Questions and Replies

Reply:

The following table reflects the details in this regard, as received from the provinces:

PROVINCE	(a) Legal fees (cost)	(b) Disciplinary procedures
Eastern Cape		Legal practitioners and employees with competencies to handle cases.
Free state	R 2 790 446.55	Legal practitioners and employees with competencies to handle cases.
Gauteng	R 130 346 197,23	Outstanding
Kwazulu Natal		Outstanding
Limpopo		Legal practitioners and employees with competencies to handle cases.
Mpumalanga	R 35 798 383.52	Legal practitioners and employees with competencies to handle cases.
North West	R 3 748 814.05	Lawyer, consultants and employees
Northern Cape	R 2 854 890.69	Lawyers and employees
Western Cape	R 8 526 308.99	No lawyers are used in the province for disciplinary hearing
National department of Health	R 6,092,749.98	Employees with competencies to handle cases hearing

END.

Reply:

The cumulative figures for the 2020-21 financial year in terms of irregular expenditure as stated in the Annual Reports are as follows:

a) The Department: R297 888.00.

b) The SA Health Products Regulatory Authority: R10 369 880

END.

Reply:

(a)(i),(ii)(b)(i),(ii) Please refer to the table below.

No	(a) Country	Import/Export	(a)(i),(ii) Species	(b)(i) Date of inception	(b)(ii) Details
1	Australia	Import	Bovine	January 2013	Trade is taking place. An updated veterinary health certificate was proposed to Australia for negotiation in February 2021.
2	Australia	Import	Ovine and caprine	2009	Trade is taking place. There are few applications (by importers) to import the commodity, therefore few permits are issued.
3	New Zealand	Import	Bovine	May 2007	Trade is taking place.
4	New Zealand	Import	Ovine and caprine	January 2007	Trade is taking place. There are few applications (by importers) to import the commodity, therefore few permits are issued.
5	Canada	Import	Bovine	January 2010	Trade is taking place. The Department of Agriculture, Land Reform and Rural Development is in the process of negotiating an updated veterinary health certificate.
6	Denmark	Import	Bovine	May 2015	Trade is taking place
7	Finland	Import	Bovine	May 2016	Trade is taking place
8	France	Import	Bovine	June 2015	Trade is taking place
9	Hungary	Import	Bovine	December 2016	Trade is taking place
10	Ireland	Import	Bovine	November 2017	Trade is taking place
11	Italy	Import	Bovine	June 2014	Trade is taking place
12	Namibia	Import	Bovine	April 2014	Trade is taking place
13	Norway	Import	Bovine	July 2019	Trade is taking place
14	Netherlands	Import	Bovine	July 2014	Trade is taking place
15	United Kingdom	Import	Bovine	April 2014	Trade is taking place. The Department of Agriculture, Land Reform and Rural Development is in the process of negotiating an updated veterinary health certificate.
16	United States of America	Import	Bovine	2010	Trade taking is place. South Africa proposed an updated veterinary health certificate for negotiation in February 2021.
17	Brazil	Export	Caprine	August 2017	In January 2019, South Africa experienced an outbreak of Foot and Mouth Disease (FMD) and lost its World Organisation for Animal Health (OIE) recognised freedom. South Africa wrote to the Brazilian Veterinary Authority to renegotiate and was informed that the protocol had been updated and it was necessary to re-negotiate. The updated requirements contain conditions for Scrapie, which South Africa cannot meet. This protocol is no longer active and trade has been suspended.

Reply:

The National Department of Health is indeed the custodian of Health Services in the country, the Constitution has, in Schedule 4B, assigned some of the Health Services to Municipality later defined in section 1 of the National Health Act, 2003 (Act No 61 of 2003) as Municipal Health Services. The District Municipality is therefore responsible for the services but monitored and supported by both the Provincial and National Departments of Health.

The matter was investigated through the King Cetshawayo District Municipality lead by the Air Quality Management Unit in collaboration with the Environmental Health Unit (Municipal Health Services) thereof.

(a) The results of the investigations are as follows: There was no substantive or adequate information provided on the type of gas that was inhaled by the pupils during the interviews with the affected school (Richards Bay High School) and their neighbouring schools. The authorities could not access the main complainants through the Richards Bay Clean Air Association (RBCAA) Arboretum Station that would have provided adequate information on the type of fumes/smell experienced, times, duration and the areas (location). In addition, the available ambient monitoring data and emission data does not provide a conclusive source of emissions due to the reported symptoms not related to the monitored sulphur dioxide.

(b) The authorities to conduct a further investigation until the root cause is identified; availability of public awareness posters on how to log air quality complaints; conduct awareness in local schools on air quality. Fire, rescue and disaster management as well as the community are urged to log complaints through the authorities’ (City of uMhlathuze and King Cetshwayo District Municipality). The available complaints systems telephone numbers are 035 907 5000 and 080 011 1258 respectively).

END.

Reply:

1. (a) Findings raised related to prior year material misstatements not corrected.

(b) SAHPRA has established a Loss Control Function which reviews determination reports and recommends appropriate consequence management.

2. Timelines are factored into the audit action plan for overall improvement requirements in the SAHPRA control environment. The Finance Unit embarked on a project to correct prior year material misstatements. The Project Plan was executed for the period September 2021 and January 2022. The successful implementation of the Project Plan, envisages the following outcomes:

• Reconstructed 2018/2019 & 2019/2020 Financial Years
• Deferred Income listing for 2019/2020 (By implication, this will also result in a listing of the Deferred Income balance for 2018/2019)
• Adjustments Schedule

For irregular expenditure transgressions, a detailed Standard Operating Procedure has been developed together with the establishment of a Loss Control Function which reviews determination reports and recommends appropriate consequence management in line with our internal disciplinary policy and labour relation directives

Financial reporting/record keeping – business units are required to report on financial and performance management information on a monthly basis by the 7th of each month. Consequence management has been implemented against officials not submitting within specified timeframes

Irregular expenditure – Determinations are initiated once transgressions have been confirmed either through the SAHPRA internal control system or through internal or external audits. All transgressions confirmed have been condoned by the National Treasury with the exception of one which is still under consideration by National Treasury.

3. (a) None, no change in overall audit opinion and reduction of one qualification.

(b) Three officials from the Supply Chain Management, Office of the Board Secretary and Inspectorate departments.

(c) To date, disciplinary action has been taken against three officials relating to irregular expenditure as follows:

• Official 1 – R1 920 309
• Official 2 – R5 672
• Official 3 – R97 750

The remainder of the condonation approved by NT related to employees who have subsequently left the organisation. Disciplinary action has also been taken against three officials relating to internal process and procedures for financial reporting and record keeping.

4. Financial reporting/record keeping: business units are required to report on financial and performance management information on a monthly basis by the 7th of each month.

Historical information (remaining qualification) is a challenge. A project has been initiated to develop supporting records for audit purposes. Listings are created from the bank statements for the 2018/19 and 2019/20 financial years to support the financial statement figures previously reported on. Application numbers are to be listed against the listings derived from the bank statement which will be linked to supporting evidence. The project is planned for completion before submission of the financial statements for audit purposes. Internal audit has been tasked to track progress made against the clearing of the remaining qualification.

Performance reporting: management is required to upload their portfolio of evidence to support the reported performance on the Performance Information SharePoint Group. Furthermore, management is required to sign the official sign-off page to confirm accuracy of the information reported and that the relevant evidence has been loaded. Furthermore, the reported performance is also audited by Internal Audit prior to submission.

END.

Reply:

No, I was not informed about the matter.

However, on enquiry Northern Cape Department of Health (NCDOH) indicated that petrol cards were placed on hold by the service provider due to nonpayment and during this period ambulances did not stop operating as there was an arrangement made with the service providers.

The NCDOH has engaged with the service provider and has come to an arrangement for payment of outstanding accounts. The agreement included partial payment on a scheduled basis towards the accumulated outstanding balances from November 2021 and that essential vehicles fuel cards would not be placed on hold.

There is also an additional contingency plan in place of using alternative service providers as a last resort to ensure that there is no disruption of ambulance services in the province.

END.

Reply:

Attached find here: Reply

Reply:

I have been advised by the department as follows:

a) A specific feasibility study relating to the 10GB data has not been undertaken, however, the SA Connect Phase 2 proposal borrows on the tenets of universal access to basic and essential services (e.g. water, electricity and data being the next step). Recognizing the negative impact of the digital divide, especially in the rural and underserviced areas, the statement relating to the allocation of 10GB is a statement of intent to address this divide.

b) The proposed timeline is in parallel to the roll out of the SA Connect Revised Model, which is planned to be completed within the next 3 years starting from 01 April 2022.

Reply:

(a),(b) No. Neither the European Union (EU) nor the United States of America (USA) has granted South Africa (SA) market access to export raw beef to their territories. Therefore, no raw beef can be exported to these markets.

(i),(ii) Falls away.

(c) No revenue was generated as there are no beef exports to EU and USA.

Reply:

(1)(a) The Onderstepoort Biological Products (OBP) continues to produce key vaccines, and some have recently been distributed across the country including Bluetongue vaccine and African horse-sickness vaccine. Most vaccines will be released soon in the coming months as per our sales forecast and production plan.

(b) There is a large number of animal vaccines imported into the country and are sold by OBP’s competitors. The OBP only imports Foot and Mouth Disease (FMD) vaccine, which in turn it provides to the Department for use to control FMD.

(c) During registration of vaccines by the Registrar of Fertilizers, Farm Feeds, Seeds and Remedies Act 36 of 1947, all claims for effectiveness are evaluated by the registrar. The Vaccines will therefore not be registered unless they are proven to be effective. At production before bottling in particular, tests are conducted for efficacy. If there are any doubts on the efficacy, the vaccine is not passed. Efficacy test results are kept at the production facility for record purposes should there be failures in the field.

(2)(a) There have been concerns from industry on a shortage of vaccines for vector borne diseases. These vaccines included African horse sickness, Blue tongue and Rift valley fever, mainly raised by observations that rainfall for this year has been above normal. OBP has been releasing vaccine batches as soon as they are available to the outlets but because of overconsumption in the market, an apparent shortage has resulted.

(b) OBP has short and long-term production and preventative maintenance plans which are yielding positive outcomes. This is to ensure that scheduled production of vaccines is not interrupted.

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:

(1)(a),(i),(ii),(b) Please refer to the Table below.

Province	(a)(i),(ii) Total amount for vouchers issued	Number of farmers reached
Eastern Cape	125 383 700,00	21 567
Free State	34 216 400,00	5 769
Gauteng	28 599 300,00	5 145
Kwa Zulu Natal	160 846 500,00	28 246
Limpopo	102 849 000,00	16 436
Mpumalanga	98 366 600,00	17 728
North West	79 897 000,00	12 051
Northern Cape	22 898 200,00	3 246
Western Cape	13 051 400,00	2 124
Total	666 108 100,00	312

2. Yes.

• Suppliers charging marked up prices;
• Non-delivery and delayed delivery of agricultural production inputs by suppliers to farmers causing delays in implementation of projects by the farmers; and
• Collusion between some suppliers and farmers in exchanging vouchers for cash.

In an attempt to deal with these challenges, the Department suspended the project for one month in order to review and redesign its implementation plan. The Department removed all suppliers who do not have shops (middlemen) and is replacing them with agro-dealers who own shops. These beneficiaries are now going to redeem their vouchers with agro-dealers and buy items at shelf prices like any other agricultural customer. There are no extra charges on the items. This will also eliminate any chance of exchanging vouchers for cash because the redemption of the voucher and all transactions will be done inside the shop after the farmer has selected the production inputs.

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 Department of Basic Education has introduced the Three-Stream Curriculum Model. Through this Model the DBE seeks to strengthen the offerings of subjects that equip learners with skills and competencies that enables them to fix, maintain and build products, such subjects include woodworking where learners are able to build chairs, tables, cabinets just to give an example.

Learners also offer hospitality subjects, where learners amongst others learn how to cook.  The products produced through learning these subjects may be sold during open days at schools as well as to individuals who are willing to purchase them.

Children in Agricultural schools are not only taught how to produce agricultural produce, but are also taught entrepreneurial skills, and how to access the markets to sell their produce.

These are some of the efforts of the Department offer curriculum that teach learners how to manufacture and produce goods and services which can be consumed by communities they reside in.

Reply:

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

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

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

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

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

Reply:

The audit of the Occupation Specific Dispensation payments to ex-officials has been finalised on 15 February 2022. Following the audit, the process of payments to ex-officials has started again.

Payments will be processed per region, and the Department has already started with Eastern Cape. In each region ex-officials who previously never got any payments will be prioritised, after which those cases in which officials were underpaid will be processed.

It is anticipated that all Occupational Specific Dispensation payments will be finalised by 31 August 2022

END

Reply:

Response: (a) (b)

Table 1 indicates that, there were 7 106 single medium schools in the country. Majority of these schools were English medium with 5 964 schools.

Number of Single Medium Schools per Province, in 2021

Source: LURITS 2021

(c) (i) During the 2020/21 and 2021/22 financial years there were eight (8) single medium schools that were closed and these schools were from Mpumalanga.

(ii) Reasons for closure: There are various measures that can lead to merger or closure of schools. The Department of Basic of Education has provided Provincial Education Departments with Guidelines for Rationalisation and Re-alignment of Public Schools; Holistic Approach. The primary objective of the School Rationalisation process is to continue providing universal access to quality basic education in a rational manner, doing so cost effectively with respect to resource provisioning, where the costs being referred to are not only limited to monetary costs but also socio-economic imperatives.

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:

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:

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:

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:

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

END

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

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

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 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:

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:

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:

(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:

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.

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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:

(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:

	(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:

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:

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:

(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:

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:

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:

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) 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:

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:

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:

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 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:

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 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:

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.