Questions and Replies

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:

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:

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:

(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:

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:

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:

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:

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) (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:

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:

Attached find here: Reply

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:

(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) 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 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:

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) 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:

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:

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) (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:

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.

 

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:

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:

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:

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:

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:

(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:

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:

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:

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:

(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:

(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:

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:

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:

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)  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