cheques, resulted in an artificial credit being created in the beneficiary bank account.

c) The drawing and deposit of the facilitation cheques would be recorded as debit and credit entries respectively. The balances and credits recorded on the respective bank statements of the beneficiary and drawer bank account would therefore not be representative of the genuine or underlying funds created by such transactions, but would be artificial and designed to mislead Absa into accepting that the accused or the corporate entities were conducting bona fide transactions or were involved in genuine and bona fide arm’s length business transactions while they were not.

4. Adv. Wim Trengove, SC, Adv. Andrew Breitenbach, SC,Adv Hephzibah Rajah and Adv. Ncumisa Mayosi were appointed in respect of STATE VERSUS JACOB G ZUMA AND THALES SOUTH AFRICA (PTY) LTD (CASE NUMBER CCD 30/2018) in the KZN High Court. The accused (Mr. JG Zuma) had on the first day of the criminal trial on 17 May 2021, given the State formal notice of his intention to file a special plea in terms of section 106(1)(h) of the CPA and section 35(3) of the Constitution, Act 108 of 1996, wherein he would seek a recusal of the lead prosecutor, Adv. Billy Downer, SC. In the light of the accused attack under oath against Adv. Downer personally, the latter had to file an answer on behalf of the State under oath. Counsel were required to settle such an answer and to argue the matter before the criminal court, as Adv. Downer would be disqualified from doing so himself. A substantial part of these allegations in the accused affidavit were strikingly similar to the allegations which Zuma made in his permanent stay application previously before court. The full court had either found the allegations to be without foundation or struck out the scandalous and vexatious allegations, including those against Adv. Downer personally, in the permanent stay ruling handed down on 11 October 2019. The counsel previously engaged, namely: Adv. Wim Trengove, SC, Adv. Andrew Breitenbach, SC, Adv. Hephzibah Rajah and Adv. Ncumisa Mayosi, had all worked on the preparation, drafting and arguing of the permanent stay application against Mr Zuma. They accordingly had an in-depth knowledge of the history of this matter and the relevant arguments he advanced in his special plea.

5. Adv. C.J Mouton SC, Adv. G Wolmarans and Adv. Chuma Mcoseli were appointed in respect of THE DIRECTOR OF PUBLIC PROSECUTIONS GRAHAMSTOWN VERSUS TIMOTHY OMOTOSO & OTHERS in the Eastern Cape High Court.

The accused in the aforementioned matter stands before Court on the following charges:

a) COUNT 1

Managing an enterprise conducted though a pattern of racketeering activity (contravention of section 2 (1) (f) of the Prevention of Organised Crime Act 121 of 1998 as amended)

b) COUNT 2

Participating in the conduct of an enterprise through a pattern of racketeering activity (contravening section 2(1)(e) of the Prevention of Organised Crime Act 121 of 1998 as amended)

c) COUNT 3, 5, 9, 14, 16, 20, 23, 26, 30, 33, 35, 38, 41, 45, 46, 48, 49, 51, 54, 56, 57, 60 and 62

Trafficking in persons for sexual purposes (contravening section 71 (1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 as amended).

Alternatively, Involvement in Trafficking in persons for sexual purposes (contravening section 71(2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 as amended).

4) COUNT 4, 7, 8, 11, 15, 18, 22, 25, 32, 37, 40, 43, 44, 52, 53 and 59

Rape (contravening section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 as amended)

5) COUNT 6, 10, 13, 17, 21, 24, 27, 28, 29, 31, 34, 36, 47, 50, 55, 58, 61 and 63

Sexual assault (contravening section 5(1) of Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 as amended)

On 28 April 2021, the Defence filed an application in the Eastern Cape High Court for an order to declare a “mistrial” in the matter. When the Defence brought the said application, it became apparent that the allegations levelled against the prosecution team were quite serious and it became impossible for the State’s advocates seized with the criminal prosecution to continue dealing with the application in Court. In the circumstances, an application was made to the Honourable Minister of Justice and Correctional Services to approve the appointment of Adv. C.J Mouton SC, Adv. G Wolmarans and Adv. Chuma Mcoseli in terms of section 38(1) of the NPA Act 32 of 1998, since a determination had already been made that the matter should be opposed. The aforesaid section 38 Counsels have thus been appointed on behalf of the State to appear and argue the “mistrial” application.

6. THE STATE VERSUS CLIFFORD BISHOP AND OTHERS

The accused in the aforesaid matter are being prosecuted on a charge of arson, two (2) counts of murder and two (2) counts of attempted murder. Adv. Glenn Gregory Turner is prosecuting the matter. Adv. Turner has been on contract as a Senior State Advocate stationed at the Office of the Director of Public Prosecutions (DPP), Grahamstown. He was a member of the NPA for approximately 40 years. When his contract with the NPA expired on 30 June 2021, Adv. Turner requested his supervisor to complete the aforesaid matter, which at that stage was partly heard, in order to avoid inconvenience and costs.

7. THE STATE VERSUS XOLANI ZUNGU AND THREE (3) OTHERS

Adv. Greef was a Senior State Advocate attached to the Organised Crime Component, Durban. The aforesaid officer retired from the NPA with effect from 1 April 2021. She however declared to her supervisor willingness to return to complete the aforesaid matter without remuneration. The trial has been proceeding since April 2019, and the matter could not be finalised by the time Adv. Greef retired due to Covid-19 crisis.

The DPP held a view that it is in the interest of justice and expedient for Adv. Greef to continue prosecuting the matter, as she has been involved in the matter since its inception, and was au fair with all the challenges involved in the matter. The appointment of another prosecutor to continue with the matter would have potentially delayed the matter further, and involved unwarranted costs to the NPA.

1. The table below provides details of specific cases the aforementioned persons have been engaged to perform duties and functions for the NPA:

Name of Supplier	Business Unit	Description of Service	Ministerial Approval date	Cost
Adv. Nazeer Ahmed Cassim, SC	ID	Estina Dairy Farm	19 May 2020	R3 000/h
Adv. Isak Zirk Pansegrouw	DPP Gauteng South	State v Sylla Moussa	21 May 2020	R1 800/h
Adv. Wendy Greeff	DPP KZN	State v Xolani Zungu and 3 others	31 Mar 2021	R0
Adv. Zinzile Zandisile Matebese, SC	NPS	State v Busisiwe Mkhwebane	13 Apr 2021	R2 350/h
Adv. Glenn Gregory Turner	DPP Grahamstown	State v Clifford Bishop and 2 others	06 Sep 2021	R0
Adv. Andrew M Breitenbach, SC	NPS	State v J Zuma and Thales South Africa	24 May 2021	R3 600/h
Adv. Ncumisa Mayosi	NPS	State v J Zuma and Thales South Africa	24 May 2021	R1 900/h
Adv. Hephzibah Rajah	NPS	State v J Zuma and Thales South Africa	24 May 2021	R2000/h
Adv. Wim Trengove	NPS	State v J Zuma and Thales South Africa	24 May 2021	R4 800/h
Adv. Christiaan Johannes Mouton, SC	DDPP Port Elizabeth	State v Timothy Omotoso and others	31 May 2021	R3 200/h
Adv. Chuma Emily Mcoseli	DDPP Port Elizabeth	State v Timothy Omotoso and others	31 May 2021	R600/h
Adv. G Wolmarans	DDPP Port Elizabeth	State v Timothy Omotoso and others	31 May 2021	R2 200/h
Adv. Nazeer Ahmed Cassim, SC	DPP Bloemfontein	State v N Mokhesi and 15 others (Asbestos)	17 December 2021
Adv. Sandra Freese	DPP Bloemfontein	State v N Mokhesi and 15 others (Asbestos)	17 December 2021
Adv. Thabile Ngubeni	DPP Bloemfontein	State v N Mokhesi and 15 others (Asbestos)	17 December 2021

Reply:

The question falls within the purview of the Member of the Executive Council (MEC) for KwaZulu-Natal (KZN) province. Attached please find response from KZN. 

Reply:

(1)(a) From August 2013 up to 7 February 2020, the Department upgraded 106 courts into sexual offences courts in line with the MATTSO[1] Sexual Offences Courts (SOC) Model. Pursuant to the promulgation of section 55A of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007) (the Act), these courts are now referred to as the MATTSO courts.

On 7 February 2020, section 55A of the Act was promulgated into law to introduce the statutory sexual offences courts that must be established and resourced in line with the Regulations relating to Sexual Offences Courts. The Department is in the process of converting the MATTSO courts into the section 55A sexual offences courts. However, this does mean that the MATTSO courts ceased to function, as section 55A (5) of the Act empowers the MATTSO courts and the rest of the courts for the regional divisions to deal with sexual offences matters, even though they are not established as the sexual offences courts yet.

On 30 March 2022, the Minister received a letter of concurrence from the Acting Chief Justice to designate courts where the section 55A sexual offences courts must be established. With this progress at hand, it is therefore anticipated that the first batch of these courts will be released in the next financial year (2022/23).

(b) As indicated in paragraph (1)(a) above, at present only the MATTSO courts are prioritising the adjudication sexual offences matters until the establishment of the section 55A sexual offences courts. The Department is unable to provide the exact number of magistrates dedicated to the MATTSO courts, as the allocation of such presiding magistrates falls under the purview of the administrative functions of the head of each regional division (referred to as the Regional Court President). In seeking to formalise the execution of this judicial function per regional division, section 55A (7) of the Act requires the head of each regional division to issue directives with the purpose of ensuring that sexual offences matters receive priority at each sexual offences court. It is therefore expected that the Regional Court Presidents will issue these directives upon the establishment of the section 55A sexual offences courts planned for the 2022/23 financial year.

(2) During the period 1 April 2021 to 28 February 2022, the 106 MATTSO courts registered the following cases according to the following metrics:

Reply to Question (2)(a)	Reply to Question (2)(b)(ii)
Province	No. of MATTSO Courts	Total No. of new cases registered	Total No. Pending cases
Eastern Cape	6	151	327
Free State	9	403	593
Gauteng	21	695	810
KwaZulu-Natal	12	425	700
Limpopo	10	142	333
Mpumalanga	7	246	507
Northern Cape	12	150	274
North West	14	161	506
Western Cape	15	349	936
TOTAL	106	2 722	4 986

(2)(b)(i) During the period 1 April 2021 to 28 February 2022, the NPA reported cases of sexual offences finalised with conviction as follows:

	Total No of cases finalised with a verdict	Total No of Cases finalised with a Conviction	Percentage of Conviction
All provinces	4 040	3 008	74.5%
Courts attached to the 55 TCCs	1 190	910	76.5%

3. The Department is currently not collecting statistics according to the types of sentence imposed on convicted sex offenders, and this includes sentences imposed in terms of the minimum sentencing legislation referred to as the Criminal Law Amendment Act, 1997 (Act 105 of 1997). However, the correction of this matter is already receiving attention. In January 2022, the Department established a Task Team constituted by statisticians, gender-based violence and femicide (GBVF) specialists and the system developers drawn from DoJ&CD, NPA, Legal Aid South Africa, the Integrated Justice System (IJS) and the judiciary to address gaps in the current data metrics of the Integrated Case Management System (ICMS): Criminal and to align this data repository to the new changes introduced by the recent 3 GBV Amendment Acts of 2021. The upgrading of the ICMS: Criminal will unfold in a phase-in approach which gives priority to the inclusion of the additional data metrics on sentencing, as part of Phase 1. The latter Phase is expected to be finalised in 2022/23 financial year.

While the Department’s ICMS upgrade is in progress, the NPA is collecting statistics on the imprisonment sentences imposed on convicted sex offenders, but in a limited scale. During the period 1 April 2021 to 28 February 2022, the NPA reported that the 55 Thuthuzela Care Centres (TCCs) recorded the following breakdown of sentences imposed exclusively on convicted rape offenders:

Offence	Type of Sentence	Number
RAPE	Life imprisonment	173
	20-25 years imprisonment	89
	10-19 years imprisonment	338

Please note that these statistics do not give the complete performance of all courts in the country, as it is limited only to those courts that are linked to the 55 TCCs.

1. Ministerial Advisory Task Team on the Adjudication of Sexual Offences Matters ↑

Reply:

1. SASSA and DSD officials have sat on and advised the steering committees which guides some of the work of FinMark Trust (FMT). FMT is a non-profit organisation (NPO) focused on making financial markets work for the poor in Southern Africa (SA). The NPO is financed from donor funding and conducts research work that the country as a whole, including SASSA, can benefit from. Some of the research they conduct include the following:

• (i) FMT conducts an annual Finscope consumer survey in SA funded by the Banking and Insurance sectors, National Treasury, South African Reserve Bank and the Financial Sector Regulatory Authority. The results from the survey form part of the financial inclusion dialogue in SA and are presented to key stakeholders. The presentations to SASSA have happened regularly over the years at no cost to SASSA. FMT also publishes the results from these surveys on their website to make their results accessible.
• (ii) FMT/United Nations Development Programme (UNDP) approached SASSA in 2018/2019 to conduct research on the SA Grant population to understand the need for digitisation of recipient payments, their requirements of financial literacy/education and to assess support for grant recipients to improve their capacity for livelihoods. The support was offered to SASSA at no cost and approved by the then Acting CEO. The scope of work was approved by, National Treasury, and Department of Social Development. Attached is the letter of support for the project which the then Acting CEO signed as well as the concept note for the projects which was formulated by both FMT and UNDP.

In 2020, SASSA approached the Bill and Melinda Gates Foundation for capacity building support on various areas including, improving customer experience and cost through improved digitisation, strategic communication, cyber security, data architecture, project management and gender integration (letter attached). After agreeing on the scope of work, the Gates Foundation using its own procurement processes secured the services of FMT to support SASSA in the aforementioned areas.

2. 

(a) Scope of work done is available and provided for in the attached documents.

(b i) The Memorandum of understanding (MoU) underscores the scope of work

ii) The MoU was signed by the current Chief Executive Officer of SASSA

Reply:

(1)(a) Whilst there are 10 million barrels of crude oil in the terminal, only 8.7 million barrels are accounted as inventory and the balance is working stock.

(b) The cost per barrel is as per prevailing market rate. Each grade of Crude oil is priced differently at a premium or discount of Brent Crude Oil as prevailing in the market. As at the 4th of April Brent Crude Oil was trading at $104/bbl.

(c) As at the 28th of March 2022 the cost value of the strategic reserves in tank was R 1 750 764 252. This is what would be reflected on the annual financial statement in terms of the accounting rules.

(2) There has not been any rotation of strategic reserves during the abovementioned periods.

(3) As per the joint statement issued by the National Treasury and the Department of Minerals and Energy, the Strategic stock will be utilised to provide a R 6 Billion cover for revenue lost in the reduction of the general fuel levy for two months. This will effectively “reduce the general fuel levy for Petrol from R3.85 per litre to R2.35 per litre and reduce the general fuel levy for diesel from R3.70 per litre to R2.20 per litre”

Reply:

The Moral Regeneration Movement notes the incidents of violence and substance abuse in schools which involves, amongst others, sexual abuse, allegations of racism, bullying, drugs and alcohol abuse amongst learners. The apex of these being murders amongst learners.

The Moral Regeneration Movement continues to intervene to address these ills in our schools and communities. The Moral Regeneration Movement has engaged and encouraged public, private, religious, Traditional and Inter-Faith Leaders, civil society formations, and other stakeholders to partner in adopting prioritised school project. It has further engaged and partnered with the Department of Basic Education in incorporating the Moral Regeneration Movement’s Charter of Positive Values, and other moral renewal programmes as part of the curriculum.

In this regard, the Moral Regeneration Movement is committed to:

• Develop programmes which are inclusive of ethical, and values driven leadership in schools and communities
• Promoting school safety in partnership with Department of Basic Education and South African Police Service.
• Empowering community leaders and structures to address social issues facing school and communities, in particular, to eradicate racism and xenophobia in schools and communities.

In promoting the Charter of Positive Values and the Bill of Rights in places of learning, workplaces and communities, the Moral Regeneration Movement view morals as societal, and transcend community confines, hence it has developed a programme to promote ethical leadership across society. This programme has footprints in workplaces and institutions of higher learning to:

• Develop ethical and values driven leadership in institutions of higher learning and communities
• Have each university to adopt the charter of positive values
• Develop and nurture ethical leadership in student leaders
• Address social ills facing institutions of higher learning
• Create platforms for ongoing conversation on the values and ethics that student leaders should aspire towards.

The Ethical Leadership Project further seeks to support leaders, educators and communities to set up mechanisms, and systems that will promote ethical leadership, re-instate discipline in our schools, and foster a sense of accountability towards a moral and ethical society for the common good, and to address the abuse children in our schools in order to restore values and morals among the youth.

- END -

Reply:

The Department of Basic Education does not keep statistical information on sexual assault nationally. This information resides with Provincial Education Departments. However, as the Department is building the South African Schools Administration and Management System, this element is accommodated in the plans. It is advised that the Honourable Member obtains the information directly from provinces.

Reply:

1. The amount was used for administration costs which may include administration fees, staff costs, travel costs required for administration of the grant by Provincial Departments of Social Development.

a) The total budget allocation for the Presidential ECD Stimulus Relief Fund was R496,250 for the 2020/21 financial year;

b) Of the total budget above, an amount of R6,409 million was budgeted for a once-off administration cost.

c) No, administration costs were charged as a once-off (refer to b). Of the budgeted administration costs, an amount of R1,282 million was spent as per the breakdown below:

Province	Amount	Commodity
Northern Cape	R 283 920-00	Advertising and Marketing
Western Cape	R 998 380-00	Service Providers staff cost and travel costs for site visits across the Province conducting second level verification of ECD facilities and practitioners
Total	R1 282 300-00

(c)(d)

Province	Service Provider	Amounts
Northern Cape	NCRF (National Community Radio Forum) Northern Cape	R283 920-00
Western Cape	Foundation for Community Work	R 998 380
Total		R1 282 300

Reply:

In improving contract management at DCS, contract management at Department of Correctional Services, contract owners or End Users are reminded in writing twelve (12) months ahead and within six months another follow up is made in advance to ensure that contract periods or durations do not end before a new service provider is appointed.

In addition, this contract register also assist to indicate if the service provided is still required and what are the implications going forward.

The department also issued a directive that no extension of contract will be entered into as part of improving contract management and reducing irregular processes.

END

Reply:

A senior manager at the level of Chief Director is currently on precautionary suspension in the department. The official has been on suspension for a period of 212 days for allegations in relation to attack and assault of a fellow colleague. Disciplinary processes relating to this matter are at an advanced stage.

Reply:

Section 3(7) of the Public Service Act, 1994 gives powers to Executive Authorities for purposes of recruitment. The Department of Public Service and Administration (DPSA) however supports the Minister for the Public Service and Administration (MPSA) in the processing of Cabinet Memoranda for purposes of appointments of Directors-General and Deputy-Directors-General at National government. Insight is therefore only limited to the processing of such Cabinet Memoranda.

(a) & (b)(i)(ii)(ii) According to available records, the DPWI submitted six (6) Cabinet Memoranda, five (5) of which were referred back for additional information and to seek clarity pertaining to the adherence to the recruitment regulatory and legislative framework.

(c) Three (3) Cabinet Memoranda were tabled following clarity being sought from the DPSA. A total of three (3) Cabinet Memoranda are still receiving attention by the DPWI in order to clarify matters raised after, the DPSA provided guidance on how to properly apply the regulatory framework.

Reply:

UMALUSI’S RESPONSE TO PARLIAMENTARY QUESTION 1236

 

What steps will be taken by her department to speed up the filling of vacancies in the Council for Quality Assurance and Further Education and Training?

a) Umalusi has a total staff establishment of one hundred and thirty-eight (138) approved positions on the structure.

b) Of the one hundred, and thirty-eight (138) approved positions, one hundred and thirty (130) positions are filled.

c) The organisation currently has eight (8) vacancies, and seven (7) vacancies are in the process of being filled. One (1) vacancy will be filled after completing the infrastructure renovations later during the current financial year.

d) Due to the ever-increasing pressures in delivering a national mandate, there is a need to expand the Umalusi staff establishment. The organisation intends to submit a request to the Council during the current financial year to create additional posts, but the approval and filling of these posts will be considered within the limited budget allocation.

Reply:

According to the response received from the Provincial Department of Human Settlements, It is anticipated that the houses will be concluded by 31 December 2022. However, it must be mentioned that since the inception of the project, two contractors have been appointed, one in 2015 and the second one in 2017, both abandoned the project. The project currently has the following milestones:

• 121 Foundations,
• 79 Wall plates and
• 10 Completed units

The Department has since allocated its internal Inspectors, NHBRC, and the Planning Unit through the assistance and appointment of a Quantity Surveyor to further ascertain the milestones on the ground and determine the costs before the appointment of another contractor.

Reply:

1. Mhlanagazane Primary School had only 83 learners by the end of 2021.

• It is classified as a small and non-viable school in terms of the Government Notice No. 37081 on minimum uniform norms and standards for public school infrastructure.
• It is planned to be merged with Phumelele Primary School for quality teaching and learning and maximum use of resources to the benefit of all learners. The merger and closure will be as per sections 12A and 33 of the South African Schools Act 84 of 1996, as amended.

(2)       whether her department has consulted the community on the decision; if not, why not; if so, what are the views of the community on the closure of the school?           

Response:

         Mhlanagazane consultations:

There were a number of consultations that were done for the closure of Mhlangazane Primary and its merger with Phumelele Primary. There were consultations on the following dates:

11 June 2019; 19 June 2019; 9 September 2019; and 7th June 2021 (Parents meetings).

• Views of the community

The Chief of Esandleni and some members of the community mentioned that the school is the only Government structure available in the area and on those grounds, they wanted the school not to be closed or merged with Phumelele Primary.

Other members of the community who are in support of the closure and merger of Mhlangazane with Phumelele Primary schools have since removed their children and registered them at Phumelele.

As it stands, there is no likelihood that learner enrolment at Mhlangazane Primary will increase. Under such circumstances, the school will forever have the challenge of not receiving effective teaching and learning.

Reply:

It is important for the Honourable Member to note that adoption is regulated in terms of the Children’s Act (Act No. 38 of 2005), which outlines which processes must be followed to protect the best interest of the child. The Department has to follow all the regulations to comply with the provision of the Act.

1. (a) It should be noted that there is no backlog for adoption applications. The total number of adoption cases that the department is currently processing is 41, with provincial breakdown as follows:

Province	Number of applications being processed currently
Eastern Cape	10
North-West	8
Mpumalanga	6
Northern Cape	4
Free-State	0
KZN	13
Gauteng	0
Western Cape	0
Limpopo	0
TOTAL	41

(b) Not applicable as there is no backlog

2. (a) Refer to (b)

(b) Refer to (b)

Reply:

According to available records, the Department of Social Development has not incurred any irregular expenditure relating to the appointment of a service provider/company for communications and marketing. I will appreciate it if the Honourable Member can furnish me with further details on the matter, including the financial year so I can provide the relevant information.

Reply:

There is currently no research findings on this matter and I would not want to speculate. However, it is important for the Honourable Member to note that Section 21(1)(b) of the Children’s Act (Act No.38 of 2005) provides, that an unmarried father of a child, regardless of whether he has lived or is living with the mother of the child, acquires full parental rights and responsibilities over the child if he –

(i) consents to be identified or successfully applies to in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law;

(ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and

(iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period’.

Furthermore, the Act confirms in Section 36 a presumption in respect of a child born out of wedlock (parties who were not married to each other). The presumption is that the person whom had sexual intercourse with the mother at any time when that child could have been conceived will be presumed to be the biological father of the child in the absence of evidence to the contrary which raises reasonable doubt. The Act also states that as paternity is determined on a balance of probabilities, the man is not entitled to demand scientific proof and that in relevant instances, the court has the inherent power as upper guardian of all minor children to order such tests if it is in the best interests of the child.

Reply:

A reply to the above question should be understood in the proper context of, inter alia: our Constitution, our broad foreign policy objectives, and the values, principles and norms that guide South Africa’s relations with the world and engagement in the multilateral system, in this case, in the field of human rights in the UN Human Rights Council (HRC).

South Africa’s foreign policy and engagement with the world is guided by the supreme law of our land, the Constitution. Our Constitution states that the Bill of Rights is a “cornerstone of democracy in South Africa” and affirms the democratic values of human dignity, equality and freedom (section7(1) of the Constitution). Further, the Constitution places an obligation on the state to “respect, protect, promote and fulfil the rights in the Bill of Rights.” (section 7(2) of the Constitution). It is important to note that the obligation on the state to “respect, protect, promote and fulfil the rights in the Bill of Rights” is stated without limitation; that is, the obligation is not only limited to the actions, decisions and policies of the South African government in the domestic setting, but that this obligation rests on the South African government even when it acts beyond its territorial boundaries in the field of foreign policy.

One of the fundamental commitments we made, as the people of South Africa, when we adopted the Constitution as the supreme law of our land is that we shall “build a united and democratic South Africa able to take its rightful place as a sovereign [and responsible] state in the family of nations” (preamble to our Constitution). What that commitment means, is that, inter alia: (a) South Africa shall no longer be a pariah and rogue state in the eyes of the international community; (b) South Africa shall be a cooperative member of the family of nations and shall be willing to be bound by and respect the rule of international law; (c) South Africa will play a constructive role in international politics and will put its shoulder to the wheel and help develop the kind of norms, standards and values at the multilateral level (in this case, in the field of human rights) that will foster respect for human dignity, promotion of human rights, and ending racial discrimination and all forms of intolerance; and (d) South Africa shall no longer use its sovereignty to violate international law (international human rights law, international humanitarian law, and the international law of protection).

South Africa’s aspiration for membership of the HRC is inspired by the above considerations and strategic objectives. Our desire to go back into the HRC is also informed by our national interest as articulated in important policy frameworks of our government, including the National Development Plan (NDP), specifically, chapter 7 (“positioning South Africa in the world.”) as well as the commitments contained in the African Agenda 2063 (the Africa we want). South Africa is an important so-called middle power. We don’t use economic dominance of military might to pursue our national interests. We depend on the institutions of global governance to do this.. Hence the importance of our role in the Council.

The field of human rights is a highly contested area at the multilateral level, in this case, in the HRC. For instance, there are some countries that argue that the only human rights that matter, and therefore worthy of protection, are the so-called civil and political rights (eg freedom of speech, the press, right to vote, etc.); and that other rights, known as economic, social and cultural rights (eg right to adequate housing, right to nutrition, right to a clean environment, right to development, etc.) cannot be given the same treatment since these rights are said to be ‘non-justiciable.’ These socio-economic rights are justiciable in the South African Constitution and South Africa is in the forefront of working towards the elimination of the false dichotomy between ‘development’ and democracy.

The HRC is an important multilateral arena where South Africa can “take its rightful place as a sovereign [and responsible] state” and pursue its foreign policy objectives and promote its values. This is where South Africa can play a constructive and meaningful role and promote international cooperation and multilateralism in the field of human rights. The HRC will provide a platform for South Africa to participate in the development of norms and standards in the field of human rights that will foster the promotion, protection and practical realisation/enjoyment of all human rights by all people across the world. Given our commitment to multilateralism, our presence in the HRC will provide space to push for the transformation of the global system of governance from the power-based system to a rules-based system and to enhance the efforts to create a just and equitable global order. Thus, the HRC constitutes an important terrain within which to pursue South Africa’s national interests and to influence the future direction of the global system of governance.

In summary, the main aim of South Africa’s campaign for election into the HRC is to achieve the following foreign policy goals: (a) to pursue our national interest; (b) to promote our values, (c) to contribute to the development of a rules-based system of interstate relations (multilateralism); and (d) to help create a global environment that is conducive to peace, development, respect for the rule of international law, advancement of human rights and freedoms, and the development of Africa.

In the HRC, South Africa will focus on thematic areas that resonate with our priorities such as (a) advancement, promotion, protection and practical enjoyment of human rights (including the rights of women, children and persons with disabilities); (b) elimination of gender based violence; (c) addressing socio-economic inequalities, (d) combating racism and racial discrimination; and (e) protection of the rights of migrants, refugees, children, and other persons of concern as well promoting access to the right of everyone to the highest standards of physical and mental health, including access to medicines and vaccines.

South Africa’s tenure in the Human Rights Council (2023-2025) will also focus on the full and effective implementation of the Durban Declaration and Programme of Action as a component of global efforts towards the elimination of racism, racial discrimination, xenophobia and related intolerance. To this end, South Africa will continue to (a) take a lead on the implementation and follow-up to the programme of activities of the Decade of People of African Descent (2015-2024); (b) support the activities and programmes of the newly established Forum on People of African Descent; and (c) ensure that the aims, objectives and mandate of the DDPA are realised. South Africa will also play a key role in the processes to start negotiations on the Declaration on the rights of people of African descent.

The HRC is set to be “reviewed” during the period 2021-2026. Although the fullest terms of this “review” have not yet been defined, it is anticipated – based on the views of other countries, particularly the western countries – that the latter countries will push for far-reaching changes to the mandate of the HRC and seek to eliminate some of the items that are currently on the agenda of the Council. For instance, the US has already nailed its colours to the mast by publicly indicating that Washington will seek to eliminate the item (item number 7) on the agenda of the Council that deals with the question of Palestine and other occupied Arab territories as well as the question of racism (item number 9). As far as South Africa is concerned, the “review” of the HRC should aim to preserve the mandate of the Council and keep intact the items dealing with the question of Palestine and racism and other forms of intolerance. It would be important therefore that South Africa is present in the Council to fight for these objectives. The anti-racism agenda is an important flagship programme for South Africa given the responsibility we have in this regard following the outcomes of the 2001 Durban World Conference Against Racism. Any attempts by other countries to delete this important agenda from the agenda of an important institution such as the HRC should be resisted. At the time when racism, racial discrimination, xenophobia and other forms of intolerance are raising their ugly heads, all efforts should be made to ensure that the international community is focused and committed to joining the fight to rid the world of these scourges. South Africa needs to be in the Council to champion this fight.

Reply:

The information has been sourced from provincial education departments (PEDs) and will be provided once received from the PEDs.

Reply:

The matter in question relates to the competence of the Ministry of Finance and the Honourable Member is advised the question to the relevant Executive Authority.

Reply:

Attached find here: Reply

Reply:

(a) Total number of environmental inspectors is 94

(b) The breakdown in respect of Environmental Mineral Resource (EMRIs) in each province is as follows:

No. Seq	REGIONS	EMRIs
1.	Head Office	16
2.	Limpopo	12
3.	Northwest	14
4.	Mpumalanga	12
5.	Northern Cape	10
6.	Free State	7
7.	KwaZulu Natal	7
8.	Gauteng	7
9.	Western Cape	6
10	Eastern Cape	3

(c) A number of dynamics are taken into consideration when Inspectors are assigned with the functions and responsibilities, which may amongst others include the Inspectors capacity (skills and experience) required to perform functions relating to the dynamics of such a province’. The environmental challenges and dynamics of a particular Region/Province would also form the basis of the capacity required to deal with such.

(d) All the EMRIs have undergone the necessary training by an assigned Institution with more focus on the National Environmental Management Act (Act 107 of 1998). The training largely revolves around the functions they need to perform as per the relevant legislation, primarily being NEMA. All the Performance standards set for the inspectors in this regard revolve around NEMA. The adherence to the standards in this regard are duly monitored by their managers and supervisors who are graded as Grade 1 EMRIs.

 

Reply:

1. The Department of Public Service and Administration (DPSA) received files of 154 public servants who are alleged to have fraudulently applied for the R350 grant from the South African Social Security Agency (SASSA) on 11 March 2022. The DPSA has requested SASSA to assist with the drafting of charges before engaging the affected departments. The Fusion Centre met on the 25th March 2022, where the DPSA put the matter on the agenda for discussion. The meeting resolved that the DPSA should continue with the distribution of these files to the affected departments without the draft charges. Once the files are distributed, the DPSA will continue monitoring progress in the disciplinary proceedings as discipline management is a decentralised function.

2. The DPSA has not received any information regarding public servants who are currently being investigated and/or facing a disciplinary hearing. The DPSA believes that all public funds that accrue wrongly to anyone should be recovered.

3. The DPSA views these as serious allegations and anticipates that the affected departments will be calling for the maximum allowable sanction allowable in the disciplinary code. However, the DPSA cannot pre-empt the outcome of disciplinary hearings as each case is dealt on its merit.

Reply:

a) For the period ending 31 January 2022, the analysis for the unpaid invoices of more than 30 days was as follows:

(aa) >30 days	(bb) >60 days	(i)(cc) > 90 days	(i)(dd)>120 days and above
No.of invoices	Total Value	No.of invoices	Total Value	No.of Invoices	Total Value	No.of Invoices	Total Value
3 205	R15 193 370.14	1078	R3 474 541.90	745	R3 014 842.40	2 507	R4 770 030.52

( c) It is envisaged that by the end of March 2022 the above-mentioned outstanding invoices would be paid.

END

Reply:

(1) & (2) The Public Service Act, 1994 and Public Service Regulations, 2016 requires that persons who are appointed in the Public Service must be fit and proper and further indicates that any person who is appointed must meet the inherent requirement of the job. In the making of any appointment in terms of section 9 of the Public Service Act, 1994, in the public service- (a) all persons who applied and qualify for the appointment concerned shall be considered; and (b) the evaluation of persons shall be based on training, skills, competence, knowledge and the need to redress, in accordance with the Employment Equity Act, 1998 (Act 55 of 1998), the imbalances of the past to achieve a public service broadly representative of the South African people, including representation according to race, gender and disability.

These legislative prescripts apply to all appointments in the Public Service which must be open, transparent and fair to all of those who apply. The intention is to seek the best person for the post within the context of the regulatory framework.

Reply:

1. A security incident was reported, the investigation has been completed and submitted to the delegated authority. The recommendations of the report were approved and are currently in implementation. Furthermore, a criminal case has been reported to the Police (SAPS case number 155/1/2022)
2. Yes, a report was submitted. The centre has been stabilized and the 9four perpetrators identified in the incident have been subjected to disciplinary processes as prescribed. In addition, the offenders have been reclassified as high risk and transferred to an appropriate facility. The Emergency Support Team (EST) has been deployed to augment security in the Management Area. In addition, the Management Area is implementing an action plan to eliminate contrabands from entering the centre.

END

OBJECTIVE	STRATEGY	ACTIVITIES
To maintain a secure and safe environment that is conducive to the rehabilitation of inmates and the attendance of remand detainees in court processes.	Working with Intelligence Agencies	Collaborate with Intelligence agencies i.e., Secret Security Agency (SSA), South African Police Services (SAPS), Crime Intelligence, South African National Defence Force Intelligence; Information sharing and actions to be taken on High Risk offenders, officials, members of the community and illegal activities taking place inside and outside correctional facilities.
	Vetting and Screening of all Officials	All Officials to undergo vetting / screening
	Profiling of Gang members	Photos are taken of all the tattoos on the offenders’ body. (Upper and Lower body); Record all additions and changes to profiled tattoos with regular intervals/ as soon as it becomes known; Utilisation of community profiling information; Previous history of offences; Maintenance of Electronics Record Systems for easy reference; Track and trace including monitoring of re-offending patterns.
	Management of Security Information	Identify gang members and high risk inmates upon admission. All warrants (J7) and relevant documents are screened upon admission; All cases of intimidation/threats must be registered with the Head of Correctional Centre (HCC); HCC must liaise with Area Commissioner and external law enforcement agencies such as the SAPS and SSA in cases of intimidation and threats; Identified high risk inmates (syndicates/organised crime and high risk awaiting trials) should be transferred to Correctional Centres away from their power base.
	Establishment of Security Committees	Committees have been established in order to effectively manage security activities in centres such as searching, segregation of offenders, discipline, etc. Hold monthly meetings to analyse incidents, security breaches and compliance to security protocol.
To facilitate the combatting approach to prevent ,reduce and eradicate disruptive groups (e.g. gangs) on the Management of Correctional Centres;	Interventions to discourage Gangsterism	Offenders that divulge security information leading to positive results are rewarded in line with Special Remission policy; Disciplinary actions are taken against gang members and Staff for involvement in gang activities; Criminal activities reported to law enforcement agencies; Develop an Information gathering and processing capacity in order to implement a “Virtual Analytics environment “ linking collectors, exploiters , analysts, and stakeholders electronically , to improve its responsive to and the management of gangs.
	Development and Implementation of an Information Management
To enable inter-sectorial co-operation (i.e. government and civil society) to promote Correctional Centre and Community safety	Establish Inter-Sectorial forums to promote Correctional Centre and community safety	Regular meetings between Head of Centres and Law Enforcement Agencies DCS Management and officials participate in the following structures: Provincial Joint Operational And Intelligence Structure (PROVJOINTS), National Joint Operational And Intelligence Structure (NATJOINTS), National Intelligence Coordinating Committee (NICOC), Anti-Gang Unit (AGU), Community Forums, Special Operations, etc. Educate learners at Schools and Community members about the danger of engaging in Gang activities Educate and train officials on how to infiltrate gang operations
To address the potential negative effects of incarceration;	Interventions to discourage Gangsterism:	• Inmates that divulge security information leading to positive results are rewarded in line with Special Remission policy; • Disciplinary actions are taken against gang members and Staff for involvement in gang activities; • Criminal activities reported to law enforcement agencies;
	Development and Implementation of an Information Management System	Develop Information gathering and processing capacity in order to implement a “Virtual Analytics Environment “ linking collectors, exploiters , analysts, and stakeholders electronically , to improve responsiveness to the management of gangs .
To address the potential negative effects of incarceration;	Effective orientation of inmates on admission and during incarceration;	An orientation/ Information manual is availed to all offenders upon admission and during Case Management Committee processes (CMC); Orientate all Remand Detainees on admission; All inmates are informed of Unit rules upon admission and continuously thereafter; All inmates are sensitised to the threats of Gangsterism on a continuous basis; Implementation of Integrated Inmates Management System (IIMS).
To develop and build knowledge about Gangs and effective response in Gang Management to inform, review and monitor / improve strategies	Ongoing Research to improve knowledge on Gangs and other disruptive inmates groups and creating safer correctional centers	Department is currently in negotiation with Council for Scientific and Industrial Research (CSIR) to sign an MoU to assist with research on various topics of which gangsterism is included.
	Mitigation of gang activities	The process of training officials on basic intelligence and information gathering is underway; Ensure separation of inmates involved in gang activities from the rest of inmate population, vulnerable inmates, first time offenders and offenders with further charges.

END

Reply:

Attached find here: Reply

Reply:

This is a legal matter between the council and the councilor concerned, hence as a department we will await the council to report any actions taken by the council and the MEC responsible for local government in the province. We will forward the report to the honourable member as soon as it is received.

The Department, through the Municipal Structures Act, established Code of Conduct  for councilors to deal with matters such as this.

Reply:

Attached find here: Reply

Reply:

Statistical information collected and disseminated by the Department is an aggregate of “all” farms in the sector. As a result, the production information collected, does not look at individual farming units in a particular area. A study has to be conducted, and a statistical model which comprises variables that can withstand scrutiny has to be developed. This will inform the “economic consequences that farm attacks in which farmers and farmworkers have been murdered have to the farming economy and produce”.

Without such a detailed study, the Department’s response to the question would be highly speculative.

Reply:

No, there are no intentions of developing semen banks in Districts.

South Africa possesses superior animal genetic materials that is sought after all over the world. These animals were developed by objective breeding over a significant number of years. Artificial insemination was never prioritised as an instrument to improve livestock fertility due to huge capital requirements to establish bull-testing centres for semen collection and distribution. However, the Department of Agriculture, Land Reform and Rural Development has over the years collaborated with Provincial Departments of Agriculture to implement animal improvement programmes that involve donation of animals to improve reproduction of animals in the hands of emerging and developing livestock farmers.

Reply:

Attached find here: Reply

Reply:

1 (a) The Department has a total number of 1978 staff members, and 1123 are women. The number of 1123 female staff members represent 56% of the staff in the Department.

(b) (i) & (ii) There are 39 female Ambassadors in total representing South Africa across the globe. In terms of percentage, the 39 female Ambassadors represent 34% of the total number of Heads of Mission (Ambassadors). South Africa has a total number of 115 Missions, and 91 Heads of Mission posts are filled. The process of filling the vacant posts of Heads of Mission is currently underway. The nominated Heads of Mission designates are in training. The nominations will assist in improving the representation of women.

2. Yes, the Department has a Gender Policy, appropriate guidelines and the institutional framework for gender equality and women empowerment trajectory. Through this policy we are required to:

a) Create an enabling policy environment translate commitments into concrete action;

b) Ensure that gender consideration are effectively integrated into all aspects of departmental policies, activities and programmes; and,

c) Establish an appropriate institutional framework and mechanism for the advancement of gender equality. It also includes the integration of Gender perspectives on the programmes offers by our diplomatic Academy. Guided, by the principles of Employment Equity (Act, No. 55 of 1998) the department strive to achieve equity in the workplace by promoting equal opportunities and fair treatment through elimination of unfair discrimination.

Reply:

Attached find here: Reply

Reply:

The response below was provided by the Mpumalanga province:

 (1) (a) The report was tabled before the municipal Council on 10 February 2022.

(b) The municipal Council discussed the report and developed an action plan on how they will implement the recommendations.  

(2) The matter of the salary increases and other matters were some of the reasons why the provincial department instituted an investigations in terms of section 106 (1)(b) of the Municipal Systems Act 2000 at the municipality. The report has indicated that there were clear breaches of the Local Government: Municipal Systems Act, 2000 and regulations on the appointment and conditions of employment of Senior Managers. The recommendations have been made that all monies paid unlawfully as a result of the illegal salary increases must be paid back to the municipality and that disciplinary action must be taken against all those implicated.

 (3) As indicated above, the investigation conducted has revealed that there were clear breaches of the Local Government: Municipal Systems Act, 2000 and regulations on the appointment and conditions of employment of Senior Managers.  The recommendations have been made that all monies paid unlawfully as a result of the illegal salary increases must be paid back to the municipality and that  disciplinary action must be taken against all those implicated. The monies will be recovered and the municipality has started the process of recovering such monies.

 (4) The recommendations of the investigation report are clear on what actions need to be taken on each of the findings in the report. Some matters will be dealt with by the municipality, whilst those with criminality will be handed over to law enforcement agencies for further action. The matter of the former CFO and the company implicated is one of those which will be investigated further by the law enforcement agencies.

(5) Workshops have been conducted in all provinces targeting relevant officials in municipalities on the regulations on the appointment and conditions of employment of Senior Managers. The Local Government Anti-Corruption Forum will also assist in terms of strengthening oversight on corruption related matters. Working with MECs for COGTA in the provinces we will ensure that there is compliance to the regulations.

Reply:

a) The upsurge of locust swarms that have invaded parts of the Republic of South Africa have destroyed some of the grazing land. The grazing land that was destroyed in some farms in the Eastern Cape are (Stytlerville, Willowmore, Jansenville, Klipplaat, Aberdeen and Rietbron) and farms in Northern Cape are (Kenhardt and Marydale). As a result, the farmers indicated that they have to buy the feed for animals in those areas because locusts destroyed the vegetation. Some of the maize plantation farms were affected in Britstown in Northern Cape and Aberdeen in Eastern Cape.

b) The estimated amount which would be required to deal with the spread per year is R218 million and the breakdown is as follows:

• R136 million for procurement of pesticide;
• R30 million for payment of ground control contractors;
• R35 million for payment of aerial spraying contractors to support ground team on inaccessible areas;
• R15 million for procurement of additional spray pumps; and
• R2 million for procurement of personal protective equipment.

Reply:

The Amathole District Municipality has appointed an independent panel to investigate the matter and to submit the report to Council. I have requested the Municipality and MEC of COGTA to furnish me with the report, and I will update the response as soon as it is rceived.

BACKGROUND INFORMATION:

Reply:

South Africa (SA) has been exporting red meat from the Republic to the rest of the world for a number of years. Over the past 10 years, there has been a steady growth and increased average value of red meat exports in SA since the International Animal Health Organisation (OIE) declared the country free of Food-and-Mouth (FMD) disease in 2014. The declaration has given the country access to a number of export markets like Kuwait, United Arab Emirates (UAE) and Jordan from 2015 onwards. For the first time in history, SA became a net exporter of beef in 2016 by 1,7%. The estimated value of red meat exports showed an increase of 0,5%, from R 3 095 million in 2020 to R 3 110 million in 2021.

(b)(i),(ii) Both small and large livestock has been exported to the international markets over previous years. The total number of small livestock exported was 102 337 in 2021, a significant decrease of 22,7% as compared to 135 579 of the previous year. The estimated value during 2021 decreased severely by 34,8%, from R 293 314 to R 191 184. This was due to the COVID-19 trade restrictions to other countries. The total number of large livestock exported was 47 829 in 2021, a significant increase of 30,4% as compared to 36 676 in 2020. The estimated value in 2021 increased by 11,7%, from R 315 680 to R 352 770. In 2020, SA ranked 15th position globally as beef exporter, which shows that the industry has a potential to grow exports to high-value markets. However, an effective red meat traceability system is required to improve South Africa’s credibility in the OIE and exports market.

Table 1 below depicts the red meat exported in terms of Small and Large livestock in the previous ten (10) years. Information and analysis is not available for the years 2010 to 2014 but the statistics for the subsequent years are representative.

Year	Total Red Meat Exported	b (i) Small livestock	b (ii) Large livestock
	Total in Kilograms	Rand value	Numbers exported	Rand value	Numbers exported	Rand value
2015	50 014 922	R2 355 280 908	42 102	R56 324	201 454	R247 444
2016	50 673 733	R2 692 713 067	47 576	R57 454	41 677	R295 806
2017	43 667 944	R2 445 641 937	54 476	R71 462	51 983	R278 275
2018	41 004 154	R2 242 353 196	84 395	R84 347	29 758	R357 166
2019	35 004 979	R2 083 566 320	87 663	R178 032	22 955	R272 070
2020	48 272 941	R3 094 832 625	132 579	R293 314	36 676	R315 680
2021	44 680 026	R3 110 255 763	102 437	R191 184	47 829	R352 770

The latter part of the question enquires about the countries which have received our exports. The major export destinations of red meat originating from SA during 2021 were Kuwait, UAE, Mozambique, Jordan and Lesotho, accounted for 13,2%, 12,2%, 9,8%, 8,3% and 4,6% respectively. During 2021, SA has exported 44 680 tons of the total quantity of red meat, a decrease of 7,4% as compared to 48 273 tons in 2020.

Table 2 below depicts total red meat exports per Country of destination.

Major Red Meat Export Countries of Destination	Information for the Years 2015 - 2021
	Total Tonnage	Rand value
Lesotho	32 334 100	R902 453 503,00
Mozambique	44 925 609	R1 911 825 982,00
Jordan	22 002 200	R1 607 211 645,00
Kuwait	27 182 910	R2 218 335 633,00
United Arab Emirates	22 729 620	R1 774 132 627,00

Reply:

(a –c) (i) No vehicle was purchased for myself during the said period
(a –c) (ii) Deputy Minister
 

Make	bmw
Model	X4
Year of Manufacture	2021
Price	R 756510 ( seven hundred and fifty six thousand five hundred and ten rand only)
Purchase Date	08 September 2021

Reply:

The Department engages with provinces and municipalities through correspondences and meetings to ensure that they submit such copies of investigation reports conducted in line with Section 106 of the Local Government Municipal Systems Act, 2000. The Department continues to collaborate with law enforcement agencies and provinces through the recently established Local Government Anti-Corruption Forum (LGACF) to ensure the implementation of recommendations emanating from such investigation reports.  Amongst others, the formation of the LGACF is vital for the purpose of fostering collaboration amongst the stakeholders at the local government level in order to effectively prevent corruption and coordinate efforts amongst all the key stakeholders including law enforcement agencies.

Further, if the Honourable Member is aware of such a report/s which have not been shared with the Department or law enforcement agencies, the Honourable Member is requested to provide more details so that officials from the Department can follow up on the matter.  

Reply:

1. (a) In terms of Section 73 (1A) (a) of the Local Government Municipal Structures Amendment Act, if a metropolitan or local council is unable to establish a ward committee or ward committees in accordance with subsection (1), the speaker must, prior to the expiry of the 120 days after the elections, in writing and on good cause shown, request the MEC, responsible for local government in the province concerned, for an extension. Municipalities that could not meet the deadline have been guided to request extensions from their respective MECs to ensure compliance. The following municipalities did not meet the deadline:

PROVINCE	DISTRICT	MUNICIPALITY	NUMBER OF WARDS
EASTERN CAPE	Nelson Mandela Bay	60
	Chris Hani	Sakhisizwe LM	9
	Alfred Nzo	Umzimbuvu LM	27
		Sundays River Valley LM	8
	Sara Baartman	Kou - Kamma LM	6
		Kouga LM	15
		Ndlambe LM	10
		Makana LM	14
		Dr Beyer's Naude LM	14
		Blue Crane LM	6
FREE STATE	Mangaung Metro	51
	Lejweleputswa	Tokologo LM	7
	Thabo Mofutsanyana	Mantsopa LM	9
		Maluti A Phofung LM	35
		Setsoto LM	17
	Xhariep	Kopanong LM	9
		Mohokare LM	7
GAUTENG	City of Johannesburg	135
	City of Tshwane	107
	West Rand District	Merafong LM	28
KWAZULU-NATAL	Umzinyathi	Umvoti LM	14
MPUMALANGA	Gert Sibande	Lekwa LM	15
NORTHERN CAPE	Frances Baard	Dikgatlong LM	8
		Phokwane LM	10
	ZF Mgcawu	Kai Garib LM	10
		Tsantsabane LM	7
	Pixley ka Seme	Thembelihle LM	6
		Kareeberg LM	6
		Renosterberg LM	5
		Siyathemba LM	6
NORTH WEST	Dr Kenneth Kaunda	Maquassi Hills LM	11
	Bojanala	Moretele LM	26
		Moses Kotane LM	34
WESTERN CAPE	Cape Winelands	Witzenberg LM	12
	Eden	Oudtshoorn LM	13
TOTAL	13	35	743

(b) The reasons for non-compliance or not being able to meet the 120 days deadlines by certain municipalities were due to the late constitution of some municipal councils, especially in hung municipalities, non-adopted public participation and ward committee establishment policies, disputes lodged by communities as well as human resource changes experienced in the Offices of the Speaker.

(2) Yes, some municipalities failed to comply requested extensions and were granted such by their respective MECs. These municipalities are proceeding with the establishment of ward committees.

Reply:

In order to fast-track land reform in South Africa, the Department of Agriculture, Land Reform and Rural Development has focussed on the development of new legislation and policies.

The following policy frameworks and legislation have recently been approved:

• Beneficiary Selection and Land Allocation Policy;
• Land Donation Policy;
• Blended Funding Model;
• Labour Tenants Implementation Plan and
• Backlog Reduction Strategy for Restitution.

The following policy frameworks and bills are under development and targeted to be finalized in the 2022/2023 financial year,:

• Communal Land Tenure Policy and Bill;
• Land Redistribution Policy and Bill; and
• The Department is also focusing on institutional arrangement through the Land and Agrarian Reform Agency (LARA).

Reply:

a) Despite the efforts of the Department of Agriculture, Land Reform and Rural Development (DALRRD) to collect rent in terms of lease contracts concluded in line with the State Land Lease and Disposal Policy; including providing discounts and farmer support programmes, the rental collection still remains very low. DALRRD is currently reviewing its policies and processes to ensure that a credible lease management system is in place. The reasons that no rental fee is collected on some farms leased by DALRRD include the following:

• Some farms are not productive and unable to generate the necessary revenue to meet farm operational costs and lease rental;
• Poor infrastructure to support agricultural activities;
• Deliberate refusal by farmers to pay lease rental including those that received the necessary development support;
• Some of the farms are abandoned or vandalized by the lessees and neighbouring communities; and
• Sub-letting of properties by farmers and they don’t pay lease rental.

b) The failure by DALRRD to collect rentals resulted in an increase in the historical debt and the portfolio not generating the desired revenue.

Reply:

South Africa is not indifferent to the unfolding situation in Ukraine. South Africa has expressed deep concern about the continuing conflict, the loss of lives and the deteriorating humanitarian situation and consequently urged for the cessation of hostilities.

South Africa remains steadfast in its view that dialogue, mediation and diplomacy is the only path to de-escalate and ultimately resolve the current conflict. In this regard, we reiterate our call for the Good Offices of the United Nations to mediate in pursuit of finding a sustainable solution and for us as member states to facilitate an enabling environment for dialogue.

In its engagement on the matter of Ukraine, South Africa has maintained that international law needs to be respected and adhered to by all countries equally and that no country should be able to violate international law with impunity.

South Africa has always opposed violations of the sovereignty and territorial integrity of member states, in keeping with the UN Charter. We have also decried the humanitarian disaster that has resulted from the ongoing use of force in Ukraine, and called for the urgent opening of humanitarian corridors and the provision of aid to the civilian population which, as usual, bears the brunt of the suffering when violent confrontation breaks out.

South Africa has also maintained that as we focus on the conflict in Ukraine, there also needs to be consistency in the manner in which we approach the rule of law and respect for the UN Charter as we address situations of conflict across the globe. International law needs to be respected and adhered to by all countries equally.

We need to reflect that despite the slew of resolutions that condemn the Russian Federation in the global community and in the UN, the conflict has escalated. In our engagements with some of the supporters of these resolutions, we have indicated that while we have some of the same goals, such as an agreement to an immediate ceasefire, the opening of humanitarian corridors and mediated negotiations towards a lasting peace, we have different strategies. Perhaps, if the strategies proposed by South Africa and other non-aligned countries were followed, the conflict may have de-escalated.

 

Reply:

(1) According to information received from the South African Local Government Association (SALGA), SALGA has no corresponce or record implicating its representatives on the Board of Trustees of the Municipal Councillor Pension Fund (the MCPF) in misconduct and consequently has not instituted any disciplinary proceedings or taken other steps against its representatives on the board of the MCPF.

(2) Not applicable.

All further queries regarding pension fund must be referred to Minister of Finance.

BACKGROUND:

1. On 25 March 2022 the Department received Parliamentary Question 1084 from Mr IM Groenewald (FF Plus) asking the Minister of Cooperative Governance and Traditional Affairs (1) whether, in light of the fact that on 19 December 2017, the Gauteng North High Court placed the Municipal Councillors Pension Fund (MCPF) under curatorship as a result of irregular financial conduct by the MCPF board, the SA Local Government Association (SALGA) took any disciplinary and/or other steps against its representatives who represented SALGA on the board of the MCPF; if not, why not, if so, what are the relevant details, and (2) whether she will make a statement on the matter?

2. The Pretoria High Court granted an application brought by the Registrar of Pension Funds on 19 December 2017 in terms of section 5(1) of the Financial Institutions Act, 2001 (Protection of Funds), for the appointment of curators to the Municipal Councillors Pension Fund (the MCPF). The court appointed Mr Juanito Martin Damons and Ms Sophie Thabang Kekana as the joint curators of the MCPF.

3. The application was brought pursuant to an inspection report as well as reports by the section 26(2) board to the Registrar, which revealed several serious irregularities pertaining to poor investment decisions and lack of governance in the fund. The curatorship is intended to stabilise the management and operations of the fund and to protect the interests of its members.

4. The Board of Trustees of the MCPF (the BoT) and the curators are accountable to the Registrar of the Pension Funds acting with the concurrence of the Minister of Finance.

5. According to information received from the South African Local Government Association (SALGA), SALGA has no correspondence or record implicating its two (2) representatives on the BoT of the Municipal Councillor Pension Fund in misconduct and consequently has not instituted any disciplinary proceedings or taken other steps against its representatives on the board of the MCPF. In light of this developments, the question whether the Minister will make a statement on the matter is not applicable.

Reply:

The below responses are based on information provided by the Municipal Demarcation Board (MDB):

a) The Municipal Demarcation Board (MDB) delimit wards in accordance with the criteria provided in schedule 1 of the Local Government: Municipal Structures Act. The following guidelines and principles, emanating from the above-mentioned criteria, are applied by the MDB:

(i) Keep the total number of registered voters per ward, as close as possible to the norm (average number of registered voters per ward), within the minimum and maximum allowed; 

(ii) Avoid splitting obvious communities / groupings of villages / suburbs, traditional areas, etcetera, if at all possible;

(iii) Take physical characteristics into account, such as adequate road networks, and physical barriers such as a freeways, rivers, mountains, etcetera; 

(iv) Keep the existing number of wards and boundaries the same, if possible; 

(v) Use voting districts as building blocks and ensure that wards are contiguous; and

(vi) Avoid splitting voting districts, and cluster voting districts together to make up wards.

b) Ward 28 was delimited with the assistance of planning officials from the Steve Tshwete Local Municipality during the technical consultation session in September 2019. The draft ward comprised of the following voting districts:

 

NO.	VOTING DISTRICT	NO. OF REGISTERED VOTERS
1.	LD Moetanalo Secondary School	3,680
2.	Tent at Ward 28	10
3.	Olifant River Lodge	277
4.	Uitkyk Sports Ground (Tent)	443
TOTAL	4,410

 

The minimum, average and maximum norm allowed for the municipality, as follows:

 

NORM	NO. OF REGISTERED VOTERS
Minimum Norm	3,276
Average Norm	3,853
Maximum Norm	4,430

 

There were no objections lodged against ward 28 during the objection phase, and the MDB therafter resolved to confirm the ward and published its final determination in the Gazette.

Reply:

(1)(a) The new heartwater agent was developed by the Agricultural Research Council (ARC) as a proof of concept for further development by OBP into a vaccine following further development of industrial scale manufacturing processes, quality control tests, and validation of clinical efficacy in target animal species. The candidate vaccine failed initial quality control tests necessitating 2 years of further research work to improve the quality of the candidate vaccine seed material. The laboratory scale process developed by the ARC had to be scaled up into an industrial scale, and this was done in 1 and half years. The production process had to be validated, followed by manufacturing of pilot batches that are required to conduct clinical trials in targeted animal species. The candidate vaccine has just undergone 1 and half years of clinical trials to establish the efficacy of the agent as vaccine. Preliminary analysis of the data is not encouraging that the candidate vaccine in its current form is adequately sufficient for registration as vaccine for use to protect animals against the heartwater disease. Further process development and revalidation of the clinical efficacy of the candidate vaccine are required before it can be considered for submission to Act 36 for evaluation as vaccine.

b) Currently, it is impossible to set the timeline within which the product will be available commercially given its observed inadequacy to protect animals from the heartwater diseases in its current form.

(2) Below are details on the number of new vaccines developed and put on the market by the Onderstepoort Biological Products:

LIST OF PRODUCTS INTRODUCED IN THE PAST 10YRS
Products	New	Improved	Products introduced
LSD	-	√	√
Pastuerella cattle	-	√	√
Pulpy kidney vaccine	-	√	√
B. phemeral		√	√
RVF Clone 13	√	-	√
Chlamysure	√	-	√
Respiclos	√	-	not
Tetanus		√	not
Doublesure	√		√
Brucella	-	√	√

Reply:

1. (a)-(b) The attached Annexures provide the details in this regard.

2. Causes of foetal deaths

According to the Saving Babies Report 2017-2019 (pg 13-14) the following are the causes of foetal deaths

1. Hypoxia
2. Infection
3. Congenital abnormalities
4. Immaturity related causes

Causes of maternal deaths

According to the Saving Mothers Report 2017-2019 (Pg-20, 80-83), and Impact of COVID-19 on maternal health Report 2021 the following were the causes

1. Non-Pregnancy related infections related to HIV
2. Hypertensive disorders of pregnancy
3. Medical and surgical disorders
4. Obstetric Hemorrhages
5. Miscarriages and Ectopic pregnancies
6. Pregnancy related sepsis

Source: Saving Mothers Report 2017/19, Pages 20.

END.