Questions and Replies

Reply:

The Statistics Act, that is Act No. 6 of 1999, directs the Minister to publish the date of the census by notice of a gazette. In line with previous practice, the Office of the Minister and Deputy Minister has been working closely with Stats SA to publicise the census since the 100 day countdown and the launch of the census. They have each led numerous census publicity activities in various areas with media in tow to ensure maximum participation from the public in the sourcing of fieldworkers at large.

The Statistics Act is very clear on the responsibilities of the Minister in that the Minister may not interfere with the powers of the Statistician-General in executing the Act. The Office of the Minister is thus not involved in the operational aspects of recruitment of fieldworkers for the census as well as the sourcing and acquisition of vehicles. Stats SA has no shortages of tablets and have made adequate provisions for all fieldworkers.

Thank You

Reply:

The mentioned inmate is receiving treatment for his medical condition from the centre clinic on a continuous basis and on 01 February 2022, he was seen by the visiting medical practitioner who endorsed that the patient must be referred to King Edward Hospital.

The offender has a confirmed appointment date for 15 March 2022

END

Reply:

a) Currently, DCS has one upgrade project in execution at Parys for the construction of additional bed spaces. This project is underway and scheduled for completion during the 2022/23 financial year. The project is implemented by the Development Bank of Southern Africa (DBSA). The construction is at 85% completion.

b) Building of new correctional centres can be summarised as follow:

Projects: Construction of new correctional centre	Status
Burgersdorp	Tender advertised for the appointment of a construction contractor. Bid Adjudication stage with DPWI. Construction contractor appointment scheduled for the 2022/2023 financial year.
Lichtenburg	Project in design stages. Site clearance finalised, Construction contractor appointment scheduled for the 2022/2023 financial year. The project is in the process to be adopted from the DPWI, due to delays during the planning and design stages.
Thohoyandou	Site clearance stage: Project deferred due to budget constraints.
Kirkwood	Site identified. The feasibility studies are 80% complete. Project deferred due to budget constraints.
Richards Bay	Feasibility study stage. Project deferred due to budget constraints.
Nigel	Appointment of consultants to conduct Environmental Impact Assessments finalised. Project deferred due to budget constraints.
Leeuwkop	Appointment of consultants to conduct Environmental Impact Assessments finalised. Project deferred due to budget constraints.
George	Project deferred due to budget constraints.
Voorberg	Project deferred due to budget constraints.
Klerksdorp	Feasibility study and site clearance processes finalised. Project deferred due to budget constraints.
Khayelisha	Project deferred due to budget constraints. Site identification report completed.
Bergville	Project deferred due to budget constraints. Site identification report was completed.
Potchefstroom	Project deferred due to budget constraints. Site clearance processes not initiated.
Losperfontein	Project deferred due to budget constraints. Site clearance processes not initiated.
Polokwane	Project deferred due to budget constraints. A Township Establishment was approved by the Municipality in 2011.
Port Shepstone	Site clearance outstanding.
Mouth Ayliff	Project deferred due to budget constraints. Site clearance processes not initiated.
Engcobo	Project deferred due to budget constraints. Site clearance processes not initiated.
Queenstown	Project deferred due to budget constraints. Site clearance processes not initiated.
East London	Project deferred due to budget constraints. Site clearance processes not initiated.
Durban	Project deferred due to budget constraints. Site clearance processes not initiated.

END

Reply:

I have not received the attached letter, neither does the department have it on its records.

END

Reply:

The administration and management of schools is the competence of provincial education departments.  I therefore, had to consult with the MEC for Education in Gauteng Province, who has advised that: 

(a) The Gauteng Department of Education (GDE) has instituted an investigation on financial irregularities at the school, based on an anonymous tip off received on 29 November 2021.  The investigation is expected to be complete by 31 March 2022.

(b) The school is a section 21(1)(c) of the South African Schools Act, 1996; and is responsible to purchase textbooks, educational materials, or equipment from the specific budget allocated.  For the 2021/22 financial year, the school has received 100% of its allocated budget to fulfil the allocated function.

Reply:

1. The DALRRD has been approached by several breeder associations to request market access for ruminant semen and embryos.

a) The main interest from these associations is between South Africa and the MERCOSUR countries with emphasis on Brazil and Argentina.

b) DALRRD began negotiations for the export of ruminant semen and embryos in 2010 with Brazil and Argentina and information has been exchanged over the years. In 2016, an agreed upon veterinary health certificate for ovine embryos was achieved with Brazil. In 2017, Brazil agreed to the veterinary health certificate for caprine semen and embryos. In 2019, when South Africa experienced the Foot and Mouth Disease outbreak and lost our OIE recognised free status, DALRRD was informed by Brazil that the protocols had been amended and re-negotiation of the veterinary health certificate was required. The amended MERCOSUR requirements included Scrapie measures which were not there previously, and these excluded South Africa from qualifying for exports of ovine and caprine semen and embryos.

Industry also expressed an interest in exporting bovine semen and embryos to Australia. DALRRD completed the Foot and Mouth Disease questionnaire and submitted it with our request for market access to the veterinary Authority of Australia. In July 2015, the Australian Veterinary Authority responded to SAVSEG that South Africa’s request for market access was not a priority to them.

There was also interest to export Boer Goat genetics in 2021 to the USA. DALRRD wrote to the USDA to request market access and was informed that they are updating the regulations regarding Scrapie and would not consider market access requests until the process had been finalised. At the time, the USDA could not provide an expected time when the updating of the regulations would be finalised.

The USA also has a lengthy process of recognising the FMD and other diseases of concern, even when the OIE recognises RSA free of those diseases.

2.  Industry has assisted with obtaining copies of the MERCOSUR requirements for the export of ruminant semen and embryos to MERCOSUR member ountries. They have also assisted with having these requirements translated into English and assisted with translating the proposed veterinary health certificates into Spanish or Portuguese for the negotiations. This assistance was of great value in the negotiations and successful conclusion of the veterinary health certificates for ovine embryos and caprine semen and embryos by Brazil in 2016 and 2017 respectively.

DALRRD was informed that the USDA process to update their Scrapie regulations is due to be finalized in February 2022, the updated process has not been shared by the USA yet, and DALRRD is following up periodically.

At present South Africa is facing several challenges with regard to opening markets for the export of ruminant semen and embryos. These challenges include, but are not limited to, the following:

• there is no national animals identification and traceability system which follows livestock from birth to the final product,
• South Africa has lost its OIE recognized FMD free status,
• South Africa does not have adequate surveillance system for Scrapie in order to declare itself free according to the OIE general surveillance and specific Scrapie requirements, industry has been requested to assist.

Until these challenges have been resolved, South Africa is in a difficult position to provide the necessary animal disease guarantees required by countries interested in importing ruminant semen and embryos from South Africa.

Until these challenges have been resolved, South Africa is in a difficult position to provide the necessary animal disease guarantees required by countries interested in importing ruminant semen and embryos from South Africa.

Reply:

(a),(b),(c),(d),(e) None.

(i),(ii),(ii) Not applicable.

Reply:

Our understanding of the China Policy is that if you extend e-visa to China, all territories that are regarded as part of China are automatically covered.

END

 

 

Reply:

(a) current status of the 51 criminal cases related to public funds in the North West that are pursued by the (i) National Prosecuting Authority and (ii) Directorate for Priority Crime Investigation (details furnished):

Summary details of the 51 cases is as follows:

17 of these cases are currently enrolled;

• With a total of 19 accused persons before court
• Amongst the accused are a former head of department, three former municipal managers and a mayor.

Total amount of prejudice involved: R53 551 742.46

2 cases are currently with the NPA/ SCCU for guidance to the DPCI on further investigations to be conducted or decision on whether to initiate a criminal prosecution.

19 cases are with the DPCI for further investigations.

13 cases have been finalised with the following outcomes:

• 5 Convictions: (5 accused persons convicted)
• Total amount of prejudice involved: R2,155,990.00
• 2 acquittals
• 8 cases withdrawn / prosecution declined

Details of the 17 cases enrolled

1. Ventersdorp CAS 63/07/2021 (Fraud): partly heard and remanded to 04 April 2022 for arguments before judgment.
2. Wolmaranstad CAS 07/07/2015 (Fraud & corruption): Case remanded to 17-19 August 2022 for trial.
3. Wolmaranstad CAS 11/09/2015 (Fraud & corruption): Case remanded to 17-19 August 2022 for trial.
4. Orkney CAS 15/11/2010 (Fraud): Case remanded to 17 May 2022 for further trial.
5. Orkney CAS 17/11/2010 (Fraud): Case remanded to 17 May 2022 for further trial.
6. Orkney CAS 18/11/2010 (Fraud): Case remanded to 17 May 2022 for further trial.
7. Orkney CAS 62/11/2015 (Fraud): Case remanded to 17 May 2022 for further trial.
8. Rustenburg CAS 302/08/2014 (Fraud): Case remanded to 18 February 2022 pending representations by Accused 2.
9. Orkney CAS 16/11/2020 (Fraud): Case remanded to 22 February 2022 for a pre-trial conference.
10. Makapanstad CAS 83/12/2015 (Corruption): Case remanded to 29 March 2022 for trial
11. .Zeerust CAS 54/03/2015 (Fraud): Case remanded to 17 February 2022 for a pre-sentence report and sentencing.
12. Mmabatho CAS 206/02/2018 (Fraud): Case is on the High Court roll for trial from 14 February to 18 February 2022.
13. Setlagole CAS 09/10/2019 (Corruption): Case remanded to 19 April 2022 for trial.
14. Potchefstroom CAS 187/5/2020 (Fraud): Case remanded to 28 February 2022 for further trial.
15. Christiana CAS 37/09/2016 (Fraud): Case remanded to 30 May 2022 for trial.
16. Taung CAS 94/11/2015 (Fraud): Case remanded to 21 February 2022 for trial.
17. Rustenburg CAS 552/05/2016 (Contravention of the Municipal Finance Management Act): Case remanded to 04 April 2022 for trial.

Cases pending guidance / decision (2)

Vryburg CAS 120/06/2013 Background of Case (Summary)

Tender awarded to build RDP houses and installation of electricity at Naledi Local Municipality during the period of 2009-02-01 to 2012-12-30. The contractor failed to install the electricity as per specification but invoiced the municipality for building and installation of electricity. The Technical Director confirmed that work has been done by signing the certificate knowing that no work was done.

Current Status:

The prosecutor’s decision is awaited.

Tlhabane CAS 105/7/2014:

 ackground of Case (Summary)

It is alleged that Tau Pride Project was appointed as the principal agent for the construction of Rustenburg CHC and Tlhabane CHC without following the correct tender process.

The department of Public Works approved the tender while it was not budgeted for. Tau Pride Project left the site before they could finish the construction and another company was appointed to complete the construction while Tau Pride Project was paid the full amount for the building.

Current Status:

The contract prosecutor who initially dealt with this matter resigned from the NPA with effect from 30 September 2021. A proper hand over was done to the newly appointed prosecutors who are dealing with the matter, including consulting with key witnesses, before a final decision is made.

Matters under investigation (19):

Mmabatho CAS 7/11/2016

Background of Case (Summary)

The complainant alleged that the former HOD of Public Works who is currently the administrator of Public Works, together with the four district directors and the CFO of the Dept. of Public Works colluded to award a tender to construct roads without following the prescribed tender procedures, the tender was for the four districts: Bojanala, Dr Ruth Segomotsi Mompati, Ngaka Modiri Molema, and Kenneth Kaunda.

Current Status:

The prosecutor has studied the docket and issued queries to the investigation officer. The forensic audit report is outstanding as there is a dispute between the Department and the forensic auditor regarding payment.

The investigation team is currently engaging stakeholders to address this challenge.

Mmabatho CAS 135/01/2016

Background of Case (Summary)

It is alleged that the Department of Health appointed service providers for the upgrading of Brits hospital unlawfully.

Current Status:

The contract prosecutor who initially dealt with this matter consulted with the witnesses and as a result of those consultations identified certain outstanding issues. The said prosecutor however has resigned from the NPA with effect from 30/09/2021. A proper handover was done to another prosecutor who has studied the docket and has engaged the investigation team on the abovementioned outstanding issues.

Feedback from the investigation team is expected by the end of February 2022.

Rustenburg CAS 331/9/2019

Background of Case (Summary):

It was alleged that CMS Water Engineering was appointed fraudulently without following the procurement processes and procedures. The tender was for upgrading and extension of Bospoort Water Treatment Works in Rustenburg. It was further alleged that the abovementioned company invoiced the Municipality for services that were not rendered or supplied.

Current Status:

The docket was submitted to the DPP for decision. Certain outstanding issues have been identified. The investigating officer is dealing with these issues with the guidance of the prosecutor.

Mmabatho CAS 141/9/2013

Background of Case (Summary)

The department went on tender and the service providers namely Raliform Investment and Mr Property were appointed to deliver and service medical equipment to Vryburg and Brits Hospital. The allegations are that the officials connived with the service provider to defraud the department by inflating prices as well as paying for services not rendered (some of the medical equipment were not delivered and those delivered were not according to specifications).

Current status:

The matter is under investigation. An additional prosecutor has been added to the team with effect from 1 October 2021. Outstanding issues in conjunction with the investigation team has been identified and possible charges have been identified.

Mmabatho CAS 302/01/2014

Background of Case (Summary)

It was alleged that officials of Public Works Road and Transport colluded with service providers and that supply chain management processes were not followed during the appointment of scholar transport tender in the North West Province. A tender was advertised (PWRT 029/10) in 2010 and approximately 150 service providers were appointed in October 2010 of which some were appointed on a month to month basis.

Current Status:

The docket was submitted to DPP for decision. The prosecutor has perused the docket, case planning meetings have taken place and directives for further investigation are being attended to.

Mogwase CAS 43/09/2019

Background of Case (Summary)

Matter involves the disposal of land to the detriment of the Bakgatla-Ba-Kgafela tribe by their traditional leader and/or council, through collusion with mining companies as well as the misappropriation of tribal funds.

Current Status:

The docket was submitted to DPP for guidance. The prosecutor has issued directives for further investigation. The appointment of a forensic auditor by the administrator of the Tribal Authority is currently awaited.

Mmabatho CAS 345/5/2018

Background of Case (Summary)

A company known as AgriDelight entered into an agreement with the North West Department of Rural Environment and Agricultural Development (“the Department”) as an implementing agent for the Department. The Department would pay money to AgriDelight for the approved projects. Thus far, investigation has established that the Department made payments of approximately six hundred and four million, forty-eight thousand, eight hundred and twenty-eight rand and eighteen cents (R604 048 828.18) into the bank account held by AgriDelight.

Current Status:

Case planning meetings have taken place and the investigation team is dealing with directives issued by the prosecutor on 25/11/2021.

Mmabatho CAS 01/07/2020

Background of Case (Summary)

It is alleged that a service provider in the Office of the Premier of North West Province, namely NEPO Data Dynamic (Pty) Ltd (“NEPO”) received suspicious payments from the Office of the Premier. NEPO was appointed to provide IT services to the Office of the Premier and numerous municipalities in the North West province. There were suspicious payments made to NEPO.

Current Status:

The docket has been submitted for decision. The prosecutor has perused the docket, case planning meetings have taken place and prosecutorial directives for further investigation are being attended to by the investigation team.

Mahikeng CAS 369/06/2017

Background of Case (Summary)

The Former MEC of Public Works misrepresented to the department by signing housing documents pretending to be the MEC of Local Government and Human Settlement whereby houses were registered unlawfully to non-deserving beneficiaries.

Current Status:

Case planning meetings have taken place and the investigation team is dealing with directives issued by the prosecutor. Engagement with SIU investigators on the matter has also taken place.

Mmabatho CAS 63/02/2013

Background of Case (Summary)

The Former MEC of Finance and the Director in her office contracted Morake attorneys to render a service of proceeding over a disciplinary matter against three (3) senior officials within the department. The said law firm delayed the proceedings and inflated prices which were not agreed upon. Upon investigation it revealed that the MEC and the director connived with the service provider to invoice and inflate prices to the department.

Current Status:

The docket was submitted to the prosecutor who has issued directives for further investigation. The docket is still under investigation

Mmabatho CAS 89/03/2018

Background of Case (Summary)

The department of Health appointed a service provider namely Buthelezi Ambulances to render services of transporting patients from the clinics to the hospital. The allegations are that the tender procedures were not followed to appoint the said service provider as well as officials conniving with Buthelezi Ambulances to deviate from their initial contract and render service that they were not supposed to. Further allegations are that the service provider with the assistance of the officials inflated the amount that was supposed to be paid.

Current status:

The docket is still under Investigation, the docket has not yet been submitted to the prosecutor for decision.

Mmabatho CAS 181/5/2020

Background of Case (Summary)

The complainant, HOD of Department of Community Safety and Transport Management alleged that her department unlawfully entered into a contract with SA Express and the contract was never put onto a competitive bidding process.

The contract was for the rehabilitation and reintroduction of flights at Mahikeng and Pilanesberg Airports. The money paid out by the Department into SAX Express was paid out to various entities through a money laundering scheme which involved Koroneka and others.

Current Status:

The prosecutor has studied the docket issued directives for further investigation. The investigation is at an advanced stage.

Mmabatho Cas 36/05/2020

Background of Case (Summary)

The complainant, Administrator of Department of Transport alleged that there were irregular appointments of service providers to provide scholar transport. It is further alleged that the service providers inflated the travelling kilometres.

Current Status:

The docket is still under investigation.

Mahikeng CAS 256/4/2015

Background of Case (Summary)

It is alleged that in December 2012, a public entity known as Social Housing Regulatory Authority (“SHRA”) concluded a Restructuring Capital Grant with Mafikeng Project Securitisation (Pty) Ltd trading as Marang Estate for the construction of 2 400 housing units. It is further alleged that between19 December 2012 and 12 June 2013, an amount of R144 755 020.00 was paid out by SHRA to Marang Estate in three tranches. The said amount came from funds which had been re-directed to SHRA from Eastern Cape Department of Human Settlement and Free State Department of Human Settlement.

Current Status:

The docket was submitted to DPP for decision. Due to the scale of the allegations, the investigation was divided into sections or legs. On the first leg relating to funds paid by the public entity and the department to the private company, a decision to decline prosecution has been taken. The investigation regarding the remaining leg is still outstanding.  

Mmabatho CAS 134/03/2018

Background of Case (Summary)

The allegations are that the HoD of the Department DPW misrepresented to the department that he had invoked Section 16a of National Treasury to contractor Ayama Consulting to render service of building roads within the North West Province. Furthermore, an upfront payment of R103 000 000.00 was paid to the said contractor for services not rendered. Preliminary investigations were conducted and revealed that the tender used from Mbombela Municipality was actually for water and sanitation and not for construction of roads.

Current status:

The docket was presented for decision and on 16 November 2020 the prosecutor declined prosecution, indicating the absence of the forensic reports as main reason for the said decision. The DPCI subsequently obtained three separate forensic reports on the matter from the Department of Public Works, which they handed over to the prosecutor 18 November 2021. The prosecutor has studied the three reports and on 25 November 2021 he issued directives for further investigation thereon, which are being attended to by the investigation team.

Mogwase CAS 292/01/2017

Background of Case (Summary)

The complainant alleged that the Company Big Time Strategies was appointed to render Soft Ware services, Training and Hardware (computers etc) to the municipality and they were paid for services not rendered. Investigations were instituted and National Treasury was roped in to assist with the investigation whereby it has been established that the company was appointed unlawfully without going through proper processes as required by PFMA and MFMA.

Current Status:

The docket was submitted for decision and on 19 April 2021 the prosecutor has decided to decline prosecution. The DPCI followed up on the deficiencies pointed out by the prosecutor and has re-submitted the docket for guidance. A new prosecutor has been allocated to the matter with effect from 1 October 2021, who has studied the docket and issued directives for finalising the investigation.

Matters finalised (13):

Bloemhof CAS 187/03/2014

Background of Case (Summary)

The Bloemhof municipality had assets which were worn out and wanted to dispose them off. They then appointed an auction company to dispose the properties and the auction took place, of which the auctioneer did not pay the municipality the proceeds.

Outcome:

The accused was convicted and was sentenced on 2020-11-18 as follows:

5 years imprisonment

Mmabatho CAS 159/02/2014

Background of Case (Summary)

The complainant alleged that they appointed an auctioneer to sell property belonging to Botshelo water, and the auctioneer did not pay the proceeds to Botshelo water

Outcome:

The accused was convicted and was sentenced as follows:

3 years imprisonment wholly suspended for 5 years.

Klerksdorp CAS 392/06/2015

Background of Case (Summary)

Matlosana Local Municipality complained that certain municipal employees at the Financial Section, Indigent Unit were manipulating the system. It was further alleged that payments were done to volunteers at the Indigent Unit without them doing any work. The volunteer will then be contacted and the money would be withdrawn from the bank account and handed over to the municipal employee.

Outcome:

Accused was convicted on 2019-02-08 and was sentenced as follows:

-Accused to repay R68 530 in terms of Sec 300 of Act 51 of 1977 to Matlosana Local Municipality.

-All counts taken together for the purpose of sentences and he was sentenced to a fine of R50 000.00 or 3yrs imprisonment. He was further sentenced to 3yrs imprisonment which was suspended for 5yrs on condition that he does not commit any crime of the same nature during the period of suspension.

Rustenburg CAS 302/08/2014

Background of Case (Summary)

The complainant alleged that three employees within the salary department employed at Rustenburg Local Municipality connived with their colleagues that monies will be deposited in their accounts as acting allowances, of which they will withdraw the money and share it amongst themselves.

Outcome:

On 2019-08-26, Accused 1 was found guilty and sentenced to 10 years imprisonment of which 5 years is suspended for 5 years on each count.

Accused 1 previously entered into an agreement with the municipality after a disciplinary hearing and paid an amount to R57, 767.60

The case against Accused 2 is remanded to 18/2/2022 pending representations.

Accuse 3 passedd away during 2021.

 

Vryburg CAS 72/02/2012

Background of Case (Summary)

It is alleged that during 2007, Naledi Local Municipality made an application for the approval of housing projects in respect of Vryburg extensions 25 and 28. The Municipal Manager appointed Khasu Engineering Services without following procurement processes for the establishment of the 3 000 low cost houses. It is further alleged that the service provider submitted claims for the work not done.

(R60, 000, 000.00).

Outcome:

Accused Zwelakhe Erick Phukwana was convicted on 2021-02-11 and sentenced to an effective period of imprisonment of 8 years. A confiscation order in the amount of R454,000.00 was obtained against the accused.

The second leg of the case relating to Khasu Engineering is pending decision by the prosecution team. Consultation with witnesses are underway. This matter is investigated by DPCI, Pretoria

Wolmaranstad CAS 92/12/2020

Background of Case (Summary)

The municipality advertised a tender for refuse trucks whereby the complainant was one of the service providers that bid for the tender. The complainant alleges that he was approached by the employees of the municipality whereby they promised to influence the committee to award the said tender to him for benefit.

Outcome:

Matter was before court on 2019-04-24. The accused was acquitted.

Mahikeng CAS 165/01/2018

Background of Case (Summary)

The department of Health Advertised a vacancy for a HoD post. The appointed HoD misrepresented by submitting false information during his application. Information was received that the appointment was irregular as he did not make the requirement as per the Advert of the post. Preliminary investigations were conducted and proved that there was a prima facie case that needs further investigation. 

Outcome:

The case was prosecuted in the High Court. On 9 November 2021 the Court acquitted the accused. The court found their versions in light of all circumstances to be reasonably possibly true.

Lichtenburg CAS 259/8/2016

Background of Case (Summary)

Financial Intelligence Centre (“FIC”) identified several deposits into the bank account of the Chief Financial Officer of Ditsobotla Local Municipality from the following entities:

Khoisan Roads Cc, Ipes-Utility Management Services (PTY) LTD; and Bay Breeze Trading 241 Cc Two of the abovementioned entities are service providers of Ditsobotla Local Municipality.

Outcome:

The main suspect has passed away and prosecution was declined on 22 July 2021.

Potchefstroom CAS 81/05/2011

Background of Case (Summary)

Docket was opened by the Department of Education North West in Potchefstroom. The complainant alleges that two tenders were awarded during 2007. These two tenders were allegedly awarded to four companies. During investigations by the Department of Education it was discovered that two of these four companies were allegedly front companies.

Outcome:

The DPP declined to prosecute, due to insufficient evidence to prosecute

Hartbeespoortdam CAS 174/6/2016 & 175/06/2016

Background of Case (Summary)

Docket was opened by the Department of Water and Sanitation North West at Hartbeespoortdam. The complainant alleged that the suspects contravened sec 57 (e) of the PFMA, by appointing a company to upgrade the road at Hartbeespoortdam and Lindleyspoort dam whereas the terms of the contract does not make provisions for such services. It was also found the same service provider had received other tenders without following tender procedures.

Outcome:

The DPP declined to prosecute.

Mogwase CAS 204/03/2013

Background of Case (Summary)

The Department appointed a contractor to disburse an amount of R1.5m to create projects to alleviate poverty for 100 indigent’s community members but the contractor allegedly disbursed for only 22 indigents. The said contractor allegedly failed to return to the site to continue with the project as agreed in the service level agreement and stole the remaining amount.

Outcome:

The DPP declined to prosecute (Suspect deceased).

Mmabatho CAS 270/05/2011

Background of Case (Summary)

The department of Education Advertised a tender seeking a motivational speaker who will render service to different districts within the province for a period of six (6) months. The MEC, Superintendent General and officials connived with the appointed service provider to defraud the department by inflating prices and claiming for services not rendered.

The case was before the Mahikeng High Court and was struck off the roll on 2014-08-25 because the prosecutor needed to finalise the charge sheet and get permission from the DPP North West to re-enrol the matter.

Outcome:

Application for re-enrolment was submitted to the DPP. The DPP requested the DPCI to follow up on certain aspects before a final decision could be made. On 21 September 2021, the DPP refused authorisation in terms of section 342A of Act 51 of 1977 for re-enrolment of the matter, and the matter is now deemed finalised.

______________________________________________________________________

Reply:

In investigating this matter, DoEL consulted with DHA to determine whether DHA had granted Huawei a permit to employ more than 40% foreign nationals. The response bt DHA waqs that DHA had not granted any such permission, whether explicitly or impied. The only visas for which the Immigration regulations prescribe the 60:40 ratio are Corporate visas and Business visas. None of the current Huawei employees are on either of those two visa categories.

Home Affairs records show that Huawei has been issued with 538 intra-company transfer work visas, 76 critical skills work visas and 11 general work visas. This makes up a total of 625 work visas issued to Huawei employees.

Holders of intra-company transfer work visas do not hold a local position in the staff establishment of Huawei in South Africa. They remain employed by Huawei abroad in the Peoples Republic of China. They are physically head quartered in South Africa but employed by the mother company abroad to service other markets on the African continent.

While Huawei may have 625 foreign employees based in South Africa, those who are employed on the staff establishment of Huawei in South Africa in terms of the Immigration Regulations are 87 in total (76 critical + 11 general work).

The 87 employees are the ones who have local contracts to conduct work in South Africa for Huawei. When properly interpreted, Huawei South Africa employs 87 foreign employees.

END

Reply:

There is currently no determined date for Prasa to allow private sector access and operation of key routes. The Department of Transport is currently finalising the White Paper on National Rail Policy which pronounces on concessioning of commuter rail as an alternate method of delivery for rail services. Once approved by Cabinet , Prasa will implement the policy provisions.

Reply:

The Department of Water and Sanitation (DWS) has engaged the Sol Plaatjie Local Municipality on the matter and the municipality confirmed that at times the turbidity of treated water was elevated, but that there were no failures on bacteriological contamination as all E. coli results were within requirements.

The DWS officials conducted investigations at the Riverton WTW on 04 February 2021 and the following findings were reported:

a) Aged infrastructure on both the old and new plant and poor operations and maintenance of the works.

b) The old plant was non-operational due to chemical and chlorine pumps failure

c) The new plant has 48 sand filters in total with some sand filters out of operation; those that were operational were overloaded and full of scum due to pd) or operation and maintenance

d) From the on-site physical testing, the final turbidity count was ranging from 34.4, 18.08, 9.41 to 4.79 NTU

e) The bulk water network supply lines could be corroded or full of sand; with no routine cleaning of reservoirs; and no maintenance program for existing infrastructure.

f) No full chemical and bacteriological analysis of final treated water is available on the Blue Drop Information system.

On 21 February 2022 DWS directed the municipality, in terms of 53(1) of the NWA to:

a) In terms of the Water Services Act (Regulation relating to Compulsory National Standards, No. 5) to provide water services within its area of jurisdiction, ensuring compliance with the Compulsory National Standards for the Quality of Potable Drinking Water (DWAF, 1996), SANS 241 and subsequent updated versions.

b) Ensure all water supplied to a household is tested by the water service authority/provider, with the frequency of testing depending on the size of the community in accordance with SANS 241.

c) Establish a suitable programme for sampling the quality of drinking water; specify the sampling points, frequency and which substances will be tested for in the water; compare the results with SANS 241 and if such results indicate that the water poses a health risk - inform the DWS, the Department of Health, and consumers immediately; and

d) Ensure that all consumers are educated about water quality and its importance for human health.

Furthermore, in terms of Schedule 3(1)(2) of the NWA the municipality was directed to provide an action plan within five (5) working days including short- and long-term solutions with financial and human resource implications and assigned responsibilities on how the municipality will address all the areas of non-compliance identified above. The municipality is also expected to provide monthly reports (by the first working day of following month) indicating:

• Progress with implementation of actions,
• Operation and maintenance of treatment water,
• Storage and conveyance and the water quality test results to indicate ensure safe drinking water that meets the required standards

The response of the municipality with the action plan and implementation of the action plan is being monitored by the department of Water and Sanitation.

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Reply:

On 12 April 2021, National Treasury responded to the application from the NDA for condonation of 421 irregular transactions, committed by employees no longer in the NDA’s employ, dating from the 2015-16 financial year to the 2019-20 financial year, to the value of R96,1 million. National Treasury did not condone the irregular expenditure, because no evidence of consequence management and additional measures to prevent future occurrences of similar cases, and no determination reports were submitted with the application.

On 27 October 2021, the NDA submitted to National Treasury determination reports for the irregular transactions and appealed the decision by National Treasury not to condone.

On 21 January 2022, National Treasury responded to NDA’s request for appeal, and requested evidence that the root causes of non-compliance have been addressed to prevent future occurrences of non-compliant transactions; a determination, where possible, that services were provided at a market related price; and proof of the termination of employees linked to the irregular transactions.

The NDA collated all the required supporting information, and submitted these documents to National Treasury on 21 February 2022 to assist in a review of the condonement decision, and include namely:

a) Evidence of market analyses confirming that costs incurred were reasonably market related;

b) Evidence that the NDA officials identified to have caused the transgressions, have left the NDA’s employ;

c) Evidence of the control processes that have been put in place by the NDA to prevent and mitigate the occurrence of irregular expenditure of a similar nature in the future, including reviewed and approved SCM policies and standard operation procedures and tools;

d) Evidence of appointment and training of SCM staff to enhance the capacity of the function, and training of NDA staff in general on the SCM policy and attendant processes.

In addition, given that some of the contracts were still active at the time of compiling the report of irregular expenditure for the period 2015/2016 to 2019/2020, totalling R96 115 315.51 in value, which was submitted for condonement, the NDA included in this submission (21 February 2022), an updated list of irregular expenditure transactions for the 2020/2021 and 2021/22 financial years, that relate to the same irregular contracts that remained active from the previous years, totalling an additional amount of R2,637,679.45 of irregular expenditure.

The total irregular expenditure that now forms part of the request to National Treasury for condonement, against these irregular contracts amounts to R98,752,994.96, totalling 484 transactions covering the financial period from 2015/16 to 2021/22. All these irregular contracts have since been terminated. The NDA now awaits a response from National Treasury on the revised condonement application.

Reply:

The Railway Safety Regulator has received reports with regards to (a) the incident where an empty Transnet Freight Rail (TFR) Blue train derailed at the Union Station Loop in Germiston on Sunday, 7 November 2021 and (b) two Blue Train coaches derailing within the Salvokop Blue Train train-yard in January 2022.

The reports are currently being reviewed by the Railway Safety Regulator.

Reply:

The Lepelle Northern Water Board (LNW) is implementing a preventive maintenance plan that is combined with condition-based, predictive, and corrective maintenance on the bulk water infrastructure as a short-term solution to address water supply challenges in Polokwane.

The Department of Water and Sanitation is implementing the Olifantspoort and Ebenezer Water Supply Schemes (O&E WSS) project to upgrade and refurbish the schemes and increase capacity to meet demand in Polokwane and surrounding areas which is projected to grow to 272,3 ML/day by 2043.

Upon completion of the project, it is envisaged that water supply will be improved as follows:

• The capacity of the Olifantspoort scheme which is currently 60 ML/day will be increased by 40 ML/day.
• The capacity of the Ebenezer scheme which is currently 54 ML/day and will be upgraded by 15ML/day to 69 ML/day.

---00O00---

Reply:

a)  (i) As of January 2022, the accumulated expenditure for the project was R646 111 833.

(ii) It is expected that the project will be completed in October 2022.

b) The main delays on the project were due to:

• Unforeseen technical challenges during construction
• Delays in the procurement of critical instrumentation
• Longer than anticipated timeframes for the re-appointment of the contractor through the legally required National Treasury concurrence and appointment of Engineers.

However, the contractor returned to site on 14 October 2021 and construction work has commenced.

c) There are 15 households affected by the raising of the dam wall. Compensation will be provided in the form of 100m2 houses being constructed at an alternative site for each affected household. The affected households are being accommodated in the temporary housing erected on the stands allocated to affected families at Oakford. There are two families that have opted to remain on existing properties until the permanent houses have been constructed. The department is finalising the appointment of the contractor for the new houses.

 

Reply:

1. Operators are required to investigate all occurrences and report them to the Railway Safety Regulator (RSR) in terms of section 38 of the National Railway Safety Regulator Act, 2002. The type of investigations the RSR conducts is where occurrences result in any of the following:

(i) Multiple (more than 1) injury or fatality in any occurrence category.

(ii) Significant damage to property including assets.

(iii) Significant environmental damage.

(iv) Any occurrences on the network which may attract media attention or may give rise to a possible evacuation of a community or part thereof, occurrences which may affect the normal public road usage or an injury/death to a public figure.

a) On 7 November 2021, at approximately 00h35 it was reported that Transnet Blue train that was staged at Union station had run away and derailed at SCAW SA siding. The RSR responded to the occurrence site to determine facts which contributed to the derailment.

Transnet Freight Rail has indicated that they are conducting a Board of Inquiry (BOI) into the cause of the derailment to establish facts surrounding the occurrence and develop recommendations aimed at reducing the recurrence of the occurrence.

b) On 16 January 2022 at 11h18 it was reported that A Blue train derailed during shunting at the TFR yard in Pretoria at 11h00. No injuries were sustained, no impact on assets and operations.

This occurrence does not meet the requirements for RSR to respond to site in accordance with the RSR procedures. Since it did not result in fatalities and/or injuries to operators’ employees, members of the public, and passengers. There were no injuries sustained and no impact to asset and operations as a result of this occurrence.

2. Transnet has one safety permit; the safety permit expires on 30 June 2022. Following a request from Transnet to submit their safety application in May month, their safety permit will be extended to expire in August 2022.

Reply:

(a)(i) The number of early childhood development centers (ECDs) are still awaiting verifications per province

Province	No. of ECD centres still awaiting site verifications	No. of ECD centres still awaiting CSD-Bank verifications
EC	287	21
FS	14	10
GP	2 102	1764
KZN	53	101
LP	18	82
MP	10	83
NC	0	73
NW	157	217
WC	The province is in the process of appointing a service provider to assist with site, bank , staff verification as well as duplications, i.e. the work that was previously performed by Data Innovators	The province is in the process of appointing a service provider to assist with site, bank , staff verification as well as duplications, i.e. the work that was previously performed by Data Innovators
TOTAL	2 641	2 351

(a)(ii) The number of early childhood development centers (ECDs) awaiting payments per provinces

Province	ECD Programmes	Staff
EC	580	1 338
FS	58	171
GP	613	3 267
KZN	390	2 757
LP	611	1 784
MP	85	333
NC	42	115
NW	105	398
WC	86	283
TOTAL	528	10 446

(b) ECDs already been paid

Province	ECD Pogrammes paid
EC	1 899
FS	1 266
GP	2 327
KZN	2 946
LP	2 648
MP	1 138
NC	375
NW	621
WC	1 327
TOTAL	14 547

(c) ECD employees are still awaiting payments and employees already paid.

There was total of 115 661 staff members associated with the initial 27 884 applications. This figure reduced to 114 446 staff members due to the following: cancellations, applications becoming incomplete and data cleaning whilst resolving duplications, individuals linked to persal and deceased staff members. The figures above show the payment status of the 114 446 staff members. Of the total applications that have been received, only 13 268 ECD programmes consisting of 61 798 staff members are still outstanding for payments

15 075 ECD programmes consisting of 63 094 staff members was send to province for payment processing. To date, 14 547 ECD programmes with 54 661 staff members have been paid.

It must be noted that out of the 61 798 staff outstanding for payments, there might be a drastic drop as provinces continue with the verifications. Already there are challenges with staff, site and CSD-Bank verifications, untraceable programmes, deceased and the closed ECD centres.

Province	ECD employees still waiting payments	ECD employees paid
EC	1 338	5 307
FS	171	5 589
GP	3 267	8 900
KZN	2 757	10 816
LP	1 784	9 136
MP	333	5 046
NC	115	1 471
NW	398	2 594
WC	283	5802
TOTAL	10 446	54 661

(2) The department has received the total of R496 million of which 2% of the total allocation has been taken out for administration and R474 million for implementation of the stimulus package. R264.4 million has been disbursed to provinces. From the R264.4 million, provinces managed to pay R220 342 million. The below table provides a breakdown of the total allocations and the amounts paid.

Province	(a) Total amount allocated to each province	(b) Total amount reportedly spent by each province
EC	R54 370 000	R22 215 638
FS	R32 851 728	R23 395 584
GP	R115 081 512	R37 255 000
KZN	R85 177 000	R36 805 625
LP	R73 732 204	R38 243 296
MP	R36 694 476	R21 122 556
NC	R12 306 840	R 6 157 606
NW	R29 101 072	R10 859 410
WC	R54 711 020	R24 329 123
TOTAL	R496 000 000	R220 342 978

Reply:

(i)Minister
(a)Make	(b)Model	(c)Year of Manufacture	(d)Price	(e)Purchase date
None	None	None	None	None
(ii) Deputy Minister
(a)Make	(b)Model	(c)Year of Manufacture	(d)Price	(e)Purchase date
Lexus	NX300	2020	R664 723	06/03/2020
Lexus	NX300	2020	R664 723	06/03/2020

Reply:

(a) A total of 1327 ECD services have received payment as at 23 February 2022.

(b) The total amount paid is R24 287 263,00 to these ECD services

(c) A total of 1 798 ECD service are still awaiting payment which translate to 3125 staff.

Reply:

	(i) Minister	ii) Deputy Minister
(a) Make	Mercedes-Benz	None
(b) Model	C-Class (C180)
(c) Year of manufacture	2016
(d) Price	R653 943.27
(e) Purchase date of each vehicle purchased since 29 May 2019	28 June 2019

Reply:

(a) Titles of funded vacant positions	(b)(i) Programme	(b)(ii) Sub-programme	(c) Vacan=cy period as on 31 March 2021	(d) Date to be filled	(e) Officials in an acting capacity	(f) How was performan= ce affected
Director-General	P 1: Administration	Office of the Director-General	46 mnths	Process is underway	Yes	Acting appointment ensures continuity in the management of operations.
Deputy Director-General: Strategy & Organisational Transformation	P 1: Administration	Branch: Strategy and Organisational Transformation	10 mnths	Process is underway	Yes	Acting appointment ensures continuity in the management of operations.
Director: Gender Focal Point	P 1: Administration	Chief Directorate: Strategy Management & Transformation	42 mnths	1/12/ 2021	Yes	There was an employee acting in the post and the post has subsequently been filled.
Director: Population Policy & Strategy Monitoring & Evaluation	P 1: Administration	Chief Directorate: Population & Development	45 mnths	1/2/ 2022	Yes	There was an employee acting in the post and the post has subsequently been filled.
Director: Population Development Programmes and Capacity Building	P 1: Administration	Chief Directorate: Population & Development	8 mnths	1/12/ 2021	Yes	There was an employee acting in the post and the post has subsequently been filled.
Director: Population and Development Research	P 1: Administration	Chief Directorate: Population & Development	3 mnths	Process to reprioritise funding for critical posts.	Yes	Acting appointment ensures continuity in the management of operations.
Director: Legal Services	P 1: Administration	Chief Directorate: Legal Services	1 mnth	1/04/ 2022	No	Post filled with effect from 1/04/2022. There was no impact on the performance of the Department.
Chief Director: Information Management Systems Technology	P 1: Administration	Branch: Corporate Support Services	4 mnths	1/05/ 2022	Yes	Acting appointment ensures continuity in the management of operations.
Director: Medical Case Assessment	P 2: Comprehen= sive Social Security	Chief Directorate: Social Assistance Appeals	41 mnths	1/04/ 2021	No	Post filled with effect from 1/04/2021. There was no impact on the performance of the Department.
Deputy Director-General: Welfare Services	P 4: Welfare Services	Branch: Welfare Services	6 mnths	Process is underway	Yes	Acting appointment ensures continuity in the management of operations.
Director: Families Services and Programmes	P 4: Welfare Services	Chief Directorate: ECD & Families	3 mnths	Process to reprioritise funding of critical posts.	Yes	Acting appointment ensures continuity in the management of operations.
Chief Director: Governance and Compliance of Children’s Rights	P 4: Welfare Services	Branch Welfare Services	3 mnths	Function will be migra ting to the Presi dency	Yes	Acting appointment ensures continuity in the management of operations.
Director: VEP and Prevention of GBV	P 4: Welfare Services	Chief Directorate: Social Crime Prevention & Anti-Substance Abuse	35 mnths	22/10/2021	Yes	There was an employee acting in the post and the post has subsequently been filled.
Chief Director: Community Mobilisation and Empowerment	P 5: Community Development	Branch Community Develop= ment	48 mnths	11/08/2021	Yes	There was an employee acting in the post and the post has subsequently been filled.
Chief Director: Poverty Alleviation, Sustainable Livelihood & Food Security	P 5: Community Development	Branch: Community Development	39 mnths	13/08/2021	Yes	There was an employee acting in the post and the post has subsequently been filled.
Chief Director: NPO Registration, Funding & Compliance Monitoring	P 5: Community Development	Branch: Community Development	70 mnths	11/08/2021	Yes	There was an employee acting in the post and the post has subsequently been filled.
Director: NPO Compliance Monitoring	P 5: Community Development	Chief Directorate: NPO Registration, Funding & Compliance Monitoring	14 mnths	27/08/2021	Yes	There was an employee acting in the post and the post has subsequently been filled.

 

Reply:

(i) Minister Vehicles Mr Fikile Mbalula, MP

(a)Make	(b)Model	(c)Year of Manufacture	(d)Price	(e)Purchase Date	Office	Order Date	Comments
Mercedes Benz	Benz	2017	984,990.00	12/07/2017	Pretoria	28/06/2017	Returned for Disposal
BMW	5 Series Sedan	2021	748,624.04	27/01/2022	Pretoria	29/11/2021
Toyota	Fortuner	2017	557,927.65	28/04/2017	Cape Town	15/ 02/2017

 

(ii)Deputy Minister Hon. Sindisiwe Chikunga, MP

(a)Make	(b)Model	(c)Year of Manufacturer	(d)Price	(e)Purchase Date		Office	Order date	Comments
BMW	X5	2017	924,146,24	12/05/2017		Pretoria	12/05/2017
Jaguar	XJ	2017	800,000.00	31/03/2017		Cape Town	29/03/2017

Reply:

a) Compensation Fund has developed an Audit Action Plan to remedy the negative audit outcomes. The aim is not to deal with the symptoms of these audit outcomes, but to drill down to the root causes of them. The root causes of the audit disclaimer are not as a result of a specific person but the systemic issues related to business processes, skills shortages, ICT systems and policies. Action Plan that is currently in place, one of its key objectives is to remedy the defects that lead to the negative audit outcomes.

b) No backlogs have been reported as a result of infrastructure challenges and poor network challenges.

Reply:

a) What total number of:

(i) And (ii) Inspectors in the employ of the Department, including vacancies:

Province/Office	Filled posts	Vacant funded posts	Total posts
Eastern Cape	211	12	223
Free State	170	13	183
Gauteng	345	82	427
KwaZulu Natal	410	16	426
Limpopo	174	21	195
Mpumalanga	147	10	157
Northern Cape	87	8	95
North West	128	17	145
Western Cape	201	18	219
Head Office	18	1	19
Total	2089	198	2089

 

b) On what date is it envisaged that each positions will be filled?

Posts should be filled over the next 6 to 12 months.

About 50% of these posts are already at one or the other stage of recruitment and selection.

Reply:

a) The Department of Transport and /or its Entities do not manage road traffic at the mouth of the border, it falls within the Nkomazi Local Municipality jurisdiction supported by the Mpumalanga Department of Public Works in line with Schedule 5 Part B of the Constitution of the Republic of South Africa. However, the Cross-Border Road Transport Agency (C-BRTA) supports and contributes to the unimpeded flow of goods and passengers between South Africa and her neighbouring states through its law enforcement arm.

b) Since the Department of Transport and or its entities does not monitor traffic as stipulated above it has not done surveys to ascertain the impact of this practice. However, such a practice can contribute to the bridge collapse, congestion, reduction of efficiencies, lack of compliance to road traffic regulations and does not promote road safety.

Looking into the future, the C-BRTA is in a process of implementing a pilot, with the South African Revenue Service (SARS), on an Operator Compliance Accreditation System (OCAS) and Authorised Economic Operator (AEO). This pilot will fast-track accredited trucks to cross the border with limited interventions from border stakeholders. Furthermore, the C-BRTA is also in a process of negotiating with other government and private stakeholders regarding the implementation of a new electronic Queue Management system that will allow trucks to the border to be allocated designated time slots, the electronic queue management system will also be implemented together with a holding facility closer to the mouth of the border as there is no parking space along the corridor for such truck volumes. If trucks arrive at the border before their allocated time slots, they will then be allocated numbers on arrival and be released when called by border authorities to cross. These measures will alleviate congestion at the border and eliminate the possible utilisation of the Komatipoort Bridge as a parking space for trucks.

Reply:

1. Yes, Honourable Mkhonto, Labour Inspectors visited farms in the financial year 2020-21. A total of 1150 inspections were conducted and only 169 workplaces were not compliant with the labour legislations.

Legislation	Number of Inspections	Compliant	Non-compliant	Number issued with Enforcement document
EE	72	21	51	51
BCEA	877	836	41	41
OHS	87	39	48	48
UI	46	27	19	19
COIDA	67	57	10	10
TOTAL	1149	980	169	169

2) Labour inspectors intend to conduct 1 174 inspections in the farming sector during the financial year 2022/23.

Reply:

The Minister of Public Works and Infrastructure

1. I have been informed by the Department that the Department of Public Works and Infrastructure (DPWI) does not have any Service Level Agreement (SLA) to render any Horticultural service to SAPS. This is a client function so SAPS is responsible for this function.
2. The DPWI is not in a position to enter into any such agreement for the same reason indicated above.
3. There was never a contract in place by DPWI to provide gardening/horticultural services at the SAPS Bomb Disposal Unit.

Reply:

The International Labour Organisation (ILO) is one of the Specialized Agencies of the United Nations whose mandate is to advocate for decent work at the workplace. It carries out this mandate through a number of interventions which include setting and supervision of international labour standards, policy and technical advice, capacity building and advocacy. One area of technical support that the ILO provides to its member States is the review of labour administration systems as embodied in ministries responsible for employment and labour, and other related institutions, with a view to assessing their performance and ability to discharge their mandates, implement policies and laws within their remit, and to provide services to the public.

I would like to hasten to indicate that, in the performance of this review function, the ILO does so on the basis of requests from individual member States who are entitled to such support by virtue of their membership to the Organization. The reviews are not being done on behalf of my Department, since we do not have the power to influence the ILO to do these on our behalf, neither do we have the authority to decide whether reviews should be undertaken in other member States.

In addition, the ILO does not currently have any official benchmarking methodology which would enable the Organization to objectively compare national labour administration systems in the member States. These systems differ rather substantially in terms of their mandate, political systems they operate in, and forms of public administrations which make any direct comparison difficult, if not impossible.

However, the ILO Labour Administration Convention, 1978 (No. 150) as well as its accompanying Recommendation 1978 (No. 158) provide a useful guidance by establishing some basic criteria that any labour administration system should draw from, such as, effectiveness, coordination, involvement of social partners, sufficient funding and material means, availability of qualified and independent staff, etc. These two international standards also provide other details concerning the role of labour administration in the areas such as labour standards, labour relations, employment and research and give guidelines on the organization of a national system of labour administration.

I therefore would like to indicate that the main purpose of the reviews is not to compare the different countries, but to assess their systems in the context of their individual circumstances, using international standards as a form of guidance.

I would like to inform this Honourable Member that my Department has gone through a process of review twice, in 2010 and in 2016. A number of findings were made and useful policy advice proffered resulting in significant changes in the Department. The findings touched on institutional shortcomings, performance management deficits, insufficient use of existing technologies, and inadequate human resources policies.

Based on the 2010 review recommendations, the following have been achieved:

a) Creation of the labour inspection and enforcement branch;

b) Strengthening of the oversight role of CCMA and NEDLAC by the Labour Market Policy / Industrial Relations Branch;

c) Passing of the new Public Employment Services Act, 2014;

d) Increase in the number of labour inspection staff and change in their terms and conditions of employment, including their qualification requirements; and

e) Development of a national labour inspection framework.

Another review was made in 2016/17 to assess the implementation of the recommendations of the 2010 review. Satisfied with the rate of implementation of the past recommendations, a set of new recommendations were made, which include:

a) Strengthening of the employment promotion mandate of the Department to coordinate other government departments;

b) Addressing the existing vacancy rate and filling of positions at the technical level;

c) Revision and strengthening of the performance management system;

d) Strengthening of data collection, research, and analytical capacity on labour market and employment conditions, as well as on performance of the Department;

e) Strengthening of social dialogue around labour inspection; and

f) NEDLAC and CCMA be encouraged to make their skills available in the resolution of disputes which have been prevalent in society.

According to the information that I got from open sources in ILO / Pretoria, similar reviews have been undertaken in some countries in Eastern and Southern Africa since 2010; namely; in Botswana, Kenya, Lesotho, Malawi, Namibia, Uganda and the United Republic of Tanzania. Findings are generally the same, pointing to common weaknesses found in labour ministries in most countries. These include weak institutional structures; low resource allocation; poor coordination mechanisms between the headquarters and the field offices; poor working conditions for staff; unsatisfactory legal enforcement and sanction capacity; and insufficient articulation of employment policies.

Specific recommendations have been made to address the findings with due regard to country specificities. These have generally covered restructuring or creation of new departments or units; reforms of public employment services; strengthening of the coordination function and role by the headquarters; enhancement of the enforcement capacity; support by labour administration to social dialogue institutions for enhanced policy dialogue; development of human resource policies, including improvement in working conditions, career advancement and initial and continuous training; labour law reforms; improved performance management; and ratification of relevant ILO conventions.

I thank you

Reply:

The Minister of Public Works and Infrastructure:

Question 1:

a) I have been informed by the Department that both Hout Bay and Gordon’s Bay Harbours respectively have always had boom gates. The new boom gates have merely been automated to assist our client, the Department of Forestry, Fisheries and Environment (DFFE) with better control over revenue collection, management of the harbour precinct and access control.

b) No permission was required as this is in line with the gazetted tariffs for the entry of a Proclaimed Fishing Harbour as per the Marine Living Resources Act. The Department did, however, consult all Interested and Affected Parties (I&AP) on the new automated system.

Question 2:

Yes, the correct procedures were followed to award the tenders for the erection of the booms. The automated boom gates were only one component of the Land Infrastructure upgrades which falls within the current repair and maintenance programme to the 13 Proclaimed Fishing Harbours in the Western Cape. All tenders were issued through our Implementing Agent, Coega Development Corporation (CDC) and are in line with all National Treasury prescripts and regulations for procurement. As CDC is a state entity, complying with the PFMA is mandatory.

Question 3:

As mentioned in the previous question, the boom gates were part of the land infrastructure upgrades project. The boom gates were formalised from a manual system to an automated system which intended to aid the client DFFE to collect the revenue for gate entry which is contained within the Marine Living Resources Act i.e. cars: R5 per day. Our client Department: DFFE presides over the revenue collection which adds to the financial resources of the State via the Marine Living Resources Fund.

Question 4:

Yes, as mentioned all Interested and Affected Parties were consulted throughout the entire repair and maintenance programme to the Proclaimed Fishing Harbours. The Interested and Affected Parties include the tenants as well as all harbour users i.e. boat owners, day-to-day harbour users, including fish fleckers and surrounding communities that obtain a livelihood from the harbours. The respective harbour masters played a critical role in keeping all harbour users abreast of progress against the scope of work for each project under the repair and maintenance programme.

Question 5:

Public Participation in the Hout Bay and Gordon’s Bay precincts were managed through the appointment of Community Liaison Officers (CLO) for each project package via the main contractor and/or the appointed local Small, Medium and Micro Enterprise (SMME).

DPWI can make copies of the public participation process records available subject to complying with the POPI Act. These records contain the names, surnames and contact details of each Interested and Affected Party that submitted comments during the various projects phases.

Reply:

Yes, although the issue relates to a large extent to employment and labour portfolio and the impasse plays itself on the public road, my Department has taken upon itself to actively participate in resolving the matter. My Department is currently in the process of amending its regulations to ensure that it supports the legal framework that Employment and Labour operates with regard to the acknowledgement of the driver documentation for the purposes of driving in the Republic.

My Department has established a Task Team of all the stakeholders within the transport sector, wherein issues that needs to be resolved are being presented and interventions developed. To this end there is some consensus with all the Stakeholders on those issues and they are currently being dealt with.

 

Reply:

OFFICE	Financial Year	a) Make	b) Model	© Year Manufacture	Price	Purchase Date
Minister	2019/20	N/A	N/A	N/A	N/A	N/A
	2020/21	N/A	N/A	N/A	N/A	N/A
Office	Financial Year	a) Make	b) Model	(c) Year Manufacture	d) Price	ee) urchase Date
Deputy Minister	2019/20	N/A	N/A	N/A	N/A	N/A
	2020/21	Audi Q5 4.0 TDI	Audi Q5 TDI Quattro 5 Line Tronic	2020	R748 018. 65	18 Oct 2021

Reply:

a) Total number employers registered on CompEasy is 28 596 that includes users linked to multiple organizations.

b) Employers registered on the previous system (Umehluko): 45 336

Reply:

(1) What (a) are the relevant details of the plan regarding the mooted R90,00 temporary driving licence card fee and (b) measures are in place for persons who cannot afford to pay the specified amount;

The Temporary Driving Licence (TDL) Fees vary from Province to Province and that is from R54 to R94. It is Government plan to standardise the TLD fees so that the TDL holders can remain within their Provinces for service. All motoring public who have vehicles and are driving are encouraged to renew their driving licenses before end of March 2022.

(2) whether there is a plan to subsidise citizens who cannot afford the amount; if not, why not; if so, how will the subsidy process be implemented? NW330E

The Honourable Minister has expressed a desire to engage with the Shareholder’s Committee to offer a bouquet of incentives to encourage the public to comply before deadline. At present there is no subsidy for the people who cannot afford to pay for the TDL.

 

Reply:

The Minister of Public Works and Infrastructure:

Response in respect of Loreto Convent School:

I have been informed by the Department that the status regarding Loreto Convent School in Gauteng can be best dealt with by the Department of Basic Education as it is not in the purview of the Department of Public Works and Infrastructure.

Response in respect of Tlotlang-Thuto Secondary School:

I have been informed by the North West Administrator that:

a) Litigation is in the Mmabatho High Court.

b) Progress is at 98%. Building work was declared structurally unsound, non-salvageable and recommended to be demolished.

c) The contractor opted to terminate the contract and follow the litigation route. The Department is defending the matter.

d) The project is deemed as evidence in the SIU investigation and all materials on site are being treated as such.

In the interim there is a high level discussion between the Department of Public Works and Roads and the Department of Education in the North West to facilitate temporary school accommodation.

Reply:

a) The percentage of finalised medical invoices that were paid within 40 days is 87% (464 532 invoices out of a total of 533 211 invoices received) as at 31 December 2021.

b) The total number of claims (invoices) rejected by the Compensation Fund in the 2021-22 financial year is 39 057.

Reply:

(1) There was no budget that was allocated for training of staff at Mohlakeng Old Age Home in Randfontein; however, the Department transferred the total amount of R 480 000 (R 120 000 per quarter) for managing the affairs of the Organisation.

(2) The staff did not receive any accredited training, instead focus was on the mentoring and coaching was conducted to prepare them to perform their duties.

Reply:

The Compensation Fund does not outsource the management of the Call Centre, Help Desk, CompEasy and other call centre mailboxes.

The claim registration process is automated through the CompEasy system where employers can register claims on their own. Where manual claims are submitted, these are sent to the Labour Centres by employers.

Reply:

The claims processors and client service officers utilise the contact details on the claim forms to contact the employer, medical service providers and/or claimants in order to obtain information required to finalise claims.

Reply:

The Minister of Public Works and Infrastructure:

I have been informed by the Department that in terms of the Department’s books no money is owed to the Port St Johns Municipality.

As at 31st January 2022, the age analysis obtained from the Port St Johns Municipality (PSJ) reflected an outstanding amount of R10 million compromising mostly of historical debt that is broken down as follows:

NATIONAL DEPARTMENT OF PUBLIC WORKS MUNICIPAL SERVICES, RATES & TAXES DEBT AS AT 31 January 2022
Municipalities	Opening Balances as at 01 April 2021	Billing Rates and Services: 01 April 2021 to Jan 2022	Payments made since 01 April 2021 to 31 January 2022	Total Debt After Payment	Custody/Ownership Dispute Under Investigation for Verification by Department	Amount Disputed By the Department due to non-allocation of payments
PSJ	10 312 579	83 806	946 442	9 449 943	2 521 886	6 928 057
GRAND TOTAL	10 312 579	83 806	946 442	9 449 943	2 521 886	6 928 057

The total amount billed and invoiced by the municipality in the current year (2021/22) amounts to R83 806.00. The payments made since April 2021 to Jan 2022 amounts to R946 442. The amount paid includes the invoices emanating from the opening balance (1 April 2021).

The amount in dispute amounts to R9.4 million. The Department has arranged for a working session from the 7th March 2022 until the 11th March 2022 to resolve the disputed amount.

The Department remains committed and continues to settle all valid invoices within 30 days.

Reply:

1. Yes, the Minister and the Department of Transport did share information with provincial governments about the implementation of the Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No 46 of 1998)

(a) Minister of Transport through the Entity issued a Letter “LINKING OF SAPS OFFICERS TO ISSUING AUTHORITIES” dated 14 January 2021. The substance of the correspondence clarified the linking of the SAPS to the local traffic authorities.

The Minister of Transport issued a circular on “AARTO ROLL-OUT FROM 01 JULY 2021” as pronounced. The aforesaid circular is dated 9 July 2021. Was forwarded to all provinces.

The Minister further through the Entity facilitated virtual meetings with the all provinces regarding the AARTO Rollout. The engagements further presented the following:

• AARTO Master Implementation Plan;
• AARTO Readiness assessments;
• System Deployments and NaTIS Connectivity;
• AARTO Training for Law Enforcement & Back-Office Staff;
• AARTO Service outlets to be deployed per province;
• Signing of MoU’s between stakeholders to give effect to the rollout;

(SAPO & GPW issues)

• AARTO Education and Awareness Campaigns;
• Monitoring & Evaluation of the AARTO Implementation.

The virtual consultation dates with provinces were as followed:

Schedule of AARTO Meetings with HoDs in Provinces

Province	Meeting Date
Eastern Cape	09 March 2021
Mpumalanga	16 March 2021
North West	16 March 2021
Free State	17 March 2021
Limpopo	30 March 2021
KZN	19 April 2021
NC & WC	No confirmation of availability was received as requested
Gauteng	Currently implementing AARTO

August 2021 schedule of meetings held with Provincial Management

Province	Date
MP	17 August 2021
LP	17 August 2021
WC	19 August 2021
EC	19 August 2021
KZN	19 August 2021
GP	20 August 2021
NC	20 August 2021
FS	20 August 2021
NW	25 August 2021

September 2021 schedule of meetings held with Provincial Management

PROVINCE	DATE
FS	02 September 2021
GP	08 September 2021
MP	13 September 2021
LP	13 September 2021
WC	14 September 2021
EC	14 September 2021
KZN	14 September 2021
NC	16 September 2021
NW	16 September 2021

(b) The Minister & the Department of Transport have established an AARTO National Steering Committee (ANSC) that convenes quarterly for AARTO Stakeholders to engage on matters of mutual interest in the implementation of AARTO. The ANSC is preceded by technical support committees before the main committee could convene. The following are dates and issues deliberated upon in the ANSC:

ITEM	DATE
ANSC	28 January 2021
ANSC	29 March 2021
ANSC	11 June 2021
Special ANSC	14 July 2021
ANSC	24 August 2021
ANSC	28 September 2021
ANSC	17 February 2022

ANSC Issues:

The following are standard agenda items discussed at the ANSC:

• Feedback on Executive Directives & Shareholder Engagements
• AMIP/ Draft AARTO roll out plan and related updates
• AARTO IT equipment deployment report
• System enhancement update
• Technical support committee reports
• Municipal Monitoring and Oversight Sub-Committee/ SALGA Engagements
• Provincial AARTO Coordinating Committee meeting feedbacks

2. The Minister & the Department through its Entity received the following substantive responses from the Western Cape in response to information shared, all stating that the province will not be ready to implement of AARTO by 01 October 2021and further raised the following concerns:

2.1. The RTIA Capacity to implement AARTO

2.2. Lack of meaningful consultation;

2.3 The issues around the AARTO Regulations and the need to review AARTO legislation;

2.4. Delays in Training;

2.5. The challenges around the successful rates of representations;

2.6. Transparency in reporting; and

2.7. Absence of an implementation report in the two jurisdictions where AARTO was piloted.

2.8 The province further requested the Entity, the RTMC and the Department to accommodate the e-force interface for the province since the province was already using smart law enforcement, which request is still under discussions;

Reply:

The Minister of Public Works and Infrastructure

1. (a) I have been informed by the Department that the Department of Public Works and Infrastructure used the competitive process on the waived existing requirements by requesting the two Implementing Agents to compete against each other for the appointment on the assessment phase.

(b) The value of the contract is R383 295.00 (Three Hundred and eighty three thousand) inclusive of VAT

(c) The first output of the first phase, being the initial assessment report that seeks to determine the structural integrity of the fire damaged building consists of Structural Engineers and Occupational Health and Safety Professionals. The second output of the first phase, being the comprehensive assessment report that seeks to determine the extent of the damage caused by fire, restorative scope and associated cost consists of all built environment professionals including Heritage Architects, Civil/structural Engineers, Electro/Mechanical Engineers, Occupational Health and Safety Specialists and Quantity Surveyors.

2. All the identified professionals are professionally registered with their relevant Councils.

3. If the Department will adopt the Implementing Agent approach to implement the recommendations that emanates from CDC report, CDC won’t be considered for the work it is currently implementing as it will be conflict of interest and defeating the competitive process. The Department has not yet made a decision on the approach it will take until the assessment report is finalised.

Reply:

674. (1) (a) Total number of employers registered with Bargaining Council = 93:

Total employees in the Sector = 2 064

(b) Total number of employers belonging to party Employer Organisation that are registered and compliant = 58:

Total number of employees employed by the party employer

Organisation = 1 402

(c) Total number of employers based in Gauteng = 26

Total number of employees based in Gauteng = 505

(2) Breakdown of party trade union membership per province:

• Western Cape: 681
• Eastern Cape : 32
• Kwa Zulu Natal: 128
• Gauteng : 331

 

END

 

Reply:

1. Yes, the KZN Department of Transport has a plan to undertake the heavy rehabilitation of R74 known as P11 and will be executed utilising the EPC approach (Engineer, Procure and Construct).

2. a) The sections for the rehabilitation of R74 will be from 10.00 km to 33.00 km only.

b) Work of the section for heavy rehabilitation will start at the beginning of 2022/23 financial year and is expected to be completed at the end of 2022/23 financial year.

c) Prior to the heavy rehabilitation ,the province is planning to undertake the following maintenance activities, that is:-

• Design and construct of pavement layers that include sub base layer, base layer and wearing course
• Road markings and installation of road studs
• Construction of fixing of the drainage, and
• Reinstating the damaged road signs and guardrails.

d) (i) All maintenance activities will start in June 2022 and are expected to be completed by December 2022.

(ii) Considering the dangerous condition of the road, especially potholed during the rainy season, the department will continue with preventative maintenance such as pothole fixing using internal maintenance team until this section of road (10.00 km to 33.00 km) is rehabilitated.

Reply:

1. (a) The Department of Transport’s mandate relates to the monitoring of adherence to Committee of Transport Officials (COTO) requirements with regard to condition surveys performed by the SA National Roads Agency Limited (SANRAL) and the various Provincial Authorities. Therefore, the Department of Transport does not conduct its own condition surveys. (Department to verify response)

(b) As per COTO requirements, road condition surveys are required to be performed at least once after every 2 years for Class 1 roads. For the 69.1 km of National Roads (Class 1) under SANRAL administration in Uthukela District Municipality, the road condition surveys were performed on 9 October 2021 and 3 November 2021. For the 229 carriageway km (both directions) of National Roads (Class 1) under N3TC administration the road condition surveys were performed between 23 and 26 September 2021.

In addition to the above road condition surveys, both SANRAL and N3TC also perform daily route patrols to monitor for any accident damage, broken fences, flood damage, potholes, etc. and then issue appropriate job instructions for repairs to appointed service providers.

2. The outcome of the automated road condition surveys performed with road condition survey vehicles for the National Road sections in Uthukela District Municipality is summarised in Table 1 below for each km of National Road. The condition parameters measured include:

a) Roughness (m/km) - Measures smooth ride and wear and tear on vehicles and cargo.

b) Ruth Depth (mm) - Measures accumulation of surface water in wheel tracks and risk of vehicle aquaplaning

c) Texture Depth (mm) - Measures friction for safer wet weather travel at speeds exceeding 60km/h

d) Stuctural Strength – Measures structural strength to withstand the axle loads been applied.

e) Overall Condition Index – Weighted combination of the above condition parameters on a scale of 0 to 100, where 100 is perfect

Reply:

The Compensation Fund received 223 644 return of earnings in the 2020-21 financial year.

Only companies who employ a person are required to register with the Compensation Fund in terms of section 80 of the COIDA and submit Return of Earnings in terms of section 82 of COIDA. Employers who meet the requirements of submission of return of earnings and do not do so, are levied penalties and referred to the Inspection and Enforcement Branch in the Department of Employment and Labour.

The Inspection and Enforcement Services (IES) Branch of the Department of Employment and Labour conducts inspections for the assessment of employer compliance against a number of legislations; namely, Employment Equity, Occupational Health and Safety, Unemployment Insurance, Basic Conditions of Employment as well as the Compensation for Occupational Injuries and Diseases (COID).

The reported number of 2 million inspections includes all inspections against the abovementioned legislations and not just those of the Compensation Fund against the COID Act. In addition, the Inspectors visit and inspect workplaces, one registered employer can have multiple workplaces from which his/her business operations are carried out.

Reply:

The Minister of Public Works and Infrastructure:

I have been informed by the Department that:

1 (a) Caledon RD, Grabouw : The Farm Vlakte No. 445 was registered in Name of the Republic of South African in 1975.

Caledon RD, Grabouw: Farms No. 335 & 336 were registered in the Name of the Republic of South Africa in 1911.

(b) - The Farm Vlakte No. 445 was previously an unregistered piece land.

The Previous owner The Farms Knoflokskraal No. 335 & 336 was Daniel Eliza Klem.

(c)(i) -The Farm Vlakte No. 445 measures 1355, 17.78 hectares.

The Farm Knofloskraal No. 335 measures 311.4212 hectares and Farm No.336 measures 166.5197 hectares.

(ii) The current value of the properties is not yet determined.

(2) The land parcels were allocated the Department of Environment, Forestry and Fisheries (DEFF) for forest plantation purposes and those leases have since expired.

(3) DEFF must re-apply for the use of the said properties and has not yet done so officially. Once the application is received, it will be considered and processed in line with G.I.A.M.A.

 

 

Reply:

a. Total number of claims registered on CompEasy as between October 2019 and 04 March 2022: 329 655. The claims are registered by employers, labour centres and third parties but we do not keep reports per category as all claims are considered valid registered claims if they meet the requirements of the law.

 

Reply:

The Department of Transport has plans to introduce the digital driving licence card in 2024/25 financial year. This project is the responsibility of the Driving Licence Card Account (DLCA) which is the trading entity responsible for the production of driving licence cards in South Africa. The introduction of the digital driving licence (commonly referred as the eDL) will be preceded by the introduction of the new driving licence card which is set to be launched in October 2023.

The design for the new driving licence card has been completed and is undergoing process for cabinet approval.

Reply:

(a) Department

Invoice Age Analysis	Number of Invoices	Total Amount (b)
More than 30 days (aa)	29	R 71,851.69
More than 60 days (bb)	13	R 35,607.16
More than 90 days (cc)	0	R 0.00
More than 120 days (dd)	223	R 1,187,235.53
Total	265	R 1,294,694.38

(c) The invoices more than 30 days and 60 days will be paid within the next 30 days. The invoices more than 120 days are disputed Phakisa invoices. A final offer was accepted by the supplier and once the supplier provides the new invoices, it will be paid.

Airport of South Africa (ACSA)

Days	Amount	Number of Invoices
120	18 770 475,26	499
90	1 267 884,84	25
60	2 791 207,73	20
30	5 280 488,09	56
Current	38 047 207,76	118
Total	66 157 263,68	718
As a response to the Covid-19 pandemic, ACSA undertook a rental reprieve process for its tenants by giving out credit notes for the rental owed, amounting to R2,8 billion. In addition, the traffic volumes decline significantly reduced ACSA’s total revenues in the last two financial years. For the financial year ended 31 March 2021, revenues declined by about 80% i.e., from R7,2 billion to R2,2 billion, and this has led to decreased cashflows. ACSA engaged its suppliers for relaxed payment terms where possible, particularly among the bigger suppliers, leading to days average creditor days exceeding 30 days. The monthly payment to suppliers averages R150m to R200m. Invoices for which there are no queries are paid on a monthly. Invoices older than 30 days are those wherein there are queries with the suppliers pertaining to contractual matters pertaining to scope of works/goods delivered, timing and budgets/fees.

Air Transporting Navigating System ( ATNS)

Based on 31st January 2022 age analysis

		(aa)	(bb)	(cc)	(dd)
	Current Period	31 - 60 Days	61 - 90 Days	90 - 120 Days	120 Days and over	Total
	R	R	R	R	R	R
(a) No. of invoices	101	57	48	35	390	631
	16%	9%	8%	6%	62%	100%
(b) Total Amount	12,197,617	4,155,346	5,927,040	1,665,189	3,775,262	27,720,453
	44%	15%	21%	6%	14%	100%
Total No. of suppliers						150

(c) All suppliers where there are no disputes will be paid in 30 days

Cross Board Transport Agency( CBRTA

a) There are eleven (11) supplier invoices that currently remain unpaid at (b) Cross-Border Road Transport Agency (C-BRTA) and are shown in the table below.

(a)	(aa) – (dd)	(b)	(c)
Total number of invoices	Period of non-payment	Amount Outstanding	Envisaged date on which amount will be paid
2	180 days	R127 123.89	The Service Provider has invoiced us incorrectly. They have agreed to re-invoice and once we receive the updated invoices, payment will be processed. The envisaged payment date is 28 February 2022.
9	90 days	R63 357.97	The Agency has raised a dispute with the service provider regarding the billed amounts. Disputed amounts will be settled once engagements are concluded. The envisaged payment date is 28 February 2022.
11

South African National Roads Agency Limited (SANRAL)

(a)(ii) SANRAL has 5 outstanding invoices, which are older than 30 days. The age analysis of the creditors is indicated in the Table below.

Age	Number of invoices		(b) Value (R)	Reason
> 30 days	1		1 268 262.99	Rejected by bank due to banking details incorrectly supplied
> 60 days	1		1 738.00
> 90 days
> 120 days	3		12 405.80
TOTAL	5		1 282 406.79

b) The invoices will be paid immediately, once the vendor has supplied the correct banking details, as verified by the bank. SANRAL has a payment run twice a week.

Road Accident Fund (RAF)

(a)(ii) The number of supplier invoices that currently remain unpaid by the Road Accident Fund for more than	(aa) 30 days, is	(bb) 60 days, is	(cc) 90 days, is	and (dd) 120 days, is
	33	109	65	170
b) the total amount outstanding in each case is	R2,196,378.25	R5,921,095.21	R2,647,942.17	R11,881,697.38
and (c) the processing for payment of the outstanding amounts is an ongoing process, which is subject to certain challenges, including, unresolved queries relating to suppliers’ invoice details; suppliers’ change of banking details; disputes with suppliers on services or goods provided; and a lengthy and labour-intensive process involved in perusing itemised legal invoices, per item of cost incurred, having regard to different rates allowed per item.

Road Traffic Management Corporation (RTMC)

A) We have 8 invoices that are unpaid, please see table below:

Except for the one service provider, SAPO, all other invoices will be paid within 14 days and they are still within 30 day.

There is currently a dispute that is being resolved with SAPO, invoice to be paid within 7 days.

Road Traffic Infringement Agency (RTIA)

a) What number of supplier invoices currently remain unpaid by

(ii) each entity reporting to him for more than

(aa) 30 days =0,

(bb) 60 days = 2,

(cc) 90 days = 3 and

(dd) 120 days = 4,

(b) what is the total amount outstanding in each case and

(aa) 30 days =0,

(bb) 60 days = R121 034.52,

(cc) 90 days = R117 134.56 and

(dd) 120 days = R25 136.72

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

(aa) 30 days =Not applicable,

(bb) 60 days = January 2022,

(cc) 90 days = January 2022 and

(dd) 120 days = under dispute

Drivers Licence Card Agency (DLCA)

(aa) 0

(bb) 0

(cc) 0

(dd) As at 10 February 2022, the DLCA has one invoice that remains unpaid for longer than 120 days, the invoice was received in February 2021. However, the DLCA has paid the portion of the invoice that was not disputed. The other portion is still under dispute.

(c) By 31 March 2022 after the legal dispute is resolved.

South African Maritime Safety Authority (SAMSA)

a) (i) Not applicable

(ii) (aa) 48

(bb) 10

(cc) 16

(dd) Included above, system ages up to 90+ days

b) (i) Not applicable

(ii) (aa) R95 043.21

(bb) R2 819.35

(cc) R205 930.79

(dd) Included above, system ages up to 90+ days

c) All outstanding invoices are planned to be settled in February 2022.

Ports Regulator of South Africa (PRSA)

(a)(ii) The Ports Regulator does not have any invoices that are outstanding for more than (aa) 30, (bb) 60, (cc) 90 or (120) days. The Ports Regulator has systems and processes in place to ensure that all invoices are paid within average of 14 to 21 days after the receipt of the invoice from supplier with no required amendments. This was further confirmed by the Auditor General during the 2020/2021 financial year audit.

(b) N/A

(c ) N/A

Railway Safety Regulator (RSR)

Number of invoices outstanding

Number of invoice outstanding
(aa) 30 days	(bb) 60 days	(cc) 90 days	(dd) 120 days
3	0	0	6

a) The total amount outstanding in each case is:

Period outstanding	Amount
30 days	R179,591-23
60 days	R0
90 days	R0
120 days	R19,923,304-65

b) The date envisaged for the outstanding amounts to be settled is:

Period outstanding	Amount	Envisaged date of payment	Notes
30 days	R179,591-23	28 February 2022	-
60 days	R0	Not applicable	-
90 days	R0	Not applicable	-
120 days	R1,855,767-89	31 March 2022	-
	R16,264,306-26	Unknown	The amount is being disputed and payment date is therefore unknown.
	R1,696,738-74	Unknown	The amount is being disputed and payment date is therefore unknown.
	R106,491-76	31 March 2022	-

South African Civil Aviation Authority (SACAA)

(ii) The SACAA currently has (aa) zero 30 days outstanding invoices (bb) zero 60 days outstanding invoices and (dd) only has one invoice outstanding as per the creditors age analysis that is in 120 days (b) amounting to R33 741. (c) The invoice is currently in dispute and will be paid once the dispute is resolved.

Passenger Rail Agency of South Africa (PRASA)

Number of invoices outstanding

c) The total amount outstanding in each case is:

Please refer to table above in (a).

d) It is impossible to specify the date on which the outstanding amounts will be settled given the current situation that PRASA finds itself in, especially with the OPEX.

• The total group debt amounts to R4,8 billion, with OPEX accounting for 92% of this debt.
• Most of the debt, 53%, is owed to Transnet, with other suppliers constituting 39% and municipalities a further 8%.
• PRASA is currently not able to pay its debt as they become due with most of its debt being in excess of 180 days.
• Only invoices over 180 days will be settled monthly except for payroll, critical suppliers (i.e. ICT, security, municipal rates, etc.), statutory items, insurance related claims, legal disbursements and court orders.