Questions and Replies

Reply:

Attached find here: Reply

 

Reply:

1) Section 196 of the Constitution of the Republic of South Africa, 1996, (the Constitution), regulates the Public Service Commission (PSC). Key provisions relevant to the question at hand provide as follows:

(a) Section 196(1) of the Constitution provides that there is a single PSC for the Republic.

(b) Section 196 (4)(e) of the Constitution provides that the PSC must report on its activities and the performance of its functions, including any finding it may make and directions and advice it may give, and provide an evaluation of the extent to which the values and principles set out in Section 195 are complied with.

(c) Section 196 (5) of the Constitution provides that the PSC is accountable to the National Assembly.

(d) Section 196 (6) of the Constitution provides that the PSC must, in terms of subsection (4)(e), report at least once a year to the National Assembly, and in respect of its activities in a province, to the legislature of that province.

(e) Section 196 (7) of the Constitution provides that PSC has the following 14 commissioners appointed by the President:

(i) five commissioners approved by the National Assembly; and

(ii) one commissioner for each province nominated by the Premier of the province

Commissioners are envisaged to form part of a single PSC, and required to follow the same polices and decision making processes of the PSC. Given the above, the PSC reports annually to the National Assembly on its activities in terms of section 196 (4)(e) of the Constitution, 1996, as a single entity.

Commissioners are appointed in terms of section 196 (7) of the Constitution and not in terms of the Public Service Act and therefore not accountable to the Minister for the Public Service and Administration. The PSC’s budget is appropriated through the Minister. The National Assembly is regarded as the employer and responsible for the performance of the PSC.

It is also worth mentioning that during discussions on the legislative process around the Public Service Commission Amendment Act, 2019, the Portfolio Committee on Public Service and Administration/ Performance Monitoring & Evaluation agreed that Parliament should set the criteria for renewal and the assessment of the performance of Commissioners and that it is not a function of the PSC. The PSC did provide input on this to the Chairperson of the Portfolio Committee in November 2021.

2)Please refer to response above.

End

Reply:

Attached find here: Reply

Reply:

a) The number of persons currently employed in the Public Service as at 14 February 2022 is 1 230 835.

b) The total number of persons that will reach the retirement age of 65 in 2025 is 131 176.

Source: PERSAL

End

Reply:

The Department of Public Service and Administration has not purchased new vehicles since 29 May 2019 for either the Minister or Deputy Minister of the Department for Public Service and Administration. Details of the existing vehicles purchased by the Department for use by the Minister and Deputy Minister for Public Service and Administration are as follows:

i) Minister for the Public Service and Administration:

Seat of Office: Pretoria

(a) Make: Audi.

(b) Model: A8 3.0 TDI Quattro Tiptronic.

(c) Year of Manufacture: 2015.

(d)Price: R750 000.00

(e) Purchase Date: 2 June 2016.

Seat of Office: Cape Town

(a) Make: Mercedes Benz.

(b) Model: GLC 250D.

(c) Year of Manufacture: 2018.

(d) Price: R799 664.11

(e) Purchase Date: 19 January 2018.

ii) Deputy Minister for the Public Service and Administration

Seat of Office: Pretoria

(f) Make: Audi.

g) Model: A7 Sportback 3.0 TDI Quattro.

h) Year of Manufacture: 2015.

i) Price: R735 700.00

j) Purchase Date: 20 June 2016.

Seat of Office: Cape Town

f) Make: Ford

g) Model: Everest 3.2 TDCI.

h) Year of Manufacture: 2016.

i) Price: R714 500.40

j) Purchase Date: 18 April 2016.

End

Reply:

(a) The down time percentage for 2020 - 21 financial year is 1,26% and the reason for down time at affected offices in Annexure A was related to cable theft.

(b) The down time percentage for April 2021 and February 2022 is 4.39% and the reason for down time at affected offices (Annexure B) was related to load shedding at some offices without generators.

(c) The Department never closed its offices due to system downtimes and continued to render services that are not system-dependent such as births, marriages and deaths certificates.

 

ANNEXURE A

 

See the link for Annexure A & B:  https://static.pmg.org.za/RNW373-2022-03-_-_Annexur_A_B.pdf

a) In FY 2020-2021

Percentage of Branch Servers Outages (2020 - 2021)
	Total Downtime
	Downtime	Uptime
	1.26	98.74

 

ANNEXURE B

b) 1 April 2021 – 9 February 2022

Percentage of Branch Servers Outages (2020 - 2021)
	Total Downtime
	Downtime	Uptime
	1.26	98.74

END

Reply:

1. The backlogs are with SCRA and RAASA. Hitherto, SCRA has already cleared past backlogs in other four RROs, with 24 000 files remaining at Desmond Tutu Refugee Centre. All these files are already on paperless platform and are awaiting final enhancements which should be finalized early March 2022 before they are loaded on the SCRA platform for finality.

RAASA backlog opening balance is 123 500 and the newly recruited members have already started to consider these files.

(2) The Department of Home Affairs has entered into a multiyear agreement with the United Nations High Commission for Refugee (UNHCR) for the implementation of the Backlog Project aimed at providing support to the Refugee Appeal Authority to finalise and deliver appeal decisions. The project aims to introduce support mechanism that will not only address the existing backlog, but to put in place new systems and capacity to prevent new backlogs from forming. The agreement sets out the essential elements of the project and relevant obligations of the parties over a period of four years. For the full four years of the project, UNHCR will contribute to the recruitment of additional 36 members of the Refugee Appeal Authority.

On 25 January 2022 I met the UN Assistant Higher Commissioner for Protection to review this partnership and related work. In that meeting it was agreed that as part of the next five-year period, an assessment focusing at the first instance asylum process will be undertaken to enhance the already done work in ensuring that these kinds of backlog do not reoccur. The assessment report will determine further assistance, if any.

(3) The numbers are as follows:

Month	Cape Town	Durban	Musina	Gqeberha	Desmond Tutu	Total
April	216	318	33	76	582	1225
May	2654	4405	1252	131	4630	13072
June	3059	3629	3039	1087	8335	19149
July	3409	3765	1143	396	5864	14577
August	3123	3455	847	281	10123	17829
September	1742	2255	945	295	9764	15001
October	1030	1271	469	139	4124	7033
November	835	924	365	119	3294	5537
December	403	496	220	111	1713	2943
Total	16471	20518	8313	2635	48429	96366

END

Reply:

Operators are required to investigate all occurrences and report the to the Railway Safety Regulator. The type of investigations the Railway Safety Regulator conducts is where occurrences result in any of the following:

 (i) Multiple (more than one) 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 significant public interest 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 Freight Rail Blue Train that was staged at Union station had run away and derailed at SCAW SA siding. The Railway Safety Regulator responded to the occurrence site to determine facts which contributed to 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. The BOI is expected to be concluded by end of February 2022.

b) On 16 January 2022, at 11h18, it was reported that a Blue Train derailed during shunting at the Transnet Freight Rail yard in Pretoria at 11h00. No injuries were sustained, with no impact on assets and operations.

This occurrence does not meet the requirements for the Railway Safety Regulator to respond to site in accordance with the Railway Safety Regulator 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 assets and operations as a result of this occurrence.

Reply:

a) The Department has mobilized all relevant stakeholders within the state, and across all three spheres of government, based on their respective mandates to develop and implement a plan to remove the shacks built along the railway line.

The relevant stakeholders are:

• Department of Transport, Department of Human Settlements, Department of Public Works and Infrastructure;
• Western Cape Provincial Government represented by the Departments of Transport and Public Works as well as Human Settlements;
• The City of Cape Town;
• The Housing Development Agency (HDA); and
• PRASA

Collectively, the stakeholders have identified parcels of land to which the illegal occupants in the railway reserves could be relocated to. The relocation was opposed by communities adjacent to the parcels of land identified for the resettlement of the illegal occupants. Alternative parcels of land are being further identified for acquisition to be used for the resettlement.

b) The provision of housing settlements is not within the mandate of the Department of Transport. Hence the Department has partnered with the Department of Human Settlements through the Housing Development Agency (HDA) for the provision of housing structures to those families that would be relocated from the railway reserves. To this extent an Implementation Protocol has been initiated to be signed by all stakeholders involved in the removal of families that have settled within the PRASA reserves. The objective is to identify suitable land for human settlements on which basic services like water and sanitation, roads and other amenities can be installed.

Reply:

Background

The department of Transport has made an assessment on the condition of road network in South Africa based on the road condition data available from the various road authorities, which is summarised for paved roads in Table 1 and for gravel roads in Table 2 below.

Table 1: Summary of Paved Road Condition

Table 2: Summary of Un-Paved (Gravel) Road Condition

There are numerous factors influencing the performance of a pavement. The following five are considered the most influential:

• Traffic is the most important factor influencing pavement performance. The performance of pavements is mostly influenced by the loading magnitude, configuration and the number of load repetitions by heavy vehicles.
• Moisture can significantly weaken the support strength of natural gravel materials, especially the subgrade. Moisture can enter the pavement structure through cracks and holes in the surface, laterally through the subgrade, and from the underlying water table through capillary action. The result of moisture ingress is the lubrication of soil particles, loss of particle interlock and subsequent particle displacement resulting in pavement failure.
• Subgrade: The subgrade is the underlying soil that supports the applied wheel loads. If the subgrade is too weak to support the wheel loads, the pavement will flex excessively which ultimately causes the pavement to fail. If natural variations in the composition of the subgrade are not adequately addressed by the pavement design, significant differences in pavement performance will be experienced.
• Construction Quality: Failure to obtain proper compaction, improper moisture conditions during construction, quality of materials, and accurate layer thickness (after compaction) all directly affect the performance of a pavement. These conditions stress the need for skilled staff and the importance of good inspection and quality control procedures during construction.
• Maintenance: Pavement performance depends on what, when, and how maintenance is performed. No matter how well the pavement is built, it will deteriorate over time based upon the above-mentioned factors.

a) As an Honourable Member may be aware, it is difficult to eradicate potholes on the road network as the emergence of new potholes depends entirely on the extent and nature of rainfall in that month or year.

It is true that potholes cannot be eradicated, however, to ensure that roads are properly maintained, my department is providing support (supplementary funding of just over R12 billion per annum to provinces) through the Provincial Road Maintenance Grant that is ringfenced for the maintenance, rehabilitation, strengthening of paved roads, re-gravelling, gravel road blading and blacktop patching (including pothole repairs).

b) The value of maintenance backlogs to address the road condition was estimated to be R197 billion in 2013. Based on the assessment of the 2017 data and additional data being collected, this figure is expected to increase and the process to update this calculation is work in progress.

Reply:

(i) I never purchased any vehicle since 29 May 2019. The vehicle I am using

was purchased before I arrived in the department.

(ii) Deputy Minister

a) BMW

b) 520d

c) 2019

d) R668 000.00

e) Order was issued on 19 December 2019

END

Reply:

a) PRASA, is currently running multiple investigations into scrap metal theft, and together with law enforcement agencies, is running multi-disciplinary operations in the pursuit of combatting crime (with investigation continuing to close down on syndicates).

On 31 January 2022, the Minister of Transport, joined PRASA’s ongoing operations, where there were multiple incidents and raids conducted that resulted in arrests.

To date there has already been 1 500 arrests due to these operations with many receiving lengthy prison sentences.

b) Damages, over the period from the beginning of the Covid-19 lockdown in March 2020 to date, is in excess of R1,2 billion.

Reply:

No such correspondence was ever received by the Department of Transport.

Matters of recruitment, selection appointment and placement of CEOs and Board Chairperson and Board Members of State Entities as well as Director General of Departments are governed by respective legislative and regulatory prescript as applicable in the Public Sector.

The Department of Transport ensures full compliance with all such laws, regulations and process

(a)(b) (c) Not applicable

Reply:

During the recently concluded African Union (AU) – European Union (EU) Summit which took place in Brussels, Belgium from 17-18 February 2022, the European Union Commission President, H.E. Ms Ursula von der Leyen announced that the EU’s Global Gateway Investment initiative, aims to invest €300 billion in public and private infrastructure schemes around the world by 2027.

Ms von der Leyen announced that under this initiative, Africa will be allocated funding worth €150 billion in investments over the next 7 years on the following focus areas:

• Investments
• Health
• Education

According to the AU-EU Summit Declaration, the Africa-EU Package is aimed at boosting large-scale sustainable investments, supported by Team Europe Initiatives, with due consideration to the priorities and needs of the African countries, including:

i) Investment in energy, transport and digital infrastructure aligned with the Programme for Infrastructure Development in Africa Priority Action Plan II (PIDA PAP II);

ii) Energy transition that is fair, just and equitable, taking into account specific and diverse orientations of the African countries with regard to access to electricity;

iii) Green transition including supporting the implementation of the Nationally Determined Contributions (NDCs) and National Adaptation Plans (NAPs) of African Countries under the Paris Agreement to enhance mitigation and adaptation;

iv) Digital transformation that supports trusted connectivity through investments in infrastructures and an affordable and enhanced access to the digital and data economy while boosting digital entrepreneurship and skills;

v) Sustainable growth and decent job creation, including by investing in the establishment of youth-owned businesses in Africa;

vi) Transport facilitation and efficiency of connected transport networks; and

vii) Human development, notably through scaling up mobility and employability of students, young graduates and skilled workers. It will also support industrialisation and the development of sustainable and resilient value and supply chains.

Currently, there is no action plan or list of projects regarding the investment package announced at the Summit.

As per normal practice following the AU-EU Summit, both the AU and the EU are supposed to jointly develop an action plan detailing the projects which will be financed and implemented by both partners during the next three years.

 

Reply:

(a) The question has been sent to Eastern Cape Head of Department for a response. 

(b) The Department will provide the response as soon as it is received. 

Reply:

a) There are currently 3 legal claims for damages against the NDA, namely:

(i) With regard to the Pannar Seeds (Pty) Ltd vs NDA refer to my reply to Parliamentary Question 307.

(ii) Uhuru Printers (Pty) Ltd vs NDA (R3 507 000 .00 plus interest). This matter is currently before court. Uhuru Printers took the NDA to court claiming damages for the alleged breach of contract. The contract was awarded irregularly as it discovered that it was awarded after the expiry of the validity period. The NDA on the instruction of the then board cancelled the contract. On advice of legal counsel, the NDA instituted an application to review the decision to award the tender to Uhuru Printers, which is also currently pending before the High Court.

The review application was heard on 12 February 2021 and the Court gave an order in favour of the NDA by default in the following terms:

a) The NDA’S decision to award tender number NDA10/MC01/13 (“the tender”) to Uhuru it is reviewed and set aside

b)  It is declared that no valid and lawful agreement came into existence between the NDA and Uhuru pursuant to the aforesaid decision to award the tender to Uhuru

c) The costs of this application shall be paid by Uhuru.

Uhuru Printers thereafter applied for a rescission of the default judgment granted in favour of the NDA. We are awaiting the court decision on the rescission application.

(iii) Fairdeal vs the NDA (R 199,990.40). The NDA procured the services of the Plaintiff to train and accommodate members of civil society organisations. The plaintiff failed to deliver contracted services as per the Service Level Agreement. This resulted in the termination of the contract and the NDA withheld the transfer of the remaining tranche, which resulted in the plaintiff instituting legal claim for damages.

Fairdeal Poultry has failed to set the matter down and get a trial date. At some stage, the plaintiff instituted a parallel process by reporting the matter to the Public Protector but failed to follow through with all the necessary processes.

b) The amount claimed by the plaintiffs against the NDA are reflected above per each case, but the true amount will only be known once a competent court of law has decided on the merits of each case brought against the NDA.

Reply:

(1) (a), (b), (c) (d) (i)(ii) and (2). The two sub-questions have been referred to the Limpopo Department of Education and the response will be forwarded as soon as information is received from the province. 

Reply:

The provincial education department, Western Cape Education Department (WCED) is dealing with the matter via the disciplinary procedures.

They reported that the teacher was not suspended pending the investigation as her presence at school will not jeopardise the investigation or endanger the wellbeing or safety of the learner. The learner was placed in another class. The social worker, who is supporting the learner confirmed that the learner is happy in her new class.  The WCED has a policy of zero tolerance with regard to corporal punishment. The allegation is being investigated. If there is substantive reliable evidence for a charge of misconduct, the teacher will be formally charged.   

Reply:

(i) No official vehicle has been purchased for use for the Minister since 29 May 2019.

(ii) Approval was obtained for the procurement of official vehicles for both Deputy Ministers on 14 October 2021. Official orders were placed on 01 December 2021 with the approved suppliers for both vehicles:

Deputy Minister Mashego Dlamini

(a) Toyota

(b) Fortuner 2.8 GD-6 VX A/T

(c) 2022

(d) R635 434.80

(e) Vehicle to be delivered in April 2022

Deputy Minister Botes

(a) Audi

(b) Q5 TDI QUATTRO S TRONI

(C) 2022

(d) R660 057.80

(e) Vehicle to be delivered in May 2022

Reply:

1 (a) The total damage to schools in both Provinces amounted to: R203 900 949.77

(b) affected provincial  education departments have been requested to respond to any information on goods and services. 

2. The request has been referred to provincial departments and a response will be provided as soon as it is received.

Reply:

(i) FY 2019-20

(a)    28

(b)    103

(c)    87

(d)    The electricity scope for ASIDI was completed in previous years.

(e)    DBE does not do renovations in ASIDI to eliminate pit toilets.

 

(ii) FY 2020-21

(a)    32

(b)    41

(c)    100

(d)    The electricity scope for ASIDI was completed in previous years.

(e)    DBE does not do renovations in ASIDI to eliminate pit toilets.

Reply:

The shortfall has been addressed through engagements with National Treasury. Details of the NSFAS allocation will be shared following the Budget Vote Speech of the Minister of Finance on 23 February 2022 and publication of the Budget Review.

Reply:

a. Post:

Deputy Director – Ref No: DBE/43/2021

Branch: Social Mobilisation and Support Services

Chief Directorate: Care and Support in Schools

Directorate: National School Nutrition Programme

(I) Job Requirements:

Three year relevant (NQF level 6) post matric qualification or equivalent qualification as recognised by SAQA; Four (4) years’ relevant experience at supervisory/middle managerial level in a Nutrition related field (must submit academic record or statement of results with application). Knowledge of relevant education policies and current trends in the field of education and nutrition; Knowledge of the Curriculum Assessment Policy Statements (CAPS); Knowledge of policy formulation; Knowledge of project and financial management; General knowledge of research methods and tools; Good knowledge of public sector legislative and regulatory environment; Proven experience in report writing; Proof of a valid driver’s license is a prerequisite (travel extensively).Skills Required: Coordination, facilitation, analytical, critical and creative thinking; Strong report writing skills and communication (verbal and written); Attention to detail and high level of accuracy, effective public relations and public speaking skills; Self-disciplined; Ability to work well under pressure with minimum supervision; Leadership, management and conflict resolution skills; Strong organisational, planning and problem solving skills; Supervisory and Inter-personal skills; Proven ability to engage in proactive and informative discussions at all levels; A high degree of sound judgement in dealing with Government Officials, counterparts and other role-players. Computer literate in MS Word, Excel, Access and PowerPoint.

ii) Date of Advert

1. July 2021

iii) Closing date of advert

30 July 2021

iv) Qualification requirements

Three year relevant (NQF level 6) post matric qualification or equivalent qualification as recognised by SAQA

 

(2)         Status of post DBE/43/2021

Shortlisting to be held 04 March 2022

        b. Post:

Deputy Director – Ref No: DBE/44/2021

Branch: Social Mobilisation and Support Services

Chief Directorate: Care and Support in Schools

Directorate: National School Nutrition Programme

i) Job Requirements:

Three year relevant (NQF level 6) post matric qualification or equivalent qualification as recognised by SAQA; Four (4) years relevant experience at supervisory/middle managerial level; Knowledge of relevant education policies and current trends in the field of education and nutrition; Knowledge of policy formulation; Knowledge of project and financial management; General knowledge of research methods and tools; Good knowledge of public sector legislative and regulatory environment; Proven experience in report writing; Proof of a valid driver’s license is a prerequisite (travel extensively).Skills Required: Coordination, facilitation, analytical and creative skills; Strong report writing and communication (verbal and written); Attention to detail and high level of accuracy, effective public relations and public speaking; Critical thinking and self-discipline; Ability to work well under pressure with minimum supervision; Leadership, management, conflict resolution; Strong organising, planning and problem solving; Supervisory and Inter-personal; Computer literate in MS Word, Excel, Access and PowerPoint.

ii) Date of Advert

1.      July 2021

iii) Closing date of advert

30 July 2021

iv) Qualification requirements

Three year relevant (NQF level 6) post matric qualification or equivalent qualification as recognised by SAQA

 

(2)         Status of post DBE/44/2021

                             Shortlisting was held 15 February 2022 – Submission is on route for approval of shortlisted candidates

c. Post:

Assistant Director – Ref No: DBE/45/2021

Branch: Social Mobilisation and Support Services

Chief Directorate: Care and Support in Schools

Directorate: National School Nutrition Programme

i) Job Requirements:

The applicant should have a three-year relevant post matric qualification (NQF Level 6) or equivalent as recognized by SAQA; and at least three years’ experience in the relevant field with a proven record in project management; Understanding of government strategic vision and public service legislation and policies pertaining to the education sector in South Africa; Knowledge of project and financial management; Co-ordination, facilitation, analytical and creative skills; Strong communication (verbal and written); Computer literacy skills (MS Word, Excel, Access and PowerPoint) and interpersonal skills; Experience in community nutrition will be an advantage; Proof of a valid driver’s license is a prerequisite. Skills Required: Project management; Conceptual and analytical skills; Financial management; Coordination and training/facilitation skills; Assessment and provision of guidance on the nutritional needs of schoolgoing children; Report writing, Strong communication and interpersonal skills; Leadership, conflict resolution, negotiation and problem-solving skills; MS Word, Excel and PowerPoint; Ability to establish and work with a spectrum of stakeholders

(ii)         Date of Advert

1. July 2021

iii) Closing date of advert

1. July 2021

iv) Qualification requirements

The applicant should have a three-year relevant post matric qualification (NQF Level 6) or equivalent as recognized by SAQA

(2)         Status of post DBE/45/2021

Shortlisting to be held 08 March 2022.

Reply:

1.     Introduction:

The Department of Higher Education and Training is responsible for Universities (of all types), Technical and Vocational Education and Training (TVET) Colleges and Community Education and Training (CET) Colleges. 

The Department published the Policy Framework to Address Gender-Based Violence in the Post-School Education and Training System on 17 July 2020 (Government Notice 410 of 2020). The strategic objectives of the Policy Framework are:

• Strategic Objective 1: Enabling Environment

Create an enabling environment in the Department and Post-School Education and Training (PSET) institutions to ensure the effective implementation of the Policy Framework, actions and programmes. These include: regulations, norms, standards, guidelines and standardised procedures; structured engagements with other Government departments, agencies, entities and non-governmental organisations; institutional policies are implemented; as well as accountability, monitoring and evaluation. The Policy Framework not only allows for the participation in and the establishment of national structures and mechanisms intended to enable implementation of PSET institutions’ policies, but also gives a monitoring mechanism to collect and report on relevant and strategic data and information.

• Strategic Objective 2: Prevention and Awareness

Promote the safety of all students and staff by putting in place comprehensive prevention and awareness programmes intended to raise the importance of policies and services addressing Gender-Based Violence (GBV), as well as other measures aimed at preventing incidents of GBV in PSET institutions. PSET institutions are also required to exercise sufficient degrees of control over third parties such as visitors to the university or college, as well as employees of companies contracted to provide some form of service to the institution. The Policy Framework also protects staff and students that are placed in workplaces to complete practical training.

• Strategic Objective 3: Support and Assistance

PSET institutions must provide for comprehensive support and assistance and refer the survivors of GBV appropriately to specialised support and assistance. This support and assistance must be properly and systematically recorded and appropriately reported. The support must be in line with the National Instructions, National Directives, List of Designated Health Establishments and Additional Services directives under the Sexual Offences and Related Matters Act (SORMA) (Act 32 of 2007). PSET institutions must therefore ensure that affected parties receive multi-disciplinary support including, where appropriate, support from HIGHER HEALTH, Thuthuzela Care Centres and local health facilities. The Department, HIGHER HEALTH and PSET institutions must provide guidance around the structures, mechanisms and processes that are in place to address GBV in line with national regulatory framework and international obligations. PSET institutions should develop and review internal anti-GBV policies in line with the Policy Framework (July 2020).

It is the responsibility of PSET institutions to implement the Policy Framework at institutional level. The Department monitors the implementation of the Policy Framework and is finalising the Social inclusion Review and Implementation Model (SI-RIM) that is a mechanism to provide information for reporting purposes.

HIGHER HEALTH, in collaboration with several Departments (including the Department of Higher Education and Training), experts and institutions developed Institutional Implementation Guidelines and supporting protocols and standards for Institutions to address GBV.

2.    Sexual Offences and GBV data/information:

Reporting of sexual offences cases by individuals remains low in all PSET institutions because of several factors such as the fear of stigmatisation, unwillingness of survivors to expose perpetrators (especially in cases of intimate partners) and the fear of possible further victimisation and harassment. Students and staff are encouraged by the Policy Framework and Guidelines to promptly report any GBV cases to campus security or the GBV ‘Responsible Office’ and to the South African Police Service (SAPS) [According to the SORMA].

Reporting structures and procedures of sexual offences are clear in all policies. The Department collects strategic and relevant information from institutions annually. It does not require information on individual cases. Some institutions have a secure online system for recording, monitoring and analysing data, however, they do not provide data to the Department.

In specific:

• The University Branch does not collect individual data. There is no standardised reporting mechanism which would outline how cases should be reported, to whom and how the data would be managed. Universities are managing their own reporting, and no comparative data is being collated.
• The TVET Branch has recently (in 2021) developed a Survey Hub to collect sexual offences and GBV data at institutional level.
• No formal data collection processes are in place by the CET Branch. Processes are in place to do so in future in collaboration with HIGHER HEALTH.
• HIGHER HEALTH as the implementation agency for addressing GBV in PSET institutions, are only collecting data of students requesting psycho-social support due to inter alia sexual offences and GBV. HIGHER HEALTH collects data in public TVET colleges and universities of all types only where they have a presence in the form of mental health services operating under HIGHER HEALTH Centres/support.
• When sexual offences by TVET and CET colleges’ staff members are reported, they are dealt with by the Labour Relations Officers in the Department as cases of misconduct and proper recording of cases is available.

3.    Answers to Questions

Question 1 (a): What is the total number of students have reported sexual offences (assault) in the institutions of higher learning in each province (i) in the past three academic years and (ii) since 1 January 2022.

This question cannot be answered as requested due to different data sources and dissociation of data.  The following data has been provided:

TVET College Data

TVET Colleges are managed through 6 Regional Offices that combines North-West and Mpumalanga; Northern Cape and Western Cape; and Free State and Gauteng. The other regions are Limpopo, Eastern Cape and Kwa-Zulu Natal.  Furthermore, the data recorded for all the years was submitted by TVET colleges and is not verified. For 2019 and 2020 there was no standardised tool for reporting of data, while in 2021 colleges reported online through the Survey Hub. The reports from colleges varied as such this cannot be taken as a true reflection of what transpires in colleges.

• Report as at December 2021

The TVET Branch utilises the Survey Hub to collect data from colleges on various areas of student support services. The last report was developed in December 2021 and the findings were as follows:

• Two regions reported cases of physical assault whilst the highest number of reported cases in one college is fifty (50) at Central Johannesburg TVET college and the other colleges recorded at total of fifteen (15) cases;
• The regions reported eighty-eight (88) cases of rape - the highest number reported in Eastern Cape (50 cases); 31 in Gauteng/Free State and 7 cases in Northern Cape/Western Cape;
• Other unspecified cases reported are seven hundred and fifty-three (753); and
• Some colleges outlined the incidences in the report whilst others did not.
• Report for 2020

2020 data was collected from colleges but are not disaggregated. The types of incidents reported are physical assault (15 cases), rape (26 cases), sexual assault (16 cases), touching and innuendo/insinuation (9 cases), incest (9 cases) and unwanted sexual touching (11).

• Report for 2019

Colleges reported cases of physical assault (15) and rape (15).

CET College Data

Of the 9 CET Colleges, only 2 colleges reported cases viz.: Gauteng and Western Cape CET Colleges.  In the past three years Gauteng has reported six (6) cases of sexual harassment and the Western Cape reported 2 cases. 2 students in Gauteng reported cases since January 2022.

HIGHER HEALTH Data

HIGHER HEALTH provides prevention as well as support services to anyone facing trauma because of GBV. This applies to students and staff who have reported GBV previously (even prior to joining the PSET sector) or currently.

80 067 students completed a GBV curriculum between January to December 2021 and from there students completed risk profiling on GBV, after which they were referred for GBV-support services, as outlined below.

HIGHER HEALTH’s 24-hour toll-free crisis line (0800 36 36 36) reports that 18 928 students utilised the crisis service from January to December 2021.

HIGHER HEALTH’s data on GBV services includes students who receive the following interventions:

• GBV & Mental Health early risk detection;
• GBV & Mental Health psychosocial counselling and support; and
• Linkage to Thuthuzela Care Centres and other tertiary based GBV support systems.

Table 1:

Total number of students who received HIGHER HEALTH support on sexual offences and GBV cases, according to province

Province Year	Universities	TVET Colleges	CET Colleges
	2020-2021	2020-2021
Eastern Cape	1 113	2 401	Services commenced in 2022
Free State	956	1 091
Gauteng	1 115	2 834
KwaZulu Natal	367	2 435
Limpopo	113	1 950
Mpumalanga	185	723
North West	871	615
Northern Cape	9	569
Western Cape	10 660	4 424
Total	15 389	17 042

Labour Relations Data Involving Staff in TVET and CET Colleges

Table 2:

Total number of students who reported sexual offences and GBV cases against staff, according to province[11]

Province Year	TVET Colleges	CET Colleges
	2019/20	2020/1	2021/2
Eastern Cape	0	0	No new cases reported	No information available
Free State	0	3
Gauteng	1	0
KwaZulu Natal	0	1
Limpopo	1	1
Mpumalanga	0	1
North West	0	0
Northern Cape	0	0
Western Cape	0	1
Total	3	7	0

There are no other data available on students’ cases.

4.    Question 1 (b): What are the types of sexual offences that have been reported?

The types of sexual offences and GBV reported are:

• physical assault,
• rape,
• sexual harassment,
• sexual assault,
• sex for marks,
• touching and innuendo/insinuation, and
• Incest.

5.    Question 1 (c): What is the number of incidents that have occurred with and/or involved staff members

The university branch does not collect data on individual staff’s misconduct.

Table 3:

The number of incidents that involved staff members from TVET Colleges (all):

Province Year	TVET Colleges	CET Colleges
	2019/20	2020/1	2021/2[13]
Eastern Cape	0	0	No new cases reported	0
Free State	0	3		0
Gauteng	1	0		1
KwaZulu Natal	0	1		0
Limpopo	1	1		0
Mpumalanga	0	1		0
North West	0	0		0
Northern Cape	1	0		0
Western Cape	0	1		0
Total	3	7		1

6. Question 2: Whether there is a dashboard to analyse sexual offence cases. If not, why not; if so, what are the relevant details?

• The University Education Branch does not collect individual data on sexual offences. There is no standardised reporting mechanism which would outline how cases should be reported and managed.
• The TVET Branch started in 2021 to provide reporting through the Survey Hub.
• The CET Colleges do not have mechanisms, nor systems to report and analyse abuse cases. The Department, working with HIGHER HEALTH is putting in place the mechanisms to deal with GBV, including sexual harassment or assault cases. It is expected that by the end of 2022 the colleges will have GBV policies as well as tools of reporting, monitoring and analysing cases in the CET colleges.

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I would like to refer the Honourable Member to my reply to Parliamentary Question 2523, which was published in the internal question paper on 19 November 2021.

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1. (a) in terms of the Communal Property Association (Act No. 28 of 1996) Section 2 indicates in detail who can be approved in terms of the legislation. In summary this will be

• A community that has received land through the Restitution of Land Rights process
• A community that has received land through other forms of land reform programmes and want to hold the land collectively
• A community that may on their own agree that they want to hold the land asset collectively which may have been donated or sold to the said community
• A community which may have received land prior to the enactment of the legislation and would now want to hold it collectively as a juristic persons

There are certain requirements that the Act outlines how these communities may arrive at a determination that they want to hold such land collectively.

(b) After agreement the community will seek to register their entity. Some of these requirements as stated in the Act are as follows:

• The two copies of the proposed constitution initialled on each page and signed on the last page by the elected Chairperson and Secretary of the CPA;
• The affidavit by the person who acted as the Chairperson of the meeting where the Constitution was adopted;
• The written explanation of the way in which the association complies with the provisions of Section 2 of the CPA Act;
• The appointment of the Designated Officer;
• The explanation of the way in which the Constitution of the Association complies with the Schedule to the CPA Act;
• The list containing names and ID Numbers of all persons alected as the first committee of the CPA;
• The appointment letter for the Authorised Officer in terms of Section 7(2) of the Act;
• The report by the Authorised Officer setting out his observations of the Constitution adopting meeting;
• The list of individuals or households who are members of the CPA;
• The principles for the identification of other persons entitled to be members of the Association and the procedure for resolving disputes regarding their rights;
• The approved Memorandum for the acquisition of the Land;
• The attendance registers of the meeting where the CPA Constitution was adopted;
• The notice of intention to adopt the CPA Constitution;
• The minutes of the meeting that adopted the CPA Constitution.

2. Yes. The Communal Property Associations Act, 1996 (Act No. 28 of 1996) is applicable across all Provinces.

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The community need on the upgrading of existing classrooms in Choseng Secondary School in Ward 3 in Greater Taung Local Municipality was indicated in the IDP for the 2011/2012 FY but the project was not included in the budgeted list of projects that were implemented by the NW Department of Education for the 2011/2012 Financial Year. However, the following work has been undertaken by the NW Department of Education in the school:

1. The school was provided with 6 mobile classrooms (2 were provided in the 2016/2017 FY, an additional 2 in the 2018/2019 FY and a further 2 during the 2021/2022) for a total cost of R666 295,05.
2. Extra toilets were provided in March 2021 for a total cost of R401 805,00.
3. A Borehole was provided in September 2021 for a total cost of R286 720,00.

The participation of other spheres of government in the IDP processes remains critical. In this regard, the District Development Model is key as a mechanism to ensure alignment of plans across the spheres of government. The DDM is aimed at enhancing cooperative governance through coordinating all three spheres of government to commonly agreed vision and outcomes in a district or metro space. In this regard, DCOG will continue to work with other departments including the Department of Education, provinces and the municipalities in ensuring that the One Plan and the IDPs of municipalities are developed and implemented as part of the implementation of the District Development Model.

Additionally, DCOG has developed Revised IDP guidelines for all municipalities which are aimed at guiding the development and implementation of the IDPs. These guidelines are focuses guiding municipalities on the alignment of the IDPs and the DDM One Plans.

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Claim Type	*Backlog, i.e., Claims older than 60 days (Claims)	*Average time for processing (days)	(i) Total number of claims on hand	(ii) Average number of the days that claims have been outstanding in each case #
a) Withdrawal Claims	242	24	1 859	158
b) Retirement Claims	416	22	5 025	125
c) Death Claims	1 130	81	3 523	220

In relation to the question, kindly see below the Government Pensions Administration Agency response:

*Backlog cases are defined as cases older than 60 days.

*Age of claims vary depending on specific complexity of each case.

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No, the National Treasury did not undertake an assessment on the affordability of the SA Local Government Bargaining Council Salary and Wage Collective Agreement for the 2021-2024 financial years. National Treasury is not directly involved in the collective bargaining matters relating to local government wage agreements and the associated implementation costs. These are negotiated between the employer represented by the South African Government Association (SALGA) and Labour represented by various trade unions.

The National Treasury and Provincial Treasuries undertake assessments twice a year (before a budget is adopted and at mid-term of the financial year) on the ability of a municipality to fund its operating budget. These assessments include the affordability of salaries and wages as a component of municipal expenditure. In addition, the National Treasury also undertakes an annual assessment on the State of Municipal Finances and Financial Management to identify municipalities in financial distress.

Even before the start of the COVID-19 pandemic, there were already 166 municipalities in financial distress. On this basis, the National Treasury advised SALGA on the need for greater fiscal prudence given the decline in overall economic activity and the concomitant impact thereof on municipal revenues. The National Treasury expressed concerns in a letter to SALGA that there should be an exit clause which allows for exemptions from salary increases for those municipalities that cannot afford these such increases. SALGA provided an undertaking in this regard indicating that any municipality who cannot afford the salary and wage increase on the basis of their financial health reports will be allowed to use the exit clause in the agreement making it easier for the municipality to apply for an exemption.

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The Moses Kotane Local Municipality (MKLM) is the Water Services Authority (WSA) in its area of jurisdiction. According to MKLM, it is currently servicing Wards 14, 28 and 30 in Ledig by carting water, storing it in tanks and providing communities through standpipes installed in various strategic points. The water is supplied by Magalies Water Board. In some areas however water is supplied from boreholes that were donated by the Traditional Council as a short-term solution. The implementation of a bulk water project mentioned below aims to ensure a sustainable water supply to the communities of Ledig.

In accordance with section 154 of the Constitution, the Department of Corporative Governance (DCOG) supports and strengthens the MKLM to perform their WSA functions of ensuring access to water services to the communities MKLM. DCOG through the Municipal Infrastructure Support Agent (MISA) deployed professionally registered engineers to MKLM who assist throughout the water project life cycle and water provision function responsibilities. The deployed engineers further support MKLM by coordinating other service delivery role players like the Department of Water and Sanitation (DWS) in accordance with the District Development Model (DDM). The deployed MISA engineers support MKLM with the implementation of the following project aimed to ensure the provision of water to the communities of Ledig.

According to MKLM, a bulk water project to address the water challenges in Wards 14,28 and 30 was initiated few years ago. The implementation model was through a tripartite agreement of Bakubung Platinum Mine, Maseve Mine and MKLM. The original scope as approved by the DWS included the construction of a pump station, 5 mega-liter (ML) reservoir and a bulk pipeline. Phase 1 of the bulk water supply project was completed in 2020, which excluded the 5 ML reservoir and the bulk main pipeline. MKLM is currently in the process of procuring a contractor for the construction of the reservoir and the associated bulk main pipeline.

The successful implementation of this project will ensure that there is sustainable water supply in the three wards.

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South Africa supports the principle of free movement of persons on the continent. However there remains a set of enablers or preconditions that are necessary for the successful implementation of the AU Protocol which need to be met by member states ahead of its ratification. These include but are not limited to:

• The fact that not all member states are on the same level of facilitating free movement of persons in Africa;

• Challenges related to free movement of persons, amongst others, national security, public order, public health and socio-economic disparities;

• There is a phased approach which needs to be met related to the implementation of the protocol and the free movement of persons;

• The infrastructure (which in many countries is still not available) that needs to be put in place such as, machine readable passports compliant to international standards, and compatibility of ICT systems at ports of entry to facilitate exchange of information;

• The need to still set up the legal infrastructure such as, bilateral return agreements, the AU legal instruments on extradition and mutual legal assistance, the AU framework on African Passport and its relationship with free movement of persons, and Interface of Movement Control systems with INTERPOL (red notice system) and individual Member States prohibition/undesirable person’s lists and the UN warning lists.

The SADC Member States acknowledged, that movement of persons in Africa is relevant and critical for continental integration and Africa’s economic development, and thus in principle, support the implementation of the Protocol. However, considering the prevailing identified challenges and preconditions, SADC recommended that implementation of free movement of persons in Africa and the African Passport should be implemented through a phased approach in accordance with a principle that safeguards the sovereignty of Member States.

South Africa recently adopted a new White Paper on International Migration which advocates for an Afrocentric migration approach. Such an approach locates the migration policy within the African Development Agenda. For instance, it supports the free movement of African citizens within the continent in a secure manner.

The Security Assessment Report on the Protocol recommends that South Africa should, among other things, underscore the importance of addressing economic disparities in the continent prior to the implementation of the Protocol; prioritise the establishment and implementation of the Border Management Authority; continue to advance the SADC common position and delay implementation of the Protocol considering the threats to national security that are associated with its implementation, including, for instance, internal migration and external migration - South Africa is experiencing both high internal and external migration patterns to urban areas leading to influx and competition for resources in urban areas.

Having satisfied itself of the need to address the above concerns before South Africa could consider ratifying the AU Protocol on the Free Movement of People, a Cabinet decision was taken in May 2021 not to ratify the Protocol until the necessary preconditions and enablers are met by Member States.

 

 

 

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The Cuban government called on South Africa and other partner countries in their hour of need in July 2021. Cuba’s worst economic crisis in 30 years was caused by the devastation of the COVID-19 pandemic and further exacerbated by the economic, commercial and financial embargo against Cuba by the United States. Cuba as a result is experiencing chronic shortages of food, fuel, medicine and electricity.

South Africa responded to this call for humanitarian assistance in the context of reciprocity and its historical friendship and solidarity with Cuba which was cemented though Cuba’s sacrifices during our struggle for freedom. Cuba also responded without hesitance to South Africa’s call for medical professionals to assist during the first months of the COVID-19 pandemic in South Africa.

The African Renaissance and International Cooperation Fund (ARF), which is located within DIRCO, and which is legally constituted to implement humanitarian assistance of this nature, is coordinating the project with relevant stakeholders, following all necessary legal prescripts. .

The required concurrence to release an amount of R50 million from the African Renaissance Fund was provided by the Minister of Finance, after which the Acting Director-General of DIRCO approved that the request for humanitarian assistance by Cuba be implemented through the supply chain management processes as regulated by the Public Finance Management Act (Act No. 1 of 1999).

These processes were concluded by December 2021.

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I would like to inform the Honourable Member that this matter is still in court as the NDA successfully applied for the rescission of the default judgement against it. The exchange of legal documents between the NDA and the plaintiff has not been finalised as the plaintiff must first reply to our notices in terms of Rule 35 (12) and (14).

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1. The Minister of Finance is currently considering the request for concurrence from the Minister of Public Enterprises in respect of the proposed amendments of rules for the PRASA sub-fund of the Transport Pension Fund.

2. The Minister of Finance will not make a statement on the matter. The outcome will be communicated to the Minister of Public Enterprises.

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For the current financial year, the Department of Trade, Industry and Competition has spent an amount of R419 504 303 on goods and services to date and there are no unpaid invoices outstanding for more than 30 days.

A supplementary reply on invoices on the entities reporting to the department will be submitted shortly as the information is being compiled.

-END-

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The table below indicate the status of the Payment of invoices in the Department of Cooperative Governance (DCoG) and its Entities: 

ENTITY	What number of supplier invoices currently remain unpaid by (ii) each entity	(aa) More than 30 days	(bb) more than 60 days	(cc) more than 90 days	(dd) more than 120 days	(b) total amount o/s R’00	(c) what date the o/s amount will be settled R’00
DCOG	None	None	None	None	None	None	Not applicable
MDB	None	None	None	None	None	None	Not applicable
SALGA	49	-R12 227 308.26 credit balance	R 195 549.08 with a debit balance	R 590 318.57 with a debit balance	547 690.79	R 1 333 558.44	28 February 2022
SACN	None	None	None	None	None	None	Not applicable
MISA	None	None	None	None	None	None	Not applicable
TRADITIONAL AFFAIRS	None	None	None	None	None	None	Not Applicable

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In 2000, the United Nations Security Council recognised the gendered impact of war, and the exclusion of women in peace-building processes through the adoption of UN Security Council Resolution 1325. To strengthen the reach and impact of the Women, Peace and Security (WPS) agenda, the Global Network of Focal Points on Women Peace and Security was established in 2016, to ensure that UN Member States adopt gender responsive peace and security policies that can meaningfully respond to emerging security challenges and permutations of violence.

The Global Network is an acknowledgement that while good practices have emerged in the implement of the WPS agenda, the global community needs less rhetoric and more action based on the ultimate objective of the WPS Agenda that is to prevent wars from happening and not making wars safer for women.

South Africa and Switzerland are the 2022 Co-Chairs of the Global Network of Focal Points on Women Peace and Security taking over from Canada and Uruguay. The Global Network is a voluntary body of like-minded UN Member States. Under the stewardship of South Africa and Switzerland, the Global Network will continue to implement and localize the WPS Agenda through National Action Plans. The National Action Plan (NAP) of South Africa was adopted by Cabinet in March 2020.

Our National Action Plan provides policy makers and security actors with a new set of tools to plan for large-scale, coordinated collaboration to support the strategic priority of creating a safe and peaceful South Africa and the continent. It also provides concrete action steps to help government and civil society to evolve out of conflict peacefully, through the involvement of women as peace anchors in communities during localised conflicts such as the July 2021 unrests, service delivery protests, gang violence, student uprisings as well as development and implementation of gender responsive policies and programmes.

The National Action Plan on WPS seeks to reinforce the existing frameworks on Gender-Based Violence and Femicide, provide protection and support for women experiencing violence, and focus on the behavioural changes required to build a South Africa at peace with itself. It is particularly designed to support the National Strategic Plan on Gender-Based Violence and Femicide which is anchored on five key interventions:

• Urgently responding to victims and survivors of GBV;
• Broadening access to justice for survivors;
• Changing social norms and behaviour through high-level awareness raising and prevention campaigns;
• Strengthening existing architecture and promoting accountability; and
• The creation of more economic opportunities for women who are vulnerable to abuse because of poverty

Furthermore, the Gender-based Violence and Femicide National Strategic Plan (GBVF-NSP), envisages bold leadership, strong accountability across government and the broader society to respond to GBVF and has entrenched firm technical and financial support. In addition, South Africa is conscious of the heightened risk of Sexual and Gender-Based Violence (SGBV) during conflict by aggravating factors, including the polarization of gender roles, the proliferation of arms, the militarization of society, and the breakdown of law and order. South Africa will leverage on this chairship by working with AU Member States and other stakeholders in the fight against SGBV in conflict and post-conflict settings. The subsequent long-term and complex impacts of SGBV continue to affect individuals and communities after conflict ends.

South Africa will leverage on its role from a premise that addressing SGBV is an integral aspect of the overall Women, Peace and Security agenda. SGBV affects the health and safety of women and has significant impact on economic and social stability. We recognise that sexual violence can threaten international peace and security, and that it is frequently used as a tactic of war to dominate, humiliate, terrorise, and displace women. It is for this reason that South Africa will also use its tenure as the Global Network Co-Chair to strengthen its current Capacity Building Programmes on Conflict Resolution, Mediation and Negotiation. The programmes target women and youth both domestically and in the conflict-ridden countries in the continent.

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The Minister of Public Works and Infrastructure:

No vehicle was purchased for (i) the Minister and (ii) the Deputy Minister since 29 May 2019.

The vehicle I am driving is currently on a recorded mileage of 84 980km.

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1. The International Tribunal is not an international tribunal which has been formally established by States or the United Nations or any other international organisation, consequently, its findings have no legal standing. The Government of South Africa is under no obligation to comment on the report.

2. The decision by the United States Government to ban imports from the Xinjiang region imposes no obligation on South Africa to follow a similar course of action and South Africa’s trade relations with the United States have not been impacted in any way as a result of the International Tribunal Judgement. South Africa is not considering a ban on imports of products from the Xinjiang region. South Africa, in its trade relations with China as its largest global trading partner, does not distinguish between regions within mainland China.

3. South Africa participates in multilateral institutions of global governance such as the United Nations Human Rights Council, whose mandates include the promotion, protection and advancement of human rights. In its engagement with these institutions, South Africa always advocates for, and works closely with its partners (e.g. through the passing of resolutions) to ensure that human rights are promoted, protected and realised, not only in the domestic setting, but globally in all regions of the world. As indicated, the International Tribunal is not a formally established platform, this is in contrast to the Palestinian cause, which is recognized by the overwhelming majority of the international community and continues to enjoy the right of participation in the sessions and work of the General Assembly and its associated bodies.

 

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(a) Moses Kotane Local Municipality is a beneficiary and an end user of the Reconstruction and Development Programme(RDP). The Department of Human Settlements is responsible for the implementation of the programme through its provincial department, which relies on the local municipality to facilitate the beneficiaries. The question can be best answered by the relevant department.