Reply:

According to the information received from Eskom

(a) Eskom appoints contract managers with delegation, after contract award and upon confirmation that the individual has the necessary pre-requisite training as prescribed in the Procurement Procedure. Eskom has an approved Contract Management Competency Development Program, that is run with the Eskom Academy of Learning.

In compliance with the National Treasury regulations and other legislative prescripts, Eskom has its approved Procurement Plans which serve as the basis for monitoring expiring contracts in accordance with project plans. Monthly reports on Procurement Plans provide the status of each contract and flags contracts expiring, thus enabling the business to commence with the procurement process of replacing/placing new contracts in advance.

Guided by the Eskom Procurement and Supply chain Management procedure, various

procurement mechanisms are applied when acquiring the services of contractors depending on the nature of the service or product. The mechanisms include inter alia Open tender, Closed tender, Single/sole source, Urgent and Emergency procurement as well as Informal tendering. In instances where the confined market/tendering mechanisms (i.e. Closed tender, Sole/Single source) must be applied, approval is sought from National Treasury prior to commencement with the procurement process.

(b)(i) As at 1 November 2021 there 4547 active contracts at Eskom. Annexure A provides the number of contracts by plant code i.e. Divisional plant/operating unit/grid area.

(b)(ii)Eskom does not have readily available reports with description for each of the 4547 contracts.

However, contracts across the business will vary, for example, Eskom Distribution will mainly have electrification, operations, and maintenance, vending and asset creation contracts.

1. Of the 4547 active contracts:

• • 537 of these contracts have an expiry date between 0 and 3 months.
  • 1094 of these contracts have an expiry date between 0 and 6 months.
  • 1920 of these contracts have an expiry date between 0 and 12 months; and
  • 2627 after 12 months.

1. Eskom does not have consolidated records of contractors who did not adhere to the specifications. Defects are dealt with through contractual remedies in accordance with the specific contract, as explained in (e)(i) below.

(e)(i) When Eskom enters into a contractual agreement with a contractor a performance evaluation criteria forms part of the agreement, against which the contractor’s performance is measured. Should the contractor not deliver according to the agreement, the contractor is given an opportunity to correct.

Non-conformance is addressed within the provisions of the contract via the Non- Conformance Request (“NCR’s”) process. When an NCR is raised, consultations take place with the contractor and if an agreement is reached the NCR is either closed (i.e. satisfactorily rectified) or voided/withdrawn (no longer regarded as a NCR). An NCR will remain open until it is resolved or rectified. In cases where there is failure to rectify, a dispute is raised, and contractual dispute processes are followed.

(e)(ii) The names of contractors who did not adhere to the specifications will not be disclosed as the information is commercially sensitive and may compromise the resolution and rectification initiatives. Further, the confidentiality provisions of the contracts must be followed in order to release contractual information.

Reply:

According to the information received from Transnet:

REPLY TO NA PARLIAMENTARY QUESTION No. 2329
Question No.	Question	Response
1	What (a) (i) is the total number of private logistics companies contracted to provide transport services for Manganese Ore to the port of Port Elizabeth?	Total No: 4
	What (a) (ii) volume of manganese ore is transported by road?	Volume: Year:18/19: 500 000 Tonnes Year: 19/20: 2,100 000 Tonnes Year: 20/21: 3,500 000 Tonnes
	What (b) are the details of the logistics companies transporting manganese ore including the total number of trucks used by each company?	Name of Company	Number of trucks used
		Tradekor Autoforce Black Magic Nexus	1) 200 2) 100 3) 150 4) 120
	What (c) is the total value of the contracts for transporting manganese ore by road?	R 5 100 000(incl. Vat)
	and what (d) is the frequency rate of trucks arriving with manganese ore in the port of Port Elizabeth for each financial year since 1 April 2015?	April 2015: 30 - 50 Truck per day April 2016: 30 - 50 Truck per day April 2017: 30 - 50 Truck per day April 2018: 30 - 50 Truck per day April 2019: 30 - 50 Truck per day April 2020: 10 - 15 Truck per day April 2021: 10 - 15 Truck per day
2	What is the (a) total number of trains used to transport manganese ore to the port of Port Elizabeth?	Total No: 1 187 trains (2020/21) COVID-19 pandemic reduced capacity. + 1400 trains (2019/20) Capacity restricted due to current rail infrastructure. Plans underway to increase capacity
	What is the (b) volume of manganese ore that is transported by rail?	Volume: 7 776 861 tons (2020/21) COVID-19 pandemic reduced capacity + 9 200 000 tons (2019/20) Capacity restricted due to current rail infrastructure. Plans underway to increase capacity
	What is the (c) frequency of trains arriving with manganese ore in Port Elizabeth?	Frequency: 4/5 trains daily carrying 6552 tons per train

and what is the (d) total cost to the department (Transnet not the department) of transporting manganese ore by rail to the port of Port Elizabeth for each financial year since 1 April 2015?

April 2015: R 942 694 147 (Excl. Vat) April 2016: R 1 258 868 403 April 2017: R 1 333 216 868 April 2018: R 1 466 192 336 April 2019: R 1 757 581 402 April 2020: R 2 478 138 165 April 2021: R 2 547 559 998

Reply:

Although the National Prosecuting Authority (NPA) has conducted prosecutions of various cases relating to South African Social Security Agency (SASSA) grants, it is only Gauteng (South Gauteng/Johannesburg), Kwa-Zulu Natal and the Eastern Cape (Mthatha) that have dealt with cases relating to the abuse of the SASSA Child Support Grants since January 2015.

(1) (a) Number of cases referred for trial
Eastern Cape (Mthatha)	23
Kwa-Zulu Natal	22
Gauteng (Johannesburg)	2

(b) Number of convictions regarding specified offences
Eastern Cape (Mthatha)	19
Kwa-Zulu Natal	4
Gauteng (Johannesburg)	0

(2) Penalties attached to convictions attained
Mthatha	The various accused persons were convicted of contravening the provisions of the Transkei Penal Code, relating to fraudulent and/ or theft of child support grant. Sentences imposed range as follows: Direct terms of imprisonment (6 years and 8 years direct imprisonment terms); Wholly suspended sentences, whereby the Courts in some cases ordered the accused to pay back amounts defrauded/ stolen; term of imprisonment in terms of section 276 1(i) of CPA (correctional supervision); term of imprisonment with an option to compensate the complainant.
KwaZulu-Natal	The various accused were convicted of fraud.

(2) Penalties attached to convictions attained
	Sentences imposed were direct terms of imprisonment (3 years and 5 years direct imprisonment terms)
Gauteng (Johannesburg)	The cases have not yet been finalised in court

(3) Total number of cases currently in court
Mthatha	4
Kwa-Zulu Natal	15
Gauteng (Johannesburg)	1 It should be noted that charges were provisionally withdrawn in respect of the second matter, pending finalisation of criminal investigations.

Reply:

(1)(a)(ii)

(1)(b)(i)(aa)(bb)(ii)

NW3248E

The nature of the contract is the supply, printing and distribution of printed firearm licence and related cards.

The value of the contract was R62 314 716,76. The contract was signed, on 10 November 2017 and explored, on 9 November 2020. It was extended, from 9 November 2020 to 9 May 2021 and further extended, until B November 2021. Currently, there is no valid contract in place. Approval was granted for the Government Printing Works {GPW) to continue printing firearm licence cards, on a once-oP quotation basis, until 30 November 2021. An application, for an additional three month extension period, has been submitted and is awaiting approval. A contract will be in place, once the internal processes have been finalised.

The number of firearm licences that have been printed in each quarter in the 2019-2020 and 2020-2021 financial years and since 1 April 2021, is reflecte‹I in the table below.

2

Quarter Month	2019/2020	2020/2021	Z021/2022 /1 April 2021 to 7 December 202f]
Quarter 1 January February March	23 107	The GPW was c/osad, due to COVID-19.	7 468
	12 723 13 030		24 124
			35 830
Quarter 2	14 334	29 170	8 852
April May June	"17 610	12 652 "”	26 982 13 340
	11 959	11 557
Quarter 3 October November December	13 557	8 826	20 246
		13 598	10 187	" 6 403
		8 369	15 579	29 196
Quarter 4 January February March	13 382	4 464
Total	10 895	22 118

(2) There have been no known contractual disputes between the South African Police Service (SAPS) and the GPW, which negatively affected the printing of licences. The GPW is printing firearm licence cards, on behalf of the SAPS.

Reply to question 2733 recommended

(SOE)

Reply to question 2733 approved/ 

DATE:2021/12/30

GENERAL AFRICAN POLICE SERVICE

Reply:

Private security companies form part of the multidisciplinary operational approach, which was adopted for the tracking and tracing of kidnappers and the rescuing of victims, in collaboration with the South African Police Service (SAPS).

Families of a kidnapped victim will typically approach a private security company of their choice, who in turn, according to the investigative procedures will be the mediator between the Joint Operational Centre (JOC) and the family of the victim. They are referred to as partners or stakeholders and collaboration is not limited to kidnappings but can include all other categories of crimes, which are problematic.

There is currently no reported case or incident where private security companies were involved in the commission of such a crime, identified as an accomplice or an accessory after the fact.

Members of the SAPS and other law enforcement agencies have been arrested in the following cases:

• Pretoria West, CAS 280/01/2021: Two City of Tshwane Metropolitan Police officials were arrested. The matter has been provisionally withdrawn, pending the tracking and tracing of the complainant.

. 2

Johannesburg Central, CAS 1054/02/2019: Nine suspects were arrested, of which two are members of the SAPS. The case has been set for trial arrangement, on 15 January 2022.

• Parkview CAS 142/08/2019, Bramley CAS 182/01/2020 and Rosebank CAS 61/02/2020: Five suspects were arrested, of which two are members of the SAPS. The same suspects were arrested in all three abovementioned cases and the case will be heard, in February 2022, for trial.

Reply to question 2792 recommended/

SOUTH AFRICAN AFRICAN POLICE SERVICE

Date: 2021/12/30

GENERAL BHEKI CELE

Reply to question 2792 approved/red

MINISTER POLICE 

GENERAL BHEKI CELE

Reply:

According to the information received from Transnet

(1)

Manganese Tonnes Financial Year	Port of Port Elizabeth Million Tonnes	Port of Ngqura Million Tonnes
2015/16	6 139 602 Mt	0
2016/17	7 446 310 Mt	0
2017/18	8 979 026 Mt	0
2018/19	9 100 464 Mt	984 901
2019/20	9 397 272 Mt	1 770 486 Mt
2020/21	8 347 956 Mt	2 918 683 Mt

(2) (a) The Bulk Ore Terminal at Port of Port Elizabeth will cease to operate at the end of the 2026/27 financial year. The Decommissioning application process to the Department of Environment, Forestry and Fisheries for a Record of Decision will commence in the financial year

2024/25. The Decommissioning will start in 2027/28 thereafter a remediation process will take place. The entire process takes place within a period of 4 years.

(b) The Ngqura Manganese Ore Terminal will be commissioned by January 2026 in a phased manner, until the Port of PE Ore Terminal is phased out in March 2027.

Reply:

1. Mr KE Mahoai and Mr C Ramashau

1. Director-General and Chief Financial Officer (c) 10/02/2021 and 01/03/2021

(d) Both Officials were dismissed after due processes were followed. Mr Mahoai was dismissed on 04 September 2021. Mr Ramashau was dismissed on 01 October 2021.

1

Reply:

1. A total number of convicted sex offenders registered on the National Register for Sex Offenders (NRSO) in each province in the periods indicated on the question is as follows:

Table 1: The NRSO Active Cases from 1 January 2017 to 15 November 2021 per province as at 7 December 2021

Name of Province	Years Conviction Registered on the NRSO	Grand Total
	1 Jan to 31 Dec 2017	1 Jan to 31 Dec 2018	1 Jan to 31 Dec 2019	1 Jan to 31 Dec 2020	1 Jan to 15 Nov 2021
Eastern Cape	173	57	220	19	09	478
Free State	133	108	134	28	19	422
Gauteng	101	38	69	38	37	283
Kwazulu- Natal	157	157	186	110	30	640
Limpopo	46	55	68	37	18	224
Mpumalanga	44	83	107	17	01	252
North West	44	87	53	02	11	197
Northern Cape	20	08	22	07	09	66
Western Cape	130	194	161	37	39	561
GRAND TOTAL	848	787	1 020	295	173	3 123

It must be noted that the data sets kept in the Register constantly vary due to the day-to-day activities made in the Register, which include entries and removals of

particulars of sex offenders. As permitted by section 51 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, certain registered offenders do apply to the Registrar to have their particulars removed from the Register. After consideration by the Registrar, some of these applications become successful and this results in constant changes in the total number of sex offenders registered on the Register.

1. (i) With regard to the total number of applications received through Form 8 in each province, it is important to first note that the Department commenced with the issuing of clearance certificates in September 2019, and will therefore be unable to provide data sets prior to this date. The delayed issuing of certificates was due to the long process of developing the electronic Register, as prescribed by the Act, and also building the system’s integration internally. It was a process necessary to address challenges relating to data contamination, whilst building a system that preserves data integrity.

Form 8 prescribed by the Regulations on National Register for Sex Offenders relates to applications for certificates by person/licensing authority/relevant authority in respect of particulars of another. The spectrum of these applicants, therefore, includes employers of employees who work directly with children or persons with mental disabilities, as contemplated in section 44 of the Act.

However, some of these employers prefer having their employees applying directly to the Registrar using the prescribed Form 7. In keeping to the question, this response will therefore exclude the Form 7 applications for clearance certificates and zoom into the Form 8 applications. The table below, therefore, gives the total number of Form 8 applications in each region during the period of 1 September 2019 to 15 November 2021 as follows:

Table 2: Total number of Form 8 Applications received during the period of 1 September 2019 to 15 November 2021

FORM 8 APPLICATIONS FOR CLEARANCE CERTIFICATES
Application Type	1 Sept to 31 Dec 2019	1 Jan to 31 Dec 2020	1 Jan to 15 November 2021	Total
Form 8	8 094	5 567	1 044	14 705

The figures above exclude the backlog of 1 972 applications accumulated during the Department’s system downtime which halted entry into the NRSO from 6 September 2021 to 19 November 2021. A Performance Recovery Plan has been developed to speedily eliminate this backlog, and a systems’ enhancement process has also begun.

(ii) The Department is unable to provide statistics on Form 29 applications as the Regulations on the National Register for Sex Offenders prescribe Forms 1 up to

11. Therefore, there are no prescribed forms beyond Form 11. It is the Regulations on the National Child Protection Register that prescribe Form 29, and this Register is maintained by the Department of Social Development.

Reply:

(a) The South African Police Service (SAPS) and the Department of Basic Education (DBE) have completed the process of reviewing the School Safety Protocol, which guides the implementation of School Safety Programmes, aimed at promoting safer schools, nationally. There are various crime

awareness campaigns, which are implemented and conducted, by the SAPS, at schools to address, amongst others, incidences of bullying and gangsterism amongst learners, in and around school premises. Currently, there is a National School Safety Violence and Bullying Prevention Initiative that is being implemented, in response to the emerging incidents of bullying and violence by learners on and off school premises.

The SAPS also has a flagship project called the Junior Commissioner Project, whicF‹ is being implemented, from Grades 8 to 12. Junior Commissioners are appointed in schools, to lead crime prevention campaigns, under the mentorship of the SAPS. Junior Commissioners are also participating in School Safety Committees in their areas.

Awareness campaigns, which focus on the kidnapping of learners to and from schools, are conducted, on an ongoing basis. Multidisciplinary Investigation Teams have been established in the hotspot provinces, namely Gauteng,
KwaZulu-Natal, the Western Cape, North West and Limpopo. These teams are part of the Provincial Organised Crime Investigation units. Cases are prioritised, centralised and investigated, in terms of the 72-Hour Activation Plan. The Provincial Organised Crime Investigation teams are coordinated by the National Organised Crime Investigation Unit and activated by the Joint Operational Centres (JOC) and consist of:

Hostage negotiators.

Crime intelligence.

Detective Service (local police station).

Organised Crime units (National and Provincial levels).

Forensic Services, including Crime Scene Management.

Tactical Response Teams.

For the investigation of kidnapping cases, the multidisciplinary teams, make use of the following:

u Arrest of identified persons.

Centralisation of case dockets, for investigation purposes.

Centralisation of case dockets, for trial in court and prosecutor-directed investigations with the National Prosecution Authority (NPA).

Collection and analysis of data and information received, on the cases that are investigated by the multidisciplinary teams. This intervention has resulted in a decrease in the kidnapping of school children.

(i) The impact of the intervention programmes is measured through ongoing compliance inspections. Capacity building sessions are done where a gap is identified with regard to the implementation of School Safety Programmes.

(ij)

The involvement of the National Crime Intelligence does yield positive results, which assists investigation teams in effecting arrests and aeizures, as well as the confiscation of valuable exhibits during track and trace operations.
Reply to question 272* recommended/ (SOEG)

Date: 2021-12-30

Reply to question 2723 approved/

GENERAL BHEKI CELE

SOUTH AFRICAN POLICE SERVICE

Reply:

1. The number of illegal foreign nationals convicted is not available as the data recorded indicates the nationality but not any determination on the legality of the foreigner’s presence in the country.

Data attached reflects cases of all foreign nationals and is only available as from 1 January 2019, per province as requested in (a) (iii) to (a) (v). The data is only until

2 September 2021 as the malware attack on the Department of Justice and Constitutional Development’s system commenced on 3 September 2021. Data is therefore not yet available since then as is still being captured and updated.

1. The following data for the period indicated in question (a) was disaggregated to reflect the (i) murder convictions; (ii) rape convictions; and (v) drug-related convictions. These offences relate to cases in which the mentioned crimes were the main charge only and not second or further charges.

(iii) Farm attacks and murders and (b)(iv) crimes against women and children: the information kept on the system is linked to charges from which the two aforementioned crimes can not be extracted on the available data.

Due to the volume of the data, details of all convicted foreigners, murder convictions, rape convictions and drug-related convictions are attached as Annexure A.

Reply:

1. The accused formally applied for bail in the Johannesburg High Court on 1 October 2021, which was denied due to the fact that the accused are flight risks and because of the seriousness of the charges levelled against them. The accused are being charged with offences in terms of the Protection of Constitutional Democracy against Terrorist and Related Activities Act (POCDATARA).

The delays in the matter, after its first enrolment on the high court roll, were caused by the various interlocutory applications brought by the accused and the continuous change of legal teams by the accused and not by the State.

The breakdown below reflects the trail of court appearances since 2016 and the reasons for the matter not proceeding.

HISTORY OF APPEARANCES:

• 1. The two Accused were arrested on 9 July 2016 and appeared in the Regional Court, Court 13 in Johannesburg on 11 July 2016, where-after the case was postponed until 19 July 2016.
  2. On 18 July 2016, the defence brought a request for disclosure of the case docket in preparation of a bail application.
  3. On 19 July 2016, the case was postponed to 25 July 2016 for a formal bail application.
  4. On 25 July 2016, the Accused changed counsel and a new instructing attorney, Mr. Parak took over from Mr. Shipalana. The case was postponed to 26 July 2016 for the bail application to proceed.
  5. On 26 July 2016, the defence raised the question of the lawfulness of the arrest of the accused and the case was postponed to 29 July 2016, for evidence and legal arguments in that regard.

• 1. The State led viva voce evidence on 4 – 5 August 2016 and on 15 August 2016. The court ruled that the arrests of the accused in question were lawful.
  2. The defence team filed a review application in the Gauteng Local Division, Johannesburg, against the ruling of the Magistrate. The review application was removed from the Civil Court Roll due to the fact that the papers and record filed by the accused/applicants were not in order. The said review application was not pursued further thereafter.
  3. The case was then remanded to 19 August and thereafter to 25 August 2016 at the request of the Accused, in order to proceed with their bail application.
  4. On 15 August 2016, the case was remanded to continue with the bail application to 25 August 2016. The matter was then postponed to 11 October 2016, on which date the Accused abandoned their bail application and thereafter the matter was postponed on a number of occasions until 17 January 2017 for the purpose of further investigations.
  5. On 17 January 2017, the State requested that the case be remanded for further investigations but, the defence objected and the matter was remanded until 25 January 2017, for a ruling in this regard.
  6. On 25 January 2017, the Court granted the State a postponement until 25 April 2017, for further investigations and for the finalisation of the indictment.
  7. On 25 April 2017, the provisional indictment was served on the accused and the case was remanded until 15 May 2017, for the finalisation of the centralisation application in respect to Count 12.
  8. On 15 May 2017, the Accused brought an application for disclosure of the case docket and the case was remanded until 29 May 2017, for disclosure.
  9. On 28 May 2017, the State disclosed the copies of the docket, and the case was remanded until 5 July 2017, in order to receive feedback with regard to requests for Mutual Legal Assistance.
  10. On 5 July 2017, the case was remanded until 11 July 2017, for further disclosure as the defence requested digital copies of the evidence and further statements.
  11. On 27 July 2017, the case was remanded by agreement until 31 August 2017, for the centralisation certificate, which was due to be issued by the

National Director of Public Prosecutions and to obtain a date for pre-trial in the high court of the Gauteng Local Division, Johannesburg.

• 1. On 31 August 2017, the case was remanded to 20 October 2017, for first appearance in the High Court, Gauteng Local Division, Johannesburg.
  2. On 20 October 2017, in the pre-trial court, the case was remanded until 27 October 2017, on request of the defence team to get instructions from the accused for applications of further disclosure and access to consult with state witnesses.
  3. On 27 October 2017, the matter was remanded until 12 December 2017, for further pre-trial.
  4. On 1 November 2017, the defence team filed a request to consult with 35 State witnesses and the State responded to this request on 16 November 2017, to the effect that the request filed constitutes an irregular step and further that there is no legal obligation on the State to respond to the request filed.
  5. On 8 December 2017, the Accused attempted to file a belated and defective application to compel the State to comply with the Accused’s requests for further particulars and persisted to consult with the witnesses as requested on 1 November 2017.
  6. On 12 December 2017, the case appeared before Her Ladyship Justice Keightely, who made the following order:
     1. That the Accused bring a fresh substantive and supplemented application to consult with the State witnesses and for further information and documentation, not contained in the docket, before January 2018.
     2. The NPA to respond by 7 February 2018.
     3. The Heads of argument to be filed by 16 February 2018.
     4. That the application to be argued on 20 and 21 February 2018.
  7. On 26 January 2018 and on 2 February 2018, the accused failed to file an application for the Constitutional challenge of the Terrorism Laws as per the timelines that the defence team set.
  8. On 12 February 2018, the accused’s instructing attorney send an email to the State indicating that they are abandoning their applications.

• 1. On 20 February 2018, the accused again changed their legal team and Mr. Bodania and Adv. Khan SC appeared on behalf of the Accused. The applications were withdrawn on record and the case was remanded until 27 February 2018. The accused were ordered to pay the wasted costs of the counsel appearing on behalf of the South African Police Service.
  2. The case was remanded several times for the digital evidence and issues that the defence experienced concerning the accessibility of the digital evidence. The 3-terabyte hard drive was condensed by the State to a 6GB memory stick and a hard copy of the digital evidence that the State intends to rely on during the trial, was provided to the accused.
  3. On 5 December 2018, the case was postponed to 5 December 2018, to enable the defence to prepare a request for further particulars. During this appearance, the court indicated that if there were any legal challenges regarding the request for further particulars it would have to be adjudicated in the pre-trial court during January 2019.
  4. The case was remanded until 28 January 2019 and by agreement to 27 February 2019 and thereafter to 11 June 2019 on request of the defence team to go through and consider all the evidence. An order was made that the defence team must file any requests they might have by 4 June 2019. The defence did not file any request.
  5. On 11 June 2019, the matter was remanded until 11 September 2019, final for pre- trial. On 11 September 2019 the matter was remanded until 19 September 2019, on request of the defence to take instructions on any possible interlocutory applications they wish to bring before the case is set down for trial.
  6. On 19 September 2019, the case was remanded until 7 October 2019 and 23 October 2019, for the finalisation and authorisation of the further particulars. The State’s reply to the applicants requests for the further particulars were served on the accused on 22 November 2019.
  7. The defence requested that the matter be postponed until 27 January 2020, to serve a request for further and better particulars on the State.

• 1. On 27 January 2020, the State was not served with the request but, the defence brought an application for a formal bail application, and the case was remanded 20 March 2020.
  2. On 20 March 2020, the matter was postponed due, to Covid-19 restrictions and level 5 lock down that started on 26 March 2020.The matter was set down for a formal bail application on 26 May 2020.
  3. On 26 May 2020, the matter was heard through Microsoft Teams before Her Ladyship, Justice Mohalelo. The defence team once again raised a late objection that the accused were not present and therefore the bail application could not proceed whilst they were fully aware that the accused could not be brought to court due to the Covid-19 restrictions/ regulations, which were in place at the time. Her Ladyship, Justice Mohalelo struck the bail application off the court roll and held that the matter should be re-enrolled when the matter is indeed ready to proceed.
  4. On 14 September 2020, the matter was postponed for a fresh formal bail application before a new judge on 28 September 2020. On 28 September 2020 the bail applications proceeded before His Lordship, Justice Monama.
  5. On 01 October 2020, the bail applications were denied and the case was postponed provisionally to 23 October 2020, for a directive from the Judge President for a trial date and trial judge.
  6. The case was postponed to 18 January 2021, for plea and trial, a date that was confirmed by the State and the defence team.
  7. On 18 January 2021, Advocate Barnard was not able to attend court due, to exposure to Covid-19 and the fact that she had to self-isolate for a period of 10 days. The defence indicated that they will bring an interlocutory application in relation to irregularities that occurred with the transfer of the case from the Regional Court to the High Court.
  8. On 27 January 2021, the defence team proceeded with the interlocutory application and the matter was postponed to 04 February 2021, for judgement by His Lordship, Justice Mokgoathleng.

• 1. On 4 February 2021, His Lordship, Justice Mokgoathleng, dismissed the interlocutory application and the defence proceeded with an application for leave to appeal against the ruling on 05 February 2021.
  2. On 5 February 2021, the application for leave to appeal was also dismissed and the defence team indicated that they wish to file a Petition Application to the Supreme Court of Appeal. The matter was remanded until 17 January 2022. provisional for the outcome of the said application to the Supreme Court of Appeal. The application by the defence team was dismissed by the Supreme Court of Appeal on 25 November 2021.
  3. The delays in the matter, after its first inception on the high court roll, were caused by the various interlocutory applications brought by the accused and the continuous change of legal teams by the accused.
  4. The next court date is 17 January 2022.

1. The State has charged the accused with domestic law and not with international crimes. In this regard, no foreign agency could dictate to the State on domestic law.

Reply:

According to the information received from Eskom

There is no misalignment between Eskom and the Shareholder Representative.

The solution on R 402 billion debt remains work in progress – parliament and other stakeholders will be informed of the strategy on the debt as soon as the necessary processes have been completed.

1. A significant proportion of funding offered by the international partner group countries (the so-called USD 8.5 bn) is expected to be used for Eskom’s just transition plans. In particular, these funds will be utilised to support Eskom’s plans to repower and repurpose coal plants that are shutting down, with renewables,

battery storage and gas. This financing will not (and cannot) be used for financing the legacy coal debt. The DPE has been fully supportive of Eskom’s JET plans,

1. including its renewable energy aspirations, and was part of the task team, coordinated by the Presidency between August-November 2021, that put together the plan accepted by the international lenders. Furthermore, to ensure alignment between the Eskom JET plans and the DPE’s JET framework, Eskom and the DPE have a regular monthly meeting between the relevant teams.

1. Eskom’s Loss Control function was established in 1 April 2021. Management is working with the business to ensure that all possible PFMA items are registered with the Loss Control function for assessment and determination. Once a determination is completed, and if any indication of fraudulent activities is identified, only then is it referred to the Assurance and Forensic Department for investigation. However, the Assurance and Forensic environment has limited resources and is currently in the process of being capacitated to deal with the workload.

(3)(a) Eskom does not have a fully-automated record-keeping system, and as a result, records were and are, maintained manually. During our annual audit processes, there are limited audit turnaround times which are not always adhered to. However, Eskom is focusing on addressing the automation issue.

(3)(b) We acknowledge the fact that at times it takes long to finalise some matters. This is mainly due to the complexity of the matters and the shortage of internal capacity to deal with the volumes of disciplinary actions. The process to outsource some of these matters is rigid due to the governance process required by National Treasury. This notwithstanding, there has been significant progress made in addressing these matters.

Reply:

NW3249E

(1) Lieutenant Colonel Nicholas, the Acting Station Commander of the Athlone Police Station, became aware of the death of Adam Isaacs, on 27 January 2020. Colonel Adonis, the Station Commander, returned from leave, on 3 February 2020.

(2)(a) No member was placed on precautionary suspension and/or desk duty.

(2)(b) No departmental investigation was initiated at the time. Subsequently, two disciplinary investigations have been initiated into the members’ alleged involvement in the death, as per DR 05/2021 and the police station managements’ failure to act, as per DR 55/2021. The disciplinary investigation is pending finalisation. The criminal case was referred to the Independent Police Investigativr• Directorate (IPID) and is still under investigation.

(3)(a) Yes, the member Is still employed in the South African Police Service (SAPS).

(3(b) Not applicable.

Reply to question 2734 recommended

Date: 2021-12-30

GENERAL POLICE MP BHEKI CELE
AFRICAN POLICE SERVICE

Reply to question 2754 approved/not

Reply:

(1) Below is the account of all the court appearances in this matter:

(a) 29 January 2021: First appearance in High Court for pre-trial. The accused was absent and not brought to court from Pollsmoor as he was transferred to Goodwood Prison. A requisition was issued

(b) 3 February 2021: Accused appeared for his first pre-trial. Defence requested postponement to consult with accused.

(c) 19 March 2021: Second pre-trial. Defence indicated they were ready for trial.

Case postponed to 31 May 2021 for trial. The National Prosecuting Authority (NPA) expedited trial date, and the case was given priority.

(d) 21 April 2021: Judge President (JP) issued instruction that no new trials were to start in May 2021 as there were too many partly-heard cases, and older cases were being prioritised. The JP was requested to consider this case, but no exception was made.

(e) 31 May 2021: Trial was postponed to 16 May 2022. This was the first date when the Legal Aid defence counsel was available. The prosecution asked the defence counsel to explore whether he could make himself available on an earlier date, but he confirmed to the presiding judge he was not available until 16 May 2022.

Legal Aid could not provide another counsel.

(2) The DNA test results have been obtained.

(3) The NPA arranged an early date on 31 May 2021 but older cases were given priority. The NPA asked for the defence counsel to make himself or another Advocate available for trial in October 2021. The NPA received a written reply on

7 July 2021 that Legal Aid did not have any practitioner available to commence with the trial on 25 October 2021.

 

Reply:

(a) The matter regarding the release of the mentioned person on medical parole is pending in court and therefore the Department will not be able to respond until court proceedings are finalised.

(b) Not applicable to Correctional Services

END

Reply:

(1) The Parolee Offender was subjected to the parole conditions as contemplated in section 52 of the Correctional Services Act, 1998 (Act No. 111 of 1998), over and above section 52(1)(r) of the Act was also applicable. Upon being placed on parole the parolee remained in the custody of State Security Agency (SSA) as per his parole conditions.

(2) At the time of assuming my duties as the Minister I was not aware of the allegations that parolee is paid as parolees do not receive payments from the Department of Correctional Services. The Parolee is not being paid or sustained by the Department of Correctional Services. The alleged services rendered to the parolee should be directly asked to the State Security Agency as the subject of an engagement between the State Security Agency.

Reply:

1) The information or data that was encrypted was never decrypted because it needs a special decryption key which the Department of Justice and Constitutional Development does not have. The ransomware attacker is the only one with the decryption key.

2) (a) The information that was encrypted is still there in an encryption format, there is no way of decrypting the information. The focus was never to decrypt the information, instead the information and systems was restored from the backup tapes.

(b) The systems are fully restored and productive, but due to capacity constraints, the systems are not running at full capacity.

3) The Department is fully aware of the information that was targeted.

(a) The Department is unable to quantify the targeted information in terms of percentages.

(b) The Department cannot tell with certainty as to what happened to the compromised information.

4) The Department is not aware of any information that was exfiltrated, there’s an ongoing forensic investigation by South African Police Services (SAPS), and hopefully the final SAPS report will help us to answer that question.

5) (a) So far, the Department is unable to identify the ransomware attackers and hopefully the SAPS forensic investigation report will reveal such information.
(b) (i) No ransom demand letter was received by the Department.
(ii) No ransom amount was paid to the attackers.

 

Reply:

One of the primary objectives of South Africa’s participation at EXPO2020 is to provide South African companies exposure and access to global markets. To date, more than 219 companies have been recruited and economic development agencies are being provided a unique platform to display trade and investment opportunities offered by South Africa. In addition to the exposure received through the more than 125 000 visitors that have visited the stand since opening, a number of export and investment leads directly linked to South Africa’s participation at EXPO2020 have been registered.

 

Examples include potential exports orders of fresh produce and food products by supermarkets and importers with headquarters in the UAE and Lebanon. Leads on potential investments in oil and gas, renewables, agro-processing, healthcare, construction and real estate were also registered.

Following the Tourism Promotion month, which concluded on 31 December; an MOU between SA Tourism and Emirates Airlines has been initiated aimed at promoting South Africa as a tourist destination; facilitate packages to South Africa; as well as a number of code-share agreements with various airlines operating in South Africa. In terms of Tourism investment leads, the Bin Otaiba Hotels (or The Otaiba Group) from the UAE which currently has invested more than R 4 billion in the South African tourism sector, has pledged to continue investment in South Africa and work towards reopening closed hotels due to Covid -19 and take up new opportunities for investment in South Africa. In addition, Millat Investment has also pledged to expand their footprint in SA in-terms of their hotel chains, undertaking to open a third branch of the Hyatt Hotels in 2022.

As the Expo is still currently being held until 31 March 2022, a detailed report indicating the impact and exposure will be completed thereafter.

According to the official EXPO2020 website, 192 countries are participating in the Dubai EXPO2020, with exhibitors required to build their own pavilions and ensure that their products are services are marketed. the dtic has budgeted R54 million to the following line items to enable the participation of South African public and private entities:

 Pavilion Construction

 Exhibition Space Rental

 Business-to-Business Virtual Platform

 Freight

 Travel and Accommodation for officials

I am advised that the South African pavilion work within the regulated hours of the EXPO, requiring all pavilions to be open 7 days a week from 10:00 to 22:00, and include the following additional information provided by the Department, as follows.

 

The South African pavilion has only been closed to the public on three occasions. On 17 October 2021, the pavilion closed at 17:00 to allow for South Africa’s official opening and launch at EXPO2020. The second instance was on 28 October 2021, where doors closed from 18:00 to 20:00 for the hosting of a fashion show, allowing local South African clothing designers to present their exciting offerings to buyers from the Middle East. The third instance was on 31 December 2021 where the doors were closed at 20:00 to allow for fogging of the pavilion as part of Covid 19 protocols. The stand had been staffed for the full period.

Four dtic officials have flown from South Africa to be at the event and to remain until the closure of EXPO2020.

The list of the dtic officials mandated to attend to the stand are:

1) Ms Fuziwe Kubheka – Deputy Director

2) Mr Henry Mabale – Assistant Director

3) Mr Thabang Mamaru – Assistant Director

4) Ms Portia Chokoe – Trade and Industry Advisor

the dtic officials are also supported by four (4) ushers locally recruited in Dubai by the service provider as part of the stand building contract. The relevant attendance registers for officials and ushers can be supplied by the Director General of the Department.

-END-

 

Reply:

It is difficult to ascertain the exact backlog, as many of the clients are walk-in clients who could not be assisted during the system downtime, but have now been flocking to the offices since the system was restored.

All staff is 100% back in the offices, in line with Adjusted Alert level 1 regulations.

Officials are doing their utmost to assist as many applicants as possible in the time available and also need to deal with applications which were received via post and courier during the downtime period as well as still received on a daily basis.

After the system restoration the Guardian’s Fund continued with the payment of recurring maintenance.

The fingerprint verification link with Home Affairs was also off for some time, even after

the department’s systems were restored. Due to the biometric fingerprint facility (MOVIT) being unavailable, first time and final inheritance could however only be processed again from the 15th of November, when the new finger print verification server was restored. These payments could not be made earlier due to the inherent risk of fraud and to protect the interests of the beneficiaries for whom we hold funds.

Officials are working tirelessly to catch up on the backlog created and the new fingerprint verification has so far been deployed to 6 Master’s offices across the country.

The further rollout is currently a priority and should be restored to all Masters offices soon.

Overtime has been approved for all offices in a bid to address the backlogs and offices are doing their utmost in the period to ease the pressure and rendering services to those in need.

 

 

Overtime has been approved until 20 December 2021 after which a further assessment

will be made. However, it is envisaged, and offices are encouraged to ensure, that the

backlog is drastically reduced by then. Offices are however still experiencing some

technical difficulties on the systems from time-to-time which slows down performance in

our offices. Master’s Offices are open throughout the year, except on weekends and

public holidays – they do not close.

3 | P a g e

Reply:

The Reply to Parliamentary Question no. 1996 was submitted to the National Assembly on 19 November 2021 for tabling. The delay was caused by waiting for a response from the NCACC.

END.

Reply:

The National Prosecuting Authority has updated me on the investigation into the deathsof the late Chief Albert Luthuli and Mr Imam Haron as indicated below:

(A)Investigation into the death of late Mr Imam Haron

(1) Investigation at this stage is incomplete. Section 17A (1) of the Inquests Act (as amended by Act 145 of 1992) formulates the procedure to be followed in respect of an inquest to be re-opened. Subsections (2) and (3) then set out how such re- opened inquest is to be conducted, as regards to inter alia, evidence is to be led,subpoena of witnesses, recording of findings.

It is therefore incumbent on the investigators and prosecutors to ensure that the quality of the evidence gathered is of such a nature that it is complete and admissible, in order for it to comply with the interests of justice by enabling the presiding officer to have a full and detailed picture from which to draw inferences.

To this end, because of the age of the records, documents and evidence tendered in the initial inquests such as these, many challenges are posed such as the passing-on of witnesses. There are rules of evidence which would guide that the best evidence rule is to be followed. As is clear from the political history, the preservation of official records and access to them also poses difficulties. Furthermore, in certain instances, documents that are intended to be admitted as evidence, had been declared as classified and this requires a process of declassification.

Moreover, the evidence tendered in the original inquest must be re-examined to test the veracity of the findings of same. To this end, very often objective expert opinion is required in an assessment of the evidence placed before the court conducting the initial inquest. Consequently, this would require that the more accurate information is is provided to such expert, the more reliable such expert’s findings. This is also to ensure that the process is in line with the interests of justice.

The aforementioned are all considerations that pose challenges preventing the re-opening of such inquests.

(2) There has been considerable progress in the last three (3) months in the Imam Haron matter regarding the requests of the family. The family of Imam Haron were involved in initiating the investigations into the material issues at play in this inquest.

Additional reports and statements were furnished.

Several engagements have been held with members of the concerned family, and we have committed to a clear line of communication with stakeholders and participants in order to facilitate this process. There are ongoing consultations with witnesses and an expert witness on the matter.

(3) The third question is always difficult to respond to satisfactorily, as much of what is to be done to achieve our goals is dependent on other stakeholders with their own administrative procedures and processes. A concerted effort is being made to expedite the investigation to enable an informed decision to be made.

(B)Investigation into the death of Chief Albert Luthuli

(1) A thorough investigation is still underway to place the National Prosecuting Authority (NPA) in a position to make an informed decision. In respect of a section 17A re-opening, the Director of Public Prosecutions makes a recommendation to theMinister for the re-opening of an initial inquest, by a designated Judge, who is also empowered to take further evidence generally or in respect of any matter, in effect for the purposes of the reconsideration of the entire evidence including the existing record.

(2) Yes, extensive progress has been made. The family was consulted and witness statements were obtained. Moreover, for the past four (4) months, the prosecutors dealing with this matter have been waiting for the procurement of an expert to reconstruct the crime scene for the purposes of determining whether or not there are prospects of re-opening the inquest into the death of Chief Albert Luthuli. A three- phrase approach was proposed by the expert as follows:

(a) Phase One

Development of the crash Preliminary Engineering Analysis – the design and performance of the locomotive and the impact force associated with its contact with the head of the late Chief Luthuli.

(b) Phase Two

Applying the crash Preliminary Engineering Analysis – to develop a simulation model of the entire scenario in view of the locomotive design, the late Chief Luthuli andthree possible scenarios of the crash.

(c) Phase Three

Consultation between the prosecutor assigned to the matter and the expert witness for evidential material.

(3) The Directorate for Priority Crimes Investigation (DPCI) is in the process of canvassing the challenge of costs and experts. This is not an NPA process. Attaching a time frame is not conducive until all the evidence is placed before the prosecutor concerned.

 

Reply:

In the 2019 general election, the ruling party put forward a Manifesto committing to an Industrial Plan to Support Localisation as a key element of measures designed to drive investment, economic growth and create jobs. This Plan was endorsed by millions of voters and is the basis for government policy in this Administration. Research data outlined in previous replies to parliamentary questions (namely PQ 1880 and PQ 1881) set out in detail the evidence on which the specific targets were set as well as the extensive support from within the economy by business and workers for the policy stance, one increasingly being pursued in many different parts of the world.

-END-

 

Reply:

The Constitutional court handed down its judgment on 4 December 2020. This judgment affirmed JICS’s important watchdog role over the Department of Correctional Services (DCS) in South Africa’s democracy. It also set as a constitutional requirement that JICS be structurally, operationally and financially independent -- plus that in the public perception it also be seen as independent.

An Inter-Departmental Assessment Committee (IAC) was constituted and established by the then-Minister of Public Service and Administration (MPSA), Minister Mchunu. Significantly, the IAC recommended that JICS be established as an autonomous National Government Component.

This elicited also the support of the Minister of Justice and Constitutional Development and Correctional Services (DOJ&CD), Minister Lamola.

Since this judgment, JICS has compiled a draft JICS Bill which will provide the amendments the Constitutional Court required.

It is up to Parliament to confirm when the draft JICS Bill will be introduced. The Court has given Parliament 24 months to fix the problem it identified by amending the Act. The JICS draft Bill was promptly submitted to DCS, National Treasury (NT), the Department of Public Service and Administration (DPSA), DOJ&CD, the office of the Chief State Law Adviser and other stakeholders for comment. Various comments were received and incorporated into the draft JICS Bill (except from NT and DCS).

JICS is leading the amendment process of those sections that are relevant to JICS, and in crafting an ideal draft JICS Bill.

Other stakeholders are better placed to provide fuller details on what the amending legislation will provide for.

This is because DCS is the Department responsible for the Correctional Services Act, 111 of 2008, which will require simultaneous repeal and amendment when the JICS Bill is passed. (Some of the provisions to be repealed or amended include Chapters 9 and 10 of the CSA.)

With the prior authorisation of the Minister of Justice and Correctional Services, JICS approached DPSA to gain advice on how to ensure greater independence. Officials of DPSA advised JICS to research the various Government Forms currently available and also assisted with presentations and expert advice. Interactions took place with the offices of the Minister, Deputy Minister, DCS, DPSA and National Treasury. After the IAC considered all possible options, it recommended that JICS be constituted as a National Government Component.

The funding model for JICS to be established as a National Government Component must be supported by National Treasury.

JICS has meticulously sought to engage with all stakeholders. JICS does not however have a date as to when the JICS draft Bill will be introduced to Parliament by Minister Lamola, or when any further engagement between stakeholders will take place to ensure that the process is taken further.

Reply:

(1) An IT Audit was conducted on 14 December 2021, on the email of the Management Area to verify the existence of the email sent by next of kin (Anette Nel), however, no record could be found for the date of 04 December 2020. It should be noted that the offender was no longer incarcerated in Boksburg Medium Correctional Centre on the mentioned date as he was released on 07 December 2019.

The offender was admiteed in Boksburg Correctional Facility on 25 November 2019 to serve an incarceration period of 14 days on a “Writ of Contempt of Court” dated 16 October 2019 by Pretoria High Court.

If such application was received, the Head of Correctional Centre would have complied with applicable sections 26 and 27 of the Mental Health Care Act, 2002 in dealing with the request as follows:

Application for assisted care, treatment and rehabilitation services 27. (1) (a) An application reffered to in section 26 may only be made by the spouse, next of kin, partner, associate, parent or guardian of a Mental Health care user, but where the- (b) the application refered to in paragraph (a) must have seen the mental health care user within seven days before making the application. (c) state the date, time and place where the user was last seen by the applicant within seven days before the application is made

No records exist in the visitors book to prove that the next of kin saw the offender within the required period by permission of the Head of Correctional Centre for this purpose. The offender was released on the expiry of his sentence on 07 December 2019.

(2) Not applicable
(3) Not applicable
(4) Not applicable
(5) Not applicable

END

Reply:

Three entities within the dtic institutions have collectively assisted approximately 288 youth-owned and empowered enterprises with approved funding of R9,57 billion over the past five financial years. This includes the work of the Industrial Financing Branch (IFB) within the dtic and the department’s entities, the Industrial Development Corporation (IDC) and the National Empowerment Fund (NEF).

I am advised that the IFB approved 92 youth-owned enterprises for cost-sharing reimbursed grant funding amounting to R1 billion. The IDC and NEF provided support with the former approving R8.2 billion for 196 youth-owned and empowered enterprises and the latter R357.6 million for the benefit of businesses that are owned and managed by black youth. Further information supplied by the relevant entities are set out below.

While the data is not easily comparable between rural and urban youth support, the available data shows that youth-owned and empowered enterprises in rural areas received support of approximately R1.4 billion comprising cost-sharing grant funding to the value of R83.98 million and a mix of loan and grant funding of R1.3 billion from IDC and R35.76 million from NEF. This is in addition to non-financial support provided bydifferent dtic-agencies to youth-empowered businesses.

Rural youth enterprises can apply to a number of incentives that the Department is offering. In particular, over the past five years, youth-owned enterprises in rural areas were supported by the following incentives: Agro-Processing Support Programme (APSS), Black Industrialist Scheme, Support Programme for Industrial Innovation (SPII), and the Film and TV Production Incentive. Support to these youth-owned enterprises in rural areas is approximately R83,98 million.

The IDC has an annual funding target for youth-empowered enterprises and is targeting R900 million in the current financial year. This is complemented by targeted interventions and youth ecosystem support, youth business support, and concessionary finance for youth entrepreneurs. The IDC offers two bespoke interventions aimed at supporting Youth entrepreneurs:

 The Gro-E Youth Scheme is a finance scheme offering concessionary interest rates to youth-empowered and youth-owned enterprises demonstrating the ability and potential to create jobs: youth-empowered enterprises (25% – 50% youth ownership) up to Prime minus 2%; and youth-owned enterprises (greater than 50% youth ownership up to Prime minus 3%).

 The Gro-E Youth Scheme is further supplemented by the Youth Pipeline Development Programme offering pre-investment and post-investment

business support aimed at: supporting youth applications to become investment ready; assisting with meeting and satisfying conditions precedent; and ensuring the businesses’ sustainability. The Gro-E Youth Scheme and Youth Pipeline Development Programme have been recapitalised and extended for a further 5-year period.

Further, the IDC provides grant funding for development, focusing on rural areas, small towns and townships throughout the nine provinces of the country. This includes support to youth-owned and empowered businesses. The two specific funds looking at this are:

 Spatial Intervention Fund (SIF): Aims primarily in assisting entrepreneurs within communities by providing funding directed at projects with specific social outcomes. It also seeks to facilitate partnerships and collaboration between the private sector, public sectors and communities thus, bringing disadvantaged and marginalised groups and communities into the supply and value chain within the formal economy through catalytic grant funding.

 Social enterprise fund (SEF): This fund assists social enterprises to apply business solutions to social and environmental problems and challenges. The goal is to achieve sustainability by enabling these enterprises to support themselves financially in innovative ways

The NEF has pursued the support for youth-owned enterprises primarily through its five investment funds, namely iMbewu Fund for SME support, Rural, Township and Community Development Fund (RTCDF), uMnotho Fund for medium-sized enterprises, Strategic Projects Fund to develop black industrialists, and the Women Empowerment Fund. The latter cuts across all the four funds because the empowerment of black women is one of the strategic priorities of the country. The product offerings of these funds are geared towards unlocking value for youth entrepreneurs and those domiciled in rural areas and townships. The RTCDF even goes further in facilitating inclusivity of rural and township entrepreneurs whose beneficiaries are individual entrepreneurs, communities, and other groups formed to conduct business.

Through the ongoing investor campaign, the NEF reached over significant numbers of people by facilitating more than 300 investor education community seminars in rural and related areas on how to identify investment opportunities and access tools that will assist in converting those opportunities into tangible investments. From 2017 to date, business skills training has been provided to over 3100 entrepreneurs who attended 420 seminars.

 

Reply:

1) The Department of Justice and Constitutional Development informed the Information Regulator as soon as it was confirmed that the Department has been affected by a ransomware attack.

2) The Department fully co-operated with the Information Regulator in terms of information sharing, guidance and their participation in the system restoration process.

3) As at 1 December 2021, the analysis and/or forensic investigation is still inconclusive in terms of the exact nature of the information that was sent outside of the Department as part of the breach. This information should present itself as part of the forensic investigation as expected to be conducted from the case that was opened with the South African Police Service. Therefore, the Information Regulator will be informed as soon as the information becomes available.

 

Reply:

The Minister of Public Works and Infrastructure

I have been informed by the Department that the printer at the Laboria Park Parliamentary Village office is currently functional. On the day the Member required a document printed at the Laboria Park Parliamentary Village office, the printer was not working. A call was logged and a technician came out on the same day and the problem was addressed. As and when challenges arise with the printing machines in the office, the relevant official logs a call and a technician is dispatched to attend to the problem.

 

Reply:

Find here: (a) The SDIP compliance rate is summarised below:

 

Reply:

The Minister of Public Works and Infrastructure

(1)

(a) I have been informed that the Department has developed 30 audit action plans out of the 30 recommendations. The Department’s internal audit unit has completed the adequacy review of the audit actions plans. Binder Dijker Otte South Africa Services (Pty) Ltd (BDO) will be testing the effectiveness of the implementation of the audit action plans on the 20 December 2021. An update will be provided to the Audit Committee who, in return, will provide it to me.Once the process has been completed, I can be in a position to provide a comprehensive response.

(b) There were two audit findings related to safety. I will provide a comprehensive report once the process mentioned in 1(a) above has been completed.

(2) The report has been tabled to the Acting Secretary to Parliament and to the Speaker of the National Assembly. It is their responsibility to table the report to the Internal Audit Committee of Parliament.

 

Reply:

1) I have been informed that Sixty three (63) Contractors were selected to be trained through the programme when the North West Department of Public Works and Roads started the programme in 2014.

2) a) The Construction Industry Development Board (CIDB) grading levels, at the (a) commencement and (b) currently, are as per the attached list of contractors.

b) The programme has not yet been concluded and the grading levels of each contractor will be noted as and when contractors exit the Programme.

3) a) Two (2) contractors have left the programme since commencement.

b) The reasons are as follows:

 Kei 2 Trading Enterprise contractor has passed on.

 Technofacture 413 cc contractor was appointed as a public official within South African National Defence Force (SANDF).

4) a) Sixty (60) contractors have been awarded practical training projects through the North West Department of Public Works and Roads (DPWR) after the Public Protector’s intervention.

b) The contractors will continue to receive preferential treatment for a period of three (3) years from the 1st of November 2021 or when they attain the targeted grade whichever comes first.

 

Reply:

(1) I have been informed that of the remaining 9 SACAP Council members, 7 have qualifications in Architecture and their professional registration category is indicated in theast column:

Find here: Reply

Reply:

The Minister of Public Works and Infrastructure

(1) I have been informed by the Department that the Facilities Management (FM) contract will become effective by 01 March 2022. The said contract will provide the appropriate horticultural services required to adequately maintain the grounds at the three parliamentary villages. In the interim, a snake and mole programme has been implemented at Acacia Park, snake repellent will be sprayed around the houses and fumigation tablets will be dropped into the mole tunnels. For December 2021, the snake repellent and tablets will be administered on a weekly basis, whereafter from January 2022 a call will be logged to continue the programme, which will be on a need basis, until the FM contract becomes effective.

(2) There is no infestation of snakes, rats and frogs in the Laboria Park Parliamentary Village reported, however, should any of these become prevalent in the said or anyParliamentary Village, the same treatment would be provided as is currently the case in Acacia Park. In respect of the grass, it is untrue that the grass has not been cut in over a year, there is currently a contractor appointed to attend to the horticultural services at Laboria Park and the other two Parliamentary Villages.

 

Reply:

The Minister of Public Works and Infrastructure

(1) (a) I have been informed by the Department that the Identification of Work (IDoW) Policy Framework was developed and gazetted by SACAP on 30 April 2021.

 

(b) The IDoW Policy Framework is completed.

(2) (a) Yes, the IDoW is the overarching policy on identification of work for the architectural professions.

The Memorandum of Understanding (MoU) forms the basis for the interaction between the SACAP and the Competition Commission and establishes the parameters within which the two parties will interact with each other to exercise their respective functions with regards to competition matters that may arise in the architectural profession. The MoU also makes provision for consultations annually on any proposed changes to the IDoW to ensure that its provisions are pro-competitive and does not contravene any sections or objectives of the Competition Act.

(3) (a)Yes, the identification of work is intended protect registered members of SACAP, as well as the clients that use the services of persons practicing in the profession, and the public in general. This is in line with Section 14 (j) of the Architectural Profession Act (Act No. of 2000), which enjoins the Council to take the necessary steps to safeguard public health and safety.

(b) The IDoW is not necessarily a benchmarking tool for Guidelines on Professional Fees. These are published in terms of section 34 of the Architectural Profession Act. Section 34 of the Act mandates the Council to, annually, after consultation with the voluntary associations, determine guideline professional fees and publish those fees in the gazette. The latest Guidelines on Professional Fees were published in the gazette on 26 November 2021.

 

Reply:

 

(1) I have been informed by the Department that the Department of Public Works and Infrastructure (DPWI) contacted Boland College and it is indeed correct that Boland College is unable to provide feedback to applicants on learnership opportunities. Colleges in the Boland area do not receive their funding directly from the DPWI, but from the Western Cape Education Department (WCED). WCED funds these learnerships from various allocations, which are not limited to the EPWP funding. It terms of DPWI records, WCED was eligible for R15,5 million in terms of the social sector incentive grant in 2021/22, of which 100% was transferred to WCED by DPWI and 73% was expensed by WCED, as per the in-year monitoring report provided by WCED to DPWI, at the end of October 2021. Therefore the reason for the delay by WCED is not clear, for WCED has received the entire EPWP Social Sector Incentive Grant allocation for 2021/22.

(2) The DPWI is unable to provide reasons as to why there is no allocation towards Levels 1 and 2 for ECD Training in the Boland area this year, as it is the WCED’s function to allocate funding for ECD training projects.

(3) The DPWI is mandated to be the overall coordinator of the EPWP. The mandate on the delivery of ECD is with the Department of Basic Education (DBE), which has to ensure the training of practitioners, whilst the Department of Social Development is responsible for care and stimulation of children 0-4 years. Therefore, these two departments are better placed to work hand-in-hand in conducting the requisite research to determine the need for ECD practitioners, their level of education and areas where they are to be deployed to ensure efficient and effective ECD service delivery.

(4) DPWI is unable to advise on what the funding allocations towards Levels 1 to 5 for ECD training is. The WCED determines how much of the EPWP Social Sector Incentive Grant is allocated to ECD training. The WCED also, through its own departmental processes, determine the funding criteria and process for ECD Learnerships.

The DPWI is merely the transferring officer for the EPWP Social Sector Incentive Grant and therefore WCED should be able to provide the allocation information for ECD Learnerships.

The DPWI requested the information from the WCED as requested in this Parliamentary Question on Friday, 10 December 2021 and made several follow-ups, without any success.

(5) The DPWI cannot advise on whether there is a training budget in January 2022 for ECD or ECD Learnerships, as DPWI is not responsible for funding ECD or ECD learnerships.

 

Reply:

The Minister of Public Works and Infrastructure

(a) I am informed that the CBE Council meeting of 25 November 2021 was indeed postponed due to the lack of quorum. It was, however, successfully held on 3 December 2021 and all matters of Council and its Committees for Quarter 3 that were on the agenda were addressed.

The postponement of the meeting of 25 November 2021 was the first occurrence since the 5th term Council was appointed in 2018. Although the Council currently has 11 members, the CBE is neither on the verge of collapse nor cancelling any meetings regularly.

The Department has received nominations for the replacement of the Council members that have vacated their positions and very soon these appointments will be made, after the necessary due diligence has been conducted.

(b) I have been monitoring the situation of the Council members that have been resigning from the Council and have undertaken to conduct an assessment of the Council’s performance at an individual level. The result of this assessment will enable me to take the necessary steps to address the identified challenges. In my engagements with the entities, I have emphasised the necessity to focus on the Objectives of the Boards and Councils as per the Acts of Parliament that establish these bodies. The most recent of such engagements was the CIDB National Stakeholder Forum that took place on 07 December 2021. Non-executive directors of State-owned public entities have an obligation to execute their fiduciary duties. The stabilisation of the leadership of these bodies is a top priority. In due course I will be in a position to update the Portfolio Committee on the assessment to be undertaken at the CBE and the outcomes thereof.

 

Reply:

I have been informed that the Department of Public Works & Infrastructure [DPWI] had several engagements with the Department of Home Affairs – Border Management Authority [DHA - BMA] on this subject matter. The latest engagement was on 30 November 2021.

DPWI has provided the necessary input in relation to Section 97 Presidential Proclamation.

The Department of Home Affairs in its correspondence dated 29 September 2021 confirms the same (attached).

The Department is however, engaging with the recently revised letter of intent received from DHA’s [BMA] to jointly redraft Section 97 Presidential Proclamation to now include transfer of custodial functions from DPWI in relation to assets and liabilities within the border law enforcement area and at the ports of entry to the BMA in terms of the BMA Act No.2 (same letter dated 29 September 2021).

(a) NA.

(b)NA

 

 

 

Reply:

The Minister of Public Works and Infrastructure

(a) and (b)

I have been informed that the Department of Public Works and Infrastructure does not have measures put in place to renovate vacant buildings for residential and industrial purposes.

(i) and (ii)

A number of houses have been previously identified for rehabilitation and conversion from residential to office accommodation with the aim to accommodate User Departments. The houses were identified in mostly rural areas where there are no State-owned buildings and there is scarcity or no leased buildings to accommodate Users. To this end, a number of site clearances for re-zoning has been issued and some houses are currently included on the implementation programmes for execution.

 

Reply:

The Minister of Public Works and Infrastructure

a) I have been informed by the Department that the Department appointed an Engineering Service Provider to conduct tests at the ESSEX pump station. The testing included the inspection of electrical, mechanical and system integration. The testing revealed that some elements needed to be replaced and a service provider was appointed but could not perform according to the specifications and left the site. The Department is, now, in the process of appointing a new service provider. The appointment should be completed before the end of February 2022. It must be noted that one pump is running while the other is overheating and needs to be replaced.

b) The contract between Blyde River water utility and the Department of Public Works & Infrastructure expires in February 2024 and a multi-stakeholder forum has been established to ensure the smooth transfer in 2024. The Department of Water and Sanitation (DWS), Department of Public Works and Infrastructure, Municipal Infrastructure Support Agency (MISA), Maruleng Local Municipality and Mopani District Municipality are active stakeholders in this forum. The Forum is meant to deal with, amongst others, the water issues at Hoedspruit; the transfer of the pipeline to Department of Water and Sanitation as per the contract between Department of Public Works and Infrastructure and the Water Utility; and the provision of land by the Mopani District Municipality to DPWI, for a feasibility study. The plan discussed by the forum is aimed at aligning the transfer with the capacity of the Mopani District Municipality to provide bulk water supply to the community in 2024. The next meeting of the forum is planned to take place before March 2022. This will be preceded by the technical team which includes the IGR, DWS and DPWI to engage the new Council and assessing the capacity of the incoming water authority to continue with previous commitments made.

c) It must be noted that it is not the responsibility of DPWI to provide Hoedspruit town with water. It is by default that these services were provided by DPWI. It is the responsibility of the Mopani District Municipality and Maruleng Municipality to provide water services. DPWI is not paid for these services. The Hoedspruit town receives water directly from the DPWI treated water reservoir which was intended to supply the Hoedspruit Air Force Base.

It is not possible to put proper warning systems in place as the consumption from the town is not controlled. DPWI recently established that two estates have constructed their own massive reservoirs with booster pumps connected to the municipal supply piping and sometime they draw water during the night. DPWI requested the municipality to manage its water consumption and that of all estates with massive private reservoirs. All these challenges will be addressed once the municipality takes over the pipeline.

 

 

 

Reply:

NATIONAL ASSEMBLY QUESTIONS FOR WRITTEN REPLY

QUESTION NUMBER 2021/2807

DATE OF PUBLICATION: 10 DECEMBER 2021

2807. Dr N V Khumalo (DA) to ask the Minister of Cooperative Governance and Traditional Affairs:

1. What measures has she put in place to combat the level of negligence and embarrassing unlawful conduct and/or decisions in the execution of duties by political principals such as the Gauteng Member of the Executive Council of COGCTA who acted outside the law;

1. whether her department has consequence management mechanisms in place to minimise unprofessionalism in the execution of functions by political principals in provincial and local government; if not, why not; if so, what are the relevant details? NW3327E

REPLY:

The Minister has no legislative authority to discipline or hold MEC accountable for their conduct, only Premiers and Provincial Legislatures has powers to hold MECs accountable. Honourable member is encouraged to engage Provincial legislature and premier offices on this matter.

Reply:

1. ​At all times, the Department guided by the provisions of the Children’s Act, of which the best interest of the child is paramount on all matters concerning children. The Department is working closely in collaboration with the designated and accredited Child Protection Organisations, as well as health professionals in the clinics and hospitals to help prevent child abandonment. These include awareness as part of the 100 Days Campaign, information on services and options available to parents who are unable to care for their children, family planning, psychosocial support and positive parenting programmes amongst others. The Department also conducts community dialogues, television, radio talks and other media platforms, educating expecting mothers and the communities about children’s rights, right to life and the dangers of abandoning children.

Expectant mothers are informed of available options such as termination of the pregnancy, alternative care placement such as adoption and foster care. The Department also implement a Community-Based Prevention and Early Intervention Programme (RISIHA) that support families, parents and caregivers in distress; identifying factors that put children’s lives at risk and mitigate the identified risks and vulnerabilities by linking parents with available services and resources in their respective communities.

2. Refer to (a)

Reply:

 

The Special COVID-19 Social Relief of Distress Grant was first introduced in May 2020 as part of the national response measures to mitigate the impact of the global pandemic and to control its further spread. The initial iteration of the grant ran from May 2020 to April 2021.

(a) The grant was re-introduced as from August 2021. As at 7 December 2021, the following number of requests for reconsideration have been received:

Month	Number of reconsiderations received
August 2021	984 702
September 2021	711 017
October 2021	570 111
November 2021	300 084

The period allowed for declined applicants to lodge a request for reconsideration is

30 days from receiving the outcome of the application. The above numbers, particularly for November 2021, may therefore change, as the window to request reconsideration is still open.

Applicants have to request reconsideration for each month that the application is declined, as this grant is administered on a month-to-month basis.

One of the critical compliance processes which have to be followed for each reconsideration request received, is that the application must be subjected to a means test through the banks. This is to ensure that the applicant is not in receipt of any financial support which exceeds R595 per month.

With the reactivation of the grant in August 2021, SASSA had to procure all services required for the support of this environment once again. This included services provided by the banks, with whom SASSA had a contract which ended on 31 July 2021. As a result, SASSA was advised to go on a closed tender to source services from the banks. This procurement process took time, and is still in process, which means that SASSA has not been able to attend to any of the reconsiderations received since August 2021. The process of contracting with banks is nearing finality and it is planned to be able to start processing the reconsiderations early in the new calendar year. Despite these delays, every reconsideration received will be attended to, and the grant will be paid, if approved on reconsideration

(a) Having learned from the initial iteration of the grant, where concerns were raised about the lack of communication of outcomes to applicants for the relief grant, SASSA has implemented a revised process of notification for each declined application. The applicant is sent an SMS notification to the cell phone number which he/she used to apply for the grant, advising him/her of the decline of the application, and the reason for this. He/she is then sent another SMS notification advising him/her to request reconsideration if the decision is disputed, and providing the link on which to lodge the request for reconsideration.

In addition to the above process which has significantly improved communication to the affected clients, SASSA has extensively communicated through various platforms including print media, radio and social media about the need to request reconsideration for each month that the application is declined. This general communication will continue throughout the life cycle of this grant.

Reply:

 

It is important for the Honourable Member to note all matters relating to fruitless and wasteful expenditure as a result of hotel no-shows damage to hired vehicles are dealt with by the Loss Control Committee. The Committee’s key function is to investigate all cases of losses and damage and determine liability, as well as make recommendations on recovery of losses.

1. DSD Officials (i)(ii) Refer to (a)
2. There are a number of reasons and each case is investigated and judged on its own merit. Where it is found that the loss or damage could have been avoided or is due to an official’s negligence, the money is recovered from the official concerned. Some of the main reasons for hotel no-shows include late cancellation at the hotels due to the postponed or cancellation of planned events at short notice.

With regard to damage to hired vehicles, DSD officials are frequently required to travel to provinces and to unfamiliar areas where it is beyond their control to avoid damages.

1. With regard to consequence management regarding hotel no-shows and damage to hired vehicles, see summary of cases below:

No.	(a) Who is responsible	(ii) Hotel No Shows	(b) Reasons in each case	(c) Consequences to officials involved.
1.	Official No. 1	Hotel No Show	It was beyond control of the official on the basis that the SAA had a problem, and the travel agent cancelled the bookings late at the hotel.	Official not negligent. Write off the expenditure
2.	Official No. 2	Hotel No Show	The official did not show up at the hotel and she failed to cancel the accommodation on time.	Recover from the official.
3.	Official No. 3	Hotel No Show	The official did not show-up at the hotel and she failed to explain why she did not show up at the hotel.	Recover from the official.
4.	Official No. 4	Hotel No Show	The meeting was cancelled on 16 March 2020 due to travel restrictions announced by the President on the 15th March 2020 as part of the safety precautionary measures to prevent the spread of COVID-19.	Official not liable for the damage. Recover from the travel Agency.
5.	Official No. 6	Hotel No Show	The official did not show-up at the hotel and he failed to explain why he did not show up at the hotel.	Recover from the official.
6.	Official No. 6	Hotel No Show	The official did not show-up at the hotel and he failed to explain why he did not show up at the hotel.	Recover from the official.
7.	Official No. 7	Hotel No Show	The official did not show-up at the hotel and she failed to explain why she did not show up at the hotel.	Recover from the official.
8.	Official No. 8	Hotel No Show	The official did not show-up at the hotel and she failed to	Recover from the official.

No.	(a) Who is responsible	(ii) Hotel No Shows	(b) Reasons in each case	(c) Consequences to officials involved.
			explain why she did not show up at the hotel.
9.	Official No. 9	Hotel No Show	Late cancellation at the hotel due to cancellation of an event.	The case is currently before the Loss Control Committee to determine liability.
10.	Official No. 10	Hotel No Show	Late cancellation at the hotel due to cancellation of an event.	The case is currently before the Loss Control Committee to determine liability.
11	Official No. 11	Hotel No Show	Late cancellation at the hotel due to cancellation of an event.	The case is currently before the Loss Control Committee to determine liability.
12	Official No. 12	Hotel No Show	Late cancellation at the hotel due to cancellation of an event.	The case is currently before the Loss Control Committee to determine liability.
13.	Official No. 13	Hotel No Show	Late cancellation at the hotel due to cancellation of an event.	The case is currently before the Loss Control Committee to determine liability.
14.	Official No. 14	Hotel No Show	Late cancellation due to cancellation of an event.	Recover from the official.

CAR DAMAGE:

No.	(b) Who is responsible	(i) Damage to Hired Vehicle	(b)Reasons in each case	(c)Consequences to officials involved.
1.	Official No. 15	Car Damage (scratch on the door)	The official was found liable for the damage.	Recover from the official.
2.	Official No. 16	Car Damage (dent on the bonnet)	The official was found liable for the damage.	Recover from the official.
3.	Official No. 17	Car Damage (damage on front bumper)	The official was not liable for the damage.	Official not negligent. Write off the expenditure.
4.	Official No. 18	Car Damage (wheel cap missing)	The official was found liable for the damage.	Recover from the official.
5.	Official No. 19	Car Damage (dent on the left door)	The travel agent was liable for the damage.	Official not negligent. Recover from Travel Agent.
6.	Official No. 20	Car Damage (scratch on the left door)	The official was found liable for the damage.	Recover from the official.
7.	Official No. 21	Car Damage (front bumper)	The official was not found liable for the damage.	Write off the expenditure.
8.	Official No. 22	Car Damage (front bumper)	The official was found liable for the damage.	Recover from the official.
9.	Official No. 23	Car Damage (dent on the bumper)	The official was not found liable for the damage.	Write off the expenditure.
10.	Official No. 24	Car Damage (bonnet, bumper, mirror)	The official was found liable for the damage.	Recover from the official.
11.	Official No. 25	Car Damage (scratch on the rear Bumper)	The travel agent was liable for the damage.	Official not negligent. Recover from Travel Agent.
12.	Official No. 26	Car Damage (scratch on the left side of the door)	The official was not found liable for the damage.	Write off the expenditure.
13.	Official No. 27	Car Damage (front bumper)	The official was found liable for the damage.	Recover from the official.
14.	Official No. 28	Car Damage (scratch on the left -door)	The travel agent was liable for the damage.	Official not negligent. Recover from Travel Agent.

No.	(b) Who is responsible	(i) Damage to Hired Vehicle	(b)Reasons in each case	(c)Consequences to officials involved.
15.	Official No. 29	Car Damage (dent on the left- hand side)	The official was found liable for the damage.	Recover from the official.
16.	Official No. 30	Car Damage (roof panel, left post and bonnet)	The travel agent was liable for the damage.	Official not negligent. Recover from Travel Agent.
17.	Official No. 31	Car Damage (car accident)	The official was found liable for the damage.	Recover from the official.
18.	Official No. 32	Car Damage (front bumper)	The official was found liable for the damage.	Recover from the official.
19.	Official No. 33	Car Damage (front bumper)	The official was found liable for the damage.	Recover from the official.
20.	Official No. 34	Car Damage (front bumper)	The official was found liable for the damage.	Recover from the official.
21.	Official No. 35	Car Damage (dent)	The case to be presented at the next Loss Control Committee to determine if the official is negligent.	The case is currently before the Loss Control Committee to determine liability.
22.	Official No. 36	Car Damage (tyre damaged)	The official was found liable for the damage.	Recover from the official.
23.	Official No. 37	Car Damage (2 front side mirrors, windscreen, the front left wheel and scratches on the body of the vehicle)	The official was not found liable for the damage.	Write off expenditure.
24.	Official No. 38	Car Damage (damaged the left side of the car)	Awaiting further investigations from Labour Relations.	Loss Control Committee referred case to Labour Relations for further investigations.
25.	Official No. 39	Car Damage (front bumper)	Awaiting further investigations	Loss Control Committee referred

No.	(b) Who is responsible	(i) Damage to Hired Vehicle	(b)Reasons in each case	(c)Consequences to officials involved.
			from Labour Relations.	case to Labour Relations for further investigations.
26.	Official No. 40	Car Damage (damaged on the passenger side)	Awaiting further investigations from Labour Relations.	Loss Control Committee referred case to Labour Relations for further investigations.
27.	Official No. 41	Car Damage (windscreen chip)	The official was found liable for the damage.	Recover from the official.
28.	Official No. 42	Car Damage (front bumper)	The official was found liable for the damage.	Recover from the official.
29.	Official No. 43	Car Damage (full valet)	The official was found liable for the damage.	Recover from the official.
30.	Official No. 44	Car Damage (windscreen Chip)	The official was not found liable for the damage.	The expenditure was written off.
31.	Official No. 45	Car Damage (dome dents)	The official was not found liable for the damage.	The expenditure was written off.
32.	Official No. 46	Car Damage (wheel tyre and wheel balancing, rear bumper)	The official was not found liable for the damage.	The expenditure was written off.
33.	Official No. 47	Car Damage (front bumper)	The official was not found liable for the damage.	The expenditure was written off.
34.	Official No. 48	Car Damage (windscreen chip)	The official was not found liable for the damage.	The expenditure was written off.
35.	Official No. 49	Car Damage (replacement of Windscreen)	The official was not found liable for the damage.	The expenditure was written off.
36.	Official No. 50	Car Damage (wheel cap)	The official was not found liable for the damage.	The expenditure was written off.
37.	Official No. 51	Car Damage (scratch on the front right bumper)	The official was found liable for the damage.	Recover from the official.

No.	(b) Who is responsible	(i) Damage to Hired Vehicle	(b)Reasons in each case	(c)Consequences to officials involved.
38.	Official No. 52	Car Damage (accident)	The official was found liable for the damage.	Recover from the official.
39.	Official No. 53	Car Damage (scratch on the rear Bumper)	The official was found liable for the damage.	Recover from the official.
40.	Official No. 54	Car Damage (tyre damaged)	The official was found liable for the damage.	Recover from the official.
41.	Official No. 55	Car Damage (scratch)	The official was found liable for the damage.	Recover from the official.
42.	Official No. 56	Car Damage (front bumper)	The official was found liable for the damage.	Recover from the official.
43.	Official No. 57	Car Damage (left side scratch)	The official was found liable for the damage.	Recover from the official.
44.	Official No. 58	Car Damage ( rear bumper and tyre damage)	The official was found liable for the damage.	Recover from the official.
45.	Official No. 59	Car Damage (Scratch on the left front rim)	The official was found liable for the damage.	Recover from the official.
46.	Official No. 60	Car Damage (rear bumper, eft rear quarter glass, left fender liner clips, left rear door and L/F door)	The official was found liable for the damage.	Recover from the official.
47.	Official No. 61	Car Damage (front bumper (left front fender)	The official was found liable for the damage.	Recover from the official.
48.	Official No. 62	Car Damage (left door scratch)	The official was found liable for the damage.	Recover from the official.
49.	Official No. 63	Car Damage (tailgate repair)	The travel agent was liable for the damage.	The official was not negligent. Recover from Travel Agent.
50.	Official No. 64	Car Damage (windscreen chip)	The official was not found liable for the damage.	The expenditure was written off.

No.	(b) Who is responsible	(i) Damage to Hired Vehicle	(b)Reasons in each case	(c)Consequences to officials involved.
51.	Official No. 65	Car Damage (damaged both doors and mirror)	The official was not found liable for the damage.	The expenditure was written off.

Reply:

 

(1)(a) 254 cases of irregular expenditure totalling R 88 million were previously finalised by SASSA and later reversed in 2017/2018 after the AGSA advised that the CEO was not the appropriate delegated authority to condone irregular expenditure.

SASSA subsequently wrote to the National Treasury for guidance and clarity on the AGSA’s findings. The National Treasury then issued a revised Irregular Expenditure Framework in May 2019 (Instruction Note No.2 of 2019/2020) which provided guidance on how institutions and departments should record and report on irregular expenditure including the process to be followed in the investigation of financial misconduct cases resulting from irregular expenditure.

SASSA had to restart the process and treat the above irregular expenditure cases in line with the revised Irregular Expenditure Framework, and all new cases were then treated the same.

The recently issued Framework requires that the cases should be submitted to National Treasury for condonation together with evidence of corrective disciplinary outcome and proof that the Agency has implemented measures to prevent recurrence of the irregularities.

To date, SASSA has submitted a total of 521 cases amounting to R 685 007 150.89 to the National Treasury for condonation. Treasury has condoned 303 cases amounting to R536 442 320.42 and still considering the remaining 218 cases totalling R 148 564 830.47.

(1)(b) In terms of the Irregular Expenditure Framework, every case submitted to National Treasury for condonation must be accompanied by evidence of corrective disciplinary outcome implemented. In all the 521 cases reported in 1 (a) and all other cases of irregular expenditure under investigation process, SASSA is complying with this requirement.

The reasons for the slow pace in the finalisation of investigations into past transgressions of irregular expenditure (Backlog cases) are as follows:

• SASSA experienced a number of changes in accounting authorities and each accounting authority required sufficient time to understand the transgressions and implement appropriate corrective disciplinary processes
• Some of the employees who need to be interviewed or assist with the information and circumstances affecting certain transactions are no longer in the employees of the Agency. Therefore, to trace them and/or request for their cooperation is to be done in terms of applicable prescripts which slow down processes.

Some of the processes are;

• cases that are before the courts require court orders.
• applying relevant Supply Chain Management (SCM) prescripts which require SASSA to appoint legal practitioners and/or engagement with National Treasury.

1. National Treasury required assurance that SASSA and DSD had

• • identified the causes for an increased debt book,
  • developed mitigating strategies,
  • provided assurance that the social grant debtors portfolio is managed well and efforts are made to reduce the irrecoverable debts.
  • errors resulting in over payment are reduced and or dealt with internally, and improved mechanisms implemented to recover funds paid erroneously.

SASSA and DSD were requested to ensure that:

• • Grants eligibility assessment are done satisfactorily at the application stage including income checks.
  • Regular reviews are done to reconfirm eligibility including income checks across various applicable database.
  • Improved validation to ensure transfers are made to the correct beneficiary and into the correct account, and corrective measures are taken swiftly where errors have occurred.
  • Review of debt recovery mechanism to strengthen tracing and follow up of debtors and deductions from existing grants where possible.
  • A quarterly report on the progress made on the recovery of the debt book is submitted to NT
  • Development of a gatekeeping and debt management improvement strategy. A draft has been written for consultation with the National Treasury before the end of the current financial year.

(3)(a) Of the 1228 cases, 566 cases of financial misconduct relating to irregular, fruitless, damages and losses are remaining, and in progress.

(b) SASSA has set target in its 2021/22 Annual Performance Plan (APP) of 95% to finalise financial misconduct cases. Efforts are being made to ensure this is achieved before the end of the current financial year.

Reply:

 

The Honourable Member will appreciate that matters of this nature take time as they involve thorough investigation by law enforcement agencies. In 2014, SASSA, through its internal investigations identified the irregular payment of invoices amounting to R4, 879, 023. 20 in respect of services rendered during the Ministerial Outreach Programme that took place in Engcobo and Nelson Mandela District in the Eastern Cape. SASSA opened a criminal case in terms of Section 300 of Criminal Procedure Act, and this was registered as per East London Crime Administration System (CAS) 145/12/2014.

The services were provisioned by service providers from EC, KwaZulu Natal and Gauteng. When the first leg of arrests of 10 company directors by the Directorate for Priority Crime Investigations was carried out it included the service providers from KZN and Gauteng. DPCI, through its criminal investigations, estimated the loss at R12 million.

The DPCI has formally informed SASSA that the second leg of arrests will be targeted at SASSA officials as well as members of the public who were involved in defrauding the Agency.

With reference to loss recovery, the Asset Forfeiture unit has started with the recovery process. The process will go in tandem with criminal prosecution.

Reply:

 

• There are provincial roads as well as municipal roads in Ward 1 in Moretele Local Municipality (MLM). The Department of Public Works and Roads (DPWR) of the North West (NW) Provincial Government is responsible for all activities related to the planning, design, construction and maintenance of the provincial roads in the NW province. Moretele Local Municipality (MLM) is responsible for the provision and maintenance of municipal road infrastructure within its area of jurisdiction. The Bojanala District Municipality (BDM) supports all the municipalities within the BDM in executing their powers and functions including the MLM. Furthermore, the Department of Corporative Governance (DCOG) through the Municipal Infrastructure Grant (MIG) together with the sector departments provide financial support for provision of basic services that include roads.
• According to the MLM, the DPWR appointed a service provider in November 2017 as Phase 1 for the upgrading of 5km gravel road (from Z614 to Z619) to a surfaced tar road which was completed in May 2019. The DPWR then appointed another service provider for the re-construction of a 10km tarred road as Phase 2. The Phase 2 contract commenced in January 2020 and is scheduled to complete in January 2022. As part of the District Development Model (DDM), the Department of Cooperative Governance (DCOG) through MISA, is monitoring the implementation of the project.

• The MLM, through its maintenance teams, regravels internal roads as and when necessary in all the Wards including Ward 1.

Reply:

 

The investigation has not been concluded and The Department is still awaiting further updates from the municipality and province on the matter. The Honourable Member will be provided with the update as soon as it is available.

Reply:

 

The three grievances were on unfair labour practice, the fourth one was regarding threats which were allegedly made by the union against the aggrieved official, and the last one was on the non-payment of the performance management and development system (PMDS) incentives. Four of the five grievances have since been resolved, and one unfair labour practice grievance is pending.

Reply:

 

1. With the onset of the COVID-19 pandemic in the 2020/21 financial year, the SASSA offices were originally closed, under lockdown level 5. This is as a result of the SASSA administrative services not being declared an essential service. However, despite this lockdown, the payment of social grants continued without interruption.

The movement to the lower levels of lockdown resulted in the offices progressively re- opening, albeit with staff working on rotational shifts. The rotation of staff was to ensure that social distancing could be maintained, and also ensured business continuity, where, if one team was exposed to a positive case, that team could quarantine and the other team of staff who had been rotating could come in to continue providing services. However, this staff reduction through the rotation meant that only approximately 50% of the staff were on duty at any one time, which negatively impacted on the ability to provide services to all who required these.

Measures introduced to address the need for SASSA services, while attempting to reduce the queues at local offices, included the following:

• • Dedication of specific days for specific grant types, with Mondays being for older persons; Tuesdays for persons with disabilities and Wednesdays and Thursdays being for the child grants. Fridays were reserved for people who needed appointments for specific reasons, or dealing with the overflow from the week;
  • Temporary disability grants which should have lapsed during the year between February and December 2020 were not lapsed, but kept in payment until December 2020, thus reducing pressure on local offices for these beneficiaries to have to come in to re-apply;

• • The introduction as from September 2020 of the online grant application platform for grants for older persons, child support grants and foster child grants. Work continues to improve this access channel for social grant applications so that it becomes a viable alternative to having applicants queue at local offices for a face to face service;

• • Strengthening of the call centre through a contract for support services and additional call centre agents, in an effort to reduce the need for citizens to have to go to local offices for simple queries which could be responded to telephonically or through email;

• • Introduction of the online booking system for disability grant appointments, as well as the placement of the referral from on the SASSA website. This was done to reduce the number of times an applicant has to go to a SASSA office for an application for a disability grant from a minimum of 3 to only one – which also reduces the queues at local offices;

• • Strengthening the queue walking by SASSA staff for all those citizens waiting in queues for a service, to be able to attend to those who had only come to collect forms, make enquiries or submit documents while they were still in the queue. This reduced the numbers who need to wait for extended periods for services.

• • The introduction of the R350 social relief of distress grant was done entirely electronically, to ensure that these applicants did not have to go to any SASSA office for a service. Had this not been done electronically, the local offices would not have coped at all, as this grant brought in an additional 10 million applicants, never before serviced by SASSA. During times of full staff capacity, SASSA does on average 1, 2 million applications per year. The existing staff and office infrastructure could therefore not have provided face to face services for this new category of clients served; and

• • The use of volunteers to assist with queue management, both at the SASSA local offices as well as during social grant payments, at the various outlets where beneficiaries gathered to collect their social grants. The volunteers were sourced

through a partnership with the National Development Agency and is a model which the sector would like to continue implementing, if funding is available.

1. Many of the measures introduced in 2020/21 are still in place, to assist in managing the queues at SASSA service points. However, in addition to the above, the following has been introduced since April 2021:

• • The staff complement available at local offices is managed according to prevailing lockdown levels and COVID protocols. Under lockdown level 1, most offices, where there is adequate space to ensure safe social distancing, are now functioning with 75% of the staff complement or more present on any specific day. Rotation is still exercised, to limit exposure of the staff to the virus, and also to ensure that there is staff available to ensure business continuity in the event of positive cases amongst staff or their direct family members;

• • Progressive opening of service points, where the health and safety protocols are followed. Service points take pressure off local offices, particularly in provinces such as Western Cape which has only 16 local offices. However, the re-opening of service points can only be done in collaboration with the local authorities, as SASSA has to ensure that all safety protocols are followed;

• • Applicants for older persons grants, child support grants and foster child grants are encouraged to apply for the grants online, if they have access to the internet and are able to do so. The increased use of the online platform will reduce pressure on the local offices, and reduce the time that applicants have to wait in queues. SASSA continues to work to improve the functionality of this platform, and will progressively add additional services which can be done online, as well as extend it to the other grant types.

The situation will continue to be monitored closely and corrective actions implemented where necessary. Continued education and communication is absolutely critical, as it is not acceptable for citizens to sleep outside SASSA offices overnight in an effort to access services.

Reply:

 

1. With regard to the Ballito matter, the SAPO Forensic Unit is working very closely with the SA Police Services with regards to the arrest and it can be confirmed that the suspect was not found in possession of SAPO/SASSA Cards. Rather, the suspect was found mainly with “White Plastic Magstripe Cards” that are used by criminal elements in skimming and cloning instances. Of the 771 cards confiscated:

• • 448 PVC white Magstripe cards with 1 SASSA Card number 4213 2911 1052 1176 encoded
  • 108 PVC white Magstripe cards with various SASSA Card numbers encoded
  • 37 Shell V Plus cards with various SASSA Card numbers encoded
  • 15 Clicks Club Cards with various SASSA Card numbers encoded
  • 222 Blank PVC white Magstripe cards and 1 Nedbank card
• 2 card skimming devices and other items used for skimming purposes were also confiscated

As the matter is being investigated by the SA Police Service and various aspects sub judice, it can be confirmed that from preliminary investigations, all the SAPO/SASSA card numbers are linked to beneficiary profiles and funds were withdrawn in the KZN region by making use of the skimming and cloning devices that were seized.

• The cards were not SAPO/SASSA stolen cards, but cards that were illegally skimmed at ATM’s where the beneficiaries transacted

To date, a total of 78 009 cards were stolen through business burglaries and armed robberies since inception of the cooperation agreement between SASSA and SAPO. I must point out to the Honourable Member all the stolen cards were timeously blocked to prevent losses.

b) SASSA has not incurred any financial losses. Any losses suffered are either by the individual or SAPO/Postbank. In cases where the beneficiaries have reported fraudulent transactions, cases are referred to SAPO/Postbank who then investigate the matter. In the last three (3) years that SAPO/Postbank and SASSA have had a contractual agreement, an amount of R90 993 960,56 has been reimbursed to 27 534 beneficiaries.

Reply:

1. The Traditional and Khoi-San Leadership Act, 2019 (Act No. 3 of 2019 commenced on 01 April 2021. It is important to distinguish between the leadership structures provided for in the Act. In the case of the National House of Traditional and Khoi-San Leaders (National House), provincial houses of traditional and Khoi-San leaders and local houses of traditional and Khoi-San leaders, the Act determines in section 63(12), (13) and (14), which section deals with transitional arrangements, that the houses that existed at the commencement of the Act, will continue to exist until their terms expire in 2022. The terms of local houses will end on 30 April 2022, provincial houses on 31 May 2022 and the National House on 30 June 2022. The reconstitution of these houses will therefore be done in 2022.

In the case of traditional leadership councils (kingship councils, queenship councils, principal traditional councils and traditional councils), section 16 of the Act requires of the Minister to issue a formula in respect of the determination of the number of members of such councils. The Act also requires that certain consultations be conducted before any formula is issued.

The CoGTA Ministry is currently finalising consultations on the formula for determining the number of members of traditional councils. The final joint consultation meeting of Premiers/provincial governments and Provincial Houses took place on 15 December 2021. Once consensus is reached by Premiers/provincial governments and Provincial Houses, the formula for determining the number of members of traditional councils will be published in a government gazette as required by the Act and provinces can commence with the constitution of traditional councils.

In respect of the formula for determining the number of members of kingship, queenship and principal traditional councils, the Department has developed a draft formula and consulted all Premiers. It is important to note that the Act requires that the Minister consults kings, queens and principal traditional leaders as well as their two forums specified in the Act on this formula before it is published in a government gazette.

Some of the kings, queens and principal traditional leaders have established their forums for purposes of the said statutory consultations. The Department has also requested those Majesties who have not yet established their two forums to do so. The Department is working with our provincial counterparts to assist them to establish these forums as a matter of priority. Once all kings, queens and principal traditional leaders have established their forums, consultations on the formula will start.

2. It is important to note that at national level, the Department of Traditional Affairs is responsible for administrative and financial support of the National House of Traditional and Khoi-San Leaders, and the Commission on Khoi-San Matters (Commission).

The National House is a structure that existed before the commencement of the Act and was allocated a budget at the beginning of the 2021-22 financial year. Therefore, after the commencement of the Act, the National House continued to operate in accordance with the already appropriated budget which is R22,182 million.

The Commission, however, was appointed with effect from 01 September 2021, which after the commencement of the Act and half-way through the 2021-22 financial year. The Department of Traditional Affairs is currently funding the Commission through a reprioritisation process, thus making funds available from other departmental programmes where possible.