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25 May 2020 - NW4

Profile picture: August, Mr SN

August, Mr SN to ask the Minister of Human Settlements, Water and Sanitation

(1)What steps have been taken to (a) implement the reserve or minimum flow of the National Water Act, Act 32 of 1998, in the Lemoenshoek River outside Barrydale, Western Cape, and (b) enforce the required downstream water provision flows from the dam; (2) what actions have been taken against officials who allegedly illegally authorised a borehole for groundwater abstraction within 100m of a watercourse for the owner(s) of the large dam

Reply:

(1) The Department of Water and Sanitation is in the process of determining the Resource Classes and Resource Quality Objectives for the whole Breede-Gouritz Water Management Area as contemplated in Section 13 of the National Water Act (NWA). The Lemoenshoek/Huis River is included in this project. Once the Resource Classes and Resource Quality Objectives (RQO) are finalized (gazette next financial year) and approved the flow requirements for the reserve will be set and implemented, where applicable. The RQOs project started around 2017 and was estimated to take 3-4 years and is expected to be completed by end of 2020.

Preventative measures to avoid possible impact on watercourse included regular site visits and also measuring of water levels from the new borehole in question versus the old borehole located even closer to the non-perennial stream. The observations indicated no influence to the old borehole. The landowner has been also asked to install a datalogger which will record (monitor) water levels for proper management of the aquifer. The landowner had appointed an independent Geohydrologist to perform pumping test (July 2018) before applying for a General Authorisation (GA) to ascertain impact and sustainable yield. The report provided sound recommendations in terms of borehole monitoring for future impacts which were acceptable in terms of consideration during the process.

(2) No action was taken against any official regarding this matter because the General Authorisation (Notice 538 of 2016) which was approved by the Director General (Acting) of the Department of Water and Sanitation on 15/04/2016 and clarity on the GA confirmation process/authorisation is provided on sub-section 4 below. The General Authorisation (GA) is applicable for the whole of South Africa with certain exclusion areas, amongst others that no groundwater can be taken, in terms of the GA, within a radius of 100 metres from the delineated riparian edge of a watercourse. In this case, based on the findings during the site visits and observations made, the determination made was that the extraction of such quantity (3628m3/a) of groundwater was not illegal.

The Breede-Gouritz Catchment Management Agency (BGCMA) does not authorize water use under the General Authorisation; the mandate of BGCMA is to confirm if the requirement of GA is being met for registration of water use. No approval is required as it is already approved, as mentioned above. In terms of condition 7 of the GA a person must register the water use if the use of groundwater is more than 10m3 on average per day. Below a volume of 10m3/d the taking is too small for registration. The particular Lemoenshoek property (Remainder of farm Lemoenshoek 37/24) submitted documentation to the BGCMA for the registration of the taking of water from groundwater for a volume of 3628m3 per annum. On average this is less than the required 10m3 daily taking from groundwater (small water use).

The BGCMA conducted a site visit on 3 December 2018 and the findings were as follows:

  • The river was extremely dry at the time and as the river is not delineated it was difficult to determine where the edge of the watercourse is. The river has been dry for previous years stretching from approximately 2014 and there has never been observation of flow for both summer and winter period since drought started. It should be clarified that the watercourse referred to as a river is a non-perennial stream which is a tributary of the Doring River located 4km north-west of the site.

There is an existence of old borehole which is closer to the watercourse that has been used by the farmer for irrigation and the current drilled borehole was even further away from watercourse which is a replacement of the existing borehole due to its blockage.

  • The extraction of water from groundwater was then confirmed for registration purposes, as the volume is small and the perceived risk is low.
  • Water levels observed from the new borehole were compared with water levels from old boreholes on three occasions during December 2018 to July 2019 and the results indicated no response of the old borehole to the new pumping borehole. As a result the new borehole did not seem to influence the non-perennial stream which has been dry some years prior to the drilling. It should be noted that the decision by the farmer to drill a replacement borehole was based on the fact that even the dam below was getting dry such that there was not enough water to be released downstream.

22 May 2020 - NW382

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Ndlozi, Dr MQ to ask the Minister of Agriculture, Land Reform and Rural Development

Whether she will meet the residents and the community of Ward 8, Moyeni Location, in Nyandeni Local Municipality to listen to their plight to avoid criminalisation of land activists?

Reply:

No. The Minister and the Department have not been provided with any request or information that justifies the Minister’s meeting with residents of Ward 8 in Nyandeni Local Municipality.

22 May 2020 - NW368

Profile picture: Montwedi, Mr Mk

Montwedi, Mr Mk to ask the Minister of Agriculture, Land Reform and Rural Development

Whether her department has any programmes to support commercial goat farmers in the (a) Chris Hani and (b) OR Tambo District Municipalities in the Eastern Cape; if not, what is the position in this regard; if so, what are the relevant details in each case?

Reply:

(a) The Department of Agriculture, Land Reform and Rural Development (DALRRD) does not have national programme to support commercial goat farmers in the (a) Chris Hani and (b) OR Tambo District Municipalities in the Eastern Cape.

However, the Eastern Cape Provincial Department of Rural Development and Agrarian Reform (DRDAR) provides technical, advisory and veterinary support to goat farmers in the province of the Eastern Cape. Furthermore the DRDDAR in collaboration with the University of Fort Hare are improving local goat production through research and goat development programme.

Improved goats are distributed to local goat farmers under DRDAR Livestock Production Improvement programme in order to improve food security through goat production in communities.

22 May 2020 - NW720

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Van Minnen, Ms BM to ask the Minister of Transport

(1) (a) What plans does the Passenger Rail Agency of South Africa (Prasa) have for when the remainder of the AFRO4000 locomotives, which are deemed unsuitable for the rail network, are delivered to the Republic and (b) which entity would take ownership of the locomotives; (2) (a) whether Prasa has already paid R2,6 billion for the locomotives; if not, what is the position in this regard; if so, why is Prasa negotiating to purchase the locomotives; (3) what (a) is the relationship between Prasa and certain companies (names furnished) and (b) steps is Prasa taking to ensure restitution of the R2,6 billion?

Reply:

PRASA has commenced exploratory talks under the guidance of the Department of Transport with the Liquidators of Swifambo contract as well as Stadler Rail the Company that acquired Vossloh Espana. Due to the COVID-19 pandemic, the discussions have been suspended will resume at a later stage. PRASA is looking at the best deal on this contract and what will be resolved will certainly protect the interest of PRASA.

22 May 2020 - NW443

Profile picture: Mabhena, Mr TB

Mabhena, Mr TB to ask the Minister of Transport

(1)Whether he has found that the failure to establish the Consultative Environmental Committee infringes and violates the rights of the citizens and is a violation of the SA Civil Aviation Authority (SACAA) (details furnished); (2) whether he has been informed that a licence was granted to a certain company (name furnished) for a heliport, however to date no Consultative Environmental Committee has been established; if not, what form of recourse will he initiate to correct the current violation of the SACAA regulations; if so, what steps has he taken in this regard noting that the residents of Buccleuh have been hardest hit in terms of the alleged dereliction of duty by SACAA; (3) whether there was any public consultation process that was undertaken when the heliport was established, if so, will he furnish Mr T B Mabhena with the (a) details of the meeting(s) and (b) attendance register(s) of the public consultation process?

Reply:

South African Civil Aviation Authority (SACAA)

Answer Q1:

No right are currently being violated by the SACCA, through the non-establishment of a Consultative Environment Committee, for the reason as set out below;

  • The regulation does not impose a requirement for the establishment of a CEC, but allows discretion by the Director of Civil Aviation to be applied as the necessity of a CEC.
  • The establishment of land-based aviation infrastructure, such as heliport, airport or helistop, is subject to approval by the land Use Management Authority, which is the local authority, who is responsible for zoning restrictions on activities, etc. for its area of jurisdiction.
  • The monitoring, implementation and enforcement of the Spatial Planning and Land Use Management Act 2013, (Act No.16 of 2013), is not the responsibility of the SACCA.
  • The SACCA relies on the approval granted by the relevant authority, before proceeding with the assessment of an application for the establishment of any aviation infrastructure.
  • In addition, part of such an approval includes and environment assessment or scoping, which is also considered by the Land Use Management Authority, before granting its approval.

A Consultative Environment Committee can be established at the discretion of the Director of Civil Aviation, should she deem it necessary in line with the provisions of Part139.03.8(4) of the Civil Aviation Regulations. Such a need may rises because of changing conditions around an established facility, where approval by local Authority has been in existence for a significant length time. Ordinary the Director is not expected to establish a Consultative Environmental Committee with regards to newly established facilities as environmental assessment and scoping process is one of the reports to be considered by the Local Authority during the approval process, unless the Local Authority has stated the requirement of a Committee, or similar consultative structure, as a condition of approval of a facility. In the case of Ultimate Heli, the Land Management Authority (Johannesburg)did not impose any conditions that impacts that mandate of the SACCA.

Answer Q2

a)  Ultimate Heli applied for a heliport licence. Their application was not granted as they are yet to meet all legal requirements. They were, however, issued with a helistop approval, which has less stringent requirements than a heliport licence approval. Ultimate Heli is still in the process of expanding their facility in order to comply with heliport licence requirements. In terms of the Civil Aviation Act 2009 (Act 13 of 2009 the Minister is not required to be informed of such an approval.

B) As highlighted with the answer to Question1, the non-establishment of a Consultative Environment Committee is not a violation of the Civil Aviation Regulations,2011, as the Director of Civil Aviation has a discretion to establish such a committee should it be necessary.

c)  Although not a legal requirement as this stage, the SACCA is aware that Ultimate Heli is in discussions with Buccleuch residents, in order to provide for a forum where they will discuss issues of common interest.

Upon reviewing the matter, the Minister of Transport does not deem it necessary to initiate any form of recourse as there is no dereliction of duty or failure by the Department of Transport or the SA Civil Aviation Authority. The Minister of Transport herby advises that this matter referred to the Land Use Management Authority, by the complainants, being the City of Johannesburg.

Answer Q3

The requirement for public consultative meetings is contained in the process leading up to an environment approval under the applicable environmental legislation and is the function of the Local Authority, before granting its zoning approval. It is not a requirement to be fulfilled by the SACCA or the Department of Transport, in terms of the Aviation Legislation.

SACCA is, however, required to do public consultation in order to solicit public comments or the establishment of heliports. The latter was done through publication in Government Gazette, as prescribed in Part 139.03.11 of the Civil Aviation Regulations, 2011.

The said application was published in Government Gazette Nr:918, published on 31 August 2018 for public comment, followed by a correction notice, Nr:944, on the 12 September 2018, due to error in the closing date stated in Nr:918. No comments were received in relation to the issues raised in this PQ, or any other concern relating to environment impact. Question3(a) and (b) therefore do not apply as the said public consultation was an initial requirement from the local Authority in approving the location, from an Environmental Impact Assessment perspective, and subsequent publication required by the Civil Aviation Regulations, was done by publication through Government Gazette, in compliance with the regulations, and not holding public hearing.

22 May 2020 - NW227

Profile picture: Mey, Mr P

Mey, Mr P to ask the Minister of Transport

(1)Which authority has he appointed in terms of section 7 of the National Road Traffic Act, Act 93 of 1996, as inspectors of transport manufactures, builders and importers in Gauteng; (2) which regulations or provisions regulate (a) the issuing of permits for commercial transport operators on public roads, (b) the technical requirements pertaining to the vehicles and (c) operational requirements of such transport services; (3) which provision requires of a truck-tractor and semi-trailer combination to be subjected to the procedure referred to as sequencing?

Reply:

1. Which authority has he appointed in terms of section 7 of the National Road Traffic Act, Act 93 of 1996, as inspectors of transport manufactures, builders and importers in Gauteng;

Answer

Initially, the Department appointed SABS, however, due to the establishment of the National Regulator for Compulsory Specifications (NRCS) in terms of the NRCS Act, 2008 the NRCS is performing the functions of the inspectorate of manufacturers, builders and importers. The NRCS and the Department are negotiating the details of the Service Level Agreement the parties intend concluding.

2. Which regulations or provisions regulate (a) the issuing of permits for commercial transport operators on public roads, (b) the technical requirements pertaining to the vehicles and (c) operational requirements of such transport services;

Answer

(a) Section 45(1)(a) of the National Road Traffic Act, 1996 (Act No.93 of 1996), provides that “ subject to paragraph (b), the owner of a motor vehicle of a prescribed class is the operator thereof and shall upon licensing thereof, be registered as such in the prescribed manner and on the prescribed conditions. Section 47 also provides that no person shall operate a motor vehicle of any class contemplated in section 45(1) on a public roads unless a valid operator card is displayed on such motor vehicle in the prescribed manner.

Furthermore, Section 81 (2) of the National Road Traffic Act provides that the MEC may, after the applicant has paid the fees or charges referred to in section 7(3) and subject to such conditions as he or she may determine, authorise in writing, either generally or specifically, the conveyance in a safe manner on a public road of passengers or any load which does not comply with the loading restrictions provided for by the Act.

(b) The technical requirements for such vehicles are contained in the TRH11 Dimensional and Mass Limitations and Other Requirements for Abnormal Load Vehicles which contains types of abnormalities, load and vehicle configurations, abnormal load classification, dimensional limitations, i.e. length, width, height, overhangs, load projections, wheelbase, turning radius, mass limitations, marking and escorting, speed restrictions, technical detail and calculations, road usage factor calculation, effective width calculation and tyre pressure calculation.

(c)  The operational requirements are contained in both the TRH11 Administrative Guidelines for Granting of Exemption Permits for the Conveyance of Abnormal Loads and Dimensional and Mass Limitations and Other Requirements for Abnormal Load Vehicles.

Answer

3.which provision requires of a truck-tractor and semi-trailer combination to be subjected to the procedure referred to as sequencing?

The requirement for sequencing is contained in the TRH11 Administrative Guidelines for Granting of Exemption Permits for the Conveyance of Abnormal Loads which is used by Provinces in granting permits for the operation of such vehicle on public roads.

 

22 May 2020 - NW369

Profile picture: Chabangu, Mr M

Chabangu, Mr M to ask the Minister of Transport

What is the percentage of locally produced goods that the Airports Company of South Africa uses to maintain all airports under its control?

Reply:

Airports Company South Africa (ACSA)

The Service contracts used for the maintenance of ACSA’s assets have been analysed and information relating to the provisions of spares components and materials for both local and foreign procurement has been extracted. The labour components have excluded from the exercise, however, in all instance are 100% local.

The outcome of the exercise is as per the table below:

 

Local Component

Foreign Component

Total Spares components and materials

R258 93 309

R110 774 242

 

70.03%

 

The foreign components generally comprise spares required for:

  • Baggage handling systems
  • Automated Weather observations Systems
  • Airfield Ground Lighting Systems
  • X-ray Machines
  • Passenger Boarding Bridges
  • Instrument Landing systems
  • People Movers
  • Photovoltaic System

22 May 2020 - NW370

Profile picture: Chabangu, Mr M

Chabangu, Mr M to ask the Minister of Transport

What number of railway stations have closed and are no longer in use in the Republic since 1994?

Reply:

The following stations were closed and are no longer in use:

Gauteng:

  • Ellis Park – was closed in 2009 in preparation for 2010 World Cup. A risk assessment that was conducted showed that the platforms were narrow and could not accommodate the number of commuters going to the stadium. Ellis Park station was also too close to Doornfontein station and could easily use Doornfontein as the main station for Ellis Park stadium.

Western Cape:

  • Paarveneialand
  • Sunnycoast

Both stations were closed in 1996. They were not used by commuters but mainly used by railway employees and stopping was causing delays.

KwaZulu-Natal

  • None

Eastern Cape

  • None

Some of the stations (not listed) are temporarily and not permanently closed as a result of flooding, vandalism, crime, and PRASA not providing services as a result of shortage of rolling stock. As soon as projects are implemented to recover the service, these stations will be opened.

22 May 2020 - NW470

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether her department wrote letters to any farmers who are currently farming on state land to inform them to vacate the land; if so, (a) what number of farmers were affected, (b) what were the reasons given to each farmer who was asked to vacate the land and (c) what number of these letters were sent out since 1 April 2019 in each (i) district and (ii) province?

Reply:

Yes.

(a) 36

(b) See Annexure A

(c) See Annexure A

22 May 2020 - NW586

Profile picture: Montwedi, Mr Mk

Montwedi, Mr Mk to ask the Minister of Agriculture, Rural Development and Land Reform

What measures has she put in place to support farmers through the Recapitalisation and Development Programme given that some farmers have already missed planting crops for the previous season?

Reply:

None. The Recapitalisation and Development Programme doesn’t exist in the Department of Agriculture, Rural Development and Land Reform.

22 May 2020 - NW371

Profile picture: Nolutshungu, Ms N

Nolutshungu, Ms N to ask the Minister of Transport

(a) What is the total length of the railway track infrastructure in the Republic and (b) how much of it is (i) used and (ii) not used?

Reply:

(a) The total length of railway track in South Africa exceeds 20 000km. PRASA owns approximately 2 300km of railway track, located primarily in the metropolitan areas of the country.

(b) (i) All of the PRASA track is earmarked for operations / use.

(ii) However, due to the unprecedented levels of theft in the PRASA rail environment a number of services have been temporarily suspended on key corridors. The rehabilitation of infrastructure, including electrical, perway, signalling and security interventions are required to recover the rail services on these corridors. The affected corridors include the Central Line in Cape Town and the Mabopane Corridor in Gauteng.

22 May 2020 - NW471

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether (a) her department and (b) any lessees on state land owe money to the Great Fish River Water Association; if so, (i) what amount is outstanding, (ii) from what date has it been outstanding and (iii) on what date will it be paid?

Reply:

(a)  Yes, water use charge is regarded as a charge on land. However, where land is leased on a long-term basis, such liability gets passed to the lessee. In the event where the lessee fails to pay, the Department’s Policy provides for the possibility of stepping in to settle the debt and then recover the amount spent from the lessee.

(b)  Yes, in the context of the response to (a) above.

(i)  The estimation was R20, 438, 725.82 as at 20 March 2020.

(ii) From 2014.

(iii) The Department is working with the Great Fish River Water Association to reconcile the invoices and make payment as soon as that process is concluded.

22 May 2020 - NW381

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Montwedi, Mr Mk to ask the Minister of Agriculture, Land Reform and Rural Development

Whether her department is investigating the allegations of corruption and unlawful evictions of the residents of erf 90 in Nyandeni Local Municipality Ward 8, Moyeni Location; if not, why not; if so, what assistance is her department giving to the residents of Ward 8 in Moyeni Location?

Reply:

No. No allegations of corruption and unlawful eviction have been reported to the Minister or the Department in this regard.

22 May 2020 - NW719

Profile picture: Van Minnen, Ms BM

Van Minnen, Ms BM to ask the Minister of Transport

(1) Whether in light of five AFRO4000 locomotives that were sold on auction as they were not deemed suitable to run on the Republic’s rail network, the Passenger Rail Agency of South Africa (Prasa) is in talks to purchase more AFRO4000 locomotives from Stadler Rail; if not, what is the position in this regard; if so, who are the parties to the negotiations; (2) in view of the fact that Prasa is under administration and his department announced that negotiations would be complete within two weeks from 10 March 2020, what role is his department playing in the negotiations; (3) (a) what steps will Prasa take to protect the money paid to Swifambo Rail Leasing that is currently facing liquidation proceedings in the High Court, (b) are the negotiations for the locomotives related to these proceedings and (c) does it pertain to the remainder of the locomotives that have not yet been delivered; (4) (a) what is the role of the specified company in the negotiations and (b) does this matter relate to the declaratory order sought by the company to avoid a claim of R2,6 billion from Prasa?

Reply:

PRASA has commenced exploratory talks under the guidance of the Department of Transport with the Liquidators of Swifambo contract as well as Stadler Rail the Company that acquired Vossloh Espana. Due to the COVID-19 pandemic, the discussions have been suspended will resume at a later stage. PRASA is looking at the best deal on this contract and what will be resolved will certainly protect the interest of PRASA.

22 May 2020 - NW473

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Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

What is the total number of farms and/or land parcels that her department purchased in the Sarah Baartman District Municipality; (2) whether any other state-owned and/or government department (a) bought and/or (b) owns land in the specified district municipality; if so, (i) what are the details of each state-owned entity and/or department that purchased or owns land, (ii) under which programme has the land been purchased, (iii) in which year has it been purchased, (iv) what is the size of each piece of land, (v) who is the current owner and/or beneficiary on each farm and (vi) what are the details of the current use of the land; (3) whether a lease agreement exist on each land parcel; if not, what is the position in this regard; if so, on which parcels were title deeds handed over?

Reply:

1. 287

2. (a), (b) Yes.

(i), (ii), (iii), (iv),(v),(vi) See attached Annexure A.

3. See Annexure A.

22 May 2020 - NW585

Profile picture: Mthenjane, Mr DF

Mthenjane, Mr DF to ask the Minister of Transport

What are the reasons that his department is failing to assist Mr Boy Nonyane from Marite Trust in Bushbuckridge, Mpumalanga, whose house was damaged by a certain company (name furnished) during the road construction of the R40 between Hazyview and Bushbuckridge?

Reply:

  1. SANRAL contract R.040-050-2010/2 for upgrading of R40 from turnoff to Sabie (the R28) to R533 in Bushbuckridge awarded to Roadmac Surfacing (Pty) Ltd and work commenced on 28 February 2011 and ended in February 2013.
  1. The claim was made by Mr Henry Nonyane, of Stand 711; Jim Brown Trust; Hazyview that damage discovered by Ms Agnes Sehlangu to his dwelling was allegedly caused on 19 and 20 January 2012 by the action of a vibratory roller being operated by the contractor or his sub-contractors at the time.
  1. Two of the contractor’s staff, Mr Peter Makwetla and Mr Kenneth Mashego, accompanied by the Resident Engineer from Vela VKE Consultants Mr Johan Van Straten attended a meeting with Ms Agnes Sehlangu at the house. The contractor was of the view that the damage to the house could not have been caused by his operations. The position of the house was more than 50 meters away from the road, and so was far enough away for the vibratory roller to have no effect. In spite of this, the claim was referred to the contractor’s Insurance providers. The matter was investigated, and the claim was subsequently denied as there was insufficient proof that the damage was caused by the activities of the contractor. All machinery was found to comply with standard specifications.
  1. On 4 September 2012, the contractor’s brokers sent a letter via email to Ms Sehlangu that her claim was rejected. On 12 September 2012 the claimant’s legal advisors responded to above letter with request that decision be revisited. On 16 October 2012, the contractor wrote a letter to the claimant’s legal advisors that their claim was denied and no compensation for damages would be made.
  1. No further correspondence was received from the claimant by the contractor nor SANRAL since the above communication in 2012.
  1. The project was handed back to SANRAL in February 2012 and the Defects Liability period ended in February 2013. In terms of the contract with SANRAL, the contractor is obliged to carry all risks associated with claims from third parties against the contract and that SANRAL is not legally responsible. Due to fact that the contract ended in February 2013 and that the matter has now prescribed in law as it is older than 3 years, SANRAL has no further actions it can take to assist.

4 September 2012 - Letter from Contractors Brokers