Questions and Replies

Reply:

1. Trade decisions on imports are made in compliance with the rules of the World Trade Organisation (WTO). It requires granting non-discriminatory market access for imports from all WTO Members, subject to applicable tariffs and health, safety and environmental standards, such as sanitary and phyto-sanitary requirements. Any restrictions beyond these need to comply with specified rules. This provides the legal framework within which any administration is required to operate.

2. International trade data is not disaggregated to sub-national levels. Available data specifies the country of origin only.

3 Any illegal relabeling practices which misrepresent the national origin will be in contravention of South African customs, legislation requiring that imports enter the South African market only if accompanied with a declaration of the true country of origin and of export (Article 40.1(c) of Customs and Excise Act). Should the Honourable Member have evidence of any illegal labeling practices, it should be reported to the Office of the Head of Customs at the South African Revenue Services (SARS).

-END-

Reply:

The information requested varies from one municipality to the other and is not readily available in the Department. The department is in the process of sourcing and verifying information from Provinces and Municipalities to ensure accurate reporting.

Reply:

The Minister of Public Works and Infrastructure:

1. (a) The Department commissioned BDO South Africa to conduct an investigation on all 12 contracts relating to the Parliamentary precinct, including the two Facilities Management contracts (i) for State-owned residences and (ii) Offices. BDO South Africa has made 20 findings and the Department has developed an audit action plan as to remedy the shortcomings.

(b)(i) The Department has also commissioned independent consultants, Multi-QS, to do a condition assessment on, among others, fire safety, building fabric, mechanical and electrical.

(b)(ii) The Department also commissioned an internal professional team to do an investigation to ascertain the extent of the fire damage of the precinct. This investigation led to the Department appointing independent consultants, COEGA, to investigate the structural integrity of the Parliamentary precinct. This investigation is still underway.

(c and d) See above.

2. I am yet to be briefed on the Multi Qs and COEGA reports. Once briefed, I will be in a position to share the reports. The Member is already in possession of the BDO report.

Reply:

The Minister of Public Works and Infrastructure

1. and (2) I have been informed by the Department that while no budget was allocated in the 2019-20 and 2020-21 Financial Years for the maintenance of 39 Glyn Street, electrical maintenance, maintenance of blocked drains, repair of burst water pipes, repair of leaking and blocked toilets, gate motor repair, repair of faulty lights & plugs and repair leaking roofs was done during 2019-20 and 2020-21 financial years through the day-to-day maintenance. Most of the work requires capital refurbishment and DPWI has been engaging the SAPS, who is responsible for allocating budget for the capital refurbishments.

Reply:

1. (a) In the past 8 years, ruminant semen and embryos have been exported to Brazil, Paraguay, Argentina, Malaysia, Zambia, Namibia, Canada, Venezuela, Angola and Guyana. The information for the past twelve years is not readily available, since information is archived every five years and this information was stored manually. The information will be retrieved from the archives and be shared later.

(b) Please refer to Annexure A for details of semen exported (2014-2021).

2. The following steps were taken:

• The Dorper Breeder Society has expressed interest in exporting sheep semen and embryos to the MERCOSUR member countries (Brazil, Argentina, Paraguay, Uruguay and Venezuela), with emphasis on Brazil and Argentina. DALRRD began negotiations for the export of ruminant semen and embryos in 2010 with Brazil and Argentina and there have been numerous exchanges of information over the years. In 2016, an agreed upon veterinary health certificate for ovine embryos was achieved with Brazil. In 2019, when South Africa experienced the Foot and Mouth Disease outbreak and lost our Office International de Epizooties (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.
• In April 2021, Argentina gave permission for one consignment of Dorper and Boer Goat genetic material to be imported using the previously agreed upon veterinary health certificate. This information was communicated with the export certifying state veterinarian, who confirmed that certification could be done. The consignment was exported.
• The Dorper Breed Society also expressed an interest in exporting semen and embryos to Australia. DALRRD completed the Foot and Mouth Disease (FMD) questionnaire and submitted it with our request for market access to the veterinary Authority of Australia. In July 2015, the Australian Veterinary Authority responded that South Africa’s request for market access was not a priority to them.
• There was also interest to export Dorper and 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.

(3) (a) (i) South Africa has agreed upon import and export protocols as follows:

Imports: bovine semen from Australia, Canada, Denmark, Finland, France, Hungary, Ireland, Italy, Namibia, New Zealand, Norway, the Netherlands, the UK and the USA. Import of bovine embryos from Canada, Ireland, Kenya, New Zealand and the USA. Import of ovine and caprine semen and embryos from Australia and New Zealand.

Exports: The majority of protocols South Africa had with countries were annulled when RSA lost its FMD free status in 2019. The DALRRD continues to negotiate for the reinstatement of these protocols offering equivalent measures such as compartments free of FMD and other diseases of concern.

South Africa has agreed upon protocols for the export of bovine embryos to Brazil and Argentina. DALRRD is in the process of negotiating an updated the protocol with Argentina, but exports may in the transition still take place.

(ii) The MERCOSUR (Argentina, Brazil, Paraguay, Uruguay and Venezuela) countries amended their protocols for ruminant semen and embryos in 2019, so the previously agreed upon protocols had lapsed.

3(b),(c),(d) DALRRD began renegotiating veterinary health certificates with Brazil and Argentina, according to the amended requirements set by MERCOSUR. However, the amended Scrapie requirements prevent South Africa from achieving the market for ovine and caprine semen and embryos, the surveillance for scrapie and traceability. The amended requirements have also excluded South Africa from achieving the market for bovine semen due to the Foot and Mouth Disease (FMD) requirements.

As explained above, South Africa is unable to meet the amended requirements and this was communicated to industry in December 2020. It was recommended that the Industry consider an Industry driven and funded Scrapie surveillance project according to the Office International de Epizooties (OIE) general surveillance and specific Scrapie requirements with due reference to the requirements for OIE self-declarations, as well as a split system that will ensure compliance to all other requirements. South Africa cannot meet the requirements for Scrapie and Foot and Mouth Disease.

(e) The Challenges were communicated, and it was recommended that the Industry consider an Industry driven and funded Scrapie surveillance project according to the OIE general surveillance and specific Scrapie requirements, with due reference to the requirements for OIE self-declarations, as well as a split system that will ensure compliance to all other requirements.

Reply:

The visits to the traditional leadership in the Eastern Cape are part and parcel of the ongoing departmental engagements with stakeholders on issues affecting the minerals and energy industries. As part of the stakeholder engagement process, the department continuously consult interested and affected parties including communities and civil societies.

 

Reply:

(a),(b),(c),(d),(e),(f) The indigenous/landrace breeds such the boergoat, dorper, dormer, Afrikaner, Nguni and Bonsmara cattle are declared as animals in terms of the Animal Improvement Act, 1998 (Act 62 of 1998). The measures in place to protect these indigenous landrace breeds is through declaration in terms of the Animal Improvement Act, 1998 (Act 62 of 1998). The declaration is to ensure that animals and other indigenous breeds including their wild relatives (farmed game) are declared so as to contribute to food security and agriculture in addition to ownership of these breeds by the Republic of South Africa.

Further protection of these indigenous landrace breeds also includes sustainable utilisation and conservation of these breeds at the different Livestock Development Centres (LDCs) at different provinces. Examples of these centres are Mara Research Station, which houses Bonsmara breed and Nguni ecotypes viz. Bapedi, Shangaan and Venda types, North West Livestock Improvement Centres i.e. Noyjons/Machavie, Kliekuil, Armoesvlagte which keeps Afrikaner, Nguni, Bonsmara breeds and indigenous goats.

The operations at the Agricultural Research Council (ARC) are also of value in terms of assisting with continuous research, development and technology transfer that enables supply of superior genetic material of indigenous genetic resources to support farmers and ensure sustainable utilization and ex- and in- situ conservation.

International Agreement/Treaty

At international level, the protection of these animals is in line with the United Nations (UN) Convention of Biological Diversity (CBD) to which South Africa is a signatory. CBD bestows sovereignty of these animals and their related genetic resources to the Republic. Intellectual property right is therefore vested in South Africa, which implies that rights of breeders and local communities/farmers that are custodians of most indigenous breeds are recognised. There is however no Material Transfer Agreement in place at the moment, but these animal records are maitained in South Africa on the national database, the Integrated Registration and Genetic Information System ( INTERGIS).

Export process

Export of these Indigenous/Landrace breeds and related genetic materials (embryo, semen, etc.) is executed in collaboration with the specified recognised breeds’ societies. This involves recommendation by the breeders’ society for export of animals including related genetic materials, but the final decision rests with the Registrar of the Animal Improvement Act, 1998 (Act 62 of 1998. The export process is also concluded on genetic merits of the animals, related pedigree that is recorded and traceable through the INTERGIS. It should be noted that no applications are processed without consultation with the relevant breeders’ societies. This ensures continued data recording and participation of these animal records on the INTERGIS even when these animals are in the recipeint countries.

Reply:

1) Yes, the following studies have been conducted in relation to coal:

Research Programme/Project	(i) Expected date of conclusion of phase	(ii) Status
(a) SANEDI
Cleaner Fossil Fuel	31 March 2022	In progress
(b) Council for Geoscience
Carbon Capture, Utilisation and Storage	2024	To be conducted in 2024
(c) MINTEK
Coal gasification	2020-present	In progress
Operability of the DC waste coal gasification concept	2015	Outputs incorporated in strategic programme
Techno-economic evaluation of the DC arc plasma coal gasifier	2011	Outputs incorporated in strategic programme
Feasibility of Producing Hydrogen in DC arc Furnace	2009	Outputs incorporated in strategic programme
Coal solubilisation	2004	The project was not successful as the conversion of the coal to methane could not be controlled and the coal was instead converted to biomass and carbon dioxide.
Biogas from coal	2019	Issue with the quality of the gas produced and the economic viability of the process
Microbial desulphurisation of coal	1995	Process technically successful, economic viability an issue
Reuse of treated mine-impacted water as a potential resource for accelerated carbon sequestration	2020-present	In progress – concept being validated
CO2 Capture and Utilisation	2019/2020	At concept stage

2) Yes but most of these studies are available online. either on the websites of SOEs or from the document database on request. Any which is not in the public domain they can be released for sharing at the Minister’s discretion.

3) The clean coal technology as a scientific intervention is not new – the Norwegians started a pilot in 1986, followed by a number of other jurisdictions that have tested the technology, including the USA, UK, Italy, Netherlands and Australia amongst others. The basis of science has therefore been established and is a subject of refinement to the South African context by the CGS, as an implementing agent for the partnership of the South African Government with the World Bank. As a responsible state, it is our social and environmental responsibility to allow critical decisions to be premised essentially on scientific and technical basis. However, the afore mentioned studies are all of a sound scientific basis and one needs to consider energy security and its impact on the South African economy. South African coal reserves are adequate to meet the targets outlined in the IRP 2019 and the Paris Agreement talks to the country’s commitment to lowering emissions from an economy that will still be using coal towards a net zero by 2050.

4) The Department is consulting experts in the sector and within its resources.

 

Reply:

Neither the Minister nor the Department of Public Enterprises received the correspondence referred hereto.

(a)(b)(c) not applicable.

Reply:

According to the information received from Transnet

A Task Team comprising officials from Transnet National Ports Authority (TNPA), the South African Maritime Safety Authority (SAMSA), South African International Maritime Institute (SAIMI) and the Gauteng Department of Education (GDE) has conceptualised a programme on maritime schools.

In 2019, a secondary school in Sedibeng Municipality – Sharpeville in Vereeniging was converted into a maritime school, renamed Mohloli Maritime School. Two (2) maritime subjects were introduced, with the aim of introducing key aspects of the blue economy to the educators and learners.

Between 2018 and 2019, further preparatory work was done with other schools in Gauteng, Western Cape, Eastern Cape and KwaZulu-Natal. TNPA and SAMSA participated in several engagements organised by the GDE to map out the process and progress on reorganising the remaining schools in the six (6) identified corridors.

TNPA has also launched several initiatives which culminated in a programme where a group of grade eleven (11) and twelve (12) boys from these schools are invited to TNPA under the theme, “Tomorrow’s men - Bring a Boy Child to work” in parallel with the “Take a Girl Child to Work Day”, to create awareness and exposure to the maritime environment where the learners are engaged and introduced to career possibilities in the maritime sectors.

The Maritime School of Excellence (MSoE) conducts roadshows to create awareness on career opportunities in the maritime sector. Furthermore, to encourage learners to meet the requirements to study maritime-related subjects while schools are in the process of being converted, the Port of Durban has donated a science laboratory to Ndukwenhle High School and Smart Boards to Seven (7) adopted Schools in the South Durban Basin.

Reply:

a) There are two processes in the Department that deal with status of visas awarded to foreign nationals to work in the Republic. The first process is ongoing and is handled by Counter-corruption branch of the Department. The branch benefits a lot from tip-offs by members of the public

The second process is that in February last year, after learning how Bushiri obtained his documents to be in the country, I set up a team headed by the former DG in the President’s office, Dr Cassius Lubisi to review all the permits issued by the Department since 2004. These includes work visas.

b) Apart from the Counter-Corruption Unit, Home Affairs also has an inspectorate unit that investigates, detect and open cases or withdraw documents that were acquired irregularly or illegally. Transgressors are then deported.

END

Reply:

In response to questions 1(a) and 3:

Serious allegations of misconduct have been levelled against the board member, and I have been requested to consider exercising the powers afforded to me under section 9(1)(c) of the National Nuclear Regulator Act, Act no. 47 of 1999. The board member has been afforded an opportunity to fully respond to these allegations, which opportunity he has accepted. It would therefore be, at this time, premature and inappropriate to comment further on this matter.

In response to questions 1(b) and 2

The NNR has advised me that it is factually incorrect that the steam generator replacement approval was issued by the Technical Committee of the NNR board. Instead, the steam generator replacement approval is an operational decision concerning plant modification, which is not within the remit of the Technical Committee or the NNR board. The steam generator replacement approval was accordingly issued by the NNR Programme Manager responsible for Nuclear Power Plants on 18 January 2022, which was a day before the Technical Committee meeting.

The NNR has further advised me that the Technical Committee meeting of 19 January 2022 was properly constituted and quorate in accordance with the provisions of the National Nuclear Regulator Act, Act no. 47 of 1999.

Reply:

Currently, it is still members of the South African National Defence Force (SANDF) who patrol our national borderline. Working with members of the South African Police Services (SAPS), the SANDF has put measures in place, to prevent either hijacked and/or stolen cars from crossing our borders. In this regard, the modus operandi and the escape routes of the car hijacking syndicates have been identified. They mostly include our eastern border between Kwazulu-Natal and Mozambique and the norther border between Limpopo and Zimbabwe. As a result, the military officers are statically deployed for 24 hours in those identified areas in order to intercept and thwart the activities of the syndicates.

As for the immediate future, it should be noted that the Border Management Authority issued a public advertisement to recruit 200 patriotic Border Guards who will be deployed in these vulnerable segments of the borderline to augment the work of the SANDF officers. In this regard, the Border Guards will be statically deployed for 24 hours in the identified vulnerable segments and this would allow members of the SANDF to freely apply their high mobility deployment strategy for countering any illegal syndicated activities, including the undue expatriation of our stolen vehicles. In addition, the BMA has started engagements with our immediate neighbours through the Joint Technical Committees to devise strategies to jointly address these inter-jurisdictional crimes.

END

Reply:

The contracted network service level agreement with SITA is for a bronze service level agreement that should provide 95% service availability, where by if the systems are down it must be resolved within 16 hours. Unfortunately, there are times when the resolutions of systems that are down takes SITA up to 3-5 days to resolve. This means that even under the low level of bronze we are not necessary getting what we signed for. It is true that SITA argued that we need to move to gold. Our question is if even the low bronze standard can’t be met at that low level, how will a gold standard at a higher level be met.

In order to answer this question, the Department and SITA undertook to conduct a proof of concept (POC) on the Gold Service Level Agreement in five selected offices in order to determine if the move to a higher SLA will lead to an improved network connectivity in those office. The outcome of the proof of concept is awaited and will determine if it was a success or not.

END

Reply:

1. The settlement agreement reached between Government, Alexkor and the Richtersveld Community comprised of the following obligations:

• Transferral and restoration of portions of land by the State and Alexkor to the Richtersveld Community.
• The transfer of Alexkor’s land mining rights to Richtersveld Mining Company and the setting up of Alexkor RMC PSJV. The State through Alexkor would capitalise the Alexkor RMC PSJV with R200 million in order to restore mining operations.
• The transfer of Alexkor’s mariculture and agricultural assets to the Richtersveld Agricultural Holdings.
• A sum of R190 million to be paid as reparation to the Richtersveld Investment Holding Company (RIHC) over three years.
• R50 million development grant to be paid as a lump sum development grant to the RIHC for agriculture and mariculture.
• R45 million to be paid to the Richtersveld Property Holding Company (RHPC) as compensation for Alexkor’s occupation on transferred residential properties for ten years.
• The establishment of a township at Alexander Bay including the upgrade of the municipal infrastructure to be handed over to the Richtersveld municipality.

• Environmental rehabilitation of historical mining areas.

Only R200 million was provided to the Alexkor Richtersveld Mining Company Pooling and Sharing Joint Venture (PSJV) as recapitalization loan to resuscitate the diamond operations following the protracted legal proceedings.

R200 million is a loan and is repayable, to date the PSJV has made payment of R14 million.

2. The PSJV is an unincorporated entity and does not qualify as a national public entity or a national government business enterprise based on the definition of the two by the PFMA namely the PSJV is not juristic entity nor under the ownership control of the national executive.

Given that the PSJV is not a public entity that it could not be listed in either Schedule 2 or 3 of the PFMA. Section 3 of the PFMA provides that the PFMA applies to departments, public entities listed in Schedule 2 or 3, and constitutional institutions. The PSJV is none of these and the PFMA does not apply to the PSJV itself in its own name.

3. Despite the PJSV not being subjected to the PFMA by virtue of its arrangement, the department referred the matters of financial misconduct, corruption and mismanagement to the Special Investing Unit (SIU). On 10 December 2021, the President Cyril Ramaphosa signed the proclamation authorizing SIU to investigate affairs of Alexkor SOC which extend to the PSJV.

Reply:

The law has always allowed for municipalities to procure their own power. As the DMRE, we have gone further and clarified requirements and process for municipalities to obtain the necessary Section 34 Ministerial Determinations.

Reply:

a) Since 29 May 2019 no new vehicles were purchased for the (i) Minister and the (ii) Deputy Minister.

b) N/A

c) N/A

d) N/A

e) N/A

Reply:

The main reason for network downtime in Benoni was due to power issues within the local SITA switching centre (Bedfordview) which provides local connectivity for other offices such as Edenvale (which has a backup connection independent of Bedfordview switching centre), Alberton, and Germiston. The current priority is to upgrade 133 single data line front offices that are running on 1MB DIGINET to a 2MB Microwave/Fibre link (with LTE being used as an interim solution) from the limited funds – a reprioritisation of funds is being undertaken through consolidation of IT contracts.

END

 

Reply:

Teenage mothers of new-born babies are able to register the birth of their children under their names with the assistance of the biological parents or informants who should accompany them. At the Home Affairs front offices, the informant will be required to verify with their biometrics to confirm their identity and the online verification printout will be attached to the birth registration record for future confirmation of birth registration in the presence of an adult brought in by the teenage mother as a next of kin.

END

 

Reply:

1. Total number of funded vacant post that have been filled from 01 April 2021 to 31 January 2022: 62

2. The high level of staff shortages have resulted from continuous budget cuts announced by National Treasury, and the Department needed to introduce cost-containment measures under its Compensation of Employees (COE) budgetary allocation, to taper its expenditure to fall within the directed budget ceilings. One of these measures, has been the periodic introduction of moratoriums on the filling of posts which have been necessitated, save for the filling of the most critical posts prioritized by the Department.

END

Reply:

1. (a) The Mabopane train station has been built prior to 1980, with the ownership falling under the South African Railway and Harbours Administration (SAR&H). During all the changes in administration, the land ownership has changed as set below.

The station comprises of two interlinked terminals: the railway terminal and the bus terminal. The railway terminal is located on land owned by PRASA and the bus terminal, at the time of construction, was locate on three land parcels:

(1) Portion 3 of Farm Rietgat No 611–JR

(2) Remainder of Farm Boekenhoutfontein No 236–JR

(3) Portion 266 of Farm Rietgat No 611–JR

Land parcel (1), was owned by the State and fell under the jurisdiction of Department of Land Affairs. The Department of Land Affairs agreed to donate this property to the South Africa Rail Commuter Corporation (SARCC, currently PRASA). A recommendation to dispose the property was done in 2006 and was approved by the Minister of Land Affairs. National Treasury also granted approval to donate the land parcel to PRASA on 16 May 2007. The State Attorney was appointed to effect the transfer. To date, the transfer has not taken place, however, the State Attorney’s office is reopening the case and will complete the transaction.

In April 2000, Land parcel (2) and (3) were consolidated into a single property known as Farm Mabopane No 702–JR and registered via title deed T73872/2012 in favour of City of Tshwane Metropolitan Municipality (City of Tshwane). According to the Department of Land Affairs, the City of Tshwane had agreed in principle to transfer the portion of land, on which the bus station is located, to PRASA.

In 2008, City of Tshwane transferred the remainder of Farm Mabopane No 702–JR, to Tutuni Investments 31 PTY LTD, No 2008/002145/07.

In 2012, Farm Mabopane No 702–JR, was subdivided to create portions 44 – 58. These newly created portions were registered in favour of various owners. On 28 September 2012, the remainder of the Farm reverted to the City of Tshwane via Title Deed T73872/2012.

Portion 52, which included the portion on which the bus terminal is constructed on, was surveyed via SG Diagram No 2683/2012 by Mr G Pettit (Professional Land Surveyor, PLS0913) and registered in favour of Tutuni Investments 31 PTY LTD, No 2008/002145/07 on 22 August 2012. Less than a month later, on 10 September 2012, the property was endorsed in favour of Permacorp Investments PTY LTD, No 2011/118721/07.

It needs to be noted that:

• The survey created a property cutting through a building, and
• Both transactions, registration of the remainder of Farm Mabopane No 702–JR and the portion 52 were handled by the same attorneys Maponya Incorporated.

(b) Portion 3 of Farm Rietgat No 611–JR (donation to PRASA) is with the State Attorney who was appointed to effect the transfer.

The ownership of a portion of Portion 52, on which the station is situated, is still in private ownership after having been transferred by the City of Tshwane in 2008, as stated above. The City of Tshwane committed that they would assist with resolving the issue around the land they sold but has not yet done so. The land must be urgently acquired, either through negotiations or expropriation.

2. (a), (b) and (c)

Project planning for the improvement and upgrade of Mabopane Station commenced during 2013/14. The zoning and land ownership issues was known by PRASA and the City of Tshwane. As the building was in existence and only to be upgraded, the construction team, relied on the provision of subsection 4 of the National Building Regulations and Building Standard Act 103 of 1997 which prescribes that:

“…in respect of any building to be erected by or on behalf of the State, such plans, specifications and certificate as may be prescribed by national building regulation, shall before the commencement of such erection be lodged with the local authority in question for its information and comment”.

Construction work therefore commenced on the basis of subsection 4 as set out above and no building plans were lodged for approval.

However, in 2018, PRASA lodged building plans for the Mabopane Concourse with the City of Tshwane to be considered and/or approved. Following submission of the plans, several meetings were held with the City of Tshwane’s Planning Department and the latter eventually communicated on 27 September 2019 that:

• the plans submitted to City of Tshwane’s Planning Department by PRASA cannot be supported,
• the Occupation Certificate cannot be issued due to the Station Precinct, stretching over a number of erven (Erf 611/43, Rietgat and the remaining extend of portion 3 and 52 of Rietgat) and
• the land parcels and rights is not supporting the current use.

3. There is currently a security contracts in place on the Mabopane – Pretoria corridor. Personnel has been deployed compromising of both PRASA internal security and those sourced through private security companies. To date, there has been no vandalism or crime incidents reported since the deployments.

4. PRASA has deployed 160 permanently employed security officers on the corridor. The private security contract expires in September 2022.

 

Reply:

1) The Department of Basic Education is committed to creating an enabling registration process to facilitate the registration of more ECD programmes. To this end, the Department of Basic Education has conducted the ECD Census to determine the number of unregistered ECD programmes, and to identify areas that may require additional registration support. The Department has also held a broad stakeholder engagement session on 30 November 2021 to better understand the challenges in the registration process. It is recognised that there is a multitude of challenges facing ECD programmes in the registration process, and the Department has been working alongside the Department of Social Development in the Second Children’s Amendment Bill to, among other things, address some of the challenges which arise from the legislation, regulations, norms and standards. Similarly, the Department is in the process of ensuring that an online registration capturing system is in place to streamline the back-end processes related to registration. Finally, the Department has also partnered with organisations in the sector on a research study to better understand the current barriers to registration emanating from the current norms and standards. This research will enable the Department to come up with a more developmentally appropriate approach to ECD registration.

2) The Government Handbook on Function Transfers clearly stipulates that the principle to be followed in a function shift is that resources follow function. That means that all resources (human, financial and capital) that are connected to a function, need to be transferred from the relinquishing department to the receiving department. As guided by the Department of Public Service & Administration and the National Treasury, the DBE and DSD have followed this principle closely. In the financial year following the function shift, the same resources that have been devoted to ECD by the DSD will be devoted to ECD in the DBE. That being said, the Department has had multiple meetings with the National Treasury to seek additional funding for ECD, where National Treasury has committed that they have included ECD as a top priority in subsequent years. The Department will be working very closely with the National Treasury in the 2022/23 financial year, to build a business case for additional funding. This business case will build on the evidence collected through the ECD Census, the Thrive by Five Index and the Public Expenditure and Institutional Review.

3) No additional budget was allocated to the ECD function shift during the 2021/22 financial year, given that the function shift is an administrative process. Projects aimed at future improvements to the ECD function were undertaken through partnerships with key donor organisations.

Reply:

(1) In terms of section 139 of the Firearms Control Act, 2000 (Act No. 60 of 2000), an amnesty may be declared by the Minister of police if the amnesty may result in the reduction of thr number of illegally possessed firearms and it is in the public interest to do so. A firearm amnesty is therefore the prerogative of the Minister of Police.

(2) Section 24, read with section 28, of the Firearms Control Act, does not provide for an expired licence to be renewed.


Reply to question 7 recommended


GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 22-02-28

Reply to question 7 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 2022-02-2022
 

Reply:

(a) At the inception of Sanitation Appropriate for Education (SAFE) Initiative, Provincial Departments of Education identified schools dependent on basic pit toilets.

• A total of 3898 schools were identified at the time.
• Subsequent to that, some schools were closed as part of rationalisation and the sanitation at some schools were addressed under other programmes.
• At present, there are 2814 schoosl on the SAFE programme.
• Of these 2814 schools, the upgrading of sanitation has been completed at 1564 schools.
• The balance of the schools are scheduled for completion by the end of 2022/23..

(b)The Department of Basic Education is currently engaging with Provinces to establish whether such Provinces became aware of additional schools dependent on basic pit toilets.  Early indications are that there are some additional schools in Eastern Cape, KwaZulu-Natal and Limpopo.

Reply:

The question has been referred to the Mpumalanga Department of Education and a response will be submitted as soon as it is received.

Reply:

Attached find here: Reply

Reply:

The office of the Minister did not receive the correspondence referred hereto. There is nothing to be brought to attention of the Minister as the correspondence is non-existent

Reply to question 165 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 01/03/2022

Reply:

 

The South African Police Service (SAPS) does not escort the money wagons of private security companies

Reply to question 278 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2022-02-28

MINISTEROF POLICE
GENERAL BH CELE
Date: 01/03/2022

Reply:

In terms of section 64E of the South African Police Service (SAPS) Act, 1995 (Act No 68 of 1995), the functions of a municipal police service are traffic policing, the policing of municipal by-laws and regulations, which are the responsibility of the relevant municipality and the prevention of crime. A municipal police service does not have the legislative mandate to conduct criminal investigations or to gather intelligence.

Reply to question 1 recommended


GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 22-02-28

Reply to question 1 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 2022-02-2022
 

Reply:

(1)(a)(i)((ii), (b), (c),(d) 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. 

(3) The Minister does not have plans to conduct an oversight visit to Helen Franz Special School. However, the Minister will, after assessing the information provided by the Limpopo Department of Education, request the Member of Executive Council (MEC) and the Head of Department (HoD) to address any issues identified.

Reply:

The question has been referred to the Western Cape Department of Education and a response will be provided as soon as it is received.

Reply:

1) It needs to be understood that the application of the Protection of Personal Information Act (POPI), Act 4 of 2013, in its current context, is new and there are no settled interpretations to some of the clauses in the Act.  The Department therefore, consulted extensively on this matter, specifically with regard to whether the examination numbers of candidates constitutes the personal information of the learner, before a decision could be made.  Besides the legal advice that was sought on this matter, the DBE also engaged the Information Regulator on this matter, both in writing and in meetings. 

The DBE was reminded by the Regulator that the Department could be penalised if found to be violating the prescripts of the POPI Act.  Therefore, the DBE adopted the cautious approach not to publish the results of the 2021 candidates in the media, and use this year to investigate this matter more thoroughly and extensively, to ensure a more considered and fully explored option is implemented for the Class of 2022.  This position was adopted in consideration that no candidate would be disadvantaged, given that the complete results of the candidates were available at the school, on the morning of the release under supervised conditions, and also the results were available on the DBE website.          

(2) There was certainly no embarrassment to the Department, given the fact that this matter was open to different legal interpretations.  We therefore, had no issue in complying with the order of the court.  In terms of future years, through the learner application forms, we will obtain from each Grade 12 learner and their parents, their individual consent with regard to the publication of their results in the media at the end of this year.     

Reply:

The question has been referred to the KZN Department of Education and a response will be provided as soon as it is received. 

Reply:

 

1. Already the steps to be taken have been submitted to the Presidency
   (a) things like training more police
   (b) bills- co-ordination of structures working on this environment
   (c) Improving relationship between communities and police especially at station level.
2. While the damage above is well acknowledged and regretted, the President has accepted the collective responsibility of Cabinet of which I am the member

Reply to question 410 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 01/03/2022

Reply:

No, currently there are no plans to build a police station, in Gastrow, Gordon’s Bay, as it does not form part of the Top Ten priorities of police stations to be constructed between 2022/2022 and 2025/2026, in the Western Cape Province.
 

1. Not applicable
2. (i)(ii)(iii) Not applicable

Reply to question 364 recommended

 

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SREVICE
KJSITOLE (SOEG)
Date: 2022-02-28

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 01-03-2022

Reply:

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Reply:

The DBE has collated the information from the nine Provincial Education Departments (PEDs) in terms of the vacancies at both the provincial head office level and at the district level, together with the DBE, and the table below provides the summary:

Province	Head Office	District
Eastern Cape	36	67
Free State	5	10
Gauteng	43	5
KwaZulu Natal	72	174
Limpopo	8	10
Mpumalanga	13	14
Northern Cape	33	12
North West	15	3
Western Cape	44	2
DBE	11
Total	280	297

 These vacancies exist across the following functions:

(a) Printing, packing, distribution  and storage of question papers.

(b) Monitoring of the writing.

(c) Marking 

(d) Data Capture

(e) Certification

(f) School Based Assessment

(g) System Administration

(h) General administrative responsibilities

PEDs have appointed staff on contract basis and utilised staff from other Units to assist with the examination functions, so as to ensure that the examination functions are not compromised. 

Reply:

(a) The table below shows the vacancy rate for teachers (Post Level 1) in each province in terms of the latest available information which is at the end of December 2021.

PROVINCE	All PL1 Teachers	Number of PL1 vacancies	Vacancy rate
EASTERN CAPE	44 054	4 777	10.8%
FREE STATE	17 172	121	0.7%
GAUTENG	54 863	87	0.2%
KWAZULU/NATAL	72 037	2 237	3.1%
LIMPOPO PROVINCE	40 828	3 219	7.9%
MPUMALANGA	26 850	74	0.3%
NORTHERN CAPE	7 236	23	0.3%
NORTH WEST	21 786	89	0.4%
WESTERN CAPE	25 712	40	0.2%
Grand Total	310 538	10 667	3.4%

Source: Persal, December 2021

(b) There is currently no national policy/norms to create posts for teacher assistants. 

(c)The table below shows the vacancy rate for principals (Post Level 1) in each province in terms of the latest available information which is at the end of December 2021.

PROVINCE	Number of Principal Post	Number of Principal vacancies	Vacancy rate
EASTERN CAPE	5 190	1 032	20%
FREE STATE	1 069	55	5%
GAUTENG	2 215	355	16%
KWAZULU/NATAL	5 882	1 457	25%
LIMPOPO PROVINCE	3 732	850	23%
MPUMALANGA	1 676	325	19%
NORTHERN CAPE	556	108	19%
NORTH WEST	1 487	271	18%
WESTERN CAPE	1 525	334	22%
Grand Total	23 332	4 787	21%

Source: PERSAL December 2021 

Reply:

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Reply:

A total number of 19 persons were arrested and three persons were prosecuted during the violent looting that occurred in KwaZulu-Natal, in July 2021, where schools were affected.

No person were arrested and prosecuted during the violent looting that occurred in Gauteng, in July 2021, where schools were affected.

Reply to question 336 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2022-02-28

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 01/03/2022

Reply:

The required information is not readily available and the request must be forwarded to the Provincial Commissioners to verify the information . A request is made for an extension for 14 days in order to respond

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Reply:

(a) (b) (c) 

The Department of Basic Education is not aware of the correspondence referred to. 

Reply:

The total cost for fuel, tyres, oil and repairs for the official vehicles from May 2019 to December 2021 is R 1 035 615.32.

The cost for E toll from May 2019 to October 2021 is R47 500.00.

The total cost for fuel, tyres, oil, repairs and toll fees is R1 083 115.32.

Reply:

Educators Recruitment Database is one of several sources of supply for the recruitment of educators. The Department provides the database as a service to districts and schools to access as one of the sources of supply to widen the pool of potential recruits to a national level. The Department does not actively manage the database as a placement service and therefore does not keep record of recruitment and actual placement from the database.

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