Reply:

1. The Informal and Micro Enterprises Development Programme (IMEDP) is a 100% grant offered to informal and micro enterprises from the minimum grant amount of five hundred rand (R500) up to the maximum of ten thousand rand (R10 000) to assist them in improving their competitiveness and sustainability. The Informal and Micro Enterprises Development Programme was espoused from the National Informal Business Upliftment Strategy (NIBUS) that was developed in 2012 and 2013 to address the development void at the lower base of the Small, Medium and Micro Enterprise (SMME) Development strategy. The NIBUS seeks to uplift informal businesses and render support to local chambers/business associations and municipal Local Economic Development offices to deliver and facilitate access to upliftment programmes. The focus is mainly on designated groups, i.e. women, youth and people with disabilities, in townships and rural areas of South Africa.

(b)(i) During the current financial year, the Department of Small Business Development (DSBD) has assisted 83 informal business from eThekwini Municipality through the IMDEP programme. These informal businesses were mainly from Kwamashu. These IMEDP interventions assisted informal businesses with tool of trades depending on the business needs e.g, generators, baking ovens, catering equipment etc. The support provided by DSBD has managed to assist small businesses to compete with established business in terms of productivity, employment and to boost confidence to our beneficiaries.

The Small Enterprise Development Agency (Seda) assisted with non-financial support and mentorship and post disbursement to measure impact on these businesses. The Department is also work closely with the Province, District, and municipalities to ensure that there is adequate support for small business.

The Department has further developed an informal Trader support programme which is aimed at supporting informal and micro businesses following the July 2021 unrest. In this programme each entrepreneur is provided with R3000 (once off grant) to help informal traders who lost their business after the unrest. This programme is currently ongoing and has received 7 410 applications across the country, with total disbursements made to 3 356 Informal Traders worth R10.07 million.

(b)(ii) The DSBD has assisted various businesses under the Township and rural Entrepreneurship Programme (TREP). TREP is made up of various interventions / schemes:

• • Spaza Shops and General Dealer Support Scheme
  • Clothing, Leather and Textile support Scheme
  • Tshisanyama and Cooked Food Scheme
  • Personal Care Scheme
  • Bakeries and Confectioneries
  • Autobody repairers and mechanics
  • Butcheries Support Programme

Further support has been provided under the Small Enterprise Manufacturing Support Programme (SEMSP), which is being implemented by the DSBD’s agency – Small Enterprise Finance Agency (sefa).

MS STELLA TEMBISA NDABENI-ABRAHAMS, MP MINISTER OF SMALL BUSINESS DEVELOPMENT

Reply:

 

Clients associate disclosures of such information with tax information and obligations. They are never comfortable with disclosing information that may create an impression that they make a lot of money. The Small Enterprise Development Agency (Seda) has improved the Service-Level Agreements (SLAs) that Seda signs with clients when an intervention is awarded or provide support that Seda will pay for, to make it easier for the practitioners to get information for reporting.

MS STELLA TEMBISA NDABENI-ABRAHAMS, MP
MINISTER OF SMALL BUSINESS DEVELOPMENT

1

DSBD response to NA2781–NW3299E

Reply:

 

1. Early Childhood Development (ECD) centres are funded by Provincial Departments of Social Development. Below is the breakdown of data supplied by provinces:

Province	Financial years	Number of ECD services funded
EC	2019/20	2 562
	2020/21	2 562
FS	2019/20	1 039
	2020/21	1 064
GP	2019/20	1 509
	2020/21	1 529
LP	2019/20	2 132
	2020/21	2 124
MP	2019/20	1 017
	2020/21	1 054
NC	2019/20	333
	2020/21	320
NW	2019/20	520
	2020/21	542
WC	2019/20	905
	2020/21	935

1. All provincial departments sign Service Level Agreements (SLA) with funded ECD centres. The SLA clearly states expected deliverables, financial reporting requirements and monitoring visits, amongst others. All funded ECD centres are required to comply with the norms and standards. The Department also conducts capacity building for ECD centres through the National Development Agency.

1

Reply:

 

1. The Knysna Elephant Park is privately owned and neither belongs to, nor is it managed by SANParks or the State. Therefore, the incident in question occurred in a private facility over which SANParks has no jurisdiction or control. SANParks manages the following parks in the Garden Route region: The Knysna National Park (with one remaining elephant), and the Tsitsikamma National Park and the Wilderness National Park – both Parks do not have any elephants.
2. SANParks has a mandate to manage national parks. However, the conservation management of private nature reserves resides with the provincial entities, which in this case is Cape Nature. SANParks, therefore, has no role to ensure compliance on private nature reserves.

I suggest the Honourable Member approach Cape Nature through the relevant legislature for details on this case.

Regards

MS B D CREECY, MP

MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT

DATE: 17 December 2021

Reply:

• 1. The conducting and/or roll out of lifestyle audits are, in terms of regulation 22 of the Public Service Regulations, 2016, the responsibility of departments. Within departments, ethics officers and investigators are required to perform the required stages of lifestyle audits (lifestyle review and lifestyle investigation). In terms of the Public Service Regulations, 2016, departments have to designate Ethics Officers to manage ethics, and in terms of the Minimum Anti-Corruption Requirements, departments have to investigators and a dedicated anti-corruption capacity. This is not a new requirement, so departments do have an established ethics management and anti-corruption capacity.

The Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit (PAEIDTAU), in terms of Section 15 of the Public Administration Management Act, 2014, has the function to monitor the implementation of lifestyle audits. This Unit does not have an investigative mandate, so it will not conduct lifestyle audits.

Lifestyle audits became compulsory from 1 April 2021. To assist departments, the PDSA adopted a Guide on implementing lifestyle audits and started with awareness raising and the training of ethics officers.

Lifestyle audits could commence after Senior Management Members disclosed their financial interests in April (every year) on the eDisclosure system, and when the other designated categories did the same in June and July (of every year). The lifestyle audit process is dependent on the disclosure of financial interests on the eDisclosure system.

• 1. The PAEIDTAU is not aware whether any Public Service employees have been subjected to lifestyle audits. Departments have until the end of March 2022 to conduct lifestyle audits for the current financial year.

End

The number of employees subjected to lifestyle audits and the outcomes of the process will only be known at the end of January 2022. In a Circular dated 25 October 2021 addressed to all departments and government components, departments were requested to provide feedback on their progress regarding the implementation of the Guide to the PAEIDTAU, by the end of January 2022.

Reply:

(1) – (2) The Department of Small Business Development (DSBD) has a mandate to lead and coordinate an integrated approach to the promotion and development of entrepreneurship, Small, Micro and Medium Enterprises (SMMEs) and Co-operatives, and to ensure an enabling legislative and policy environment to support their growth and sustainability. This includes ensuring that the SMMEs and Co-operatives are kept productive, not only during the periods of the unfortunate Eskom’s power cuts, but as a standard support provided by the Department to the SMMEs and Co-operatives.

The ongoing widespread rolling blackouts were not anticipated, however, through messaging and support to SMME’s in this regard, the department seeks to communicate to all SMME’s of the impact of power outages to their businesses and encourage them to employ contingency arrangements and planning in accordance with the ESKOM’s power alerts schedules on outages.

In so doing, SMME’s will experience minimum disruption through proper planning until the electricity crisis is resolved by ESKOM and respective supporting departments.

The department has not done an estimate as it has not engaged in an exercise of assessing the impact of power outages to the SMME’s. Further, power outages not only affect the economic sector alone but South African society as a whole and it is not clear from ESKOM, DPE and DME when these outages will end.

The Department has in earnest started considering green energy interventions, which will assist SMMEs and Co-operatives to stay abreast amidst the power cuts, thereby boosting their productivity and sustainability. A partnership has been formalised in this area of work with the Department of Forestry, Fisheries and the Environment and progress being made towards the implementation of the planned interventions is reported as part of the Economic Reconstruction and Recovery Plan.

The DSBD’s agency, sefa, has also prioritised green industries (renewable energy, waste, and recycling management) as one of the sectors that the agency funds for qualifying business ventures.

The Minister for Small Business Development launched the Youth Challenge Fund (YCF) on 18 November 2021, which is a youth start-up programme co-designed by the DSBD and its entities, sefa and Seda to contribute towards resilient, green and inclusive economic recovery. One of the innovative sectors targeted as part of the YCF is the green economy – focusing on funding youth entrepreneurs that are in the business of energy, renewables and recycling.

Despite the constant communication with the SMMEs and Co-operatives, there has not been an indication, to DSBD, of the losses that they have incurred due to the Eskom’s power cuts. However, it is understood that small business owners do from time to time approach the Department of Public Enterprises (DPE), as Eskom is DPE’s entity, with an indication of the loss they incurred due to the power cuts; and DPE, working with Eskom, assists those small business where possible. It should be emphasised that DSBD’s support of small businesses is not limited to challenges faced by SMMEs and Co-operatives due to power cuts, which will be addressed through the green energy initiatives outlined above, but it's a holistic support.

 

MS STELLA NDABENI-ABRAHAMS, MP

MINISTER OF SMALL BUSINESS DEVELOPMENT

Reply:

(a)&(b) On 4 August 2021 Cabinet approved the incorporation of the Small Enterprise Finance Agency (sefa) and Cooperatives Banks Development Agency (CBDA) into the Small Enterprise Development Agency (Seda) to form a new entity that will be responsible for the provision of both financial and non-financial support to small enterprises throughout the entire business development lifecycle, with effect from 01 April 2022.

This will involve the conversion of Seda into a Schedule 2 Public Entity with the Minister of Small Business Development as its Executive Authority. The new entity will have both financial and non-financial small enterprise support functions. Both the conversion of Seda and the definition of the support functions will be done through an amendment of the National Small Enterprise Act. The Capacity Building function and the Central Support Services of the CBDA will also be transferred into the new entity.

Currently the Business Case, that includes the implementation plan with clear milestones and time frames, developed to guide the implementation of the merger is being finalised. Furthermore, we have established a Joint Oversight Forum which is chaired by Minister and comprises the Chairpersons of the three entities and the Executives. In line with the provisions of Section 16B of the National Small Business Amendment Act the Minister has consulted with the Executive Authorities of the designated institutions for incorporation into Seda which are the Minsters of Trade, Industry and Competition, and Finance.

We have also gazetted a notice of intention to incorporate institutions whose objectives and functions are similar into a single Agency (Seda). The process of appointing the Board of Directors, of the new Agency, has been initiated and the advertisement calling for nominations, will be published in a newspaper on 12 December 2021 with a closing date of 24 December 2021. The same advert will be placed on the DSBD, Seda and sefa websites, as well as social media pages.

The Department of Small Business Development has established the following workstreams comprising of sefa, Seda, IDC and CBDA plus organised labour:

• Policy and Structural Reform: This team will be responsible for developing the enabling policy framework and legislation for the establishment of the Small Business Development Agency and the dissolution of the CBDA, Seda and sefa as separate, stand-alone entities.
• Organisational Consolidation Team: This team will be responsible for developing and implementing the consolidation of the business and operations of the CBDA, Seda and sefa post-merger into one seamless business enterprise and designing and implementing the post-merger organisational chart.
• Finance and Information Technology: This team will be responsible for developing and implementing the consolidated Information Technology and Finances of the CBDA, Seda and sefa post-merger.

On the 8th December 2021, the Portfolio Committee on Small Business Development, which Honourable Mthenjane is a member of, was provided with a detailed briefing on the processes towards the incorporation by DSBD and sefa, led by the Deputy Minister for Small Business Development.

MS STELLA TEMBISA NDABENI-ABRAHAMS, MP

MINISTER OF SMALL BUSINESS DEVELOPMENT

Reply:

The Department of Small Business Development (DSBD) started implementing the Pilot Administration Programme (PASP) in KwaZulu-Natal during 2020/21 financial year. The PASP focused on institutionalising the best practises and learnings made in two seminal studies that were conducted. Two seminal projects on Ease of Doing Business in the country were implemented by the Global Indicators Group (Development Economics) of the World Bank Group in collaboration with the National Treasury of the Republic of South Africa, the then Department of Trade and Industry (currently the Department of Trade, Industry and Competition) and the South African Cities Network. The 2015 Ease of Doing Business study conducted in South Africa and the follow-up Ease of Doing Business (EODB) study conducted in 2018.

While Good practices have been found in these two studies, the potential for improvement through the emulation of good practices is limited by factors such as internal coordination between urban metropolitan areas, districts and within the local municipalities. Collaboration among the different levels of government (National, Metropolitan, District and Local Municipal) authorities is hampered by a lack of proper resource allocation.

The key focus of the PASP was to assess the following EODB/Red Tape Reduction (RTR) dimensions:

1. Improving Municipal Service Delivery: Citizen Service Charters and Complaints Notification Systems (CNS).
2. Improving Municipal-Business Communication and Customer Relationship Management (CRM).
3. Improving Municipal Policies, By-laws, and Regulations.
4. Improving Supply Chain Management Processes.
5. Speeding up Land Development Processes and Time Frames - Spatial Planning and Land Use Management Act (SPLUMA).
6. Speeding up Building Plan Approval Processes and Time Frames.
7. Better Management of Informal Trading.

In addition to the above mentioned areas of focus, the PASP is aligned with Government’s “One Plan” for one district and metro model and involves all relevant national, provincial and local government officials, including Provincial COGTA and SALGA, in its execution. It is also a multiyear programme that aims at provide critical synergies between us (DSBD) and the Sub National Ease of Doing Business programme of National Treasury, called the City Support Programme (CSP).

The implementation of the Programme is underway, as indicated that it is a multi-year initiative. During the current financial year, the following successes have been registered:

• Comprehensive Red Tape Reduction Assessments were conducted with each of the three the participating Municipalities. Focus groups were conducted with small businesses in each municipality to “reality test” the information provided by each municipality, in terms of their red tape reduction activities. Compliance with the criteria for good practise as per the Red Tape Reduction Guidelines for Local Government, as well the verification of these efforts was also investigated. Functionality Scores for each of the seven red tape indicators were also computed, indicating the gap between each of the municipality’s red tape reduction efforts and their expected outcomes.

• Scoping of the problem areas and performance cycles detected by the Red Tape Reduction Assessments were conducted. Action Plans for each of the seven indicators across the three participating municipalities were developed.

• The Red Tape Reduction Assessment Results and Action Plans were shared with each of the three municipalities. Action Plan Registers were developed for each of the participating municipalities explaining the steps that they could follow to address the red tape problems detected. Municipalities were given the opportunity to report on which of the action plans they can implement given the fact that some of the are framed according to the immediate, short- and medium-term framework for implementation. The results of these engagements are being captured in a “Report on the Development of the proposed interventions based on the key problems identified through the municipal assessments”. This is in process.

During the last quarter of the current financial year (2021/22), the DSBD will be closely monitoring the implementation of the “action plans” by each of the participating municipalities. A “Report on Implementation of interventions and Monitoring of the performance outcomes of the interventions” will be compiled by the end of March 2022. Emerging best practises and lessons learned will be documented to be incorporated into the “One Plan” of a further five municipalities in the next financial year (2022/23) as well as another five of them in the final year of the current Medium Term Strategic Framework cycle (2023/24). This phased approach will allow for the learnings to be extrapolated to municipalities across the country, within the next three years through close collaboration with Department of Cooperative Governance and Traditional Affairs (COGTA) and South African Local Government Association (SALGA), our partners, using the District Development Model’s “One Plan” to embed these lessons into districts, across the country.

One of the successes that the Department is noting is how the programme is helping the participating municipalities realise the inter-connectedness and interdependencies between different components of local municipalities, for instance the coordination required in issue of a simple business license, between the health, fire and safety, and other forms of regulatory approvals involved in the issue of a business license. There are many centers of excellence that have also been detected across the municipalities assessed, but the administrative systems between most of them, lacks seamless administrative systems, which make for unnecessary delays, frustrations and cost burdens that small businesses have to carry. Red Tape Reduction truly does require a “whole of government approach” in order to be embedded into the fabric of good public administration.

The DSBD and Provincial Partners (Department of Economic Development, Tourism and Environmental Affairs [EDTEA], COGTA and SALGA) are working in close collaboration with three (3) target municipalities which are committed to implementing red tape reduction measures. The three municipalities are Ray Nkonyeni Local Municipality (Ugu District), the City of uMhlathuze Local Municipality (King Cetshwayo District) and Ubuhlebezwe Local Municipality (Harry Gwala District).

MS STELLA TEMBISA NDABENI-ABRAHAMS, MP

MINISTER OF SMALL BUSINESS DEVELOPMENT

Reply:

(1) The multi-sectoral SMMEs who participated at the Intra-African Trade Fair 2021 (IATF) 2021 were taken through the Small Enterprise Development Agency (Seda) Export Development Programme which focuses on among others, export information, assessment, support and market access opportunities. A call for applications was made via the Seda branch network located throughout the fifty-four (54) branch offices located throughout the nine (9) provinces of the Republic. It was also extended to the SMMEs that are participating in the DSBD’s localisation programme, provincial investment agencies and other institutions working in the SMME sector.

The identified SMMEs were assessed through a dedicated assessment tool called the Export, Readiness Assessment Tool (ERAT), to determine their export readiness. The SMMEs were then subjected to final adjudication. Qualifying SMMEs included those in the Craft Sector. All nine provinces were represented: Gauteng, Western Cape, Free State, Eastern Cape, KwaZulu-Natal, Limpopo, North-West, Mpumalanga, and Northern Cape.

Further to this, the Department also supported 45 SMMEs from the Craft Sector to exhibit at the Fair. Each province selected 10 enterprises that were presented to the National Craft and Design Body. Five enterprises per province were selected by the National Craft and Design Body on the basis of their products, capacity to deliver, colours and markets trends.

(2) A call for applications was made via the Seda branch network situated throughout the regional offices in all nine provinces and to the SMMEs that are participating in the DSBD portfolio’s Localisation programme, provincial investment agencies and other institutions working in the SME sector. These networks mentioned above include stakeholders such as municipalities that are situated in the rural and township areas.

The provincial hubs and agencies, which are key implementation partners of the DSBD, were requested to initiate a process of identifying craft SMMEs to be selected and screened from the DSBD e-commerce database called PEEK. A call for applications was also made through the Provincial Investment Agencies. This ensured representation from township and rural Craft SMMEs.

(3) Major trends observed were as follows:

3.1 Some SMMEs did not qualify as per the ERAT; and

3.2 The key areas in which the non-qualifying enterprises struggled with were Production and Markets/Marketing.

3.3 In terms of the Craft SMMEs, the following trends were observed:

3.3.1 Inconsistent product quality;

3.3.2 Lack of production capacity; and

3.3.3 Failure to differentiate between consumer and trade markets.

Non-qualifying enterprises are still supported through the Seda export development programme, with a number of interventions designed to improve their export readiness and the ability to therefore participate in market access events in the future.

MS STELLA TEMBISA NDABENI-ABRAHAMS, MP

MINISTER OF SMALL BUSINESS DEVELOPMENT

Reply:

1. Subsequent to the reply to question 152 on 7 April 2021, a Circular HRD031 was sent to all Heads of Departments requesting them to verify the qualifications of their Senior Management Service (SMS) members and to update information on the PERSAL system. Verification of this information is done by departments.

As a results of information relayed in the Circular, the number of SMS members who do not have the requisite qualifications for the position they currently occupy, went down from 35% to 27.29 % by July 2021, and further to 26% by 31 October 2021. This is because, as stated before, there might be SMS members who do possess proper qualifications but such are not reflected on the PERSAL system.

1. (a) & (b) Information received from departments pointed to the fact that Departments are not regularly information on PERSAL resulting in incomplete information. It was also revealed that some of the SMS members who were identified as not meeting minimum requirements became senior managers before the 2016 Public Service Regulations, as such they were complaint at the time of their joining the SMS.

The Circular to Heads of Departments to update PERSAL data has resulted in a steady improvement in capturing qualifications on the PERSAL system. At the moment there is no need identified to conduct any investigation into how the specified employees were recruited and employed at this stage.

The DPSA will continue to monitor the capturing of data on qualifications and such analysis will therefore inform a decision if any further investigations are warranted.

End

Reply:

The Department of Public Service and Administration (DPSA) is not the employer of the individual. It is widely known that the individual was employed by the Presidency therefore the matter should be referred to the Presidency accordingly.

End

Reply:

1. A total number of sixteen (16) new libraries were built in the Northern Cape Province in the past five years. The (a) location and (b) costs of the libraries are as follows:

NO.	NAME	LOCATION	MUNICIPALITY	TOWN	COST
1.	Afrika Gaenakgang Library	Tsineng	Joe Morolong	Kuruman	R6 200 000
2.	Ester Molete Library	Churchill	Joe Morolong	Kuruman	R20 900 000
3.	Moeshoeu Piet Melamu Library	Logaganeng	Joe Morolong	Kuruman	R4 300 000
4.	M S Kitchin Library	Kuruman	Gasegonyana	Kuruman	R29 000 000
5.	Ritchie Library	Ritchie	Sol Plaatje	Ritchie	R5 700 000
6.	Greenpoint Library	Greenpoint	Sol Plaatje	Kimberley	R17 300 000
7.	H O Kgadiete Library	Warrenton	Magareng	Warrenton	R4 700 000
8.	Izak September Library	Petrusville	Renosterberg	Petrusville	R7 600 000
9.	Kamasies Library	Kamasies	Kamiesberg	Springbok	R4 300 000
10.	Sisonke Library	Carolusberg	Nama Khoi	Springbok	R6 800 000
11.	Anna Kamfer Library	Askham	Dawid Kruiper	Upington	R4 300 000
12.	Jacky Greef Library	Louisvale	Dawid Kruiper	Upington	R4 500 000
13.	Sandile Present Library	Upington	Dawid Kruiper	Upington	R37 200 000
14.	Homevale Library	Homevale	Sol Plaatje	Kimberley	R2 800 000
15.	Hector Peterson Library	Novalspont	Umsobomvu	Colesberg	R2 600 000
16.	Noxolo Mpinda Library	Noupoort	Umsobomvu	Colesberg	R4 200 000

 

2. The libraries are operational and have internet connection. However, it must be noted some libraries may be occasionally closed due to COVID compliance.

3. There are (a) 218 libraries in the Northern Cape, 50 are located in the Namaqua District, (i) no library has personnel shortages and (ii) no library has a lack of budget.

4. (a) The Department’s budget allocation towards building new libraries in the Republic in the 2019-20 financial year was R317 307 million provided from the community library conditional grant and (b) twenty-six (26) new libraries are intended to be built as follows in the Republic:

NO.	NAME	LOCATION	MUNICIPALITY
1.	Cookhouse Library	Eastern Cape	Sarah Baartman: Blue Crane Route Local Municipality
2.	Mango Modular Library	Eastern Cape	Alfred Nzo: Umzimvubu Local Municipality
3.	Van Stadenrus Library	Free State	‎Xhariep‎ District: Naledi Local Municipality
4.	Zuurbekom Library	Gauteng	‎Westonaria District: ‎West Rand Municipality
5.	Kocksoord Library	Gauteng	West Rand District: Randfontein Municipality
6.	Mullerstein Library	Gauteng	Sedibeng District: Emfuleni Local Municipality
7.	Dukuduku Library	KwaZulu-Natal	Umkhanyakude District: Mtubatuba Local Municipality
8.	KwaMdakane Library	KwaZulu-Natal	Amajuba District: Dannhauser Local Municipality
9.	Nquthu Library	KwaZulu-Natal	Umzinyathi District: Nquthu Local Municipality
10.	Endaleni Library	KwaZulu-Natal	Umgungundlovu District: Richmond Local Municipality
11.	KwaDlangezwa Library	KwaZulu-Natal	Uthungulu District: Umhlathuze Local Municipality
12.	Umzumbe Library	KwaZulu-Natal	Ugu District: Umzumbe Local Municipality
13.	Sankotshe Modular Library	KwaZulu-Natal	Ethekwini Metro
14.	Seleteng Library	Limpopo	Capricorn District: Lepelle Nkumpi Local Municipality
15.	Mavalani Library	Limpopo	Mopani District: Greater Giyani Local Municipality
16.	Botshabelo Library	Limpopo	Mopani District:
17.	Vleifontein Library	Limpopo	Vhembe District: Makhado Local Municipality
18.	Tshaulu Library	Limpopo	Vhembe District: Thulamela Local Municipality
19.	Newtown Library	Mpumalanga	Nkangala District: Steve Tshwete Local Municipality
20.	Schoemansdal Library	Mpumalanga	Ehlanzeni District: Nkomazi Local Municipality
21.	Provincial Depot Library	Northern Cape	Francis Baard District: Sol Plaatjie Municipality
22.	Lethabong Library	North West	Bojanala District: Rustenburg Local Municipality
23.	Dinokana Library	North West	Ngaka Modiri Molema District: Ramotshere Moiloa Local Municipality
24.	Moshana Modular Library	North West	Ngaka Modiri Molema District: Ramotshere Moiloa Local Municipality
25.	Wolmaranstad ext 15 Library	North West	Dr Kenneth Kaunda District: Maquassi Hills Local Municipality
26.	Bereaville Modular Library	Western Cape	Overberg District: Theewaterskloof Municipality

Reply:

a) As part of the actions on the audit findings and recommendations of the Auditor-General South Africa (AGSA), the Department will undertake an independent investigation to establish if there was any possible collusion from officials in this regard. The Department aims to conclude this investigation by end of April 2022.

The redemption of funds that were destined for the tourist guides who were in the respective Provincial Registers but were unfortunately found to have been deceased will be reported to the South African Police Services (SAPS) for further handling.

Furthermore, provinces will be informed of the audit findings particularly in relation to their tourist guides registers.

b) (i) and (ii) The Department will undertake a verification process with all the provinces of the forms of identification used by the various tourist guides taking into account the fact that anyone with a work visa may register as a tourist guide provided all other legal requirements are met. Further verification will be conducted with the Department of Home Affairs. Where there may be a case of invalid identification, the Department will institute recovery processes. The verification process is scheduled to conclude by March 2022.

Reply:

a) My Department promote and support the creative sector by providing funding to Entities reporting to me, these Entities then engage the creative sector to forge social cohesion and advocate against social ills. Examples on how the Department’s entities directly and indirectly support the sectror are as follows;

• The Market Theatre Foundation, is currently creating a play about gender-based violence for teenagers, to be disseminated digitally to high schools nationwide. The play is designed to help high school learners identify gender-based violence and the way it affects their lives, as well as equip them with knowledge, skills, and resources to support them in situations in which they survivors of gender-based violence. In addition, the Market Theatre Laboratory works extensively with its own students on building awareness around gender-based violence through a series of workshops. The students create plays throughout the year exploring this and other socially relevant themes. In 2021, the Market Theatre Laboratory partnered with an independent theatre company to host performances of the play “Text Me When You Arrive: a guide on how not to get raped and killed in South Africa”, a play also grappling with this theme.

The National Film and Video Foundation’s stance has been reflected through the following projects:

• Research conducted in partnership with Sisters Working in Film & TV (SWIFT) entitled “Gender Matters in the South African Film Industry” (2018) which aimed at providing information and statistics on women participation, challenges and roles in the local film industry,
• An MOU signed with SWIFT which covered amongst other things, the implementation of a Code of Good Practice: Handling Sexual Harassment in the Film and Television Industry (“The Code”) which promotes workplaces that are free of sexual harassment, where employers and employees respect one another’s integrity and dignity, their privacy, and their right to equality.
• In partnership with GIZ (Deutsche Gesellschaft für Internationale Zusammenarbeit GmbH), the NFVF institutionalised gender sensitivity training and GBV training with industry proessionals and AFDA students respectively

The Robben Island Museum hosted a social cohesion programme in the form of an Annual Spring School programme held on the island aimed at capacitating the youth and recently held one on 04 - 09 October 2021. The main objective of all the Nation Building Youth Camps facilitated by Robben Island Museum is to create an opportunity and space to debate on social ills, pertinent issues affecting communities, inclusivity and leadership skills. The theme of the 2021 Spring School was Young people acknowledging that the epidemic of gender-based violence and femicide in South Africa is a national crisis. The 2021 Spring School Programme was made possible with the support from the DSAC’s Sub-Directorate on Social Cohesion and Nation Building.

In addition to the above, other specific programmes implemented include the following:

Social Cohesion Advocates Programme

Through the Social Cohesion Advocates Programme, the Department has been able to implement GBV Dialogues and Seminars in churches, institutions of higher learning such as at then Vaal University of Technology (VUT). As part of creating platforms for promoting Social Cohesion and Nation Building Social Cohesion Advocates have engaged in After School care programmes to empower girls and young women.

During the July 2021 Unrest, Social Cohesion Advocates have been able to participate in fact finding missions. They have engaged communities in dialogues including trainings on Mediation, Conflict Resolution and Peace Building. There have also been initiatives on Healing of Memories and Trauma and Trauma Counselling session.

Preventing Gender Based Violence

Where Gender Based Violence (GBV) is concerned, the idea is to prevent it from happening as opposed to providing interventions when it has happened as that tends to be costlier and unsustainable. As the adage goes Prevention is better than cue. Communities need to understand the Concept of Gender so that they can understand why the scourge is called GBV. Capacity Building in the form of Training has therefore been engaged into including two (2) Gender Sensitisation and GGBV Workshops have been held. A Gender Sensitisation and GBV Workshop was conducted for Albinism Advocacy Access (AAA) on 20 – 22 October 2021 Another one was conducted at Inanda which is one of 30 hotspot areas in KwaZulu Natal (KZN) as communicated by the Minister of Police, Mr Bheki Cele. The Department intends massifying these awareness creation workshops including in areas such as Delft and Lusikisiki.

Funding to Non Profit Organisations

Over and above these, the Departments funds several Non Profit organisations that encourage Prevention of GBV. In this financial year, three (3) such organizations. These organisations have programmes such as After school Programmes that reduce the exposure of children to GBV plus unwanted and or unplanned pregnancies.

Campaigns led by the Department

The Department has also engaged in active campaigns such as The Orange Day Campaign which marks the 25th as a day to wear orange and unite to end violence Against women and Girls (VAWG). This way, on a monthly basis, 365/24/7. we are able to promote the message of GBV prevention as opposed to focusing exclusively on 16 Days of Activism on No Violence Against Women and Children (VAWC). This also ensures that there is monitoring of progress especially as DSAC reports on a monthly basis to the Department of Women Youth and People with Disabilities, under Pillar 2 of the Gender Based Violence National Strategic Plan 2030.

Further, Department has launched two programmes in an aid to raise awareness against GBVF. The programmes are Golekane and Baqhawafazi. Golekane is a campaign which endorses a call to action for men by men to end GBVF through behavioural dialogs, panel discussions, grassroots anti GBVF activations and father and son camps.

Baqhawafazi is a movement that seeks to raise awareness against gender based violence, intimate partner violence and femicide in South Africa. It is comprised of testimonials telling the untold stories of GBVF through raw footage from survivors of GBVF. Some of the activities implemented include The Survivors Guild- August 2021, A walk fit for purpose- August 2021, Digital Content on Social Media pages – September 2021, Filming and production of interviews – September 2021, Media Placement- Erection of billboards and Street pole ads- September 2021.

Reply:

The honorable member should note that the site is privately owned, although the South African Heritage Resources Agency (SAHRA) and the Free State Provincial Heritage Resources Authority (FSPHRA) can declare the sites at provincial or national level, the owner reserves the right to admission.

It is our considered view that a negotiated Management Conservation Management Plan (CMP) can aid an amicable agreement. The site is nominated and served at the Free State Provincial Heritage Resources Authority (FSPHRA) grading and declaration committee.

• The Committee considered giving this site a Grade II status due to its importance to people in the Free State and recommend that an application be submitted to South African Heritage Resources Agency (SAHRA) for Grade I due to the site’s national significance.
• The FSPHRA is will meet with Setsoto Municipality to discuss and to map a way forward regarding the protection of the site.

Reply:

1. The Department will conduct an independent investigation into the double payment to one beneficiary. This is scheduled to conclude by end of April 2022.

2. Only (iv) person in the employ of the State in any capacity, is applicable as part of the findings related to Tourism Relief Fund (TRF). The Department is liaising with the Accounting Officers of the Directors/Owners of such beneficiary businesses to establish whether they had permission to conduct business. This is scheduled to conclude in March 2022 and the outcome will guide the department’s actions.

Reply:

(1) &(2). Yes, I will provide Mr.Mhlongo with the required information, see attached documents

CASES BY ARTS SECTOR	REASON FOR EACH CASE
Timbila TA Afrika // Minister of Arts and Culture	The matter emanates from the contract MOA between the Department and Limpopo Arts and Culture Youth Forum in August 2018. The plaintiff was contracted by the Beneficiary to supply the sound system, jumping castles and security.
Golola Consultancy (Pty) Ltd // Department of Arts and Culture	Department awarded a tender on 06 July 2004 to a consortium of which Golola (Pty) Ltd was a member. The tender was for the rendering of professional and technical services to the department regarding the project known as Telephone Interpreting Services of South Africa (TISSA). Golola Consultancy is suing the Minister of Arts and Culture for the alleged outstanding invoices for the services rendered in 2005. The Plaintiff withdrew the matter and tendered wasted costs and party costs. The Department is recovering the wasted cost
Government Employees Pension Fund (GEPF) // South African Broadcasting Corporation (SABC) & Others wherein the DAC has been joined as a third party	This matter concerns a 2005 lawsuit wherein the GEPF is suing the SABC for payment of arrear rental (including damages) owed by the former Bophuthatswana (BOP) Broadcasting Corporation (now part of the SABC). The lease was for a period of 20 years starting on 1/12/91 and terminating on 30/11/11. It is alleged that the National Government through the Department of Communications and the former DACST were obliged to implement Cabinet Resolutions relating to the settlement of this intergovernmental dispute. Cabinet has in fact instructed DOC and DAC to establish an adjudication and evaluation panel to ensure the protection of fiduciary duties of stakeholders and government objective to empower, support and promote SA music content
Outlook Security Services and Cleaning and Mr Collins Mabaso	The Department received copies of the pleadings from the Acting CEO of Downtown Music Hub who are the First and Second defendants in this matter and the Department and the DG Mr Mkhize are cited as the Third and Forth Defendants. Plaintiffs are suing the Defendants for the alleged breach of the security contract and claims damages in the sum of R758 000
Trade Union for Musician of South Africa (TUMSA) // Minister of Sport, Arts and Culture	Equality Court matter- TUMSA alleges that the criteria for the covid-19 relief funding unfairly discriminates against its members-a social group of musicians who have suffered financial prejudice
Guild of Choral and Indigenous Music Practitioners NPC and Thomas Kolo // Minister of Arts and Culture and Others	The Plaintiff/s brought an action against the Department alleging that the Department failed to pay the amount agreed to as per the Memorandum of Agreement
University of KwaZulu Natal // Minister of Sports Art and Culture	The Plaintiff has issued summons against the Minister for breach of contract

CASES BY PUBLIC ENTITIES	RESON FOR EACH CASE
Zixolisile Feni // Minister of Arts and Culture and PanSALB Review Application launched on 09/11/2012 at the North Gauteng High Court	The Applicant, Mr. Feni is a former employee of the PanSALB who is challenging the Ministers authority and power to appoint a Caretaker CEO of PanSALB and ultimately the decisions taken by the Caretaker CEO who is alleged not to have been appointed in compliance with the legislation.
Karabo Mbele & 17 Others // Minister of Arts and Culture, Case Number: 50349/15 High Court, PTA	Applicants (Former employees of PanSALB) instituted an application against the Minister of Arts & Culture and Others for amongst other things, to initiate an investigation to determine the fitness and suitability/ dissolution of all members of the PanSALB Board
Karabo Mbele & 20 Others // Minister of Arts and Culture, Case Number: J823/15 Labour Court , Braamfontein	The Applicants (Former employees of PanSALB) instituted an application against the Minister of Arts & Culture and Others for amongst other things, to declare as unlawful and setting aside the appointment of the Second respondent as the Acting Chief Executive Officer (CEO) of the Third Respondent(PanSALB) and directing the Second and Fourth Respondents to immediately retrospectively reinstate the Applicants.
Mbulungeni Madiba and 9 Others // Minister of Arts and Culture and 2 Others	Former Board of PanSALB is challenging the Minister’s decision to dissolve the Board of PanSALB
TN Monyela // Ditsong Museum of South Africa and the Minister of Arts and Culture	The Plaintiff, a Director at Ditsong Museum of South Africa is suing the Ditsong Museum and the Minister of Arts and Culture for damages
Atlantis Corporate Travel (Pty) Ltd // National Heritage Council (NHC) and Another	Atlantis has sued the National Heritage Council for breach of contract.
RRM Monareng // the Minister of Arts and Culture and Pan South African Language Board	The Applicant is challenging the Minister’s decision to discipline him as the CEO of PANSALB in the absence of the Board of PanSALB – Johannesburg Labour Court.
B.D Mabasa // National Library of South Africa and Others Case No: 22483/19	The Plaintiff claims that the Defendants breach the conditions of the Settlement Agreement between the him and the First Defendant (NLSA) when the First Defendant made statements in Parliament regarding the Defendant’s case and alleges that those statements were misleading and made with intention to injure the Plaintiff’s professional reputation
The National Arts Council of South Africa // The Minister of Sport, Arts & Culture and 4 Others	The Applicant brought an application to review and set aside the Public Protector’s report No. 125 of 2019/2020 dated 15 June 2020, its findings and the recommendations arising therefrom. There is no relief sought against the Minister of Sport, Arts & Culture
Classic Arms (Pty) Limited // The Minister of Sport, Arts and Culture and 3 Others	The Applicant brought an application declaring the decision of the South African Heritage Resources Agency (SAHRA) dated 14 October 2020 invalid and setting aside the decision to stop the processing of Section 32(9) permits for heritage firearms. An order ordering The National Commissioner of the South African Police Services to process permanent export applications for firearms that require Section 32(19) permits in terms of the National Heritage Resources Act of 1999
Asstej SA and Others // National Arts Council and Others	The Department of Sport, Arts and Culture has been served with papers from the High Court Western Cape Division as a Second and Third Respondents for an urgent application in reviewing and setting aside the decision of the First Respondent that is National Arts Council (“NAC”), its executive council, or any other committee or person, taken during or before March 2021, purporting to unilateral reducing the amounts to be paid to the First, Second and Third Applicants in accordance with the Grant Agreement concluded between the NAC and Applicants, for payment of amounts under Presidential Employment Stimulus Package.
National Arts Festival vs National Arts Council and Minister of Sports, Arts and Culture	The Department of Sport, Arts and Culture has been served with papers from the High Court of SA Gauteng Local Division as Second and Third Respondents for an urgent application in reviewing and setting aside the decision of the First Respondent that is National Arts Council (”NAC”), its executive council or any other committee or person, taken during or before March 2021, purporting to unilateral reducing the amounts to be paid to the first applicants in accordance with the Grant Agreement concluded between the NAC and applicant, for payment of amounts under Presidential Employment Stimulus Package. The NAF is claiming R8, 000, 000.00 from the NAC The Applicant lodged an appeal with the Minister on 12 March 2021 to set aside the decision taken by the NAC.

Sonwabile Mancontywa // Minister of Sport, Arts and Culture and National Heritage Council

The applicant brought an urgent application amongst others to declare that the Minister lacked the authority and acted ultra vires in the appointment of the administrators for the Second Respondent

VR Theatrical (Pty) Ltd and Another // National Arts Council (NAC) and Others

The Department of Sport, Arts and Culture has been served with papers from the Western Cape Division, Cape Town as Second and Third Respondents for an application amongst others reviewing and setting aside the decision of the First Respondent (the NAC), its executive council, or any other committee or person, taken during or before March 2021, purporting to unilaterally reduce amounts to be paid to the applicants in accordance with Grant Agreements concluded between the NAC and the applicants, for payment of amounts under the Presidential Employment Stimulus Package (the “Grant Agreements”).

The table below provide a summary of legal cases against public entities

NATIONAL ARTS COUNCIL
PARTIES	DESCRIPTION OF THE MATTER	STATUS OF MATTER	QUANTUM CLAIMED
NAC // National Arts Festival NPC (NAF) Gauteng Local Division Case no.: 14206/2021	High court application in terms of which the NAF sought an order declaring that the terms of the grant agreement concluded on 28.01.2021 remain in force and are binding on the NAC in particular that the NAF be entitled to grant amount of R8 000 000.00 and directing that the NAC make forthwith payment to the NAF in the amount of R5 600 000.00.	Application for special leave was dismissed by the SCA with costs.	The original claim was for R8 000.000.00 of which R3 486 400.00 has already been paid per judgment of Wepener J, balance owing in terms of judgment is R4 513 600.00 of which R3 000 000.00 was paid on 18.10.2021 and the balance is to be paid on 15.12.2021. bills of costs are to be prepared which will either be taxed or agreed upon to determine the quantum of costs.
NAC/ ASSITEJ & 2 others Western Cape (CT) Case no.: 5380/2021	High court application in terms of which ASSITEJ seek an order reviewing the NAC’s decision to reduce the amount to be paid to the applicants in accordance with the grant agreements concluded between them and the NAC; directing the NAC to abide by the grant agreements and to pay the applicants the sum of R269 810.00	The NAC has filed its answering affidavit to the claim and awaits confirmation of the allocation of a court date. The factual matrix of this matter is substantially to that in the NAF case and the outcome in that case although not binding on the court in a different jurisdiction will have significant persuasive influence.	Total combined claim is R269 810.00 plus costs.
NAC/ Schoeman Smit	High court application (combined with VR Theatrical) in terms of which an order reviewing the NAC’s decision to reduce the amount to be paid to the applicants in accordance with the grant agreements concluded between	Application	Claim R200 000.00.

NATIONAL ARTS COUNCIL
PARTIES	DESCRIPTION OF THE MATTER	STATUS OF MATTER	QUANTUM CLAIMED
	them and the nac; directing the nac to abide by the grant agreements.
NAC/ VR Theatrical	High court application (combined with smit) in terms of which an order reviewing the NAC’s decision to reduce the amount to be paid to the applicants in accordance with the grant agreements concluded between them and the NAC; directing the NAC to abide by the grant agreements.		Claim R389 840.00
Downtown Music Hub // NAC gauteng local division case no.: 39800/2021	High court application in terms of which downtown seek relief on the basis that the NAC provide downtown with a contract for the approved stream 1 relief and pursuant thereto that the NAC pay downtown an amount of R8 289 493.00	Answering affidavit filed on 15.10.2021. await applicant’s replying affidavit.	Claim per nom is R8 289 493.00.

NATIONAL FILM AND VIDEO FOUNDATION
PARTIES	DESCRIPTION OF THE MATTER	STATUS OF MATTER	QUANTUM CLAIMED
Golden Nugget / NFVF	On 05 March 2020, the NFVF entered into a service level agreement with Golden Nugget for the latter to source sponsorships and assist the former with the production of the 14th Annual South African Film and Television Awards (SAFTAs) as a project manager. The SAFTAs were scheduled to take place on 27 and 28 March 2020 at the Sandton Convention Centre, with the production cost funded from the sourced funds by the service provider as sponsorship. On 12 March 2020, the NFVF received a letter from the service provider requesting an advance of R2 645 000.00 against Purchase Orders received from prospective sponsors. The NFVF agreed to advance the funds upon the conclusion of an addendum to the service level agreement and on the premise that the NFVF will not incur production costs. When awards were cancelled Golden nuggets returned only R1 150 000. NFVF withheld the commission in lieu of monies owed. The service provider then instituted legal claim against the NFVF for general damages and loss of income.	The Matter has gone for pre-trial, however NFVF still hope to settle the matter through mediation and arbitration.	R 31 009 018

IZIKO MUSUEMS OF SOUTH AFRICA
PARTIES	DESCRIPTION OF THE MATTER	STATUS OF MATTER	QUANTUM CLAIMED
Iziko	Alleged copyright infringement relating to an image use of an individual used on a poster by Iziko	Case not pursued since no further correspondence has been received from the claimant	Unknown

(2) Whether he will provide Mr T W Mhlongo with (a) a list of all court cases that have been brought by the arts sector against (i) his department and (ii) the entities reporting to him and (b) the reasons for each of the cases; if not, why not; if so, what are the relevant details?

CASES BY ARTS SECTOR	REASON FOR EACH CASE
Timbila TA Afrika // Minister of Arts and Culture	The matter emanates from the contract MOA between the Department and Limpopo Arts and Culture Youth Forum in August 2018. The plaintiff was contracted by the Beneficiary to supply the sound system, jumping castles and security.
Golola Consultancy (Pty) Ltd // Department of Arts and Culture	Department awarded a tender on 06 July 2004 to a consortium of which Golola (Pty) Ltd was a member. The tender was for the rendering of professional and technical services to the department regarding the project known as Telephone Interpreting Services of South Africa (TISSA). Golola Consultancy is suing the Minister of Arts and Culture for the alleged outstanding invoices for the services rendered in 2005. The Plaintiff withdrew the matter and tendered wasted costs and party costs. The Department is recovering the wasted cost
Government Employees Pension Fund (GEPF) // South African Broadcasting Corporation (SABC) & Others wherein the DAC has been joined as a third party	This matter concerns a 2005 lawsuit wherein the GEPF is suing the SABC for payment of arrear rental (including damages) owed by the former Bophuthatswana (BOP) Broadcasting Corporation (now part of the SABC). The lease was for a period of 20 years starting on 1/12/91 and terminating on 30/11/11. It is alleged that the National Government through the Department of Communications and the former DACST were obliged to implement Cabinet Resolutions relating to the settlement of this intergovernmental dispute. Cabinet has in fact instructed DOC and DAC to establish an adjudication and evaluation panel to ensure the protection of fiduciary duties of stakeholders and government objective to empower, support and promote SA music content
Outlook Security Services and Cleaning and Mr Collins Mabaso	The Department received copies of the pleadings from the Acting CEO of Downtown Music Hub who are the First and Second defendants in this matter and the Department and the DG Mr Mkhize are cited as the Third and Forth Defendants. Plaintiffs are suing the Defendants for the alleged breach of the security contract and claims damages in the sum of R758 000
Trade Union for Musician of South Africa (TUMSA) // Minister of Sport, Arts and Culture	Equality Court matter- TUMSA alleges that the criteria for the covid-19 relief funding unfairly discriminates against its members-a social group of musicians who have suffered financial prejudice
Guild of Choral and Indigenous Music Practitioners NPC and Thomas Kolo // Minister of Arts and Culture and Others	The Plaintiff/s brought an action against the Department alleging that the Department failed to pay the amount agreed to as per the Memorandum of Agreement
University of KwaZulu Natal // Minister of Sports Art and Culture	The Plaintiff has issued summons against the Minister for breach of contract

CASES BY PUBLIC ENTITIES	RESON FOR EACH CASE
Zixolisile Feni // Minister of Arts and Culture and PanSALB Review Application launched on 09/11/2012 at the North Gauteng High Court	The Applicant, Mr. Feni is a former employee of the PanSALB who is challenging the Ministers authority and power to appoint a Caretaker CEO of PanSALB and ultimately the decisions taken by the Caretaker CEO who is alleged not to have been appointed in compliance with the legislation.
Karabo Mbele & 17 Others // Minister of Arts and Culture, Case Number: 50349/15 High Court, PTA	Applicants (Former employees of PanSALB) instituted an application against the Minister of Arts & Culture and Others for amongst other things, to initiate an investigation to determine the fitness and suitability/ dissolution of all members of the PanSALB Board
Karabo Mbele & 20 Others // Minister of Arts and Culture, Case Number: J823/15 Labour Court , Braamfontein	The Applicants (Former employees of PanSALB) instituted an application against the Minister of Arts & Culture and Others for amongst other things, to declare as unlawful and setting aside the appointment of the Second respondent as the Acting Chief Executive Officer (CEO) of the Third Respondent(PanSALB) and directing the Second and Fourth Respondents to immediately retrospectively reinstate the Applicants.
Mbulungeni Madiba and 9 Others // Minister of Arts and Culture and 2 Others	Former Board of PanSALB is challenging the Minister’s decision to dissolve the Board of PanSALB
TN Monyela // Ditsong Museum of South Africa and the Minister of Arts and Culture	The Plaintiff, a Director at Ditsong Museum of South Africa is suing the Ditsong Museum and the Minister of Arts and Culture for damages
Atlantis Corporate Travel (Pty) Ltd // National Heritage Council (NHC) and Another	Atlantis has sued the National Heritage Council for breach of contract.
RRM Monareng // the Minister of Arts and Culture and Pan South African Language Board	The Applicant is challenging the Minister’s decision to discipline him as the CEO of PANSALB in the absence of the Board of PanSALB – Johannesburg Labour Court.
B.D Mabasa // National Library of South Africa and Others Case No: 22483/19	The Plaintiff claims that the Defendants breach the conditions of the Settlement Agreement between the him and the First Defendant (NLSA) when the First Defendant made statements in Parliament regarding the Defendant’s case and alleges that those statements were misleading and made with intention to injure the Plaintiff’s professional reputation
The National Arts Council of South Africa // The Minister of Sport, Arts & Culture and 4 Others	The Applicant brought an application to review and set aside the Public Protector’s report No. 125 of 2019/2020 dated 15 June 2020, its findings and the recommendations arising therefrom. There is no relief sought against the Minister of Sport, Arts & Culture
Classic Arms (Pty) Limited // The Minister of Sport, Arts and Culture and 3 Others	The Applicant brought an application declaring the decision of the South African Heritage Resources Agency (SAHRA) dated 14 October 2020 invalid and setting aside the decision to stop the processing of Section 32(9) permits for heritage firearms. An order ordering The National Commissioner of the South African Police Services to process permanent export applications for firearms that require Section 32(19) permits in terms of the National Heritage Resources Act of 1999
Asstej SA and Others // National Arts Council and Others	The Department of Sport, Arts and Culture has been served with papers from the High Court Western Cape Division as a Second and Third Respondents for an urgent application in reviewing and setting aside the decision of the First Respondent that is National Arts Council (“NAC”), its executive council, or any other committee or person, taken during or before March 2021, purporting to unilateral reducing the amounts to be paid to the First, Second and Third Applicants in accordance with the Grant Agreement concluded between the NAC and Applicants, for payment of amounts under Presidential Employment Stimulus Package.
National Arts Festival vs National Arts Council and Minister of Sports, Arts and Culture	The Department of Sport, Arts and Culture has been served with papers from the High Court of SA Gauteng Local Division as Second and Third Respondents for an urgent application in reviewing and setting aside the decision of the First Respondent that is National Arts Council (”NAC”), its executive council or any other committee or person, taken during or before March 2021, purporting to unilateral reducing the amounts to be paid to the first applicants in accordance with the Grant Agreement concluded between the NAC and applicant, for payment of amounts under Presidential Employment Stimulus Package. The NAF is claiming R8, 000, 000.00 from the NAC The Applicant lodged an appeal with the Minister on 12 March 2021 to set aside the decision taken by the NAC.
Sonwabile Mancontywa // Minister of Sport, Arts and Culture and National Heritage Council	The applicant brought an urgent application amongst others to declare that the Minister lacked the authority and acted ultra vires in the appointment of the administrators for the Second Respondent
VR Theatrical (Pty) Ltd and Another // National Arts Council (NAC) and Others	The Department of Sport, Arts and Culture has been served with papers from the Western Cape Division, Cape Town as Second and Third Respondents for an application amongst others reviewing and setting aside the decision of the First Respondent (the NAC), its executive council, or any other committee or person, taken during or before March 2021, purporting to unilaterally reduce amounts to be paid to the applicants in accordance with Grant Agreements concluded between the NAC and the applicants, for payment of amounts under the Presidential Employment Stimulus Package (the “Grant Agreements”).

(2) Whether he will provide Mr T W Mhlongo with (a) a list of all court cases that have been brought by the arts sector against (i) his department and (ii) the entities reporting to him and (b) the reasons for each of the cases; if not, why not; if so, what are the relevant details?

CASES BY ARTS SECTOR	REASON FOR EACH CASE
Timbila TA Afrika // Minister of Arts and Culture	The matter emanates from the contract MOA between the Department and Limpopo Arts and Culture Youth Forum in August 2018. The plaintiff was contracted by the Beneficiary to supply the sound system, jumping castles and security.
Golola Consultancy (Pty) Ltd // Department of Arts and Culture	Department awarded a tender on 06 July 2004 to a consortium of which Golola (Pty) Ltd was a member. The tender was for the rendering of professional and technical services to the department regarding the project known as Telephone Interpreting Services of South Africa (TISSA). Golola Consultancy is suing the Minister of Arts and Culture for the alleged outstanding invoices for the services rendered in 2005. The Plaintiff withdrew the matter and tendered wasted costs and party costs. The Department is recovering the wasted cost
Government Employees Pension Fund (GEPF) // South African Broadcasting Corporation (SABC) & Others wherein the DAC has been joined as a third party	This matter concerns a 2005 lawsuit wherein the GEPF is suing the SABC for payment of arrear rental (including damages) owed by the former Bophuthatswana (BOP) Broadcasting Corporation (now part of the SABC). The lease was for a period of 20 years starting on 1/12/91 and terminating on 30/11/11. It is alleged that the National Government through the Department of Communications and the former DACST were obliged to implement Cabinet Resolutions relating to the settlement of this intergovernmental dispute. Cabinet has in fact instructed DOC and DAC to establish an adjudication and evaluation panel to ensure the protection of fiduciary duties of stakeholders and government objective to empower, support and promote SA music content
Outlook Security Services and Cleaning and Mr Collins Mabaso	The Department received copies of the pleadings from the Acting CEO of Downtown Music Hub who are the First and Second defendants in this matter and the Department and the DG Mr Mkhize are cited as the Third and Forth Defendants. Plaintiffs are suing the Defendants for the alleged breach of the security contract and claims damages in the sum of R758 000
Trade Union for Musician of South Africa (TUMSA) // Minister of Sport, Arts and Culture	Equality Court matter- TUMSA alleges that the criteria for the covid-19 relief funding unfairly discriminates against its members-a social group of musicians who have suffered financial prejudice
Guild of Choral and Indigenous Music Practitioners NPC and Thomas Kolo // Minister of Arts and Culture and Others	The Plaintiff/s brought an action against the Department alleging that the Department failed to pay the amount agreed to as per the Memorandum of Agreement
University of KwaZulu Natal // Minister of Sports Art and Culture	The Plaintiff has issued summons against the Minister for breach of contract

CASES BY PUBLIC ENTITIES	RESON FOR EACH CASE
Zixolisile Feni // Minister of Arts and Culture and PanSALB Review Application launched on 09/11/2012 at the North Gauteng High Court	The Applicant, Mr. Feni is a former employee of the PanSALB who is challenging the Ministers authority and power to appoint a Caretaker CEO of PanSALB and ultimately the decisions taken by the Caretaker CEO who is alleged not to have been appointed in compliance with the legislation.
Karabo Mbele & 17 Others // Minister of Arts and Culture, Case Number: 50349/15 High Court, PTA	Applicants (Former employees of PanSALB) instituted an application against the Minister of Arts & Culture and Others for amongst other things, to initiate an investigation to determine the fitness and suitability/ dissolution of all members of the PanSALB Board
Karabo Mbele & 20 Others // Minister of Arts and Culture, Case Number: J823/15 Labour Court , Braamfontein	The Applicants (Former employees of PanSALB) instituted an application against the Minister of Arts & Culture and Others for amongst other things, to declare as unlawful and setting aside the appointment of the Second respondent as the Acting Chief Executive Officer (CEO) of the Third Respondent(PanSALB) and directing the Second and Fourth Respondents to immediately retrospectively reinstate the Applicants.
Mbulungeni Madiba and 9 Others // Minister of Arts and Culture and 2 Others	Former Board of PanSALB is challenging the Minister’s decision to dissolve the Board of PanSALB
TN Monyela // Ditsong Museum of South Africa and the Minister of Arts and Culture	The Plaintiff, a Director at Ditsong Museum of South Africa is suing the Ditsong Museum and the Minister of Arts and Culture for damages
Atlantis Corporate Travel (Pty) Ltd // National Heritage Council (NHC) and Another	Atlantis has sued the National Heritage Council for breach of contract.
RRM Monareng // the Minister of Arts and Culture and Pan South African Language Board	The Applicant is challenging the Minister’s decision to discipline him as the CEO of PANSALB in the absence of the Board of PanSALB – Johannesburg Labour Court.
B.D Mabasa // National Library of South Africa and Others Case No: 22483/19	The Plaintiff claims that the Defendants breach the conditions of the Settlement Agreement between the him and the First Defendant (NLSA) when the First Defendant made statements in Parliament regarding the Defendant’s case and alleges that those statements were misleading and made with intention to injure the Plaintiff’s professional reputation
The National Arts Council of South Africa // The Minister of Sport, Arts & Culture and 4 Others	The Applicant brought an application to review and set aside the Public Protector’s report No. 125 of 2019/2020 dated 15 June 2020, its findings and the recommendations arising therefrom. There is no relief sought against the Minister of Sport, Arts & Culture
Classic Arms (Pty) Limited // The Minister of Sport, Arts and Culture and 3 Others	The Applicant brought an application declaring the decision of the South African Heritage Resources Agency (SAHRA) dated 14 October 2020 invalid and setting aside the decision to stop the processing of Section 32(9) permits for heritage firearms. An order ordering The National Commissioner of the South African Police Services to process permanent export applications for firearms that require Section 32(19) permits in terms of the National Heritage Resources Act of 1999
Asstej SA and Others // National Arts Council and Others	The Department of Sport, Arts and Culture has been served with papers from the High Court Western Cape Division as a Second and Third Respondents for an urgent application in reviewing and setting aside the decision of the First Respondent that is National Arts Council (“NAC”), its executive council, or any other committee or person, taken during or before March 2021, purporting to unilateral reducing the amounts to be paid to the First, Second and Third Applicants in accordance with the Grant Agreement concluded between the NAC and Applicants, for payment of amounts under Presidential Employment Stimulus Package.
National Arts Festival vs National Arts Council and Minister of Sports, Arts and Culture	The Department of Sport, Arts and Culture has been served with papers from the High Court of SA Gauteng Local Division as Second and Third Respondents for an urgent application in reviewing and setting aside the decision of the First Respondent that is National Arts Council (”NAC”), its executive council or any other committee or person, taken during or before March 2021, purporting to unilateral reducing the amounts to be paid to the first applicants in accordance with the Grant Agreement concluded between the NAC and applicant, for payment of amounts under Presidential Employment Stimulus Package. T he NAF is claiming R8, 000, 000.00 from the NAC The Applicant lodged an appeal with the Minister on 12 March 2021 to set aside the decision taken by the NAC.
Sonwabile Mancontywa // Minister of Sport, Arts and Culture and National Heritage Council	The applicant brought an urgent application amongst others to declare that the Minister lacked the authority and acted ultra vires in the appointment of the administrators for the Second Respondent
VR Theatrical (Pty) Ltd and Another // National Arts Council (NAC) and Others	The Department of Sport, Arts and Culture has been served with papers from the Western Cape Division, Cape Town as Second and Third Respondents for an application amongst others reviewing and setting aside the decision of the First Respondent (the NAC), its executive council, or any other committee or person, taken during or before March 2021, purporting to unilaterally reduce amounts to be paid to the applicants in accordance with Grant Agreements concluded between the NAC and the applicants, for payment of amounts under the Presidential Employment Stimulus Package (the “Grant Agreements”).

Reply:

1. (a) There is no construction of a Resistance and Liberation Museum in the Eastern Cape.

b) When Cabinet approved the implementation of the recommendations of the feasibility study to establish a Resistance and Liberation Movement Museum called for by the Inter-Ministerial Committee, the purpose and rationale was that there is no museum expressing the horror of colonialism and apartheid without sanitization. The feasibility study acknowledged the existence of museums on the liberation struggle but these museums deal with specific aspects of the liberation struggle and do not depict the liberation struggle in an unsanitised manner so that current and future generations have a full understanding of the price paid for a democratic dispensation. Cabinet approved that this museum be developed in Tshwane.

2. The feasibility study to establish a Resistance and Liberation Movement Museum called for by the Inter-Ministerial Committee and approved by Cabinet, found that the establishment of such a museum was viable and feasible.

Reply:

a) My Department promote and support the creative sector by providing funding to Entities reporting to me, these Entities then engage the creative sector to forge social cohesion and advocate against social ills. Examples on how the Department’s entities directly and indirectly support the sectror are as follows;

• The Market Theatre Foundation, is currently creating a play about gender-based violence for teenagers, to be disseminated digitally to high schools nationwide. The play is designed to help high school learners identify gender-based violence and the way it affects their lives, as well as equip them with knowledge, skills, and resources to support them in situations in which they survivors of gender-based violence. In addition, the Market Theatre Laboratory works extensively with its own students on building awareness around gender-based violence through a series of workshops. The students create plays throughout the year exploring this and other socially relevant themes. In 2021, the Market Theatre Laboratory partnered with an independent theatre company to host performances of the play “Text Me When You Arrive: a guide on how not to get raped and killed in South Africa”, a play also grappling with this theme.

The National Film and Video Foundation’s stance has been reflected through the following projects:

• Research conducted in partnership with Sisters Working in Film & TV (SWIFT) entitled “Gender Matters in the South African Film Industry” (2018) which aimed at providing information and statistics on women participation, challenges and roles in the local film industry,
• An MOU signed with SWIFT which covered amongst other things, the implementation of a Code of Good Practice: Handling Sexual Harassment in the Film and Television Industry (“The Code”) which promotes workplaces that are free of sexual harassment, where employers and employees respect one another’s integrity and dignity, their privacy, and their right to equality.
• In partnership with GIZ (Deutsche Gesellschaft für Internationale Zusammenarbeit GmbH), the NFVF institutionalised gender sensitivity training and GBV training with industry proessionals and AFDA students respectively

The Robben Island Museum hosted a social cohesion programme in the form of an Annual Spring School programme held on the island aimed at capacitating the youth and recently held one on 04 - 09 October 2021. The main objective of all the Nation Building Youth Camps facilitated by Robben Island Museum is to create an opportunity and space to debate on social ills, pertinent issues affecting communities, inclusivity and leadership skills. The theme of the 2021 Spring School was Young people acknowledging that the epidemic of gender-based violence and femicide in South Africa is a national crisis. The 2021 Spring School Programme was made possible with the support from the DSAC’s Sub-Directorate on Social Cohesion and Nation Building.

In addition to the above, other specific programmes implemented include the following:

Social Cohesion Advocates Programme

Through the Social Cohesion Advocates Programme, the Department has been able to implement GBV Dialogues and Seminars in churches, institutions of higher learning such as at then Vaal University of Technology (VUT). As part of creating platforms for promoting Social Cohesion and Nation Building Social Cohesion Advocates have engaged in After School care programmes to empower girls and young women.

During the July 2021 Unrest, Social Cohesion Advocates have been able to participate in fact finding missions. They have engaged communities in dialogues including trainings on Mediation, Conflict Resolution and Peace Building. There have also been initiatives on Healing of Memories and Trauma and Trauma Counselling session.

Preventing Gender Based Violence

Where Gender Based Violence (GBV) is concerned, the idea is to prevent it from happening as opposed to providing interventions when it has happened as that tends to be costlier and unsustainable. As the adage goes Prevention is better than cue. Communities need to understand the Concept of Gender so that they can understand why the scourge is called GBV. Capacity Building in the form of Training has therefore been engaged into including two (2) Gender Sensitisation and GGBV Workshops have been held. A Gender Sensitisation and GBV Workshop was conducted for Albinism Advocacy Access (AAA) on 20 – 22 October 2021 Another one was conducted at Inanda which is one of 30 hotspot areas in KwaZulu Natal (KZN) as communicated by the Minister of Police, Mr Bheki Cele. The Department intends massifying these awareness creation workshops including in areas such as Delft and Lusikisiki.

Funding to Non Profit Organisations

Over and above these, the Departments funds several Non Profit organisations that encourage Prevention of GBV. In this financial year, three (3) such organizations. These organisations have programmes such as After school Programmes that reduce the exposure of children to GBV plus unwanted and or unplanned pregnancies.

Campaigns led by the Department

The Department has also engaged in active campaigns such as The Orange Day Campaign which marks the 25th as a day to wear orange and unite to end violence Against women and Girls (VAWG). This way, on a monthly basis, 365/24/7. we are able to promote the message of GBV prevention as opposed to focusing exclusively on 16 Days of Activism on No Violence Against Women and Children (VAWC). This also ensures that there is monitoring of progress especially as DSAC reports on a monthly basis to the Department of Women Youth and People with Disabilities, under Pillar 2 of the Gender Based Violence National Strategic Plan 2030.

Further, Department has launched two programmes in an aid to raise awareness against GBVF. The programmes are Golekane and Baqhawafazi. Golekane is a campaign which endorses a call to action for men by men to end GBVF through behavioural dialogs, panel discussions, grassroots anti GBVF activations and father and son camps.

Baqhawafazi is a movement that seeks to raise awareness against gender based violence, intimate partner violence and femicide in South Africa. It is comprised of testimonials telling the untold stories of GBVF through raw footage from survivors of GBVF. Some of the activities implemented include The Survivors Guild- August 2021, A walk fit for purpose- August 2021, Digital Content on Social Media pages – September 2021, Filming and production of interviews – September 2021, Media Placement- Erection of billboards and Street pole ads- September 2021.

Reply:

1. Not all of the sport and recreation bodies have received the grants for 2021/2022 financial year.

(a). Before the 2020/2021 financial, this prior to the COVID-19 Pandemic the Department allocated funds to the sport and recreation bodies utilizing the historical data. This enabled the Department to manage the process of allocating and transferring funds with relative ease.

However, after considering the representations made by Federations through SASCOC on the devastating effects of COVID-19 the Department had to review the approach in order to respond to the immediate needs of the Federations.

Whilst in the pre COVID-19, a small portion of the grant was set aside for Administration, with the larger portion being for programmes and projects. This had to be reviewed. The priority has now been given to

(i). job retention, (ii). organizational sustainability, and (iii) programmes and projects and identified priorities.

In terms of the revised approach, the sport and recreation bodies have to submit the compliance documents as well as business plans prior to allocations being made after assessment of each application.

The Department made a call to sport and recreation bodies to submit the documents on 11 June 2021. The key documents are primarily for compliance requirements in line with particularly section 38 (1) (j) of the PFMA which requires transferring departments to ensure that funds are transferred to entities that administer sound financial management systems and controls.

It should be noted that by the 12 of October 2021 only 24 out of 68 sport and recreation bodies has submitted the documents. This made it difficult for the Department to make the allocation because ideally the total budget for sport and recreation bodies, which is R114, 142,000, should be allocated across the 68 sport and recreation bodies at the same time. This to avoid overcommitting to a selected few (24) that have complied.

In order to avoid further delays, the Department proceeded to assess the submitted applications assisted by a representative from SASCOC. This with some checks and balances to avoid the risk of over committing to the 24 bodies. We also noted that some sport and recreation bodies could not spend their entire allocated budget from the 2020 / 2021 financial year.

In this regard, these sport and recreation bodies were granted permission to roll-over the funds to the current financial year perhaps resulting in the slow process of submitting for 2021 / 2022 financial year.

(b). The dates for transfers depends on when the sport and recreation body signs and returns the Allocation Agreement which is prepared after the assessment of fully compliant documents. The Department however requires a week to process a transfer provided all compliance requirements have been fulfilled. Therefore, it is impossible to indicate specific dates on which the transfers would be made.

2(a) and (b) A list showing the status of each sport and recreation body is attached.

3. (a) The following 24 sport and recreation bodies have received allocation letters and agreements. This because they have submitted the required documents;

SPORT AND RECREATION BODY THAT HAVE RECEIVED ALLOCATION LETTERS AND AGREEMENTS

1. South African Rugby Union

2. South African Hockey Association

3. South African Gymnastics Federation

4. Sport Coaches Outreach

5. Cricket South Africa

6. South African Fencing

7. South African Handball Federation

8. Lifesaving South Africa

9. Canoeing South Africa

10. Cycling South Africa

11. South African Aerobics and Fitness Federation

12. Fencing South Africa

13. South African Baseball Union

14. Motorsport South Africa

15. Master sports South Africa

16. Sailing South Africa

17. Snow Sport

18. Transplant South Africa

19. South African Wrestling Federation

20. Volleyball South Africa

21. Gary Kirsten Foundation

22. South African Deaf Sport Federation

23. Badminton South Africa

24.South African Orienteering Federation

(3). Swimming SA only submitted their last batch of compliance documents on the 11 November 2021, which will still be adjudicated. The South African Gymnastics Federation (SAGF) submitted a Draft Financial Statements in July and the original, final Audited Financial Statements on 22 November 2021. The transfer payment for SAGF is being processed because it has been assessed and is now fully compliant. It should be noted that the Department is unable to transfer funds before the sport and recreation body meets all compliance requirement.

(4). A letter of grant allocation is issued to sport and recreation body that has submitted the required documents, and assessed by the department. As of now the following fifteen (15) sport and recreation bodies have recently submitted required documents which have been assessed and their allocation letters and agreements are being prepared;

SPORT AND RECREATION BODIES THAT HAVE RECENTLY SUBMITTED DOCUMENTS WHOSE ALLOCATIONS LETTERS AND AGREEMENTS ARE BEING PREPARED

1. Softball South Africa

2. South African of Cue Sport

3. South African Table Tennis Board

4. Karate South Africa

5. South African Football Association

6. Jukskei South Africa

7. Archery South Africa

8. Surfing South Africa

9. Athletics South Africa

10.Cycling South Africa

11. South African Sports For the Physically Disabled

12.Bowls South Africa

13. Ringball South Africa

14. South African Equestrian Federation

15. South African National Amateur Boxing Organisation

Reply:

(1)(a) The Department worked with Organised Agriculture and appointed Locust Control Contractors. Organised Agriculture submitted the names of the people to be appointed as locust control contractors for each locust district. All appointed Locust Control Contractors were trained and supplied with insecticide, spray pumps and protective clothing. Reimbursement of the Locus Control Contractors was informed by number of days worked and distance travelled.

The Helicopter Service Provider was appointed to supplement the ground control teams in reaching inaccessible areas.

The officials of the Department monitored and evaluated the locust control operations. The locust outbreak was successfully controlled in 45 locust districts in the Northern Cape Province from January 2020 to August 2021.

(b) The Department appointed a total number of 1076 Locust Control Contractors and Helicopter Service Provider to control the outbreak.

(c) The total cost of the operation for Eastern Cape, Free State, Northern Cape and Western Cape was R 74 667 464.14. It is not possible to give cost only for Northern Cape due to centralization of items such as insecticides, protective clothing, etc at the depot in the Northern Cape from where it is dispatched as required.

(2) Not all service providers were paid within 30 days. The reasons for not paying within 30 days were:

• closure of departmental buildings due to exposure to Covid-positive cases (processing of payments cannot be done remotely); and
• incorrect banking details of the service providers (which required another process of engaging the service provider).

Reply:

The data requested from 2015 is not readily available and a script has to be written to retrieve information from Socpen.  The Business Intelligence System used by SASSA for reporting was only commissioned in 2018.  This has resulted in SASSA needing to retrieve historical data from Socpen.

It is also extremely difficult to separate cases where the reason for the change of care giver is attributed to abuse of the grant, as this information is not captured on the system.  However, information will be provided on change of care givers which were processed.

The expected date by which this may be ready is 17 December 2021.

Reply:

The Department does not have a dedicated allocation within its own budget for the provision of Sports Facilities. This responsibility lies with the Local Government Sphere in terms of the Constitution. The Department however made vigorous representation to COGTA to ensure that the allocation for Sport and Recreation Infrastructure in MIG should be located within the budget in the Department responsible for Sport. COGTA however ring-fenced funding that the Department could allocate towards the construction of Sports Facilities.

1. Since the inception of the ring-fenced Municipal Infrastructure Grant (MIG) in 2016/17, the Department used as a funding mechanism for development of sport facilities in municipalities. Fifteen (15) municipalities have been allocated in the Northern Cape Province, and their list with corresponding budgets is as follows:

No	LOCAL MUNICIPALITY	DISTRICT MUNICIPALITY	PROJECT NAME	YEAR OF PROJECT	BUDGET ALLOCATED
1	Khai Ma	Namakwa	Construction of a multi-purpose sport field in Poffader	2016/17	R8,000,000.00
2	Umsobomvu	Pixley ka Seme	construction of Noupoort Community Indoor Gym	2016/17	R6,500,000.00
3	Gamagara	Johnn Taolo Gatsewe	Contruction of Kathu multi-purpose sport facility	2016/17 2018/19	R10,000,000.00 R2,009,250.00
4	Hantam	Namakwa	Construction of Calvinia Sports field	2017/18	R6,866,588.00
5	Sol Plaaitjie	Francis Baard	Refurbishment of Galeshewe stadium Construction of Florenville Swimming pool Refurbishment of De Beers Stadium	2017/18	R6,866,588.00 (Co-funding)
6	Kamiesberg	Namakwa	Upgrading of Kharkama Sport Facility	2018/19	R4,370,000.00
7	Phokwane	Francis Baard	Construction of Ganspan Sports Complex	2018/19	R11,290,750.00
8	Gasegonyane	John Taole-Gaetsewe	Upgrading and Refurbishment of Mothibastad Sports Complex	2018/19	R10,545,000.00
9	Emthanjeni	Pixley Ka Seme	Upgrading of Khwezi Sport Grounds	2019/20	R11,941,000.00
10	Dawid Kruiper	ZF Mgcawu	The development of sports ground in Rosedale	2019/20	R9,000,000.00
11	Magareng	Francis Baard	Upgrading of Ikhutseng stadium	2019/20	R8,000,000.00
12	Renosterberg	Pixley Ka Seme	Upgrading of Vanderkloof Sport Facility.	2020/21	R 11,500,000.00
13	Thembelihle	Pixley Ka Seme	Development of Steynville Sport Facility	2020/21	R 11,500,000.00
14	Khei	ZF Mgcawu	Development of Grootdrink Sport Facility.	2020/21	R 9,330,000.00
15	Nama Khoi	Namakwa	Buffelrivier Sport Facility	2020/21	R 7,500,000.00

Noteworthy to also indicate that municipalities like Siyancuma and Kamiesberg in Pixley Ka Seme District and Namakwa District respectively were also allocated during initial years of the programme, but their projects were not registered due to certain MIG requirements and their allocation went back to Department of Cooperative Governance and Traditional Affairs, and those allocations are not included in this count.

However, Kamiesberg was re-allocated in 2018/19 for Upgrading of Kharkama Sport Facility.

1. So far the Department has allocated projects in three Municipalities in Namakwa District; which are:

i) Kamiesberg – the facility built is Kharkama

ii) Khaima - allocation made for Pofadder but the Council decided to thinly spread the R 8 000 000 allocated among its three towns without consent from the Department, and this impacted negatively on deliverables.

iii) Hantam – allocation made for Calvinia sport facility but part of it was used for upgrades in Niewoudtville.

iv) Nama Khoi – the facility is built in Buffelrivier.

Reply:

(a)(i). My Department has not received a request from the Liliesleaf management and Board of Trustees for assistance to prevent closure of the museum. The department will consider such a request when it is received.

(ii) (aa) The Department has not received notification of heritage sites closing down. It should be noted that Heritage sites in the country are managed at different spheres of Government while other heritage sites are managed as private heritage sites either through Trusts or foundations.

(bb). The Department is therefore not in a position to know the number of heritage sites that are closing down.

(cc) The Department is therefore not in a position to know the names of heritage sites that are closing down.

(dd) The Department is therefore not in a position to know the locations of heritage sites that are closing down.

b). The request for operational funding for the next three years by the Steve Biko Museum is being considered by the Department. The three requests received for operational funding through the Presidential Employment Stimulus Package has been funded.

c) The Department has been affected by budget cuts due to the Covid 19 pandemic. Some of the funds had to be redirected towards the Presidential Employment Stimulus Programme (PESP), which is designed to support a spectrum of opportunities, focusing on job creation through public employment; on job retention in vulnerable sectors; on direct support to livelihood strategies; as well as on fast-tracking high-impact employment enablers. The PESP programme has already been implemented but the department will consider how best to assist heritage sites facing closure when such a request is received.

Reply:

(a) Two cases of procurement fraud were identified by the department in the past five financial years.

(b) (i) and (ii) in the first case, the official was charged with financial misconduct but resigned from the Department before the disciplinary proceedings could be finalised. The matter was subsequently reported to the South African Police Service (SAPS) for their further handling and a legal application was also made for the suspension of the contract.

In the second case, the matter was reported to the SAPS for further handling as it only involved the service provider and the project had reached conclusion.

Reply:

1. In terms of section 27 of our constitution, everyone is guaranteed the right of access to Social Security and “if needed”, social assistance. By its nature, social assistance in the form of social grants are only provided to those with low or no incomes to supplement their income. Hence, all the social grants, including the disability grant, are means tested on income; and in the case of grants for adults, on assets as well.

2. The Foster Child Grant (FCG) is slightly different from the other grants. In the case of foster care, the child is removed from their parent(s) or guardian(s) by the state and consequently is under the legal custody of the state. The maintenance of the child is thus the responsibility of the state. The state partners either with child care homes or individuals to assist, on temporary basis, with the care and protection of children in its custody, for which it provides either a subsidy (in the case of children’s homes) or a grant (in the case of person(s)

Reply:

The status remains the same as indicated to the response to question 2511. Delete the rest.

Reply:

Yes.

a) The Department of Agriculture, Land Reform and Rural Development (DALRRD) has signed agreements to implement blended finance with Land Bank and the Industrial Development Cooperation (IDC).

• The 1st Memorandum of Agreements (MOA) made and entered into between the former Department of Agriculture, Forestry and Fisheries (DAFF) and Land Bank was signed on March 2018;
• The 2nd one was a tripartite that was entered into between former DAFF, Land Bank and former Department of Rural Development and Land Reform (DRDLR) signed in September 2018; and
• The 3rd one was between DALRRD and IDC signed in March 2021.

b) Details of funding provided to farmers: Please refer to Annexure A.

ANNEXURE A OF NA-QUES 2307 OF 2021

(i) Land Bank support during the proof of concept phase (2018/2019 financial year):

Farmers supported during the proof of concept phase in 2018/19 financial year.
Province	Type of Support	Commodity	Total Value (R'000)	Approved Grant (R'000)	Approved Loan (R'000)	Amount Drawn (R’000)	Insurance (Y/N)	Permanent Jobs	Status
KwaZulu Natal	Mortgage and production loan	Sugarcane	15 000	7 000	8 000	15 000	Y	13	Operational. Although the client experienced a small fire which burnt ± 39 ha of sugar cane, ±21 ha was mature cane. On 4 November 2019 the client lodged claim against insurance for the damage to the 18 ha. Despite the above, the client is on track with farming operations and payments. The instalment has already been provided for.
Northern Cape	Mortgage and Production loan	Livestock	8 152	4 000	4 152	8 152	N	3	Operational. Although drought is still persistent in NC, supplements continue to be given to livestock and farmer drilled borehole.
Mpumalanga	Mortgage and Production loan	Mixed (crops and Livestock)	51 386	33 826	17 560	51 386	N	23	Operational. 15 Cattle were reported stolen in December 2019. 70ha under production.
North West	Mortgage and production loan.	Broilers and Cattle	10 214	2 714	7 500	10 214	N	29	Operational. Sells broilers to Supreme chickens.
North West	Mortgage and Production loan	Broilers	19 158	13 858	5 300	19 158	N	8	Operational. Sells broilers to Supreme chickens.
North West	Mortgage and Production loan	Mixed (crops and Livestock)	55 000	35 500	19 500	55 000	N	5	Operational.
Gauteng	Mortgage and Production loan	Broilers	6 852	4 710	2 142	6 852	N	7	Operational although the farmer experienced challenges with poor project management during construction of 3 poultry houses. Contract with Avon chickens.
Total			165 762	101 608	64 154	165 762		88
PS: It took the Land Bank 272 days on average from approval to disbursement.

PS: The agreement with Land Bank is still effective however, the current liquidity challenges at Land Bank has prevented Land Bank to support the farmers through Blended Finance after it was relaunched on 18 March 2021 as they are still awaiting their challenges to be resolved before supporting new transactions.

(ii) Support through IDC (the spreadsheet with details is attached)

The IDC started implementing blended finance after the re-launch by Ministers of Agriculture, Land Reform and Rural Development and Trade, Industry and Competition on 18 March 2021. The following is the IDC performance since the launch:

a) DALRRD transferred R200 million to IDC in March 2021. The second Tranche will be disbursed before end November 2021;

b) The base target contribution from IDC is R4 billion and Dalrrd has committed R1 billion in five years to the IDC;

c) Approvals as at 30 September 2021 – IDC has approved total funding of R260,340 million, of which R182,340 million is loan and R78 million grant; supporting 5 enterprises and creating 128 permanent jobs as shown in the table below:

Producers supported through IDC as at end September 2021
Province	Type of support	Commodity	Total Value R'000	Grant Approved	Loan Approved	Total Drawn	Insurance (Y/N)	Permanent Jobs	Comment
KZN	Acquisition Production loan	Timber (Forestry)	25 400	10 000	15 400	0	Y	26	Expansionary acquisition
GP	Production loan (Capex & Opex)	Agro-processing (vegetables)	11 000	4 000	7 000	0	Y	32	Support working capital and machinery
MP	Production loan (Capex & Opex)	Broilers	75 400	23 000	52 400	0	Y	21	Start up: 360 000 chickens per cycle
GP	Production loan (Capex & Opex)	Broilers	72 640	23 000	49 640	0	Y	25	Expansion:380 000 to 680 000 chickens per cycle
MP	Production loan (Capex & Opex)	Broilers	75 900	18 000	57 900	0	Y	24	Expansion:545 000 to 845 000 chickens per cycle
Total			260 340	78 000	182 340	0		128
Final conditions to be met before transfers are made.

Furthermore the current pipeline is as follows:

d) Eight (8) transactions are at Due diligence phase (DD) requiring R534 million and R168 million grant, creating 656 permanent jobs;

e) Transactions that have passed the deal development forum (DDF) and are moving to Due diligence phase are four (4), requiring R199 million loan and R38 million grant, creating 314 permanent jobs;

f) Lastly there are 13 transactions that are at assessment phase requiring R1, 320 billion and R337 million grant, creating 260 permanent jobs;

g) The commodities supported include poultry, beef, piggery, Horticulture, agro-processing and forestry.

ii) Jobs Fund Facility

• DALRRD has received funding amounting to R300 million from the Jobs Fund to support 108 smallholder producers towards their commercialisation. The fund received from the Jobs Fund required match funding of an equal amount of R300 million from DALRRD. A contract has been signed with the Land Bank as the authorised credit provider. The Land Bank has been appointed as the Implementing Agent for DALRRD’s Jobs Fund project.

• The R300 million from the Jobs Fund coupled with the R300 million match fund from DALRRD is allocated to producers as 50% loan and 50% grant. The loan is repayable at a 7.5% interest to be used as a revolving fund to support additional producers.

Reply:

No.

(a),(b)(i)(ii),(c)(i)(ii) Falls away.

Reply:

During June/July 2020, noting the developments in the country with the Black Lives Matter (#BLM) campaign lead taken by National Cricket player Lungi Ngidi. That triggered many allegations of racial discrimination in cricket from other former Cricket Players like Makhaya Ntini, Ashwell Prince and others, the Minister convened a meeting with sports persons who indicated their experiences of racism.

The Minister communicated with Cricket SA (CSA) to ascertain how Cricket was dealing with the matter.

Cricket South Africa responded to indicate that they developed the Integrated Transformation Strategy that was meant to ensure that players and stakeholders (including staff and fans) could raise their complaints and pro-actively address the scourge of racism and discrimination within their ranks. The Board’s intention was to deal with all matters of discrimination, racism, and privilege in cricket in general.

They indicated that in August 2020 the CSA Board approved the Cricket for Social Justice and Nation Building (SJN) Concept proposed by the Transformation Committee.

The concept included the establishment of the Office of the Transformation Ombudsman, whose core function was to manage an independent complaints system, to deal with the complaints received from the ex-players and coaches, and any stakeholder in Cricket and convene National SJN hearings. The Office of the Transformation Ombudsman is a separate entity within CSA, with powers to make recommendations to the Board and is funded by the CSA.

Advocate Dumisa Ntsebeza was appointed as the Ombudsman of the Cricket for Social Justice and Nation Building (SJN) project. Hearings were held from 20 July 2021 to 29 October 2021.

According to CSA, the report from this independent panel is expected by 10 December 20201.CSA will then consider the recommendations on all matters that stems from this report

Reply:

The Minister through the Departmental National Agencies i.e. NAC, NHC, NFVF provides funding support to all kinds of entities and arts practitioners within the specific promulgated Acts governing these the Cultural and Creative Industries in the country. These funding opportunities led by the Departmental Agencies are open to all role-players within the creative and cultural industries including the independent entities as long as they are compliant with the pronounced funding prescripts.

Reply:

Government, in terms of the National Sport and Recreation Act intervenes in the governance matters of sport when sports organisations themselves have had an opportunity to deal with whatever governance problems they encounter.

(a). With regard to SASCOC itself, the Department appointed a Task Team to help ensure that the recommendations of the Zulman Committee of Enquiry on governance are being implemented. Indeed, a final meeting is being planned on the matter between SASCOC and the Department.

Our agreement with SASCOC is that they first deal with challenges within National Federations on their own, before escalating them to the Department should they fail to resolves the issues. The Department is limited in its capacity and authority to deal with the matter directly.

(b). Several incidents relating to governance like in Basketball South Africa, have indeed brought to the attention of the Minister. The Minister has advised SASCOC to deal with the issues. A steering committee between SASCOC, DSAC and Basketball South Africa was set up that finalised a roadmap towards the successful Annual General meeting that ushered in new Provincial Affiliates and a new National Executive Committee.

In some cases, like in Cricket SA Minister has had to deal with them from his office and to that end, a new Board is in place based on the Nicholson Committee of Enquiry recommendations, and the organisation is now on an upward trajectory.

With regard to Transformation, a Transformation Commission, known as the Eminent Persons Group (EPG), is already in place, which developed the requisite templates to track progress in transformation and ensures that these are completed annually with recommendations being sent to the Minister for possible action.

National Federations that do not meet their own self-set transformation targets are liable to a range of penalties that are applied at the discretion of the Minister.

In terms of MOAs between DSAC (former SRSA), SASCOC and the 19 audited national federations in relation to the transformation of their respective sport, SASCOC has to assist DSAC in the proper implementation and execution of the project by the national federation. They have to further assist DSAC to coordinate and give effect to the satisfactory and proper implementation and execution of the EPG Audit Report and the undertakings by the national federation as and when required by DSAC in writing.

Reply:

1. We appoint people to the boards and councils who have applied. To my recollection there is no law that forbids a person from serving in more than one council or board.

Reply:

The South African Sports Confederation and Olympic Committee (SASCOC) in its response indicated the following;

1)(a)(i). Each Athlete received a flat allowance of 400USD for their attendance at both the Olympics and Paralympics Games.

(a)(ii).The SASCOC President received a daily allowance of 350USD for each of the games. SASCOC policy provides that the President is to receive a daily allowance of 500USD. However, the Finance Committee has requested that the entire policy be reviewed and in the interim, subject to this review, the Presidents allowance be reduced to the second tier level as per the policy.

The SASCOC Policy Development Commission is currently undertaking a rewrite of all policies and the SASCOC Remunerations Committee will be attending to the review of all policies related to board and staff allowances and remuneration.

(b)(i). The total allowances paid are as follows:-

Athletes at Olympics Games: 72 000usd (180 x 400)

Athletes at Paralympics Games: 14 400usd (36 x 400)

(b)(ii). The total allowances paid to the Board President is as follows:-

Olympics: 5 512.50USD

Paralympics: 4 462.50USD

(2) No other SASCOC elected and/or appointed Board member attended the Tokyo Games

Reply:

1. (a) The Tourism Relief Fund (TRF) processes were put in place based on segregation of responsibilities as a control measure. These enabled the separation of application processing, verification, evaluation, validation and approval through different functionaries. Furthermore, payments were completely separated and processed through South African Tourism.

(b) The TRF was a once off capped grant assistance to Small Micro and Medium Sized Enterprises (SMMEs) in the tourism sector relief funding measure implemented during 2020/21 financial year.

2.(a) The Department instituted a recovery process for part of the double payment to one beneficiary business through the State Attorney’s office. Furthermore, the Department is liaising with the Accounting Officers of those Directors/Owners identified as state employees to establish if they had permission to do business. The Department will be guided by the outcome of this process in terms of the way forward.

(b) The process with the Accounting Officers is scheduled to conclude by March 2022.

3. The independent investigation into the double payment (R50 000) is scheduled to conclude by end of April 2022.

Reply:

(a). My Department is not aware of the role played by the former Speaker of Parliament, Mrs. Baleka Mbete towards securing the funding for the, Actress Natasha Thahane. What we know is that Ms. Thahane made a request for financial support towards her studies at the New York Film Academy directly to me as the Minister.

This request is similar to many others that my office and the Department constantly receives from members of the public. The public does this possibly because I am the political head of the Department.

(b). The funds were for Ms. Thahane’s tuition fees at the New York Film Academy in New York (USA) and the terms for her contract with the department was for her film studies and the condition was that she should complete her studies in film.

(c). The funding was approved by Deputy Director-General (DDG/IG) for Institutional Governance branch, (as DDG for the branch in 2017).

Reply:

(a) The budget allocated to the Food Services Tourism Incubator which is being implemented in partnership with SEDA is R 6 million over two years.

(b) The programme can accommodate 100 participants.

(c) The purpose of the Tourism Food Services Incubator is to empower trained food services candidates to become owners and operators in the food services business. In view of the rising unemployment figures particularly in the tourism and hospitality industry, the Department saw it fit to maximise its investment in the food services training and skills development by supporting youth wanting to engage in new venture creation in areas where there are viable markets.

(d) The programme will be implemented over two financial years: 2021/22 and 2022/23.

 

Reply:

The National Arts Council of South Africa conducted four (04) investigations as explained hereunder:-

INVESTIGATION 1

a) Forensic audit regarding the Presidential Employment Stimulus Package at the NAC

b) (i) CEO and CFO

(ii) Appointed company was Mazars Forensic services

c) Company was appointed by Council of the National Arts Council

d) Services were advertised on 21 May 2021

e) (i) Cost of the investigation was R1572 486.08

(ii) Outcome of the investigation was as follows:

• There were several irregularities pertaining to the management of the PESP. These include financial mismanagement, process irregularities and lack of adequate oversight
• All funds have been accounted for at the NAC;
• Newly appointed Council Members (from the 1st of January 2021) were all cleared of any wrong-doing;
• The Report confirmed the findings of the State Law Advisor stating that newly appointed Council members whose organisations had applied for the PESP could not have been conflicted, as they had not commenced their appointment at the NAC at the time of applying and completion of adjudication.
• The Report however did identify conflict of interest in respect of some Former Council Members, who contravened Section 8(5) of the NAC Act by participating in the PESP processes and failing to declare their directorship in companies that applied to the PESP.
• Former Council Members disregarded their own resolution of 19 September 2020 by allowing five Council Members to actively participate in the evaluation of applications, thereby contravening the provisions of the NAC Act.
• The five former Council members were cumulatively paid R511, 452 for performing work of independent Panel Members. These payments are regarded as irregular expenditure as these Council members contravened the provisions of the NAC Act.
• Failure to meet deliverables within the timeline of the PESP Programme.
• Failure to take effective and appropriate steps to prevent irregularities in the adjudication process, including irregular spending.
• Failure to provide financial oversight regarding the implementation of the PESP within the allocated budget of R285 million, resulting in an over-commitment amount of R428,073,778 (More than double the allocated budget)

f) The Department has mandated Council to implement the recommendations of the forensic report. Disciplinary steps are currently underway.

INVESTIGATION 2

a) The investigation was to identify the person/s within the NAC who may have leaked information to the media, Sunday Times and the Sowetan.

b) (i) Ms. Molekwa, Ms. Makgoka and Ms. Diphofa.

(ii) Grant Thornton

c) The appointment was through the normal Supply Chain Management process and the appointment was signed off by the CEO.

d) The investigative service advertisement cannot be traced

e) (i). The cost for the service was R388 252.00

(ii) The outcome of the investigation was that:

• Ms. Makgoka appeared to have contravened the NAC’s Code of Ethics, Information Technology Policy and her conditions of employment by leaking confidential information.
• Ms. Molekwa appeared to have contravened the NAC’s Code of Ethics, Information Technology Policy and her conditions of employment by leaking confidential information to Ms. Makgoka as recorded in the Molemo letter of appeal.

f) The Department tasked the NAC Council to implement the recommendations of the investigation report, which led to disciplinary charges being instituted against the implicated official.

INVESTIGATION 3

a) Allegations that a grant application by the South African Roadies Association was deliberately declined because the NAC Senior Management failing to adhere to the grant funding policies of the NAC

b) (i) Ms. Mangope, Ms. Makwetla and Ms. Diphofa.

(ii) Business Innovation Group (BIG)

c) The investigation was commissioned by the Department of Sport, Arts and Culture

d) The advertisement was through Request for Quotation as it was below the threshold for open tender.

e) (i). the cost for the service was R235 812.

(ii) A report was released, and the findings included:

• DAC Management inform Mr Nyathela about the outcome of the investigation
• The DAC Management provides feedback about the outcome of the investigation to the NAC and its Board/ Council.
• The NAC conducts an audit to establish whether all awards made under the Expired projects, Surplus policy adhered to all applicable Acts and Regulations, and that the projects awarded achieved the objectives of the NAC.
• The NAC conducts training awareness and workshops with staff and other stakeholders during which the policies and procedures of the NAC are explained.
• NAC should as a matter of urgency seek legal opinion on the validity of the Expired and Surplus Policy GR003/4/2015. The policy might be in breach of the PFMA and Treasury Regulations, if funding received from the National Government is not declared and disposed of in terms of the regularity framework applicable. In addition, the policy could be used to favour particular grant applicants as the discretion for award rests solely with the NAC.

f) The NAC Council was tasked implementing the recommendations of the forensic report.

INVESTIGATION 4

a) An investigation was authorised for the following allegations: Conflict of interest involving BIG employee

Review of the awarding of a grant of R50 000.00 in 2013

Review of the awarding of a grant of R1 889 000.00 in 2016

Conflict of interest involving the CEO and Lalela Projects Administrator

b)(i), Ms. Mangope, Ms. Son and Ms. Diphofa

(ii) Gobodo Forensic and Investigative Accounting Investigations (GFIA)

c) The investigation was instructed by the Department of Sport, Arts and Culture

d) The investigation was not advertised as it was below the threshold for tendering. Request for Quotations was sourced.

e) (i) The cost for the service was R373 061 000

(ii) A report was released, and the outcome was that the CEO was charged with the following:

• • Gross Negligence
  • Gross Dishonesty
• Bringing the name of the institution/organisation into disrepute
• Failing to act in the best interest of the employer
• Contravention of section 38 (iii) of the PFMA

The Arts Development Manager was charged with the following:

• Charge 1: Approval of funding of the Lalela project whilst it was classified as an expired project
• Charge 2: Approving the Lalela project payment whilst it did not follow the proper funding application process

The CFO was charged with the following:

• The NAC charged Ms. Son for non-disclosure of her NFVF investigation. This was the only charge the NAC could pursue against the CFO.

f) The Department instructed the NAC to implement the recommendations of the report and the 3 people concerned were taken through a disciplinary process with the following outcomes:

• The CEO was exonerated from all charges, and she was recalled to resume her duties at the NAC.
• The Arts Development Manager was exonerated from all charges, and she resumed her duties immediately.
• The CFO tendered her tendered her resignation and her hearing did not sit as scheduled.

Reply:

The time frame for the finalisation of the tourism white paper review process is planned as follows:

The Department of Tourism seeks to have in place a Green Paper on the Development and Promotion of Tourism in South Africa by the end of 2021/22 financial year. Thereafter, the White Paper on the Development and Promotion of Tourism in South Africa will be ready in 2022/23.

Reply:

(1)(a) The extent of the commonage land in the Western Cape is 8 617,0442 hectares.

(b) The current usage of the land is for horticulture, crop, and livestock farming.

(2),(3) Please refer to Annexure A.

4. Yes.

• a) The land that has been invaded is Erf 3617 in Citrusdal in Clanwilliam Registration Division measuring 87,4921 hectares and which is under the ownership of Cederberg Municipality.
• b) There is a Notarial Deed registered against the property to be used only for agricultural purposes. The Department had previously supported the famers through the One Household One Hectares Programme.

ANNEXURE A OF NA-QUES 2591 0F 2021: COMMONAGE PROPERTIES

Farm/ Project name	Property Description	Hectares Acquired	Commodity	Production Type 1	Water Rights (including relevant details) Yes or No and what steps to be taken to ensure water rights	Current Situation
Vredendal Saamwerk Boerdery	The Remaining Extent of Erf 771 in Vredendal (Matzikama Municipality) in the Vanrhynsdorp registration Division	21,7302	Vegetables	Horticulture	Yes, 5ha of water rights is registered	This commonage is not in optimal use as the farmers are not using the full 21.7 ha but is farming on a piece of the adjacent land which is an airstrip. The farmers have formal leases with the Municipality.
Petersfield	Erf 3617 in Citrusdal in Clanwilliam Registration Division	87,4921	Vegetables	Horticulture	Yes, 10ha of water rights is registered	The property is under ownership of Cederberg Municipality and currently illegally occupied. Absence of formal contracts between Municipality and Farmers. There is a Notarial Deed registered against the property to be used only for agricultural purposes. The Department had previously through the One Household One Hectares Programme supported the famers.
Prince Albert Commonage	Portion 1 of the farm Damascus Nr 153, Prince Albert Municipality	5 580,3060	Crops and Livestock	Crops and Livestock	No, the land has Schedule 1 water, as it is only suitable for livestock use, therefore no water rights are required to be registered.	Commonage is still under the ownership of the Municipality and leased to farmers.
Beaufort West Commonage	Farm Bulskop No.423	2 667,0374	Red Meat	Livestock	No, the land has Schedule 1 water, as it is only suitable for livestock use, therefore no water rights are required to be registered. The Municipality has registered boreholes on the property.	Beaufort West Municipality sold the commonage to a commercial farmer to purchase Hansrivier for water for the town.
Bitou Commonage	Remainder of Farm No. 487	196,4785	Vegetables	Horticulture	Yes	Commonage transferred back to the DALRRD. This property forms part of the PLAS projects allocation done and 30 years lease signed.
Oudtshoorn Commonage	Remainder of Portion 11 of Welgemeend	64,0000	White Meat	Livestock	No, the land has Schedule 1 water, as it is only suitable for livestock use, therefore no water rights are required to be registered. The Municipality has registered boreholes on the property.	The Municipality is currently leasing the land to the Oudtshoorn community farmers farming with pigs on a three years renewal contract. DALLRD Recap branch previously tried to support famers through 1hh1ha unfortunately the program was discontinued.

Reply:

a) The National Treasury covered cost of the investigation.

b) (i) Price Waterhouse Coopers conducted the investigation;

(ii) The National Treasury appointed the investigators.

c) The National Treasury did the procurement process.

d) The recommendations of the forensic investigation were as follows:

• Disciplinary action should be taken against Ms Baduza for contravening the legislative prescripts and practice notes of SAHRA’s Supply Chain Management Policy.
• SAHRA should assess the extent to which Ms Motsisi, Ms Baduza and Anix Consulting can be held liable for the losses incurred on the project.
• SAHRA should recover the VAT overcharged by Anix Consulting and determine whether disciplinary action should be taken against the officials involved in the payment process.
• Engage with the Law enforcement agencies for them to determine whether any SAHRA official illegally benefited from the irregular appointment of Anix Consulting and extension of scope.
• Institute a further investigation into payments made to service providers (Trans Pacific, Creative Axis, and Anix Consulting) through the law enforcement agency to quantify the loss suffered by SAHRA and initiate a recovery process.
• Consult with legal advisors to determine what amounts can be claimed from Anix Consulting and to commence with this process.

.e) The Department played its oversight role to ensure that Council of SAHRA implements the recommendations of the forensic report. This has led to the dismissal of the former CEO, after undergoing a disciplinary process. In addition, the matter is currently being investigated by the Law enforcement agencies as per the recommendations of the report. The Special Investigation Unit is currently conducting further investigation on the matter under Proclamation 38 of 2019 issued on 12 July 2019.

 

Reply:

The Minister has not opposed the Culture Promotion Act 35 of 1983. The Department applies itself according to the Cultural Institutions Act 119 of 1998, which specify that Declared Cultural Institutions are the responsibility of the Department regarding funding support for operational and specific artistic activities.

For an example; several Independent entities received support in the past few months from the Presidential Employment Stimulus Program; and evidence of this is available. Further, the department opens opportunities through the different work-streams within the Mzansi Golden Economy, which are not excluding anyone in the industry; as long as they meet the set requirements. The department has multiple demands on its very limited financial resources and is not capable to cater for all. In order to afford equal opportunities for all in the entire creative and cultural landscape, including independent entities, funding entities such as NAC, NFVF, NHC etc. have been established to administer the disbursement of funding to all who meets the set out criteria. Funding efforts have been especially heightened during covid-19 pandemic.

Reply:

Yes.

a) The services provided by officials in the port of entry environment spans various areas, various legislation and some provided by the South African Health Products Regulatory Authority (SAHPRA). The nature of the various legislative mandates implemented in the border environment necessitated thorough assessment and engagements of the identified legislation to ensure relevant sections implemented within the border law environment are transferred to the Minister of Home Affairs. Engagements have had to be conducted with the Department of Home Affairs and the Border Management Authority office to ensure clear understanding of the intention so as to ensure BMA is adequately empowered with the correct provisions within the respective Acts. The SAHPRA has had to be engaged with respect to Acts enforced by the Entity and to receive their concurrence. Meetings between SAHPRA, Home Affairs and BMA have been facilitated by the department.

The department has been heavily involved in the Covid-19 response for the period under review, and that Port Health Service has been at the centre of the cross border monitoring and response to the pandemic in line with the Internaitonal Health Regulations. The Department has played a leading role in the response activities to mitigate against the spread of COVID-19 and strenghthening of our public health system in general. As we continue to respond to the COVID-19 pandemic, we experienced various challenges faced by ordinary South Africans and within our own work environment. It is my view that had things been normal, we would have responded much quicker to the section 97 proclamation as requested by the Minister of Home Affairs.

b) We await final response from SAHPRA, but are hopeful a response should be expected within the next month. It must be noted that SAHPRA has a Board and decisions are taken at the Board level. The meetings of the Board are scheduled on certain dates in a year. Fortunately SAHPRA is currently attending to the provisions of the Acts to be transferred to the Minister of Home Affairs.

 

END.

Reply:

1. UIF appointed Vindya Systems in July 2018 to support and maintain the UIF claim management system which was developed in Java. NB: that was before. Their scope of work is not to update the risk register as that is done by risk management directorate. Every month the risk register is updated by ICT risk officer and Risk Management Directorate.

2. Due to pressures to process payments the shortcomings were identified while the Fund was paying claims and continued to be addressed. The scope of work was to enable the employers to apply online since applying on email was having huge delays.

The shortcomings of the systems which were identified were addressed on the system release of the 21 September 2020. The short comings include integration with Correctional services, DPSA, live link with Home Affairs and the link with SARS.

Also the link between the DEL and Home Affairs was not sending the updates captured on Saturdays and Sunday because the old configuration of sending updates was Mondays to Fridays. The system was initially intended to be used to process claims of those who were already in the systems i.e the UIF beneficiaries which was having less risk as UIF was processing such claims.

3. The major risk identified was that employers who were not UIF contributors were also claiming at the beginning of TERS as result out of 16 000 employees applied for only 57 that were meeting all requirements to qualify for TERS. The departmental management together with UIF then took a decision not to punish employees because their employers didn’t contribute for them. That decision opened the UIF to lot of fraudulent claims as it meant that any company can claim for people that never worked for if as long as they managed to source ID numbers. More than 90% of wrongly paid people result from this decision which was not taken by ICT management of the company maintaining the system.

4. The above serves as a statement on the matter

Reply:

a) Jane Furse Memorial Hospital started to experience water shortages following the illegal connections on the main line from De Hoop Dam by the surrounding communities. The Provincial Department of Health through Water Affair Department end up contracting a service provider drilled a borehole on site. Due to challenge with water table level around Jane Furse Hospital, the borehole ran dry. The Sekhukhune District Municipality left with no choice but to fill up the hospital water storage tanks through water delivered by the contracted service provider.

b) Jane Furse Memorial Hospital had been connected to De Hoop Dam from its existence and the borehole is also connected.

c) Jane Furse Memorial Hospital is not involved in any forms of contract but Sekhukhune District Municipality. The Hospital is responsible of paying monthly bills as per the meter reading to Sekhukhune District Municipality.

END.

Reply:

Yes. The Department has the National Mental Health Policy Framework and Strategic Plan.

The number of people with severe mental disorders who do not receive the care, treatment and rehabilitation for their mental health conditions is not only high in South Africa but across the Low and middle-Income Countries. The Department of health has developed a plan to improve access to mental health services in the country and to ensure that people living with mental health conditions receive the care they need.

The plan is derived from the provisions of the Mental Health Care Act, 2002 (Act No 17 of 2002), which among others, aims to make comprehensive and quality mental health care, treatment and rehabilitation services available to the population equitably, efficiently, integrated at all levels, and in the best interest of mental health care users, within the limits of available resources.

The National Mental Health Policy Framework and Strategic Plan ,which is being updated and reviewed, further provides a blue print for strategic interventions to improve access to mental health services for the general population.

The details of the plan includes:

1. Mental health promotion and prevention of mental illness initiatives, which are not restricted to the Health Department, but integrated into policies and plans of relevant sectors, such as Social Development, Education, Correctional Services and other stakeholder departments.
2. Integration of mental health into all aspects of general health care across all levels of the health system to reduce the burden of untreated mental health conditions.
3. Ensuring that psychotropic medication as provided on the Standard Treatment Guidelines and the Essential Drug List (EDL) are available at all levels of health care.
4. Strengthening district based mental health services through establishment of district specialist mental health teams to ensure comprehensive services and integration at primary health care.
5. Enhancing institutional capacity and governance through establishment of Mental Health Review Boards in all provinces. These are quasi-judicial structures appointed by the Members of Executive Councils as prescribed in the Mental Health Care Act, 2002 (Act No 17 of 2002), to oversee that the human rights of mental health care users are upheld.
6. Improving human resource capacity for mental health services and training of health professionals including ongoing routine supervision and mentoring at all levels of the health system.
7. Strategic purchasing of services from health professionals through the NHI Conditional Grant to improve capacity for early identification, diagnosis, treatment and referral, at Primary Health Care including forensic mental health services.
8. Improving infrastructure for mental health services in Primary health care facilities, general hospitals and specialized psychiatric hospitals.
9. Development of community mental health day care and residential care facilities for people with severe mental illness and severe or profound intellectual disability
10. Strengthening Inter-sectoral collaboration to address the social determinants of mental illness
11. Ongoing surveillance and research on mental health services in the country. The Department recently conducted research on the evaluation of the health system cost on mental health services and programmes in the country; and on the mental health investment case to inform evidence based mental health plans and programmes.

END.

Reply:

Following receipt of the SIU Report (the Report) on 29 September 2021 the investigators appointed to assist the National Department of Health reviewed the Report and supplemented their legal opinion on proposed charges against implicated officials.  Charges were subsequently issued to all affected officials who are identified in the SIU and Ngubane Report’s and based on the advice from the investigators.  The Disciplinary Hearing for the affected officials has commenced and is currently underway. 

 

END.

Reply:

(a) In the financial year 2021/22, there are no new irregular expenditure cases for the two quarters reported. 

There are 8 Irregular expenditure and 25 Fruitless and Wasteful expenditure cases registered from previous financial years. 

(b)  A total of 8 irregular expenditure cases are under investigations and 25 Fruitless and wasteful expenditure cases are pending investigation. 

(c)   None has been finalised to-date, but cases are reported to our Audit and Risk Committee on a quarterly basis to ensure regular oversight on irregular, fruitless and wasteful expenditure cases. 

Delays noted in finalizing cases are mostly due to Covid-19 and the move of the Department of Health offices from the Civitas building to Dr. AB Xuma building.  

 

END.

Reply:

The details of the names and locations of the clinics are being collated in consultation with the Gauteng and the Eastern Cape Provincial Departments of Health. These details will be furnished to the Honourable Member and to Parliament as soon as they have been received from the provinces concerned.

 

END.