Questions and Replies

Reply:

(a) There are five (5) vacant Professional Nurses posts which are in the process of being filled, to mitigate the understaffing, namely: three (3) vacant General Nurses posts and two Clinical Nurse Practitioners posts.

(b) Gauteng Department of Health did prioritize the project of constructing a new Stanza Bopape Community Health Centre on the current site. The design or layout plan, however, requires additional land. There is land available behind the current structure. Submissions were made to City of Tshwane Metropolitan to acquire additional land and this process is still not finalized.

END.

Reply:

The National Department has not experienced problems of not capturing expenditure on transferred funds in the Basic Accounting System (BAS)

Internally, the National Department:

• Captures all Human Settlements Grant funds to be transferred/ disbursed to both Provinces and Metros on the Basic Accounting System (BAS) as per the monthly Payment Schedules approved by the National Treasury
• All transfers that could not be effected on scheduled dates were re-scheduled in consultation with the National Treasury. The rescheduling was done immediately when the Basic Accounting System (BAS) would reject captured payments.

On Provinces’ capturing of transferred funds on BAS, the responses from Provinces are as follows:

	Province	Details
1	Eastern Cape	All of the Province’s Conditional Grants and related expenditure and payments are paid through and captured on BAS, against the relevant segments and are accounted for.
2	Free State	The Province confirmed that expenditure on transfers is recorded against the correct BAS segment types. Monthly reconciliations are performed to ensure accuracy and completeness of transactions.
3	Gauteng:	The Province captures all transfers under the Funds segment on the Basic Accounting System within the SCOA framework.
4	Limpopo	The Province has never had a problem of capturing expenditure of transferred funds on BAS. All incurred expenditures are indicated under the fund segment, whether they are HSDG or ISUPG or PEHG payments.
5	Kwa-Zulu-Natal	The province has never experienced such a problem. All of the Province’s expenditure on BAS are captured against the Fund segment i.e. Human Settlement Development Grant, ISUPG, Voted Funds, etc. There is no expenditure captured without the full 8 segments of BAS.
6	Mpumalanga	The Province does not have expenditure on transfers that is not captured on Basic Accounting System. All incurred expenditure on transfers is recorded on BAS.
7	Northern Cape	All of the Province’s Conditional Grants’ expenditure are transferred through and captured on both the Housing Subsidy System and Basic Accounting System.
8	North West	The Province has not had an instance where expenditure was inappropriately captured for the fund segment in BAS. Loading of budget for grant funding is done specifically under conditional funds allocation in BAS and related expenditure is also reported under same. The only challenge previously experienced was that, budget and related expenditure were reported under incorrect interventions but under the correct fund segment.
9	Western Cape	The Province captures every cent spent on either the HSDG or and ISUPG on BAS and the HSS.

Reply:

According to the information received from the Free State Provincial Department of Health, Pelonomi Hospital has a total number of 2 053 approved posts in their Establishment/Organogram. Currently, 1 573 posts are filled and 484 posts are vacant bringing the vacancy rate to 23.6%. The Province has processed and finalized the filling of 108 posts in various occupational classes from 1 April 2021 to date, as steps to bring down the vacancy rate at the Hospital to enhance service delivery.

Further to the above, through a process of prioritising posts; Management of in the Hospital, has identified 116 critical posts in various occupational classes (i.e. Ranging between administrations to clinical posts) to be filled during the 2022-2023 financial year.

The process of filling these critical posts has commenced and submissions are underway to approve advertisements and administrative processes to fill the posts.

 

END.

Reply:

a) South African Tourism has its Head Office in South Africa and offices in 10 countries globally, operating as regional hubs and servicing key source markets. The Netherlands Office is now operated virtually.

AFRICA	AMERICAS	EUROPE	ASIA	AUSTRALASIA
South Africa	Nigeria	US	Germany	UK	France	Netherlands (virtual office)	India	China	Japan	Australia

b) Markets served by each Office. Please note: In the 2021/22 fiscal, SA Tourism revised its market investment portfolio, moving from servicing 44 markets to 24 selected markets as illustrated below.

SAT Offices	Markets serviced from office
South Africa Office	South Africa Hub: Domestic Market Central, East, Land Hub: Zambia, Malawi, Kenya, Mozambique, Zimbabwe, Eswatini, Lesotho, Botswana, Namibia South America Hub Brazil (GSA representation in the market) Europe: Russia
Nigeria Office	West Africa Hub: Nigeria
USA Office	Americas Hub: USA and Canada
Germany Office:	Central Europe Hub: Germany
UK	UK Hub: United Kingdom
France	South Europe Hub: France, Spain, Portugal and Italy
Netherlands	North Europe Hub: Netherlands
India	MEISEA Hub: India
China	Asia Pacific Hub: China
Japan	Asia Pacific Hub: Japan
Australia	Australasia Hub: Australia

c) The annual budgeted costs of running each country office in the 2021/22 fiscal are stated below. The Netherlands country office costs were budgeted based on a physical office, but SA Tourism has since terminated the lease agreement and moved into a virtual office in the Netherlands.

AFRICA	AMERICAS	EUROPE	ASIA	AUSTRALASIA
Nigeria	US	Germany	UK	France	Netherlands	India	China	Japan	Australia
R 10 966 330,22	R19 907 735,29	R15 036 995,68	R15 816 763,86	R18 299 468,49	R15 303 134,83 ( Virtual Office)	R12 404 995,45	R9 570 171,17	R 6 210 215,70	R 11 469 591,43

d) Return on Investment

The COVID-19 pandemic has significantly impacted arrival into the destination. International tourist arrivals into South Africa between January and December 2021 reached to 2.2 million, remaining well below the 2019 pre-pandemic levels of 10.2 million arrivals.

South African Tourism marketing initiatives in key source markets focused on delivering brand positioning campaigns to both consumers and distribution channels to improve South Africa’s brand strength by creating awareness of the destination and its value proposition and showcasing value for money products, experiences and attractions. The annual results of these campaigns will be finalised at the end of the fiscal.

(e) (i) The Netherlands Office, while still servicing the hub, is now a virtual office in the Netherlands. SA Tourism does not have a directive to close any other offices.

(e) (ii) SA Tourism does not have a directive to open more Offices.

(f) In order to extend its global footprint, SA Tourism works closely with DIRCO by empowering and supporting Missions to execute their tourism mandate through training and the provision of tools to promote the destination.

Reply:

The National Department of Health is still collating this information from the provinces. As soon as information is received from all the provinces, the Minister will consolidate the response and submit to the Honourable Member and Parliament.

 

END.

Reply:

 1) One of the root causes of long queues in DHA office is the office space constraints which limits the capacity of the office to accommodate its infrastructure and clients thereby it is not fit for purpose. Currently the total office space occupied by the department in Alberton office is approximately 594 square metres which is significantly lower than the norms and standard required by the Department. The office space constraints lead to overcrowding and long queues in and outside the office. Clients prefer to visit the Alberton office as opposed to other Home Affairs offices in the vicinity probably as a result of access to public transport and accessibility of secured public parking facilities.

(2)(a)(i)(aa) The Department can not divulge the names of the officials and their respective positions. However, the name and contact details of the local office manager is displayed in the office.

 

(2)(a)(i)(bb) & 2(a)(ii) The positions held and vacancy rate is as follows:

POSITIONS OF EMPLOYED OFFICIALS	SALARY LEVEL	NO OF OFFICIALS	VACANCY RATE
CLEANERS	3	1	0
IMMIGRATION OFFICERS	6	1	0
ADMINISTRATION CLERKS	6	16	0
CHIEF ADMINISTRATION CLERKS	7	2	0
ADMINISTRATIVE OFFICER	7	1	0
CIVIC SERVICES SUPERVISOR	8	1	0
LOCAL OFFICE MANAGER	10	1	0
TOTAL		23	0%

(2)(b) The department will be prioritising Alberton amongst the offices that need additional staff in order to cope with the demand. As explained above civic support will be added with two positions and one position for Immigration service and will be considered for the next level of recruitment.

The business case regarding filling in of vacancies has been approved. The Department will resume the recruitment process as of the new financial year 2022/23.

3) The department has conducted geographic accessibility study used to revise the DHA Access Model. This DHA Hybrid access model provides the optimal number and location of offices the department requires to meet the service delivery levels based on the service norms and standards, including population threshold and the distance norm. Accordingly, the maximum distance norm of the department is set at 25km in urban areas and 20 km in rural areas. This implies that clients are considered having access to the department’s services if they travel 25km or less to DHA service points. Thus, Alberton office is within 25 km radius of the following DHA functional offices in the surrounding areas.

• Germiston – 8 km
• Johannesburg – 12 km
• Edenvale – 15 km
• Boksburg – 15 km

However, the Department also is looking at extending its services as it has a strategy to expand its infrastructure and its footprint. In so doing the Department also delivers services at twenty eighty (28) bank branches which are operational and available to service clients requiring DHA services. As part of its outreach programmes, there is currently a fleet of hundred (100) Mobile Units across the country that are deployed to far flung areas to deliver services to the public. An additional ten (10) mobile units are being procured to increase the footprint in the Department.

4) Alberton office uses the Live Capture System to process and issue smart ID cards and Passports, it also uses National Population Register System for processing and issuing Birth, Marriage and Death Certificates. The Department experiences system unavailability due to various causes like power outages, hardware issues, network outages, and application failures. Frequent network downtimes are experienced and the matter is dealt with by State Information Technology Agency (SITA) and the Department in terms of the SITA Act.

END

Reply:

The National Department has not experienced problems of not capturing expenditure on transferred funds in the Basic Accounting System (BAS)

Internally, the National Department:

• Captures all Human Settlements Grant funds to be transferred/ disbursed to both Provinces and Metros on the Basic Accounting System (BAS) as per the monthly Payment Schedules approved by the National Treasury
• All transfers that could not be effected on scheduled dates were re-scheduled in consultation with the National Treasury. The rescheduling was done immediately when the Basic Accounting System (BAS) would reject captured payments.

On Provinces’ capturing of transferred funds on BAS, the responses from Provinces are as follows:

	Province	Details
1	Eastern Cape	All of the Province’s Conditional Grants and related expenditure and payments are paid through and captured on BAS, against the relevant segments and are accounted for.
2	Free State	The Province confirmed that expenditure on transfers is recorded against the correct BAS segment types. Monthly reconciliations are performed to ensure accuracy and completeness of transactions.
3	Gauteng:	The Province captures all transfers under the Funds segment on the Basic Accounting System within the SCOA framework.
4	Limpopo	The Province has never had a problem of capturing expenditure of transferred funds on BAS. All incurred expenditures are indicated under the fund segment, whether they are HSDG or ISUPG or PEHG payments.
5	Kwa-Zulu-Natal	The province has never experienced such a problem. All of the Province’s expenditure on BAS are captured against the Fund segment i.e. Human Settlement Development Grant, ISUPG, Voted Funds, etc. There is no expenditure captured without the full 8 segments of BAS.
6	Mpumalanga	The Province does not have expenditure on transfers that is not captured on Basic Accounting System. All incurred expenditure on transfers is recorded on BAS.
7	Northern Cape	All of the Province’s Conditional Grants’ expenditure are transferred through and captured on both the Housing Subsidy System and Basic Accounting System.
8	North West	The Province has not had an instance where expenditure was inappropriately captured for the fund segment in BAS. Loading of budget for grant funding is done specifically under conditional funds allocation in BAS and related expenditure is also reported under same. The only challenge previously experienced was that, budget and related expenditure were reported under incorrect interventions but under the correct fund segment.
9	Western Cape	The Province captures every cent spent on either the HSDG or and ISUPG on BAS and the HSS.

Reply:

The National Director of Public Prosecutions has received the following information from the Director of Public Prosecutions, KwaZulu-Natal in whose jurisdiction the matter is being prosecuted:

1. The evidence in the docket presents a strong case against the accused with at least two witnesses who made statements in terms of section 204 of the Criminal Procedure Act.
2. There is further evidence corroborating their evidence independently.
3. The matter is set down for trial due to start on 18 August 2022. At present, the State is ready to proceed and witnesses will be called to present evidence in pursuit of a successful prosecution.
4. The granting of bail does not amount to the weakness of the state’s case despite the ruling by the Magistrate, which the State is intending to appeal.
5. The State opposed bail on 21 May 2019 after the accused were arrested and bail was refused. On 03 February 2022 the accused appeared at Ixopo Magistrates’ Court where they applied for bail on new facts. The State opposed bail and the accused were nonetheless granted bail on 15 February 2022. The accused were each granted bail of R5000. The court found that exceptional circumstances existed which in the interest of justice permitted the granting of bail, based essentially on the delay in the commencement of the trial and issues related to the facts of the case. The court decided on its own which conditions to impose and the amount of bail without engaging the parties thereto. The State has indicated its intention to appeal and the record of the bail proceedings is being transcribed. The accused are required as bail conditions to attend the criminal proceedings at all times, report to identified police stations on Mondays and Fridays and reside in identified places, not to enter the jurisdiction of Umzimkhulu during the subsistence of the criminal proceedings against them, not to communicate with state witnesses and to hand over their passports.

 

Reply:

a) (i) Internal Audit investigated irregular expenditure associated with a pre- Budget Vote cook-off event which took place in Tembisa on the 17 May 2021. The first part of the investigation was concluded around October 2021; however, the report was inconclusive as the payment was not yet affected. The report is now concluded has recommended that a further investigation involving external parties must be conducted as internal audit does not deal with investigation of external parties. Terms of reference for the next stage of the investigation have been developed.

In addition to this the Minister received a letter from the Public Service Commission (PSC) which is also investigating the matter after a complaint was received in this regard. The department is cooperating with the investigation process and the outcome of this process is awaited.

(ii) In relation to an irregular expenditure associated with the physical security services provider, the Department approached the National Treasury (Office of the Chief Procurement Officer) to review the procurement process followed and make recommendations to the Accounting Officer. The feedback from National Treasury is awaited.

(iii) In relation to the double payment by R50,000 to one of the beneficiaries of the Tourism Relief Fund (TRF), the terms of reference for the investigation have been developed. This is pursued jointly between the Accounting Officer of the Department and the Accounting authority of South African Tourism.

(iv) Terms of reference have also been developed for a follow-up investigation on the possible fraud and corruption related to the irregularities found at South African Tourism.

(v) The information verification process in relation to the Tourist Guides Relief Fund is still underway. Terms of reference for the investigation will follow the verification process outcome.

The recent Constitutional Court Judgement that set aside the Preferential Procurement Framework Act 2017 Regulations has presented a challenge in the procurement of goods and services which impacts on the sourcing of investigators. The Department is engaging with National Treasury for applicable exemption for the procurement process.

To ensure continuous oversight strengthening, management has put in place an audit steering committee which regularly reviews the implementation and effectiveness of the controls as contained in the Audit Action Plan. The Executive Authority is also provided with reports on the implementation of the Audit Action Plan.

b) Upon receipt of final investigation reports, the Accounting Officer shall implement the recommendations.

Reply:

The National Department of Health is still trying to get the necessary information from the Gauteng Provincial Department of Health. The response by the Minister will be furnished to the Honourable Member as soon as the report has been received from the Gauteng Health MEC on this matter.

END.

Reply:

(1) (a) (i) The National Department of Health has followed and conducted all due process required in the disclosure of financial interests by designated categories of employees and found no one doing business with the Department.

(ii) Information related to Provinces is not readily available and will be submitted once received.

(b) (i) Not applicable.

(ii) Still awaiting information from Provinces.

(2) Yes, all SMS members submitted their declarations of interest during the regulated time (01 – 30 April 2021).

(a), (b), (c) Not applicable.

(3) (a) The National Health Department completed ninety five (95) investigations.

(b) National Health Laboratory Service completed Eleven (11) investigations.

(4) Yes, NDOH 91 cases - employees issued with final and written warning and 4 cases disciplinary action to be instituted against the employees. NHLS recommendations for ten (10) out of eleven (11) investigations were implemented. The outstanding one is still in progress as outlined below:

No	Investigation	Outcome	Recommendations	Implemented recommendation
1.	Allegations that the Area Manager in Eastern Cape Region was appointing her relatives (Nepotism)	Substantiated	Disciplinary Action against Area Manager and implicated staff	Disciplinary Action is in progress

 

END.

Reply:

1. (a) Eight (8) delegates from the Department of Tourism attended the Dubai Expo 2021.

(b) (i) Travel: R1 360 705.30 (Flights and ground transport)

(ii) Accommodation: R754 426.98

(ii) Catering: R0

2. No delegates outside her Department formed part of the Department’s delegation to the Dubai.

Reply:

The National Department of Health is working with the National Health Laboratory Service (NHLS) to obtain the details that the Honourable Member is requesting. This information is being finalised and will be furnished to the Honourable Member as soon as it is finalised, in the next week or so.

END.

Reply:

a) The current status of the specified circulars, as provided by the Council for Medical Schemes (CMS) is as follows:

(i) The Council for Medical Schemes issued circulars 80 and 82 in December 2019 based on two sets of research results at its disposal at the time. The main message contained in these circulars was a message to the industry that was indicating that the exemption that had been granted to the primary insurance products that had applied to the CMS, previously may not be granted again at the end of March 2021, if there were no significant improvement and changes made to them. The exemption that had been granted to these products at the time was done in April 2017 and was expiring in March 2019. The responsibility for the granting of these exemptions lies with the governance body of the CMS upon advice from the Registrar and team and is based on the Exemption Framework that was developed between the Council for Medical Schemes, National Treasury and the National Department of Health.

(ii) The first set of research results is based on a study that was commissioned by the CMS and was conducted by a group of economists. The results of this study were released by the CMS in a circular at the end of March 2019 indicating the undesirability of these primary insurance products and the Low-Cost Benefit Option in the medicals schemes industry. These results can be briefly summarised as follows:

• These products are targeting individuals that are already tax-exempt based on their low income. Expecting these individuals to spend more of their remaining disposable income contributing to health products with thin benefits did not make sense;

• The introduction of the Low-Cost Benefit Option and related products will be adding yet another set of benefit options in an industry with too many options that are already making rational purchasing choices difficult for the consumer. This goes against the Health Market Inquiry recommendations;

• The Low-Cost Benefit option will also require some tax subsidies and credits and further burden the fiscus during a period of economic constraints;

• There is no evidence that these options will ensure that relief is provided to the over-burdened public health system, given the fact that their beneficiaries still largely rely on the state for the provision of the greater part of their health benefits.

(iii) The second set of results indicated that the primary health insurance products that were subjected to an analysis had serious structural shortfalls. These can be summarised as the following:

• The greater part of the contribution made by policyholders was spent on broker fees and administration instead of the relevant health benefits;

• The marketing of these primary insurance products was clearly misleading, promising unlimited GP consultations when in fact the entitlements are no more than 3 per annum;

• These products were experienced very low claims simply because their members were not aware of the extent of their benefit entitlements.

(iv) The impact of circulars 80 and 82 on the primary insurance products that are in the market has been minimal as no product was discontinued as a result of these circulars. The facts are:

• The CMS undertook an extensive stakeholder roadshow following the issuing of circulars 80 and 82. These engagements took place in the greater part of January and February 2020;

• The agreement with the key stakeholders was that further engagements were necessary and that a Low-Cost Benefit Framework will need to be developed that will assist these primary insurance products to migrate into the medical schemes’ environment;

• There was also an appreciation that the regulator cannot perpetually exempt these primary insurance products from complying with the Medical Schemes Act and its Regulations as this is the only legislation that is at its disposal for regulatory purposes.

• The engagements in these Advisory Committees are proceeding well and have included 3 workstreams:

• Schemes and administrators
• Insurance providers and brokers
• Service providers, policyholders and consumers.

(v) Circular 56 of 2015 provides a summary of input received on the classification of managed care services. This circular has no bearing on the ability of low-earning households to have access to quality medical care other than providing a guide for medical schemes to report better-managed services. However, a more relevant circular to low-earning households' affordability of care is circular 56 of 2020;

(vi) The objective of Circular 56 of 2020 was to provide an overall update regarding establishing the LCBO Advisory Committees and developing the Low-Cost Benefit Guidelines and notice of extension of exemption period to 31 March 2022. The Advisory Committees were tasked with addressing the challenges faced by primary health insurance providers in complying with the Medical Scheme Act:

• The need for medical schemes to develop options for low-income earners;
• They would also develop a roadmap leading to the end of March 2022;
• Provide inputs on the LCBO framework before the CMS submits it for approval to Council and final approval by the Minister of Health;
• The Charter and Code of Conduct were issued to nominees during June/July 2020;
• A regulatory workshop with the National Department of Health, National Treasury, Prudential Authority, Financial Sector Conduct and the Council for Medical Schemes was held on 29 September 2020;
• Introductory workshops were held with interested parties and nominees during October 2020, whereafter the Charter and Code of Conduct was adopted.

(vii) The Advisory Committee's work entailed the establishment of four technical workstreams that provide technical support to the advisory committees in the development of an LCBO framework and guideline. The scope of work for each workstream is summarised below:

• Workstream 1 - Market / Affordability

• Needs assessment/Quantity market/affordability issues;
• The market needs assessment report issued on 8 September 2021 for comments by committee members

• Workstream 2 - Benefit, Product and Pricing

• Benefit design, package and price;
• Key discussions on the minimum products considered against the GEMS Sapphire option has been started as a reference point; key factors need further discussion: Direct access to healthcare nurse with GP, mediation EDL approach or diagnostic definition conditions, dentistry, and optometry are significant affordability constraints and the question on whether private honour should be excluded.

• Workstream 3 - Compliance & Legislative requirements

• Enabling environment and legal framework;
• Key policy considerations: Medical Schemes Amendment Bill; Health Market Inquiry; NHI
• A legislative comparison indraft has been done to identify which legislative framework would be the best outcome for insurers conducting the business of a medical scheme

• Workstream 4 - Implementation Plan & Risk

• Development of a risk matrix/roadmap for LCBO
• Risk framework discussion, Timeline and Risk matrix discussion workbook developed

(b) Herewith the summary of engagements that took place between 2020-2021:

1. February 2020- LCBO Engagements with Industry
2. March 2020- Engagements with NT on LCBO & Demarcation
3. October 2020 - 1st Joint Advisory Committee meeting
4. December 2020 - 2nd Joint Advisory Committee meeting
5. January 2021 – 3rd Joint Advisory Committee meeting
6. June 2021 – 4th Joint Advisory Committee meeting
7. November 2021 – 5th Joint Advisory Committee meeting

All the above stakeholder engagements and Advisory Committee consultative processes emanated from the concerns raised by stakeholders following the publications of Circulars 80 and 82.

• The current engagements on the LCBO stem from the regulatory non-compliance with the provisions of the MS Act, section 20(1), given the implementation of the Demarcation Regulations;

• The technical workstreams have developed position papers that will form a basis of an LCBO framework and guidelines and will be submitted to the Registrar and Council once finalised;

• The exemption period of insurers conducting the business of a medical scheme, which was granted from 1 April 2019 to 31 March 2022 will terminate on 31 March 2022. Input from the National Department of Health, National Treasury, Financial Sector Conduct Authority, and the Prudential Authority was sought to allow for extending the exemption period by a further two years, from 1 April 2022 to 31 March 2024. Further details are contained in Circular 9 of 2022;

• This extension was granted to ensure continued cover for members currently covered by the existing exempted insurance products. Furthermore, to allow for the finalisation of the LCBO framework and recommendations.

The recommendations will be submitted to the National Department of Health for final approval.

END.

Reply:

(a) There were only 6 (six) Section 23 visas issued in the period 1 February 2021 to 1 February 2022. These visas were all issued at OR Tambo International Airport.

(b)(i) For the period 1 February 2021 to 1 February 2022 a total 41 applications were captured due to special circumstances e.g writing matric, furthering studies or assuming new employment.

(b)(ii) These applications were granted at the following offices: 8 at Cape Town Refugee Reception Office and 33 at Desmond Reception Office.

(c) There were 155 thousand extensions granted during the period in question.

END

Reply:

(1) (a) and (b) (i) The Director-General’s contract was renewed for a further 5 years ending 31 March 2026.

(ii) Deputy Director-General: Corporate Services is a permanent appointment.

Deputy Director-General: Entities Oversight, IGR, Monitoring and Evaluation is a permanent appointment.

Deputy Director-General: Research, Policy, Strategy and Planning is a contract appointment which will expire on 31 March 2023.

Deputy Director-General: Chief Financial Officer, the post is currently vacant and funded and currently has an acting appointment. Her contract was extended by the former Minister and the legality of that contract was questioned. The contract for Deputy Director-General: Chief Financial Officer ended on 28 February 2022 and the contract was not renewed.

We have received the letter of demand from the former CFO, which was responded to through lawyers.

Deputy Director-General: Informal Settlements Upgrading and Emergency Housing, the post is vacant and funded and currently has an acting appointment

Deputy Director-General: Affordable Rental and Social Housing, the post is vacant and funded and currently has an acting appointment.

(2) The contract for Deputy Director-General: Affordable Rental and Social Housing ended on 31 December 2021 and the contract was not renewed. His contract was extended by the former Minister and the legality of that contract was questioned.

The contract for Deputy Director-General: Chief Financial Officer ended on 28 February 2022

(3) Deputy Director-General: Affordable Rental and Social Housing whose contract ended on 31 December 2021 and when the contract was not renewed made an urgent court application to ask the court that his contract be extended. The court deemed that the matter was not urgent and did not ask the department to extend his contract.

There is no other litigation on the above.

Reply:

Item Description	(i) Minister	(ii) Deputy Minister	(iii) DPSA
	2019/20	2020/21	2021/22	2019/20	2020/21	2021/22	2019/20	2020/21	2021/22
	R’000	R’000	R’000	R’000	R’000	R’000	R’000	R’000	R’000
Catering	469	382	123	46	10	6	2 706	431	615
Entertainment	2	0	0	0	0	0	2	0	0
Accommodation	1 692	1 148	536	666	234	228	10 325	4 125	2 548

End

Reply:

1. (a) The table below reflects the 2020 HEMIS audited information received from universities.

Institution	(i)  Life and Physical Sciences	(ii)  Health Sciences	(iii)  Engineering	(iv) Computer and Information Technology
Cape Peninsula University of Technology	1 772	2 196	5 591	1 792
University of Cape Town	2 363	4 123	4 037	1 454
Central University of Technology	568	1 163	3 435	2 593
Durban Institute of Technology	647	2 785	5 760	2 903
University of Fort Hare	1 002	790	62	515
University of Free State	3 389	2 406	89	666
University of Johannesburg	3 313	2 715	6 631	1 995
University of KwaZulu-Natal	6 309	6 199	2 431	949
University of Limpopo	3 588	1 557	5	1 070
Nelson Mandela University	1 515	2 000	2 082	2 082
North West University	4 236	2 260	1 769	1 752
University of Pretoria	4 779	7 485	6 948	2 512
Rhodes University	1 181	892	0	388
University of South Africa	14 180	2 354	8 128	11 012
University of Stellenbosch	3 621	4 346	3 917	896
Tshwane University of Technology	2 730	2 387	8 695	6 077
University of Venda	3 168	1 160	142	329
Vaal University of Technology	1 360	533	6 240	1 522
Walter Sisulu University	978	1 633	2 071	2 605
University of Western Cape	3 488	3 011	0	1 093
University of Witwatersrand	4 141	6 805	5 653	1 033
University of Zululand	2 650	358	0	335
Sol Plaatje University, Northern Cape	179	0	65	275
University of Mpumalanga	319	0	10	353
Mangosuthu University of Technology	410	344	5 085	805
Sefako Makgatho Health Science University	1 473	3 816	0	93
Total	73 357	63 314	78 844	47 098

(b) The Department does not collect data on the number of students who find or do not find employment. However, the Statistics South Africa (Stats SA) Quarterly Labour Force Survey (QLFS) — Quarter 3 of 2021 indicates that only 2.7% of unemployed persons were graduates, while 7.2% had other tertiary qualifications as their highest level of education.

2. (a) As at 31 December 2021 the National Student Financial Aid Scheme (NSFAS) reported that 533 358 new and continuing students registered at public universities were funded for the 2021 academic year. Audited data for the 2021 academic year will only be available upon finalization of the NSFAS 2022 statutory audit starting in April 2022.

(b) The Department does not collect data on the number of students who pay their own fees.

3. The table below reflects the 2020 HEMIS audited information received from universities.

Institution	International Students
Cape Peninsula University of Technology	1 868
University of Cape Town	5 125
Central University of Technology	484
Durban Institute of Technology	476
University of Fort Hare	475
University of Free State	1 270
University of Johannesburg	4 223
University of KwaZulu-Natal	1 947
University of Limpopo	158
Nelson Mandela University	1 151
North West University	1 797
University of Pretoria	4 206
Rhodes University	1 271
University of South Africa	16 231
University of Stellenbosch	2 888
Tshwane University of Technology	1 438
University of Venda	163
Vaal University of Technology	1 042
Walter Sisulu University	121
University of Western Cape	1 332
University of Witwatersrand	3 648
University of Zululand	117
Sol Plaatje University, Northern Cape	14
University of Mpumalanga	64
Mangosuthu University of Technology	47
Sefako Makgatho Health Science University	131
Total	51 687

Reply:

The Honourable Member speaks of the legal opinion which we do not know. We have not received as such.

 

Reply:

The Ministry budget comes from Programme one of the Department. We work within that allocation.

Reply:

(1). The investigations of Irregular and Fruitless & wasteful expenditure by Morar Inc and Bonakude. were completed on the 11th September 2020

(2). Yes, the recommendations of the Morar and Bonakude forensic report have been implemented by referring the matters to HR to institute disciplinary procedures against identified officials.

(3). 15 officials implicated have since been issued with warning letters. Recommendations could not be implemented for officials who were no longer in the department when the report was finalised.

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 No. 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 and pregnancy diagnosis.

The Department also maintains a database of registered reproduction operators that help with artificial insemination and pregnancy diagnosis. Any livestock business and participants in the sector who need such support do receive assistance. Farmers requiring assistance may contact the Registrar for the Animal Improvement Act, 1998, (Act No. 62 of 1998), Mr Joel Mamabolo contact number (012) 319 7597/7424 Email: [email protected]

Reply:

The mandate to investigate complaints against sheriffs as well as to institute disciplinary proceedings lies with the South African Board for Sheriffs.

In terms of Section 44 (1) of the Sheriffs Act, 1986 (Act No. 90 of 1986), any complaint, accusation or allegation against a sheriff, may be lodged with the Board in the prescribed manner.

The prescribed manner is in terms of the Regulations relating to Sheriffs, 1990, and includes the submission of formal complaint to the SA Board for Sheriffs in an affidavit-format and/ or per the form as prescribed in the Regulations.

In terms of section 44 of the Sheriffs Act, 1986, the Board can charge a sheriff for improper conduct and institute a disciplinary proceeding.

In terms of Chapter IV of the Sheriffs Act, 1986 (Act No. 90 of 1986), the Minister of Justice and Correctional Services, can suspend the sheriff from office under certain circumstances and usually only does so on the recommendation of the Board for Sheriffs as the regulatory authority.

It is therefore recommended that the Honourable Member address her concerns to the Chairperson of the South African Board for Sheriffs for investigation.

Reply:

The Department in partnership with The Ethics Institute (TEI), South African Local Government Association (SALGA), and the Moral Regeneration Movement (MRM) are implementing a project on ethical leadership in municipalities. This is in line with one of the focus areas of the Local Government Anti-Corruption Strategy which calls for a national dialogue on ethical leadership in local government. The aim of the project is to develop a Code for Ethical Governance for municipalities which will have a similar standing as the King Code on Corporate Governance (King IV) has in the private sector. The focus of the Code will be on the principles, values and spirit of ethical leadership in local government.

Reply:

The provision of toilets and other related sanitation facilities does not fall within the mandate of the Department of Human Settlements. The Question may therefore be well answered by the Department of Water and Sanitation as it falls within its mandate.

 

Reply:

2019/20 financial year
	(a) catering	(b) entertainment	(c) accommodation
	R'000	R'000	R'000
(i) Minister	2	3	1 464
(ii) Deputy Ministers	-	-	2 035
(iii) Officials	1 443	144	23 635
Total	1 445	147	27 134

2020/21 financial year
	(a) catering	(b) entertainment	(c) accommodation
	R'000	R'000	R'000
(i) Minister	-	2	654
(ii) Deputy Ministers	-	-	345
(iii) Officials	317	22	17 175
Total	317	24	18 174

2021/22 financial year
	(a) catering	(b) entertainment	(c) accommodation
	R'000	R'000	R'000
(i) Minister	106	3	1 897
(ii) Deputy Ministers	3	3	1 219
(iii) Officials	860	58	34 818
Total	969	64	37 934

Total amount spent
	(a) catering	(b) entertainment	(c) accommodation
	R'000	R'000	R'000
(i) Minister	108	8	4 015
(ii) Deputy Ministers	3	3	3 599
(iii) Officials	2 620	224	75 628
Total	2 731	235	83 242

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Reply:

(a) The total number of incidents of sexual harassment is 42.(a) 

(i) (aa)	2018/19	2019/20	2020/21
	5	9	11
(b) (i)	Concluded	Concluded	Concluded
	2	6	3
(b)(ii)	Withdrawn	Withdrawn	Withdrawn
	None	1	1
(b)(iii)	Pending	Pending	Pending
	3	2	7
(c)	Sanction	Sanction	Sanction
	1- Dismissal	1-One month suspension without salary. 2- Two month suspension without salary. 4- Not guilty	1- Final written warning. 1- Verbal warning 1- Not guilty

 

(a)(i)(bb) since 01 April 2021

 

(a)(i)(bb)	Since 01 April 2021
	17
(b)(i)	Concluded
	5
(b)(ii)	Withdrawn
	1
(b)(iii)	Pending
	11
(c)	Sanction
	2- Dismissal 1- One month suspension without salary 1- Not guilty 1- No outcome (contract of complainant lapsed prior to investigation being finalised

 

END

Reply:

1. (a). PACOFS took the matter on review because the award was made without the employer being given an opportunity to present its case. This matter is still on going.

Reply:

(a). we are still verifying figures once that process is done we will give the Hon. Member the exact figures.

(b). Number of cases: CCMA: two (02); Labour Court one (01)

(c). CCMA: Case1: Dismissal for misconduct

                    Case 2: Dismissal for gross misconduct

Labour Case 1: Dismissal for gross misconduct.

Reply:

(1)(a). There is no construction of a R500 Million Resistance and Liberation Museum in the Eastern Cape.

 

Reply:

(a). The Department released a tender in December 2019 advertised in the following newspapers Sunday Independent of 01 December and the Sowetan of the 02 December 2019, for the Silapha Wellness programme. Indingliz Advertising & Marketing was appointed to implement the wellness programme and this was done in June 2020. We are continuing with the provincial launches, to date we have completed the following provinces Mpumalanga, Limpopo and Free State.

Reply:

The Department regrets the inconvenience caused to all victims of crime, and in particular, to victims of gender-based violence and femicide for further subjecting them to trauma as a result of more postponements. The Department is committed to upholding and respecting the rights of all victims of crime and ensuring that their matters are heard and finalized as soon as possible.

The Supply Chain Management Unit in the Department worked very hard with National Treasury to find the most expedient method of procurement so that we can re-start the service and the maintenance program. A reputable service provider that is approved by the manufacturer of our court recording technology has since been appointed for a period of twelve months to repair and maintain the court recording and sexual offences systems in the courts.

The service provider has already commenced with the processes to repair damaged and faulty equipment by adopting a risk-based approach that starts with courts with highest calls logged and dysfunctional equipment. Stakeholders have also been consulted to identify courts with greatest need and said priority lists have been furnished to the service provider. Site assessments of various courts to diagnose the problem and repair or order parts where necessary are already in motion and in some courts the systems are already in operation.

Court Services’ senior managers are meeting with the service provider on a weekly basis to monitor progress and ensure that we are on track. At the same time, the procurement process for a long-term solution has begun. A bid specifications committee has been appointed and the committee has already drawn up the specifications that will soon go out on tender for a three-year period.

In order to avoid a similar mishap from happening in the future, the Department is strengthening the Contract Management Unit and reviewing all current contracts that are due to expire within a period of eight months to ensure that we can procure on time and thus avoid disruptions and have optimally functional systems.

END

Reply:

a) Below is a table explaining the enrolment for TVET colleges up to 2020.  The latest dataset that is published is for the 2020 academic year.  The 2021 numbers cannot be released as they are subject to change and the quality assurance of that dataset for publication the has commenced.

Enrolment into TVET Colleges
2017 (i)	2018 (ii)	2019 (iii)	2020 (iv)	2021 (v)
688 028	657 133	673 490	452277	Not available yet.

b) Throughput is defined as achieving the qualification within the stipulated time.  The only qualification offered at TVET colleges for which throughput can be calculated is the NC(V) qualification which is a 3-year qualification at NQF levels 2-4.  Throughput rate is as enrolment reported retrospectively.  Thus for 2018/19 academic year, it is the 2017 academic year in question.  Students certified in 2017 for NC(V) L4 and were enrolled into NC(V) in L2 in 2015.

Throughput Rate for NC(V) L4
2017 (i)	2018 (ii)	2019 (iii)	2020 (iv)	2021 (v)
53.9%	31.8%	46.8%	Preliminary and to be approved yet.	Not available yet.

Extracted from the departmental APP for 2022-23

c)

Drop-out is understood as a student discontinuing his/her enrolment during the period for which he/she was enrolled.  The detailed drop-out number is attached.  Reasons for drop-out mostly are cited as personal circumstances or socio-economic reasons.

Drop-out Number
2017 (i)	2018 (ii)	2019 (iii)	2020 (iv)	2021 (v)
2979	3346	3314	2536	Not available yet.

Reply:

a)  The claim for Lower Zingcuka was investigated and the research was approved by the Regional Land Claims Commissioner. The claim proceeded to the next stage of the restitution process, verification. The delay in finalizing verification relate to fraudulent beneficiaries that have to be excluded from the claim. The office has engaged the community on several occasions explaining the qualification criteria for the restitution of land rights. Currently a screening process is in progress to exclude the illegitimate claimants to the list and include the eligible ones.

(b)(i) The claim is envisaged to be settled in Quarter of 3 of 2022/2023 financial year.

(ii) The monetary value of the claim is estimated at R46 887 316.00 based on the 146 households involved and the standard settlement offer of R321 146.00 per household. The actual monetary value will only be confirmed once the verification and valuation of the claimed land has been finalized.

(c) The office has a verification list of 146 originally dispossessed individuals (ODIs) which is subject to the screening process which is currently in progress. The final verification list can be made available once the process of screening has been finalized.

END

Reply:

(a)(b)(c)(i)(ii)

The mandate of State Security Agency is to provide intelligence to government on domestic and foreign threats or potential threats to national security across the country as a whole that includes major cities. Hence, the SSA directed by various legislative prescripts plays a supportive role to law enforcement agencies through the provision of intelligence on the threat posed by organised crime syndicates, racketeering and gangsterism to the country’s national security with emphasis on the following:

• The nature and extent to which organised crime syndicates and gangs threaten the state’s economy, human welfare and sovereignty.
• The nature and extent to which organised crime syndicates and gangs contribute to the manifestation of corruption.
• The nature and extent of relationships between gangs and organised crime syndicates.
• The efficacy and functionality of the state’s anti-gang policies and interventions.

The SSA, in partnership with various law enforcement agents and stakeholders (both public and private) makes use of technologies to counter the extent to which organised crime undermines good governance, sabotages the State’s economy and threatens the welfare of communities and sovereignty.

Technologies include those prescribed by the Regulation of Interception of Communications and Provision of Communication-related Information Act (RICA) 70 of 2002, the Financial Intelligence Centre Act (FICA) 38 of 2001, and security monitoring systems installed throughout the country, including in major cities.

Reply:

The President raised the matter of DDM in the context of that all provincial government departments were able to collectively work together in addressing service delivery issues in Mamusa Local Municipality in January 2020.

Mamusa Local Municipality was stabilised after it's dissolution as all senior manager posts were filled which were vacant for a number of years also there was significant improvement in revenue collection and the municipality was able to pay its long outstanding obligations.

However, in the advent of new council that came in after local government elections these gains were reversed as currently the Political in fighting by councilors and that affects service delivery. The Premier has established a team of MECs who are on the ground in a bid to resolve the challenges.

Reply:

a) The Committee on the Rationalisation of Areas and Judicial Establishments of the Division of the High Court of South Africa held the following meetings:

(i) Virtual meeting held on 13 July 2021. Introductory meeting with Deputy Director-General Court Services.

(ii) Virtual meeting held 29 September 2021: Discussion of the draft Road map with the DDG Court Services

(iii) Physical meeting 5 November 2021 at Protea Hotel Fire and Ice, Pretoria: Department’s detailed submission to the Committee outlining the following aspects:

• The challenges pose by pre-1994 areas of jurisdiction of the high courts; in particular, the Eastern Cape and Gauteng divisions
• Proposed changes to the current areas of jurisdiction of the high courts; and
• Proposed additional local seats with a view to increase access to justice.

(iv) It is expected that the National Prosecuting Authority (NPA) and the Office of the Chief Justice (OCJ) will present their submission regarding the above, at the date to be confirmed.

b) The Committee was expected to submit its Interim Report on or before 15 October 2021 and its final report by 31 December 2021. Subsequent to the presentation by DoJ&CD the Committee then had a sense of the work to be completed and then it was agreed that the Terms of Reference be amended to provide for new dates for submission. In terms of the Committee’s roadmap the OCJ and NPA were supposed to make similar submission to the Committee. There was hesitation from both the OCJ and NPA which derailed the commitments made on the roadmap. The Terms of Reference (ToRs) were thus amended to provide for new dates regarding the submission of reports by the Committee. The dates in the new ToRs were revised to 15 April 2022 for the submission of its Interim Report, and 30 July 2022 for the submission of its Final Report.

c) Expenses incurred to date

Item	Amount
Venue for meeting (Protea Fire and Ice, Pretoria)	R16 524.00
Accommodation	R4 478.77 (Only done for one members for 2 nights. Others members did not require accommodation)
Flights	R9 233.49 (for 2 members)
Shuttle	R2 732.24
Ten (10) Laptops	R232 387.10
Ten (10) Wi-Fi Routers	R53 880.00
Printers	R56 575.00
Payments to Members of the Committee	R767 103.95
Total	R1 142 914.55

Reply:

THE MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT:

The Department takes approximately 71 days to allocate a farm from the date the advertisement was published until the signing of the lease agreement. This is indeed not acceptable and is being reviewed with the aim to shorten the process.

The Department is currently finalising an on-line system through which applications for land allocations will be processed in line with the approved Beneficiary Selection and Land Allocation Policy. I

Reply:

a)  The Department of Water and Sanitation (DWS) has over the years developed interventions to address water shortages within the country. This intervention includes forms of grants(conditional) that are aimed at provision of sustainable water supply through the provinces.

The DWS is managing two infrastructure grant funding programs namely Regional Bulk Infrastructure Grant (RBIG) and Water Services Infrastructure Grant (WSIG). The two grants subsidise Water Services Authorities to implement bulk projects through RBIG and reticulation projects through WSIG. The two programs fund projects that reduce water services infrastructure backlogs and enhance access by ensuring sustainability of services. The projects include-:

• New infrastructure development
• Upgrade of existing infrastructure
• Refurbishment and or rehabilitation of existing infrastructure etc

b) For the 2021/22 financial year, the department is implementing 126 projects in all the 9 provinces which are funded through RBIG and 230 through WSIG to address water shortages and provide sustainable and adequate water provision in different municipalities. Part of the intervention will include the implementation of the District Development Model.

 

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Reply:

The District Development Model has been rolled out in all the district and metro spaces as a way of institutionalising Intergovernmental relations. The roll out in these districts is centred on the development of the One Plans for all district and metro spaces. The One Plans identifies key diagnostic issues as well as the vision, key strategies and implementation commitments to be implemented by all spheres of government in each district and metro space. The One Plans specifically focuses on Governance and Financial Management which is critical in ensuring municipal institutional stabilisation and red tape reduction to attract and retain investment. There is also the focus on integrated service provisioning which is meant to contribute to ensuring the provision of dependable services to households and business in each district and metro space.

To date, 42 One Plans have been finalised and submitted to DCOG. The Department is in the process managing the One Plan quality assurance process which will entail the assessing the One Plans and determining if they were developed in line with the guidelines provided. This process will ensure that feedback is provided to all three spheres of government on the gaps identified and recommendations on the improvements of the One Plans.

Furthermore, the deployment of National Ministers and Deputy Ministers by the President as DDM Political Champions remains an important element in providing oversight of the implementation of the DDM at district and metro level. The political Champions have played a critical role in unlocking bottlenecks in the implementation of critical projects across various districts and ensure improved service delivery.

Through the DDM approach, DCOG working with other departments have facilitated the process to develop Municipal Support and Interventions Plans for the 64 municipalities identified as dysfunctional.

Reply:

1(a)(i). The Department had one case/ incident of sexual harassment handled by the Directorate: Human Resources Management.

(ii). To date no case/ incident of Sexual assault has been reported in the Department.

(aa). The Department had only one (01) case of sexual harassment and no case of sexual assault reported during the past three financial years and;

(bb). The Department had no cases of sexual harassment and sexual assault reported since 1 April 2021.

(b)(i). One case of sexual harassment was opened and concluded.

(ii) No case of sexual harassment and sexual assault was withdrawn.

(iii) No case of sexual harassment and sexual assault remains open and pending based on the incidents.

(c). No disciplinary hearing sanction pronounced or meted out; the alleged employee resigned whilst the disciplinary hearing was still in progress.

Reply:

Sekhukhune District Municipality has been allocated a total budget of R130 million through Regional Bulk Infrastructure Grant (RBIG) to implement 3 bulk water supply projects namely, Mooihoek, Nebo and Moutse Bulk Water Supply.

The municipality has also been allocated R 51,6 million through Water Services Infrastructure Grant (WSIG) to implement water services projects which includes groundwater development, construction of storage tanks and reticulations in various villages within the district including Maebe, Tukakgomo and GaMarishane.

Both grants are under schedule 6B and are indirect transfers and can only be paid as per the invoice of work done by the service providers and verified by the Department of Water and Sanitation, the Sekhukhune DM, and project steering committee.

The project management of the two grants is governed by the prescripts of the Division of Revenue Act and the Public Financial Management Act and Treasury Regulations to give guidelines to follow when disseminating funds to Sekhukhune District Municipality and how claims are made.

The appointment of contractors is done by Sekhukhune District Municipality, as the Implementing Agent in line with the supply chain processes. The municipality is required to establish steering committee and project management teams projects implemented for projects under implementation. This ensures effective monitoring of the project progress and payments for completed work. The invoices are verified prior to making payments to confirm that the physical work done is in line with the amount being claimed.

 

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Reply:

The tables below provide details of the total amount spent by the Minister, Deputy Minister of Justice and Constitutional Development, and the officials of the Department of Justice and Constitutional Development on catering, entertainment and accommodation since 29 May 2019:

(i) Minister and Personnel
Description	2019/2020	2020/2021	2021/2022	Total
a) Catering	R7 423.00	-	-	R7 423.00
b) Entertainment	R263.00	R4 235.60	-	R4 498.60
c) Accommodation	R1 536 203.67	R537 007.44	R820 987.34	R2 894 198.45
	R1 543 889.67	R541 243.04	R820 987.34	R2 906 120.05

(ii) Deputy Minister and Personnel
Description	2019/2020	2020/2021	2021/2022	Total
a) Catering	R1 424.85	-	R480.00	R1 904.85
b) Entertainment	R3 145.00	-	R2 088.10	R5 233.10
c) Accommodation	R249 451.10	R53 141.74	R108 312.00	R410 904.84
	R254 020.95	R53 141.74	R110 880.10	R418 042.79

(iii) Departmental
Description	2019/2020	2020/2021	2021/2022	Total
a) Catering	R5 883 618.80	R778 208.35	R1 519 545.11	R8 181 372.26
b) Entertainment	-	-	-	-
c) Accommodation	R119 119 041.10	R75 124 425.40	R87 709 342.92	R281 952 809.42
	R125 002 659.90	R75 902 633.75	R89 228 888.03	R290 134 181.68

Reply:

My Department has not made any engagements with the Rharhabe Royale House nor the Royal House contacted the Department regarding the 150th anniversary of the death of Chief Maqoma.

a) However, the Department has through its agency; the South African Heritage Resources Agency in January 2019 completed the construction of a memorial wall in commemoration of Chief Maqoma, Ntaba Ka Ndoda. The gravesite is not a Declared Site in accordance with the National Heritage Resources Act (Act 25 of 1999) and as such, its management remains under the custodianship of the province, and local authorities. SAHRA will engage the Rharabe Royal House on the purpose of grading the grave.

Reply:

What is the total (a) percentage and (b) number of students who (i) graduated from community education and training colleges and (ii) completed their Level 4 General Education and Training Certificate for Adult Basic Education and Training qualification in the

(aa) 2017, (24 757) (38.0%)

(bb) 2018, (28 154) (43.5%)

(cc) 2019 (41 638) (77.2%)

(dd) 2020 (22 764) (57.9%)

(ee) 2021 – the data will be available after mop-up (completed investigations, submitted reports to Umalusi and data verified as final data) in July 2022.

Reply:

1. It is incorrect to say that the Department funded lawyers to litigate against the ZM Makeba Trust. We were approached by the family through the Miriam Makeba Foundation (NPC), to assist to resolve the dispute on the intellectual property of Mama Miriam Makeba. Following failed attempts, it was clear that the judiciary could only resolve this matter, and the Foundation then took the matter to the court. The Foundation later approached the Department for financial assistance to employ the services of the lawyers. Accordingly, the Department entered into an agreement with the Foundation and not with the lawyers. This perception that we wanted the lawyers should be corrected.

1. Yes. The Department was established with the key mandate to provide, inter alia, clear leadership in the art, culture and heritage and to accelerate the transformation of the arts and culture sector.

In addition, the Culture Promotion Act (CPA) as amended, provides inter alia that the Minister may in order to develop and promote arts and culture in the Republic provide such other services as are necessary or expedient, or subsidise or finance the provision of services by any person (see section 2(1)(b)(vi)). It was for this reason that we saw it fit to assist in this matter, given our mandate.

Reply:

As responded in question 776. The status quo remains.

Reply:

The Nooitgedagt Coega Low Level Scheme (CLLS) project, which will deliver water to Nelson Mandela Bay Municipality (NMBM) is nearing completion. The expected date of completion is end July 2022.

Upon completion of the project, an additional amount of 70MI/day will be delivered to NMBM which will take the total amount to 210 MI/day. It is anticipated that the delivery of water will commence around end of March. The total cost to completion is estimated at R 534 million.

The plant has been designed to deliver an additional 70Ml/day if required. However, the current allocation is 210Ml/day which is the maximum water that can be supplied by the plant.

The department is currently implementing the Algoa Reconciliation strategy where all possible augmentation schemes are investigated to determine which will be the next most viable scheme to augment the water supply to NMBM. The further extension of the Nooitgedagt water scheme forms part of the study. This will however mean that the allocation from the Orange Fish system will have to come out of water savings from the Agricultural Sector.

The other schemes that are being investigated is the Sea Water Reverse Osmosis, Wastewater Reclamation, Groundwater and more efforts towards Water Conservation and Demand Management. The department is of the opinion that they should concentrate on bringing the water losses down to an acceptable rate before other options are explored.

Reply:

As responded in question 818. The status quo remains.

Reply:

1. At the onset, it should be indicated and made clear that the Makeba matter has never been about funding litigation between warring factions. From its inception, the Makeba project has been about the protection and preservation of the intangible heritage of the Makeba legacy as per the mandate of the Department. Amongst other issues, this was the resolution of the dispute between Trustees on the one hand, and Beneficiaries of the ZM Makeba Trust, on the other hand concerning the ownership, protection, and preservation of the Makeba legacy. Miriam Makeba was a national figure, and her legacy remains a national heritage.

2. Yes, this was the right way of protecting the national heritage and legacy. Section 2 of Culture Promotion Act (CPA) gives the Minister express discretionary powers to finance any organisation or project - whose objectives are likely to have an impact throughout the country. In this regard, it was the Minister’s privilege to exercise discretionary powers in deciding whether the objectives are likely to have the needed impact. In this event, my office decided accordingly that this matter would have a national impact and should therefore be addressed.