Questions and Replies

Reply:

While dealing with counterfeit goods falls mainly within the mandate of the South African Revenue Service (SARS), the nature of the challenges to address it necessitates a holistic government approach and this is where the State Security Agency plays its part.

The SSA’s approach to the illicit economy is guided by its mandate and the provisions of the National Strategic Intelligence Act No 39 of 1994, namely:

• Section 2 (1) (a) – identify any threat or potential threat to national security and supply intelligence regarding any such threat to NICOC

• Section 2 (1) (b) – relates to the counterespionage responsibility

• Section 2 (1) (c) – relates to assistance to other departments.

Departmental support is central to the SSA’s function and entails the provision of intelligence on any threats or potential threats to national security that fall within the functions of a department of State, and include the provision of intelligence needed by such a department in order to neutralise the threats.

The SSA’s focus is on a strategic level to determine and advise on the nature and extent of the risks posed by the illicit economy to South Africa’s economic well-being, and to evaluate the strategic implications of the illicit economy for the state’s national interests, -security and -power. Intelligence inputs are provided for in the National Intelligence Estimate (NIE) that identifies intelligence priorities. The SSA has identified illicit trade and illicit commodities as a risk in its Departmental Intelligence Estimate of 2021.

Consequently, the focus is on economic security of which a major part is to determine the threats and provide early warning on the nature and extent of the risks that the illicit economy and economic crimes pose to South Africa’s economic well-being, and to evaluate the strategic implications of the illicit economy as stated above. Hence, the SSA’s role is to conduct operational activities and provide intelligence support in the mitigating of economic crimes and illicit economic activities in cooperation with relevant stakeholders.

The SSA only considers illicit economy activities for purposes of collection and analysis when such activities are evaluated to represent a significant threat to: (i) South Africa’s economy (ii) the welfare of its citizens, (iii) and/or the legitimacy and continuity of the democratic state.

The SSA will continue to support interdepartmental processes at a national level with the aim of addressing the illicit economy. The main function of the SSA in these interdepartmental initiatives is to provide policy- and operational intelligence support in line with its departmental function when requested by other departments. One such area of cooperation in which the SSA is an active participant relates to mitigating risks posed by vulnerabilities at Ports of Entry and the borderlines that are exploited to transfer counterfeit goods. Vulnerable ports are continuously monitored and tactical operations are conducted on illegal shipments, consequently, transgressors are apprehended and dealt with through the various law enforcement agencies that have executive powers. The SSA also shares information with the Border Management Authority (BMA).

Further, the SSA endeavours to improve skills training amongst its intelligence officials to carry out financial investigations and to increase the use of financial information in all relevant investigations.

The illicit economy will also remain a priority for engagements with foreign counterparts to ensure processes are in place for effective and efficient exchange of information. The SSA has prioritised the illicit economy, including the issue of counterfeiting, in various past engagements of the Committee of Intelligence and Security Services in Africa.

Reply:

The mandate of State Security Agency is to provide timely intelligence to government on domestic and foreign threats or potential threats to national security across the country, including in the three mentioned cities. Hence the SSA directed by various legislative prescripts plays a supportive role to law enforcement agencies through the provision of intelligence on threats posed by gang activities to the country’s national security with emphasis on the following:

• The nature and extent to which gangs threaten the economy, human welfare and sovereignty.
• The nature and extent to which 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, through the Intelligence Coordinating Committee (ICC), shares information with South African Police Service Counterintelligence for further investigation on identified or potential perpetrators to guide law enforcement on ensuring successful prosecution. Hence, the SSA supports investigations and mitigation strategies to address transnational organised and syndicated criminal activities, as well as their causal factors.

The countering strategy is to focus on the extent to which organised crime undermines good governance, sabotages the State’s economy and threatens the welfare of communities and sovereignty.

Reply:

South Africa requires an ongoing and sustained multiple water resource infrastructure build programme, in addition to effectively operating and maintained existing assets. However, due to fiscal constraints, DWS cannot only rely on fiscal support to develop the required infrastructure especially for the implementation of the National Water and Sanitation Master Plan.

The National Water Resources Infrastructure Agency (NWRIA) would be better positioned than the Department of Water and Sanitation to raise funds from sources other than the fiscus and be able to seek lines of credit with international multilateral institutions. These will include commercial banks and development finance institutions such as the Development Bank of Southern Africa (DBSA).

The NWRIA will consider a hybrid model when it comes to infrastructure funding, which will also include the Presidential Infrastructure Fund. Based on its PFMA listing and authority, credit rating and condition of assets, the NWRIA would be able to raise commercial and development finance, domestic and international markets. The DWS will continue engagements with the Infrastructure Fund with the aim of identifying projects that could be financed through the Fund.

Reply:

1. Yes. The Minister for the Public Service and Administration received a request for approval of compensation level IV on the appointment of Mr. Madikizela as Special Adviser for the Premier of the Western Cape. This is in compliance with paragraph 11 of the Dispensation for the Appointment and Remuneration of Special Advisers (“the Dispensation”) which provide that “Executive Authorities must submit proposals/recommendations for the appointment of individual Special Advisers to the Minister for the Public Service and Administration for approval of the individual’s compensation level before the appointment/upgrade is effected”. Upon assessment of the request from the Premier, the MPSA approved compensation level III for Mr. Madikizela as Special Adviser to the Premier of the Western Cape.

For purposes of determining which compensation level should apply, paragraph 24 of the Dispensation requires, among others, that the Executive Authority considers the particular individual’s level of expertise and the stature in the particular field before submitting a request to the Minister for the Public Service and Administration. For this purpose, paragraph 25 of the Dispensation provides the following guidelines:

Compensation level I:

• i. The individual must enjoy noticeable national recognition as a competent expert.
• ii. The complexity of advice to be rendered is comparable to that given by a Director (Senior Management Service Grade A) in the Public Service.

Compensation Level II:

• 1. The individual must enjoy recognition as a competent expert at national level.
  2. The complexity of advice to be rendered is comparable to that given by a Chief Director (Senior Management Service Grade B) in the Public Service.

Compensation level III:

• 1. The individual enjoys recognition as a competent expert at national and to some degree international level.
  2. The complexity of the advice to be given is comparable to that given by a Deputy Director-General (Senior Management Service Grade C) in the Public Service.

Compensation level IV:

• 1. The individual enjoys recognition as a competent expert at national and international level.
  2. To appoint and retain persons with very high level skills and/or scarce skills.
  3. The complexity of advice to be rendered is comparable to that given by a Director-General (Senior Management Service Grade D) in the Public Service.

2. Based on the above, an assessment of Mr Madikizela’s CV indicated that he enjoys a sufficient degree of recognition as a competent expert at national and international level to justify the awarding of compensation level III.

3. The Dispensation does not specify the level of skills that a Special Adviser should possess except in instances where compensation level IV is to be awarded. As indicated in paragraph 1 above, the Dispensation rather focuses on the degree of recognition as a competent expert that the individual enjoys as well as the complexity of the advice that he/she would render. It should also be noted that skills does not only relate to formal educational qualifications. It also includes skills and competencies gained through other means such as work experience. Based on his CV, Mr Madikizela is highly experienced at political and executive levels.

44. The Dispensation does not specify that a Special Adviser must possess any specific educational or professional qualifications for the awarding of any of the compensation levels.

5. According to the CV submitted by the Premier, Mr Madikizela is in possession of Matric (Standard 10/Grade 12), obtained in 1996.

End

Reply:

The municipality was previously placed under intervention in terms of sec 139(1)(b) and (5) of the Constitution between March 2019 to November 2019. An administrator was appointed in line with subsection 5(c) of the Constitution from the beginning of March 2019.

Forensic investigations were instituted by the Eastern Cape Provincial CoGTA in accordance with section 106 of the Municipal Systems Act to probe allegations of procurement processes and irregularities.

In January 2020, the MEC for Cooperative Governance and Traditional Affairs in the Eastern Cape wrote a letter to the National Department requesting financial bailout on 16 financially distressed municipalities including Amahlathi Local Municipality. A joint technical team comprising of CoGTA. Provincial CoGTA, National and Provincial Treasury and SALGA was convened to develop a diagnostic report on the challenges in identified municipalities ranging from governance, institutional capacity, service delivery and financial management, wherafter recommendations were made to this effect.

The financial paralyses in Amahlathi Municipality comprise of various factors, including structural and systematic issues, institutional stabilization, administrative and governance matters. The wage bill of the municipality is significantly higher than the norm of 40% and unprocedural processes on the standardization of salaries has increased the wage bill.

Amahlathi Municipality is amongst the 64 municipalities identified in the recent State of Local Government Report as being dysfunctional.  The Department is working jointly with the National Treasury, SALGA and their provincial counterparts, and municipalities to finalize the Municipal Support and Intervention Plans.

The Department has promulgated the Municipal Staff Regulations in September 2021, setting out amongst others uniform norms and standards for municipal staff systems and procedures, including organisation design principles, financial ratios, organisation design norms and metrics. The implementation of these Regulations will provide needed stability and curtail the bloating of municipalities.

In addition, the implementation of the Regulations comes with the prototype staff establishments. The Department is on the verge of rolling out the prototype staff establishments in selected municipalities, including Amahlathi Municipality, which is aimed at guiding municipalities to organise their administration in such a manner that they are fit for purpose and responsive to the needs of communities.

Reply:

The De Hoop Dam, including the first section (40km) of the primary bulk pipeline to Steelpoort (ORWRDP Phase 2C) was completed in 2014. The construction of a secondary bulk to distribute water to the villages within the Nebo Plateau from De Hoop dam from the Malekana Water Treatment Works (WTW) commenced in January 2009.

The implementation of Nebo Scheme was planned in a phased approach and the first phase of the project was completed in December 2011. It was however, not commissioned due to delayed completion of the De Hoop Dam.

The commissioning of the completed Jane Furse pipeline from Malekana WTW to Jane Furse was also delayed due to deteriorated components of the pipeline and pump stations. The commissioning of the pipeline was halted because the contractor experienced cash flow challenges and the company was placed under business rescue.

The scheme has a capacity of 12 Ml/d and has been partially commissioned. It is operating at 4Ml/d through the Malekana WTW as construction for most of the bulk infrastructure is still in progress. The plant provides water to eight villages including Ga-Malekana, Ga-Masha, Ga-Maepa, Makakateng, Mphana, Mpelegane, Ga-Maphopha and Ga-Rantho. The Sekhukhune District Municipality (DM) is in the process to resume the commissioning process to functionalise the pipeline from Malekana to Jane Furse, which will supply water to forty-two (42) more villages.

Once the construction of the bulk water supply infrastructure pipelines is completed, the capacity of the Malekana WTW will ensure the sustainable water provision to all the villages that are meant to benefit from the scheme.

To cater for growing demand for water in the area, the Sekhukhune DM has concluded the technical report to upgrade the WTW from 12Ml/d to 24Ml/d. However, the funding remains a challenge as the Municipal Infrastructure Grant is fully committed. There is a need to reprioritise funding for the WTW upgrade as soon as possible to align with bulk distribution projects. The funding required amounts to R121 million.

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Reply:

a) The Department’s Maintenance Integrated Case Management System (Maintenance ICMS) data collection system does not collect information on the number of cases kept in abeyance specifically for cases where parents against whom support is claimed cannot be found. The Maintenance ICMS captures data relating to court processes and therefore does not specifically collect data on maintenance investigation processes which are administrative processes conducted outside of the court related processes before or during formal enquiry as part of maintenance file preparation. As Maintenance Investigators carry out investigations on a variety of issues which are critical as part of preparation of maintenance cases, these were not captured because of lack of human resources capacity. However, other efforts are underway to establish monitoring systems for the administrative processes relating to case preparation functions carried out by court support officials (Maintenance Clerks, Investigators and Officers). These include the linking of the TransUnion System to the Maintenance ICMS and the development of the Person Verification System (PVS) for Family Matters. The first PVS to be developed by the Integrated Justice System in conjunction with the Office of the Chief Family Advocate (OCFA) will be the Maintenance PVS.

b) The Department is currently using the services of a third party provider, a credit bureau institution (TransUnion), to help to investigate maintenance respondents in first time applications and in cases where the respondents have defaulted in maintenance payments. This system is used to track and trace the respondents’ whereabouts; their financial information; and the assets to ensure that the Magistrate is provided with sufficient information to hold formal enquiries in respect of the various types of maintenance applications applicable. This system enables the Department to bring to court maintenance respondents and defaulters who may not want to be found to ultimately pay maintenance for their children as obliged in terms of the law. Third party provider systems are not the only means used to conduct investigations to track and trace the whereabouts of the respondents or Defaulters. Maintenance Investigators use a host of other sources to gather both personal and financial details of parties involved in maintenance applications. These include information from Municipalities Vehicle Registration Offices, Department of Labour, Department of Housing; South African Revenue Services (SARS) etc.

END

Reply:

As reported in the 2020/21 Departmental Annual Report on the Child Justice Act, 2008 our courts recorded a 55% increase in the number of rape charges against children who appeared in preliminary inquiries, compared to the previous reporting period. The percentage calculation is based on a percentage contribution of rape to all the charges recorded during the 2020/21 reporting period compared with the percentage contribution of rape to all the charges recorded during the 2019/20 reporting period.

(a) What steps will be taken by the department to investigate the reasons for the exponential increase in the rape charges?

In addressing the alarming rise in sex crimes perpetrated by children, the Department has commenced with a two pronged approach at provincial and national levels:

(a)(i) The Department has already identified 6 provinces, which recorded the highest numbers of rape charges against children appearing in preliminary enquiries, as the focal areas where primary interventions must be undertaken, and these are: Mpumalanga (50%), North West (45%), Limpopo (36%), Eastern Cape (30%), Free State (30%) and KwaZulu-Natal (29%). Each of these provinces has a fully-functional multisectoral Provincial Child Justice Forum- tasked to monitor the provincial implementation of the Child Justice Act. Each Forum will conduct an investigation to identify the core drivers of the high numbers of child sex offenders in its province so as to develop tailor-made interventions for prevention, response and care by the end of May 2022. These plans must be correlated with the National Strategic Plan on Gender-based Violence and Femicide (NSP GBVF) (2020- 2030), which seeks to end GBVF and sex crimes in the country, whether perpetrated by adults or children.

(b)(ii) The Department has also considered the recent research study on Children Seeking Justice: Safeguarding the rights of child offenders in the South African Criminal Court[1], which reveals the increasing number of children who commit sexual offences against other children. The study found that many child offenders fall into the highest vulnerability category because of previous sexual abuse victimization, apart from neglect and abuse. On 22 February 2022 the Directors- General Intersectoral Committee on Child Justice requested the National Technical Intersectoral Committee on Child Justice to consider the recent studies on this issue as the basis on which the national action plan for intervention can be developed. This is to ensure that government actions target the identified root causes of the problem. The Departments of Social Development and Basic Education will be the key implementers of this Plan since they are the key drivers of the early crime prevention programmes for children and parents. The two Departments are represented at all levels of child justice and the NSP collaborations. This Plan will be the enhancement of the NSP GBVF to avoid the unnecessary duplication of government interventions.

(b) What co-operation will be pursued with other departments to find solutions to this dire state of affairs?

(b)(i) The Department intends to use the existing collaborations of the NSP GBVF to find and execute solutions, as aspired by the NSP. The NSP is a multisectoral strategic framework to realise a South Africa free from gender-based violence and femicide. Its collaborations draw representations from a wide spectrum of government and civil society organisations at national, provincial and local levels. It targets all perpetrators of GBVF, irrespective of age. Among its collaborations is the GBVF Inter-Ministerial Committee, chaired by the Minister of Women, Youth and Persons with Disabilities, and tasked by Cabinet to give political oversight in the implementation of the NSP.

Understanding the array of social ills that are the core drivers of child offending in South Africa, the NSP GBVF recognises children who experience violence within families and institutions as the main target group for intervention. Poverty, malnutrition, racism, bullying, drug addictions, corporal punishment at home, dysfunctional families, poor/lack of parenting are some of the dominant and fundamental breeding foundations for GBVF child offending. Pillar 2 of the NSP GBVF provides key activities for prevention and restoration of social fabric which include:

• the adoption and roll out of school-based gender-based violence prevention programmes;
• GBV prevention integrated into the roll out of Early Childhood Development programme; and
• parenting and early childhood development programmes to build non-violent and gender transformative approaches to parenting.

These NSP indicators are spot-on towards ending child offending in sex crimes and GBVF-related crimes. The Department therefore does not intend to re-invent the wheel as the government and civil society formations of the child justice sector are already the key stakeholders in the implementation of the GBVF NSP.

The NSP stakeholders, including the DoJ&CD, report performance to the Presidency via the Department of Women, Youth and Persons with Disabilities on monthly basis. The reports are signed by the respective accounting officers or heads of government institutions. The Directors-General Intersectoral Committee on Chid Justice will receive similar reports for monitoring purposes.

Songca, R. 2019. Children seeking justice: safeguarding the rights of child offenders in South African Criminal court. De Jure Law Journal. p. 316-334. Available at http://dx.doi/org/10.17159/2225-7160/2019/v52a17 ↑

Reply:

(1) & (2) The Disaster Management Regulations is a function of collective decision making by the National Coronavirus Command Council and Cabinet. As such the Minister of Cooperative Governance and Traditional Affairs is not best placed to advise on or define the term mandatory prophylaxis and whether or not this might include mandatory vaccination as a part of such prophylaxis. The Minister of Health is best placed to provide a suitable response and it is proposed that the question be addressed to him.

Reply:

1. In view of media reports on his address at the Constitutional Rights Conference in Cape Town in February 2022, during which he stated that the mandate of Legal Aid South Africa (LASA) will be expanded to assist victims of evictions, what steps have been taken by his department to extend the statutory scope of LASA;

1. Legal Framework

In accordance with the Legal Aid SA’s mandate and the objects as provided in the Legal Aid South Africa Act, 39 of 2014:

1.1 Regulation 17 determines as follows in respect of the granting of legal aid in terms of the Restitution of Land Rights Act:

“17. (1) Legal Aid South Africa may grant legal aid for cases under the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994) if the Land Claims Commissioner—

(a) makes funds available to Legal Aid South Africa to fund the matter;

or

(b) is the opposing party to the litigation or possible litigation.

(2) Legal aid may not be granted for the claim lodgement and investigation under the Restitution of Land Rights Act, 1994.”

1.2. Regulation 18 provides for legal aid for persons affected by the Land Reform Act, the Extension of Security of Tenure Act, and the Prevention of Illegal Occupation and Eviction from Land Act and reads as follows:

“18. (1) Legal aid may be granted to persons affected by the Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996), the Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997) and the Prevention of Illegal Occupation and Eviction from Land Act, 1998 (Act No. 19 of 1998): Provided that the granting of legal aid in terms of this regulation is subject to the making available of funds by the relevant government department.”

2. Steps taken-

2.1 In December 2019, the Inter-Ministerial Committee on Land Reform resolved to:

• Establish the Land Court to deal with all land related matters and that Legal Aid SA should be mandated and funded to provided legal representation to persons who are not able to afford their own legal representation; and
• Recommended the transfer of the Land Rights Management Facility (LRMF) from the Department of Agriculture, Land Reform and Rural Development (DALRRD) to Legal Aid SA.

•  

2.2 The Land Court Bill was introduced into Parliament on 01 May 2021, and confirmed the intended transfer of the legal representation function to Legal Aid SA at a Ministerial press briefing of 01 March 2021.

2.3 A Committee consisting of the Department of Justice and Constitutional Development (DoJ&CD), Department of Agriculture, Land Reform and Rural Development as well as Legal Aid SA was set up in February 2020 to implement the transfer of the Land Rights Management Facility to Legal Aid SA including compliance with the requirements of the PFMA for the transfer of the function.

2.4 A Task Team constituted by Legal Aid SA, Land Rights Facility Management of the Department of Agriculture, Land Reform and Rural Development as well as the NS Attorneys started the co-management of the Land Rights Management Facility from July 2021 to ensure a smooth transfer of the functions to Legal Aid SA on 01 January 2022. During this process, an assessment of the land matters handled by LRMF was conducted and this informed the organizational capacity/structure and funding which will be required by Legal Aid SA to deliver the additional mandate.

2.5 There are three (3) specific areas where Legal Aid SA is required to take over the function from the LRMF to provide legal services to litigants: Land Restitution, Labour Tenants and ESTA Evictions. Therefore, Legal Aid SA has a mandate to assist farm occupiers, labour tenants and the restitution claimants.

2.5.1 Third, Legal Aid SA will work in collaboration with other Departments (such as the Department of Agriculture, Land Reform and Rural Development, Department of Co-operative Governance and Traditional Affairs and Department of Human Settlements) to assist the victims of evictions, labour tenants or land claimants.

2.5.2 Second, Legal Aid SA will challenge the constitutionality of any sections in the Extension of Section of Tenure Act 62 of 1997, the Land Reform (Labour Tenants) Act 3 of 1996 and Restitution of Land Rights Act 22 of 1994 that are not in line with the constitution.

2.5.3 Firstly, Legal Aid SA will instruct private lawyers to oppose evictions and to challenge any constructive evictions;

2.6  Legal Aid SA took over the management of the legal representation component of the Land Rights Management Facility from 01 January 2022.

2.7 The Intergovernmental Task team chaired by the DoJ&CD facilitated the transfer of the LRMF and transitional arrangements in accordance with the Department of Public Service and Administration Transfer of Functions and National Treasury Regulations. The Minister of Agriculture Rural Development and Land Reform submitted a motivation to the Minister of Public Service. Administration, with the support of the Minister of Justice and Correctional Services motivating for the transfer of the LRMF Function with the necessary Budget. The Minister of Public Service Administration in February 2022 approved the transfer to the function and submitted same to the Minister of Finance for the implementation of the Budget Transfer. National Treasury is currently in the process of implementing the transfer of the Budget to the baseline budget of Legal Aid SA for 2022/23.

2. Whether there has been any investigation by his department on the additional capacity that may be required by LASA to fulfil the additional services; if not, why not; if so, what are the relevant details?

Investigation on additional capacity and staffing:

a) During the co-management process as indicated in paragraph 2.4 above, the investigation as to the additional capacity was assessed based on the current case load and the outcome of the investigations informed the structure below.

b) The staffing structure currently consists of the Legal Executive: Land Rights Management, 4 Senior Legal Practitioners and Administrative Staff – 1 Personal Assistant, 1 Administrative Officer (Account Capture), 1 Taxation/Verification Officer, 1 Finance Officer and 2 temporary Administrative Officers to assist with capturing R172M in commitments.

c) The Legal Executive: Land Rights Management is responsible for overseeing and monitoring the performance of the Land Rights Management Unit.

d) It is vital to mention at this stage that Legal Aid SA will implement this project in two phases. The first phase as mentioned above, is interim, and the second phase is permanent.

e) Going forward the legal services delivery model for land rights matters will be implemented as follows, and therefore additional capacity will be required

f) Legal Aid SA plans to employ its own staff in each province to undertake land rights matters, as opposed to the judicare system currently used. This will assist in reducing the contingent liability substantially as well as the ongoing costs of outsourcing these matters to practitioners in private practice. It will also assist in ensuring that quality legal services are provided to farm occupiers, labour tenants and land claimants. The legal practitioners from Legal Aid SA will be trained and equipped with the necessary skills and resources. The Legal Aid SA quality assurance programme will be applied in land rights matters.

g) The Provinces, as currently serviced by Legal Aid SA, will be divided into regions. The number of regions to be established and legal practitioners to be allocated to each region is determined by considering the number of active cases inherited by Legal Aid SA from the LRMF, as well as an anticipated increase in the numbers of land claims matters to be referred to the Land Claims Court as indicated by the Chief Land Claims Commissioner.

h) The following table summarises the proposed permanent structure and the staff of the Legal Aid SA Land Rights Management Unit.

Item No.	Province	No. of Regions	Staffing Per Region
	Kwa-Zulu Natal	4	One (1) Supervisory Legal Practitioner One (1) Senior Legal Practitioner One (1) Junior Practitioner One (1) Paralegal
	Mpumalanga	4	One (1) Supervisory Legal Practitioner One (1) Senior Legal Practitioner One (1) Junior Practitioner One (1) Paralegal
	Western Cape	4	One (1) Supervisory Legal Practitioner One (1) Senior Legal Practitioner One (1) Junior Practitioner One (1) Paralegal
	Gauteng	3	One (1) Supervisory Legal Practitioner One (1) Senior Legal Practitioner One (1) Paralegal
	Eastern Cape	3	One (1) Supervisory Legal Practitioner One (1) Senior Legal Practitioner One (1) Paralegal
	Free State	3	One (1) Supervisory Legal Practitioner One (1) Senior Legal Practitioner One (1) Paralegal
	Limpopo	3	One (1) Senior Attorney One (1) Junior Attorney One (1) Paralegal
	North West	3	One (1) Supervisory Legal Practitioner One (1) Senior Legal Practitioner One (1) Paralegal
	Northern Cape	2	One (1) Supervisory Legal Practitioner One (1) Senior Legal Practitioner One (1) Paralegal

END

Reply:

1. In order to resolve the administrative challenges relating to the management of the Ingonyama Trust Board, the Department of Agriculture Land Reform and Rural Development has seconded one official at the Chief Financial Officer level to assist with the Financial Management functions;

(2) No, Ingonyama as Trustee of Ingonyama Trust does not need to be given powers by anybody since such powers are conferred upon Ingonyama by the KwaZulu-Natal Ingonyama Trust Act No. 3KZ of 1994.

Reply:

(1)(a),(b),(i),(ii),(aa),(bb),(cc),(2)(b)

Yes. The Department of Agriculture, Land Reform and Rural Development (DALRRD) has consulted with the Onderstepoort Biological Products (OBP) and agreed that due to the nature of the information required, an investigation and mining of data needs to be undertaken. The process will assist to ensure correctness of the information in order for DALRRD to be able to respond with certainty and accuracy. DALRRD undertakes to investigate and respond to the question as soon as possible.

Reply:

a) To circumvent this and similar situations, a number of plans aimed at strengthening administrative systems, governance and improving accountability in local government were unveiled including the enactment of the Local Government: Municipal Systems Amendment Act, 2011, (Act No 7 of 2011) [herein referred to as the “2011 Amendment Act”]. The 2011 Amendment Act comes as a policy response to institutional and administrative challenges of municipalities. It outlined government’s resolve to professionalise local public administration to ensure fair, efficient, effective and transparent municipal administration. It also empowered the Minister and MEC responsible for local government to take apprioptiate steps as may be necessary to enforce compliance with the appointment requirements, where an appointment has been made in contravention with these requirements, including an application for a declaratory order to the court. As the Honourable Member maybe aware, the Constitutional Court declared the 2011 Amendment Act unconstitutional and invalid in its entirety in March 2019, as the Bill preceding the 2011 Amendment Act was incorrectly tagged by Parliament 2011 which has negatively impacted government’s resolve to professionalise the sector. The Local Government: Municipal Systems Amendemnt Act [herein referred to as the “Amendment Bill”] was re-introduced to Parliament in February 2019 with the same provisions as enacted in 2011. Parliament is hard at work to finalise the Amendment Bill. In the interim municipalities will continue to be monitored and supported to adhere to the legislation in respect of the appointment of senior managers, and to ensure that municipalities comply with key recruitment and selection statutory provisions.

b) Where a councillor(s) knowingly took an unlawful action or decision, which invariably results in instability in municipalities that councillor(s) will be held liable for any fruitless and wasteful expenditure that the municipality may incur as result of voting in favour of resolutions before the council or a committee of the council which conflicts with legislation applicable to local government. It introduces a liability clause in the Code of Conduct for Municipal Councillors contained Municipal Structures Act, 1998. 

Reply:

The information received from the North-West Province:

1. There are no two (2) reservoirs that were built in 2019 and the only existing reservoir is the 3,5 ML/day reservoir that was built in 2009 and on its own does not have sufficient capacity to cater for the demand, it feeds from Valkop Water treatment works.

2. As per the above, it is the 2009 built 3,5 ML/Day that requires refurbishment or upgrade to cater for its demand.

Reply:

a) Dysfunctional Communal Property Associations (CPA) have been identified and the dysfunctionality ranges from non-compliance with the Act, mismanagement of CPA resources as well as conflicts and disputes amongst the members. The Department has therefore in terms of section 13 of the CPA Act approached the courts having jurisdiction in the area where the CPAs are situated and applied for an order to place the Communal Property Association or Provisional Association under the administration of the Director General. The Director General has, pursuant to such orders being granted, and powers given to him/her, appointed judicial administrators to administer and manage the affairs of the association as directed by the court. This intervention has resulted in the dysfunctional CPAs being placed under administration.

 

b) (i) Six (6) CPAs are considered dysfunctional in the Republic.

(ii) Please refer to the table below on CPAs under administration:

Province	CPA Name	Reg No
Eastern Cape	Mgungundlovu	15/1451/A
Mpumalanga	Moloto	08/1109/A
North West	Barolong Boo Modiboa	07/0982/A
Northern Cape	Khomani San	09/1230/A
Northern Cape	Richtersveld Sida! Hub	99/0146/A
Western Cape	Elandskloof	99/0001/A

Reply:

1(a) and (b) Yes, the Minister established and maintained a record of staff members of municipalities dismissed for misconduct or staff that resigned prior to finalisation of the disciplinary proceedings against them in terms of the Municipal Systems Amendment Act, 2011 (Act No. 7 of 2011).

(i) The Municipal Systems Amendment Act, 2011 was invalidated by the Constitutional Court on 9 March 2019. In terms of the principle of constitutional legality, the authority of the Minister to maintain and disseminate the record has taken away. Therefore, the Minister cannot legally continue to exercise this authority.

(ii) As regards details of employment of staff, the information information is kept by municipalities in their capacity as employers. The Honouarable Member is advised to direct his question to municipalities.

2. The record is moot.

Reply:

In terms of section 18(2) of the Intelligence Services Act, 2002 “a member may be discharged from the Agency or demoted by the Director-General if, after a hearing in the prescribed manner as to his or her fitness to remain in employment or to retain his or her rank or grade, the Director-General is of the opinion that such member is guilty of misconduct.” However, there are other sanctions that the Director-General may impose in respect of a member who has been found guilty of misconduct, as provided for in Regulation 14 of Chapter XVIII of the Intelligence Services Regulations, 2014.

When a member of the SSA is found to have committed financial misconduct that has resulted in financial loss for the Agency, the matter is referred to the relevant law enforcement Agency for investigation, as contemplated in section 86 of the Public Finance Management Act, 1999, read with Regulation 4 of the Treasury Regulations.

Reply:

The Eastern Cape Executive Council intervened in the affairs of Amahlathi LM in March 2019 in terms of section 139(1)(b) and (5) of the Constitution due to  financial crisis and failure by the municipality to provide basic services. The intervention was revoked in November 2019, and an Administrator’s close-out report indicated both progress and outstanding challenges remaining. The recommendations from the Administrator’s report was for the remaining challenges, post the revocation, must be dealt with by the province in providing support to the municipality in terms of section 154 of the Constitution, amongst others these challenges included finalising the municipal turnaround plan, strengthening revenue collection, reviewing organogram, and continuation of deepening public participation. To some extent the intervention yielded some positive results, electricity losses were addressed and there was improved state of governance.

In addition, based on our departemnt’s own assessment of the State of Local Government, Amahlathi LM was identified as dysfunctional. In bringing stability in this municipality, the Department developed Municipal Support and Interventions Plan(MSIP) in collaboration with Department and National Treasury and other sector departments, focusing on four (4) key performance areas, namely: Governance, Administration/Institutional Capacity, financial management and Service Delivery/ Disaster Management.

Amahlati LM was identified by National Treasury as amongst those municipalities requiring Section 154 support by national and provincial government. To that end, national and provincial government are providing support to the municipality.

Reply:

a) The National State of Disaster is envisaged to end by the 5th April 2022.

b) The national state of disaster was extended each time following the determination by the National Coronavirus Command Council and Cabinet that the need to augment the existing legislation and contingency arrangements through the disaster management regulations was still required.

Reply:

(a) As per data taken from PERSAL, the total number of vacancies in the Public Service stood at 164 661 as at end of quarter 3 of the 2021/2022 financial year (31 December 2021)

(b) In terms of Section 3(7) of the Public Service Act, 1994, the recruitment and filling of vacant posts within a department is the responsibility of the relevant Executive Authority.

The MPSA and DPSA continue to support departments through policy and setting of Norms and standards in order to efficiently fill vacancies within the parameters of the legislative framework. Regular status reports are also shared with Heads of Department through FOSAD and Cabinet Committees.

End

Reply:

PUBLIC SERVICE COMMISSION: (PSC)

The Public Service Commission (PSC) is an independent Constitutional body, accountable to the National Assembly. It is therefore not an entity or body reporting to the Minister of Public Service and Administration (MPSA). Its budget is appropriated via the MPSA.

The supplier invoices unpaid is as follows:

DESCRIPTION	CURRENT (a)	30 DAYS (aa)	60 DAYS (bb)	90 DAYS (cc)	120 DAYS (dd)	TOTAL (b)
Number of unpaid invoices	109	-	-	-	-	109
Amount outstanding	R 4,586,928.59	-	-	-	-	R 4,586,928.59
Date envisaged that amount will be settled	2022/03/15		-	-	-	-

REPLY:

CENTER FOR PUBLIC SERVICE INNOVATION (CPSI)

(a) (i) The CPSI does not have any supplier invoices that remain unpaid for more than

(aa) N/A

(bb) N/A

(dd) N/A

(b) N/A

(c) N/A

REPLY:

NATIONAL SCHOOL OF GOVERNMENT (NSG)

The following is the response of the National School of Government, a government department under the Minister of Public Service and Administration.

(a) What number of supplier invoices currently remain unpaid by (ii) each entity reporting to the Minister of Public Service and Administration for more than:

(aa) 30 days - None

(bb) 60 days - None

(cc) 90 days - None

(dd) 120 days – None

(b) What is the total amount outstanding in each case:

None

(c) By what date is it envisaged that the outstanding amounts will be settled?

Not Applicable

REPLY:

DEPARTMENT OF PUBLIC SERVICE AND ADMINISTRATION (DPSA)

The Department of Public Service and Administration is not in possession of any unpaid invoices for which there are contractual obligations.

Kindly note that the information provided pertains to the DPSA only and not for other entities reporting to the MPSA.

End

Reply:

a) Lifestyle audits will be considered “not passed” if criminal conduct was identified during a lifestyle review, which was referred for a lifestyle investigation that progressed into a criminal investigation conducted by the Police, and eventually resulted in a prosecution. The consequence will be a criminal record, as pronounced by court. Disciplinary steps will also be taken against such an employee. Regulation 61 of the Public Service Regulations, 2016, guides the re-employment of former employees dismissed for misconduct.

b) The completion cycle of lifestyle audits is linked to the financial interest declaration cycle and as such must be completed at the end of each financial year for Senior Management Service (MS) Members and at the end of every second financial year for non-SMS Members.

End

Reply:

 In support of the provisioning of quality learning and teaching, the Quality Learning and Teaching Campaign (QLTC) has established inclusive QLTC structures across all levels of the system. In addition, the QLTC has established partnerships with relevant stakeholders who support education programmes.  The QLTC  has  developed monitoring and support programmes that assist the system to identify areas of need as well as develop strategies for intervention. The QLTC further participates in advocacy and campaigns to create awareness on critical programmes of education. The campaigns are conducted in collaboration with relevant stakeholders that will be  youth formation, traditional  leaders, Faith-Based Organisations, Non-Profit Organisations,  SGBs, Businesses, etc. 

Reply:

DIRCO has been monitoring developments in consultation with the Head of Mission, at the South African Embassy in the Ukraine prior to the evacuation of the South African citizens. The Embassy created a WhatsApp group for all the South African citizens to register to enable the Embassy to keep them updated on developments. The Head of Mission has been active on the group and His Excellency has been in constant communication with the South African citizens on developments and advising them to leave Ukraine considering the growing threat.

The Head of Mission negotiated the safe passage for South African citizens through Poland, Romania and Hungary which citizens used and a number of them were able to return to South Africa. DIRCO is pleased to report that no casualties or fatalities were reported. The South African Missions in Poland and Hungary were proactive in assisting South African citizens as they arrived in the respective countries.

Reply:

Question 932 (1) (a)	Question 932 (1) (b)	Question 932 (2)	Question 932 (3) (a)	Q932 (3) (b) (i) (ii)	Question 932 (c)
Province	Municipality	Name of Informal settlement	Responsible for TRU and De-densification	TRU and Dedensification directive	Informal Settlements de-densified	Where and how they were de-densified	Nature of TRU
Gauteng	City of Johannesburg	Diepsloot	HDA	Construction of 2 208 TRU’s	The Project was handed back to the CoJ for further implementation following the expiry of the implementation protocol (IP) between the HDA and CoJ. There were no completed TRUs at the time of hand over to the City.	N/A	N/A
			COJ	Resettlement of 1348 approved beneficiaries to completed units in Riverside Project	Project was completed	N/A	N/A
Gauteng	City of Johannesburg	Zandspruit	HDA / COJ	Construction of 1402 TRUs on Zandspruit Ext. 84	The Project was handed back to the CoJ for further implementation following the expiry of the implementation protocol (IP) between the HDA and CoJ. There were no completed TRUs at the time of hand over to the City.	N/A	N/A
1. Gauteng	City of Johannesburg	Ivory Park (Rabie Ridge)	HDA / COJ	Construction of 1200 TRUs Erven 1075 & 1345 Rabie Ridge	3 TRU show houses completed, however, they were destroyed during community unrests due to delayed payment of locals. The project was then handed over to the City of Johannesburg for further implementation	N/A	N/A
2. Gauteng	City of Johannesburg	Alex Stjwetla	JOSHCO / GDHS	Construction of 4581 TRUs	The project is being implemented by JOSHCO to de-densify Stjwetla informal settlementand they are in the process of constructing 1500 TRUs	N/A	N/A
3. Gauteng	Merafong	Khutsong	HDA / GDHS	Allocation of 1500 completed units in Elijah Barayi to qualifying beneficiaries	Khutsong/Kokosi	894 households relocated into completed housing units in Elijah Barayi by the HDA and the rest were relocated by the Gauteng Provincial Department of Human Settlements.	N/A
4. Gauteng	City of Tshwane	Mamelodi Hostel	HDA / COT	Construction of 1000 TRUs	Mamelodi Hostel	The project scope was reduced to 633 units of which 454 are completed. The process of allocating the completed units to the targeted beneficiaries was done by the City of Tshwane.	Relocatable 30 m2 primed steel rectangular tubing used for wall frames and brown chromadeck broad float for external cladding, gypsum fire board is used for internal cladding on all walls as well as Internal partition wall.
5. Gauteng	City of Tshwane	The TRU and TRA are required accommodate Mamelodi flood victims.	HDA / COT	Construction of 100 TRUs	Mamelodi flood victims. The households have resided in halls and churches since the floods	62 units were completed out of the initial planned 100 units. There were no beneficiaries identified by City of Tshwane to construct the remaining 38 units.	Relocatable 30m2 prefabricated fibre cement formwork modular panel structure with a design life span of more than 15 years.
6. Limpopo	Fetakgomo-Tubatse	Burgersfort Ext 10	HDA	Relocation of 152 households to TRUs on farm Apiesdoringdraai	Burgersfort Ext 10	The project was suspended by the Limpopo Department of CoGHSTA.	N/A
7. Limpopo	Tzaneen	Talana Hostel	HDA	Relocation of 40 households to TRUs on adjacent land	Talana Hostel	40 units completed; however, the remedial works has not been implemented pending approval of the building plans by the municipality.	Light steel 30 m2 relocatable structure with external IBR gladding.
8. Limpopo	Lephalale	Mamojela	Water & Sanitation	Augment basic services provision (water)	Augmentation of basic services completed	Augmentation of basic services completed	N/A
9. Limpopo	Thabazimbi	Smashblock	Water & Sanitation	Augment basic services provision (water)	Augmentation of basic services completed	Augmentation of basic services completed	N/A
10. Limpopo	Elias Motsoaledi	Rossenekal	Water & Sanitation	Augment basic services provision (water)	Augmentation of basic services completed	Augmentation of basic services completed	N/A
11. Northwest	Rustenburg	Boitekong	NWPDHS	Allocation of 600 sites in Boitekong Ext 16 to qualifying households and resettlement of households to permanent stands – internal reticulation and bulk infrastructure	No de-densification done to date	N/A	N/A
	Madibeng	Klipgat Madibeng Hills	Water & Sanitation	Augment basic services provision (water)	Augmentation of basic services completed	Augmentation of basic services completed	N/A
13. Western Cape	City of Cape Town	Du Noon	HDA	1500 TRUs	No de-densification done to date	N/A	N/A
14. Western Cape	City of Cape Town	Kosovo	HDA	2000 TRUs	No de-densification done to date	N/A	N/A
15.  Western Cape	City of Cape Town	Airport Precinct, Khayelitsha	HDA	3000 TRUs	No de-densification done to date	N/A	N/A
16. Eastern Cape	Buffalo City Metropolitan Municipality	Mdantsane Duncan Village	HDA	The directive involves the construction of 1174 units to accommodate residents of the Duncan Village informal settlements.	465 Units completed to date (Mtsotso – Mdantsane)	The de-densification involves the construction of 1174 units on identified sites adjacent to Duncan Village	The 30m2 transitional residential housing units are built with alternative building material on the outskirts of an existing township. These are family units located in a fenced settlement that provide both healthy living and security to the residents of the settlements
17. Eastern Cape	Buffalo City	Ziphunzana bypass & Gompo	ASLA	Construction of 2000 TRU’s in Ziphunzana bypass & Gompo	1088 serviced sites completed	N/A	N/A
18. Eastern Cape	Nelson Mandela	Moegesukkel	Water & Sanitation	Augment basic service (water and sanitation)	Augmentation of basic services completed	Augmentation of basic services completed	N/A
19. Northern Cape	Sol Plaatjie	Rietvalei	Water & Sanitation	Augment basic services provision (water)	Augmentation of basic services completed	Augmentation of basic services completed	N/A
20. Northern Cape	Sol Plaatjie	Lerato Park	Water & Sanitation	Augment basic services provision (water)	Augmentation of basic services completed	Augmentation of basic services completed	N/A
21. Northern Cape	Springbok	Witbank	Water & Sanitation	Augment basic services provision (water)	Augmentation of basic services completed	Augmentation of basic services completed	N/A
22. Northern Cape	Phokwane	Nkandla	Water & Sanitation	Augment basic services provision (water)	Augmentation of basic services completed	Augmentation of basic services completed	N/A
23. KZN	eThekwini	Amaoti	eThekwini	Augmentation of water services	N/A	N/A	N/A
24. KZN	eThekwini	Kennedy Road	eThekwini	45 units	Project Complete	N/A	N/A (permanent housing)
25. Free State	Mangaung	Caleb Motshabi / Kgotsong	Mangaung	Provision of additional basic services points	Project Complete	N/A	N/A
26. Free State	Mangaung	Grassland	Mangaung	Provision of additional basic services points	Project Complete	N/A	N/A
27.Free State	Mangaung	Bloemside Phase 7	Mangaung	Provision of additional basic services points	Project Complete	N/A	N/A
28. Free State	Mangaung	Bloemside 9&10	Mangaung	Provision of additional basic services points	Project Complete	N/A	N/A
30.Mpumalanga	Emalahleni	Iraq	Emalahleni	Augment basic services provision (water)	Augmentation of basic services completed	Augmentation of basic services completed	N/A

Reply:

No.

a) No

b) Not applicable

c) Not applicable

End

Reply:

1. The key difference between the Western Cape and Public Service is that the Western Cape appointed a service provider to conduct lifestyle audits and the DPSA opted to prepare policies and to develop its own system so that lifestyle audits can sustainably be conducted as part of an integrated departmental ethics management process.

In order for the Public Service to be able to conduct lifestyle audits, it had to prepare the legislative environment and adopt the required policies and systems that would make lifestyle audits effective. This included the following:

• The setting of clear behavioural standards outlined in a Code of Conduct.
• The adoption of conflict of interest laws for public service employees.
• The adoption of ethics infrastructure at departmental level to support ethics management.
• The adoption of whistle blowing reporting structures and policies and assurance that those who report corruption and unethical conduct will be protected under the law.
• The compulsory disclosure of financial status for public service employees.

The above elements were provided for in the Public Service Regulations that were amended in 2016 and is regarded as essential for an effective lifestyle audit regime.

After amendment of the Public Service Regulations, 2016, the necessary systems and processes had to be developed and implemented, with some requiring the adoption of directives, determinations and guides.

The proclamation of the Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit (PAEIDTAU) by the President in 2019 provided the necessary structure to coordinate, monitor and support the implementation of lifestyle audits on national and provincial level. With structures, systems and policies in place, the next step was to prioritise the training of role players. This required the development of training material. With that completed, the actual training of Ethics Officers started in 2021, with the assistance of the United Nations Office on Drugs and Crime, the World Bank and the Canadian Government funded Strengthening of Ethics and Integrity Project (SEIP). Training will continue for Ethics Officers and departmental investigators.

All of the above activities required time, and as such the Public Service became ready to implement lifestyle audits from April 2021, when the Guide on implementing lifestyle audits in the public service was adopted and implementation of lifestyle audits became compulsory.

As the system and processes are integrated in the management of ethics, lifestyle audits will become a normal part of the work of departments.

2. No, for reasons discussed under par (1) above.

End

Reply:

(a) (i) and (ii) In terms of section 17 of the Employment of Educators Act, cases of sexual nature are identified as sexual misconduct and as such are not recorded as sexual harassment or sexual assault. Since the inception of Collective Agreement 3 of 2018 which entrusted the responsibility for discipline management of sexual misconduct cases to the Education Labour Relations Council (ELRC), the Department of Basic Education (DBE) rely on the information provided by the ELRC on cases of sexual misconduct. 

(aa) Therefore, according to the information received from the ELRC a total of 152 cases were received by the ELRC in the 2019/20 until 2021/22 financial years. This is the total number of the active cases and finalised cases. 

(bb) 66 cases were reported for 2021/22 financial year.

(b)   Cases (i); (ii); and (iii)

Year	Cases Opened	Cases concluded	Cases withdrawn	Cases pending
2019/20	Information not provided	20	0	17
2020/21	Information not provided	29	0	6
2021/22	Information not provided	33	0	47
TOTAL	-	82	0	70

(c) Sanction for persons who were found guilty of sexual misconduct is dismissal.

Reply:

The Department together with the Provincial Education Department in the Eastern Cape Province as well as the project management office appointed by the EC continues to engage on daily meetings with distributors for continuous monitoring and control of the deliveries currently taking place.

Reply:

a) The projects where NRRTT played a role is nine. However, these were not part of the blocked projects that was presented on 2 March 2022. The scope of the

NRRTT included liaison with communities on Human Settlements and related matters, engagement with key stakeholders on the identified community challenges, provision of appropriate support to the distressed communities and to report accordingly on the findings and make recommendations to the Ministry and the respective department.

b) The NRRTT liaised and engaged various communities in provinces and municipalities in areas identified as hotpots such as;

1. Howell Road in KwaZulu-Natal Province
2. Kamma Heights in Nelson Mandela Bay Municipality
3. Mount Fletcher in the Eastern Cape in Kutloanong Location
4. Jerusalem Park in Welkom, Free State- Matjhabeng Local Municipality
5. Limpho Hani Section – Soul City in Viljoenskroon
6. Disteneng – Seshego, Limpopo Province
7. Paradise Park in Hermanus
8. Scottsdene and Kraaifontein in Western Cape Province
9. Parkwood protests – City of Cape Town

( c ) The metrics that were used to measure performance included the following;

1. Liaise with various communities and stakeholders in relation to hotspot areas.
2. Conduct investigations on allegations of irregularities and malpractices in the implementation and the delivery of human settlement programmes or projects.
3. Engage key stakeholders to find solutions to Human Settlements challenges as raised by communities.
4. Provide appropriate support to distress communities and make recommendations to the Minister on any Human Settlements related matters
5. Investigate community concerns and report findings, together with recommendations on the most appropriate manner to resolve them to the Minister
6. Identify appropriate steps and actions to be taken to improve implementation and delivery of Human Settlements programmes and/or projects.

Reply:

1. The Department of Home Affairs (DHA) and the Banks have not signed the Public Private Partnership (PPP) due to a number of pertinent issues that still need be resolved between the parties before the signing of the PPP agreements. These issues are related to: system support at the banks, allocation of dedicated DHA official per bank and also training of certain bank officials. Currently, the Civic Services team is under-capacitated across DHA Civic Services branches nationwide with no additional staff to send to the Banks. This issue is applicable to all potential banks for further rollout of the service, in question.

2. Indeed, equipment has been installed at ABSA Stellenbosch Branch, however there is no dedicated DHA official to be assigned to the branch. Furthermore, the issue of PPP sign-off is still pending and this will pave a way for the DHA to initiate a rollout plan (including human resources) with the banks who are will to participate and this includes ABSA Branch in Stellenbosch.

END

Reply:

1. South Africa remains deeply concerned by the escalation of the conflict in Ukraine. We welcome the commencement of talks between Ukraine and Russia. We hope that these discussions will lead to a diplomatic solution that will result in a sustainable political solution. South Africa is of the view that this armed conflict, like all others, will result in unnecessary human suffering and destruction with global ramifications. In situations of conflict, the most vulnerable tend to suffer most, during and post the conflict.

It is regrettable that at a time when the world is struggling to emerge from the effects of the COVID-19 pandemic, we are seized with a conflict that will further delay the world’s recovery. UN Secretary-General, Guterres reminded us of this when he stated that the conflict will have a huge impact on the “global economy in a moment when we are emerging from the COVID-19 pandemic and so many developing countries need to have space for the recovery”.

The UN was founded after the horrors of the Second World War, with the aim of saving succeeding generations from the scourge of war. It is for this reason that the Charter of the United Nations enjoins all member states to settle their disputes by peaceful means in such a manner that international peace, security, and justice are not endangered.

We stress that peace is best built through diplomacy and dialogue within the framework of the institutions of global dialogue, especially the United Nations. It is important for all nations to respect and uphold the principles of international law, including international humanitarian law and the provisions of the UN Charter.

The UN is now in its 76th year of existence and the events of the last two weeks have again reminded us of the urgent need to reform the UN, especially the UN Security Council, which is long overdue. We need a Council free from the legacy of the Cold War so that it can genuinely be the space where the community of nations comes together to resolve conflict and build a more just and peaceful world.

South Africa always appreciates the value that dialogue has in averting a crisis and de-escalating conflict. This is in line with our strong commitment to the peaceful resolution of conflict. In this regard, we also urge the Security Council to utilise existing tools at its disposal in support of the pacific settlement of disputes. We also believe that the Good Offices of the UN Secretary-General could make a positive contribution in finding a lasting solution to this conflict and should be utilised.

We urge all parties to approach the situation in a spirit of compromise, with all sides upholding human rights, abiding by their obligations under international law and international humanitarian law. A diplomatic solution to the problem should address the security concerns of the parties.

South Africa continues to support and encourage regional initiatives such as the Minsk Agreements, and we welcome the work of the Normandy Format, the Trilateral Contact Group and the Organisation for Security and Cooperation in Europe (OSCE).

The situation in Ukraine should not be allowed to affect negatively other priorities of the international community and the rest of the work of the United Nations. We furthermore note with concern that not all situations of conflict have received the same attention, indeed whilst there is this focus on Ukraine, long-standing situations that the Security Council is seized with continue without resolution. It is necessary that we devote equal attention to other long-standing conflicts where the UN Charter and human rights are being violated.

2. South Africa continues to encourage all the parties, through quiet diplomacy, within all relevant international mechanisms, such as the United Nations (UN) including BRICS, to strengthen all diplomatic efforts to avoid an escalation of tensions, and work towards an inclusive, sustainable and peaceful solution based on cooperation and dialogue. In this regard South Africa encourages all parties to approach dialogue with the spirit of compromise in order to move the process forward without accusing any party, something that will not be helpful in the efforts to resolve the conflict. South Africa stands by its principled position of peaceful resolution of conflicts. South Africa reiterates the obligation of all the parties to fully implement all of their respective commitments under the Minsk Agreements, which provide the most promising roadmap for the peaceful settlement of the current hostilities, including in eastern Ukraine, and to advance the cause of peace and stability in the broader region. South Africa cannot be seen to be taking sides on the conflict as this goes against her principle/s. In addition, South Africa has good bilateral relations with both countries, it would therefore be unwise to take a different position that could compromise these bilateral relations.

 

COMPILER DETAILS

Mr Onnie Kok

CONTACT: (012) 351-1467

RECOMMENDATION

It is recommended that the Minister signs Parliamentary Reply No 904.

 

AMBASSADOR NN LOSI

ACTING DIRECTOR–GENERAL: INTERNATIONAL RELATIONS AND COOPERATION

DATE:

PARLIAMENTARY REPLY 904 IS APPROVED / NOT APPROVED / AMENDED.

COMMENT/S

DR GNM PANDOR, MP

MINISTER OF INTERNATIONAL RELATIONS AND COOPERATION

Reply:

The Department does not have the records of undocumented children as the records at its disposal are of those who are documented. As such it is difficult to ascertain the number of the undocumented children being those born to South African parents or foreign nationals. Undocumented persons have to present themselves for registration on the National Population Register by the Department to achieve such. Thus far the North West Province has received 4773 applications for children 14 years and younger, that are to be processed.

END

Reply:

a) The status of the reported cases for the Department is as follows:

(i) 2019/20 – 2 cases were reported;

2020/21 - 0 cases reported; and

2021/22 - 2 case was reported.

(ii) No incidences of sexual assault were reported in the last three financial years.

b) Since 1 April 2021, only 2 cases have been reported.

(i) 2 cases were opened, 1 in the Department and 1 reported to CCMA, none of these have been concluded;

(ii) No case has been withdrawn;

(iii) The 2 cases are still open, the case with the department is still undergoing a disciplinary process and the case CCMA is at arbitration stage

c) The sanction of dismissal was meted out to the employee who was found guilty.

 

END

Reply:

1. According to the departmental records on the National Population Register (NPR) the total number of girls under the age of 18 years married in the past eight years to date is as follows:

ACADEMIC YEAR	14	15	16	17	TOTAL UNDER-AGE MARRIAGES
2015			14	57	71
2016		1	5	56	62
2017		1	7	25	33
2018			11	16	27
2019		1	13	29	43
2020			8	21	29
2021		1	7	13	21
2022				1	1
TOTAL		4	65	218	287

2. The statistics above were recorded on the National Population Register (NPR) and were not registered per province. The statistics therefore only represent the total number of under-age marriages during the review period.

END

Reply:

(1) (a) 912 (b) 706 (c) 547

(2) In terms of the valuation of educator qualifications, unqualified educators that are both academically and professionally unqualified with the qualification equivalent to Grade 12 while the under-qualified educators are those that are professionally qualified both in terms of subject matter and methodology but below the minimum qualification of matric plus three-year professional qualification. The table below summarises the number of qualified and unqualified educators as of December 2021. Only 218 were appointed permanently.

PROVINCE	UNQUALIFIED (a) (I)(ii)	UNDER-QUALIFIED (b)(i)(ii)	TOTAL
EASTERN CAPE	29	132	161
FREE STATE	44	40	84
GAUTENG	8	62	70
KWAZULU/NATAL	123	15	138
LIMPOPO	1	17	18
MPUMALANGA	56	32	88
NORTH WEST	3	84	87
NORTHERN CAPE	308	10	318
WESTERN CAPE	456	155	611
TOTAL	1 028	547	1 575

3. The detailed information per district and school is attached as Annexure A.

4. Over the years the Department has implemented various programmes, particularly, to assist un-and-under-qualified educators to improve their qualifications. The National Professional Diploma was implemented as an interim qualification for the purpose of upgrading under-qualified educators. 

Reply:

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Reply:

The transport sector, across the world, experienced massive ridership drop due to the pandemic brought about by the Coronavirus (Covid-19). This followed stringent measures imposed by many countries to mitigate and curb the spread of the virus. Some of these measures included restrictions in the movement of people through lockdowns as well as encouragement for people to work from home.

In South Africa, the taxi industry bore the brunt of these measures. Initially, taxis were permitted to carry only 50% of their licensed vehicle capacity and this was later increased to 70% when the lockdown restrictions were eased. The industry also had to contend with increased cost of procuring cleaning disinfectant materials for vehicles and sanitisers for passengers. The net effect of all these to the industry has been a declining revenue base and an increase in costs, which left many operators struggling to stay financially afloat.

In response, the Department secured once off ex gratia relief funds to the value of R1,135 billion to assist operators to mitigate the effect of Covid-19. The relief scheme is not intended to compensate for loss of income and was provided in terms of the Disaster Management Act.

The Taxi Relief Fund was approved as relief to operators from the impact of the Covid-19 pandemic.

Reply:

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Reply:

(a) One (1)
(b) R 702,937.00

Reply:

a) The total number of incidents of sexual harassment and sexual assault that were reported in the department for the past three financial years:

(i) Sexual Harassment

2018/2019- 0

2019/2020- 2 cases were reported.

2020/2021- 0

2021/22 to date- 5 cases were reported.

(ii) Sexual Assault

2018/2019- 0

2019/2020- 0

2020/2021- 0

2021/22 to date- 0

b) Number of cases which were:

(i) Opened and Concluded

Sexual Harassment

2018/2019- 0

2019/2020- 2 cases were opened and concluded.

2020/2021- 0

2021/22 to date- 2 cases were opened and concluded

(ii) Withdrawn

Sexual Harassment

2018/2019- 0

2019/2020- 0

2020/2021- 0

2021/22 to date- 0

(iii) remain open or pending based on incidents:

Sexual Harassment

2018/2019- 0

2019/2020- 0

2020/2021- 0

2021/22 to date- 3 cases reported and investigation is ongoing.

c) Sanctions meted out against each person found guilty:

Sexual Harassment

2018/2019- 0

2019/2020- 1 case (Dismissal).

2020/2021- 0 (No cases reported).

2021/22 to date- 1 case (FWW) and 1 not found guilty by the chairperson.

END.

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