Questions and Replies

Reply:

1. Prior to responding to the abovementioned question by Ms N.N. Chirwa, it is important to provide the definition of Backlog maintenance court cases in the Department of Justice and Constitutional Development.
2. Backlog maintenance court cases means all maintenance cases finalized after 90 days from the date of proper service of process. This definition was developed due to the fact that the Department is alive to the provisions of Section 6 of the Children’s Act 2005, which provides that all matters affecting children must be finalized speedily and any forms of delays must be avoided.
3. Given the provisions of Section 6 of the Children’s Act 2005, and with the view to finalize all maintenance cases speedily, the Department firstly developed a key performance indicator: Percentage of maintenance cases finalized within 90 days from the date of proper service of process. With this, the Department planned to finalize maintenance cases within 90 days from the date that the Respondent/ Defaulter was served with the Directive/ Subpoena informing him or her of the maintenance claim and further calling upon him/ her to make good the maintenance claim and also provided that the Maintenance Application complied with the requirements of a complete maintenance application such as that the application has clearly outlined the details of the Defaulter / Respondent, proof of birth of the child and identity documents of the Applicant. Thus any application which does not have the required and necessary information will not be processed as it will negatively affect the investigation process.
4. Whilst the Department had developed the said Key Performance Indicator, the Department experienced severe capacity constraints and as such resolved to introduce the implementation of the said Key Performance Indicators in identified maintenance courts also referred to as Maintenance Pilot Sites. To date, there are 241 Maintenance Courts which are implementing the said Key Performance Indicator. It is envisaged that the number of the Maintenance Pilot Sites would be increased as and when the Maintenance Courts are capacitated accordingly.
5. With the view to also track the maintenance backlog cases, the Department also developed the Key Performance Indicator: Percentage of Maintenance Backlog cases finalized. The said Key Performance Indicator has been introduced in the Branch Operational Plan of Court Service and this assist the Department to track backlog cases and prioritize them accordingly.
6. To date there are 2905 backlog cases (that is cases which were received in the 241 Maintenance Pilot Sites and which could not be finalized within 90 days from the date of proper service of process).
7. The above backlog cases were received between the periods 2008 to 2021. The reasons for the cases not being finalized within 90 days from the date of proper service of process were also analyzed and it was found that they could not be finalized due to the whereabouts of the Respondents/ Defaulters being unknown and as such they could not be served with the Subpoenas / Directives. It should further be noted that due to the nature of the maintenance processes, the non-service of the subpoenas and directive on the Defaulter means that the maintenance case will not be hearing ripe and as such cannot be finalized. Furthermore, the backlog was also occasioned by postponements as a result of incomplete investigation of the cases. Since the introduction of the Maintenance Defaulters Track and Trace System the courts have also experienced delays in obtaining information from the Information Storing Institutions such as Banks and CIPC.
8. The Department plans to deal with the backlog cases by training the Maintenance Officers and Maintenance Investigators on the utilization of civil remedies, forensic investigation and child forcedness. This will ensure that maintenance cases are prioritized.
9. The Department will also train the Maintenance Officers on the utilization of the Interim Maintenance Orders option pending the finalization of investigations.
10. The Department also plans to strengthen the Maintenance Defaulters Track and Trace System.
11. The Department will also fill some of the vacant Maintenance Officers’ vacant position progressively.

Reply:

1. On 18 December 2020 the Supreme Court of Appeal made the following orders in the matter of President of the RSA and Another v Women’s Legal Centre Trust and Others 612/19) [2020] ZASCA 177; [2021] 1 All SA 802 (SCA); 2021 (2) SA 381:

1.1 The Marriage Act 25 of 1961 (the Marriage Act) and the Divorce Act 70 of 1979 (the Divorce Act) are declared to be inconsistent with ss 9, 10, 28 and 34 of the Constitution of the Republic of South Africa, 1996, in that they fail to recognise marriages solemnised in accordance with Sharia law (Muslim marriages) as valid marriages as long as these have not been registered as civil marriages. The declaration of constitutional invalidity was referred to the Constitutional Court for confirmation.

1.2 The declarations of invalidity were suspended for a period of 24 months to enable the President and Cabinet, together with Parliament to remedy the defects by either amending existing legislation, or passing new legislation within 24 months, in order to ensure the recognition of Muslim marriages as valid marriages for all purposes in South Africa and to regulate the consequences arising from such recognition.

2. Par 1.5 of the order of the Supreme Court of Appeal of 18 December 2020 makes it clear that the orders made by the Supreme Court of Appeal were not the final word on the recognition of Muslim marriages and their consequences. Proceedings would necessarily have to be brought at the Constitutional Court for the confirmation of the declarations of unconstitutionality made by the Supreme Court of Appeal.

3. On 5 August 2021 the matter of Women’s Legal Centre Trust v President of the Republic of South Africa and Others CCT 24/21 was enrolled at the Constitutional Court for argument. The Constitutional Court heard argument and adjourned the matter for judgment.

4. The Department of Justice and Constitutional Development (DOJCD) has consequently not failed to give effect to the judgment of the Supreme Court of Appeal on the matter of the recognition of Muslim marriages and their consequences. The final judgment in the matter is awaited as it will guide further development of legislation in this regard.

5. The six-month timeframe the Honourable Mr Hendricks refers to which he notes the DOJCD had to comply with to attend to the recognition of Muslim marriages and their consequences has consequently also not yet commenced but will only commence once the Constitutional Court has ruled in the matter of Women’s Legal Centre Trust v President of the Republic of South Africa and Others CCT 24/21.

6. Marriage Laws are now the responsibility of the Minister of Home Affairs, and the necessary legislation will be introduced by that Minister.

Reply:

In respect of the South African Polica Service Amendment Bill, 2030:

(a). No, the CSPS did not meet with Gun Free SA

(i)The following stakeholders were consulted

South African Police Service

Office of the DPCI Judge

Office of the Inspector General of Intelligence

Department of Public Service and Administration

State Security Agency

National Treasury

Provincial Budget Council

Local Government Budget Forum

Heads of Departments for Community Safety in the provinces

Find here: Reply to question 1770

Reply:

Applications for pardon are considered on an individual basis based on the application made by the applicant or his/her legal representative. No application for pardon was received in respect of Mr Zuma’s conviction for the Minister’s consideration and recommendation.

My Department plays a supporting role in receiving pardon applications and processing the documents for the consideration of the President. The preparatory steps to be taken by the Minister of Justice and Correctional Services and the Department of Justice and Constitutional Development fall within the auxiliary powers of the President in the decision-making process as per the case of Minister for Justice and Constitutional Development v Chonco and Others 2010 (2) BCLR 140 (CCT).

With regard to pardons in general, the President’s power to grant pardon is derived from section 84(2)(j) of the Constitution of the Republic of South Africa, 1996 (the Constitution). The decision whether or not to grant pardon to an applicant rests solely with the President. Though there is no right to be pardoned, the function conferred on the President to make a decision entails a corresponding right to have a pardon application considered and decided upon rationally, in good faith, in accordance with the principle of legality, diligently and without delay. That decision and the constitutional responsibility for that decision, rests solely with the President as Head of State.

Reply:

In answering the above question, it is important to first understand the concept of “maintenance defaulter” in its correct perspective. A Maintenance Defaulter is a person against whom a maintenance court order has been issued but who fails to comply in full or in part with the said order for a period exceeding 10 days from the date of the issuing of the said order. The above definition therefore indicates that a distinction must be drawn between parties who fail to comply with maintenance court orders and who are simply not contributing financially to the upbringing of their children.

In this regard, the following should be noted:

1. The total number of maintenance defaulters that the Maintenance Courts has dealt with since 1 April 2021 to 30 July 2021 is 16435. Of the 16435 cases, enforcement orders in the form of Emolument attachment orders and Warrant of Attachment of Debts were issued in respect of 2555 cases.
2. The number of defaulter’s cases has increased since the outbreak of Covid 19 due to the fact that at the end of the 2020/2021 financial year, the Maintenance Courts have dealt with approximately 35 000 maintenance cases. However, the 2021/2022 financial year is left with 8 months before it comes to an end, but the figures are already drawing close to half of last year’s figures. This may be attributed to job losses as a result of Covid 19 and changes in parties’ personal circumstances.
3. New applications could not be enrolled during the first lock down which was proclaimed in March 2020. Similarly pending inquiries could not be proceeded with. The situation returned to normal with the announcement of lower alert levels. The courts are grappling with the backlog of matters which accumulate during the lockdown

 

Reply:

Through the Sustainable Infrastructure Development Symposium (SIDS) process, a number of infrastructure projects were submitted to the Investment and Infrastructure Office in the Presidency. The 276 projects received had an estimated value of R2.3 trillion. These projects were divided per sector, of which 71 were in human settlements, 64 in transport, 42 in water and sanitation, 33 in agriculture and agro-processing, 25 in energy, 7 in digital infrastructure and 34 in other sectors such as mining, tourism and environment.

In terms of the provincial spread, 57 are in KwaZulu-Natal, 40 in Gauteng, 38 in Eastern Cape, 37 in Limpopo, 23 in Western Cape, 18 in Mpumalanga, 16 for both the Free State and Northern Cape and 12 in North West. A further 19 projects cut across provincial borders and are classified as national.

These projects were evaluated by the various technical working groups and 50 were subsequently gazetted as Strategic Integrated Projects (SIPs) in line with the provisions of the Infrastructure Development Act (IDA), focusing on energy, digital infrastructure, water, transport, human settlements and agriculture and agro-processing. The balance of the 276 projects require further project preparation to progress them to bankability stage.

The details of the 50 Strategic Integrated Projects (SIPs) are contained in Government Gazette no. 43547 of 24 July 2020.

Reply:

The Magistrates Commission was ready to proceed with the disciplinary matter since the previous response after it had already appointed two Officers to Lead Evidence (OLE). In the process in getting the OLEs to be trial ready one of the OLE, Regional Magistrate Johannesburg, indicated that he will be leaving the Judiciary to go on pension during 2022 and the matter will not be finalised by the time he leaves. Based on that reason he requested to be withdrawn as OLE.

The remaining OLE, Tshwane Judicial Administrative Region acting Head, acting Chief Magistrate has also requested to be withdrawn.

His reasons were that the matter related to Mr Nzimande comprised 165 counts, inclusive of alternative charges, of which according to him, will require months of preparation. He indicated that the OLEs must be able to have the required time on hand (many months) to thoroughly prepare for this complex matter prior it even reaching a stage of being pre-trial ready. That responsibility alone is certainly not a one-man-task and definitely requires a minimum of two persons to prepare for the leading of the evidence. It is also important to note that persons appointed as OLEs should have no prior knowledge of the merits and/or evidence to the matter and thus the preparation will include working through all the evidence, the task which consist of many lever-arch files of documents and statements.

He requested to withdraw as OLE as he will not be able to find himself in a position to time-manage his personal life in order to give this matter the time that it deserves, together with some other reasons he chose not to disclose.

The Commission has approached the Department to facilitate the appointment of other component persons to lead evidence and a team has been identified for this purpose.

Reply:

During November 2020, a request was received from the National Director of Public Prosecutions (NDPP) for the extradition of Shepherd Huxley Bushiri and Mary Bushiri from the Republic of Malawi to the Republic of South Africa to stand trial on various charges. The request was subsequently delivered at the office of the Attorney-General in Malawi on 5 December 2020. The extradition hearing proceeded in the Lilongwe Magistrate’s Court in Malawi.

On 19 April 2021, the attorneys acting on behalf of the Bushiri’s argued in court that South Africa could not rely on the SADC Protocol on Extradition as the Protocol has not been domesticated in accordance with section 211 of the Republic of Malawi’s Constitution. The court ruled that even though the Protocol had not yet been domesticated, that Malawi’s Extradition Act clearly demonstrates in the First Schedule to that Act that South Africa is a designated country for purposes of extradition, and therefore ruled in favour of the prosecution.

The matter was then postponed to Friday 4 June 2021, for the extradition hearing to start. During the proceedings the defense argued that the witnesses who would testify against the Bushiri’s in South Africa should travel to Malawi to give evidence during the extradition proceedings. The Magistrate’s Court ruled in favour of the defense that the witnesses should travel to Malawi. The DPP in Malawi advised the Department that they are of the view that the Magistrate’s Court misdirected itself as regards what amounts to a preliminary inquiry, and that Section 9 of the Extradition Act of Malawi never envisaged physical presence of witnesses in court during an extradition hearing.

The Office of the DPP in Malawi filed a review application to review and set aside the Magistrate Court’s ruling. The review application was heard on 21 July 2021, and judgment is expected soon.

Reply:

1. The Department has conducted an investigation into the trend of the maintenance defaulters and found that most defaulters do not want to be found so as to avoid the maintenance inquiry processes and further that when they are found they conceal their means or distort the extent thereof so as to appear indigent and become exonerated from the liability to pay maintenance.

The investigation further revealed that there are two forms of economies in South Africa being Formal and Informal economies and as such most defaulters who claimed not to have means to pay for maintenance are within the informal economy. The business concerns are not registered for tax and the defaulters do not have bank accounts in their own names and thus making it difficult for the Maintenance Courts to process the maintenance cases.

In light of the aforesaid, the Maintenance Defaulters Track and Trace System was introduced. Initially it was introduced through the service provider who provided information of the defaulters such as full names, contact details, property ownership and business ownership.

The Department decided to strengthen the Maintenance Defaulters Track and Trace System by training the Maintenance Officers and Maintenance Investigators on the electronic system and investigation processes. So far Maintenance Investigators and Maintenance Officers in the Western Cape, Limpopo and Kwazulu-Natal provinces have been trained on Track and Trace System. Such training remains ongoing.

The officials in the Northern Cape Province were trained on 30 August to 3 September 2021.

The Department is developing a framework through which the concealment of income and assets gained in the informal economy can be traced for the courts to be able to grant maintenance orders in such cases.

2. The following challenges/ obstacles were encountered in implementing the plan:

2.1 The Department had advertised a tender for a service provider to provide On-line/Electronic Tracing Services. The Department received the bids from prospective service providers and the said bids were found to be way above the funds available on the budget for this purpose. This resulted in the tender process being suspended so as to enable the Department to approach National Treasury for additional funding of the project.

2.2 Covid-19 related challenges which resulted in the planned trainings being cancelled owing to officials going on sick leave, quarantine and self-isolation. Inter-provincial travel ban was also implemented in Gauteng and as such trainers who are based in Gauteng could not travel out of Gauteng to other provinces.

2.3 Lack of civil enforcement capacity and forensic investigation skills and capability.

2.4 Lack of tools of trade such as laptops, cellphones and motor vehicles which are necessary for Maintenance Investigators to conduct physical investigation of cases.

2.5 Introduction of the Protection of Personal Information (POPI) Act 4 of 2013 which resulted in the training format being revised.

2.6 Justice College was also approached to develop a Forensic Investigation Training for Maintenance Investigators and Officers with the objective to further strengthen the System. Justice College has advised that they will have to procure the services of the curriculum expert to assist accordingly.

Reply:

The Department does not have direct statistics on number of child marriages in the Republic as this is the responsibility of the Department of Home Affairs.

a) Education and Awareness is done on Section 12 of the Children’s Act which prohibits child marriages, engaging communities, religious and traditional leaders on the implications of child marriages as well as Section 141 that prohibits child exploitation and children engaging in exploitative child labour.

Advocacy programmes on gender equality are conducted as well as intersectoral training and capacity building to key stakeholders such as SAPS and NPA on their roles and responsibility in the prosecution of perpetrators.

The department has institutionalized 365 days education and awareness programme on violence against women and children, conducted in partnership with other relevant stakeholders to educate the communities about children’s rights, protection of the rights of children from abuse and exploitation which includes child marriages.

The department further implement social behavior change programmes such as CHOMMY, a programme that is intended to equip pre-teenagers aged 10-14 with information and life skills, YOLO- teenagers aged 15-24 which serve the same purpose as CHOMMY. There is also Men and Boys Championing Change programme that is championed by men and is intended in mobilizing other Men in the fight against GBV and HIV; ad to serve as role model for boys especially those without fathers. Boys are empowered on growing up as responsible men and how to deal with issues. Social behavior change programme further includes “Asikhulume”, an InterFaith based programmes which seeks to foster social cohesion, restore moral fibre and healing to individuals, communities and the society.

Provinces embark on skill building initiatives to empower girls, families and communities through sustainable livelihood programmes and cooperatives to reduce poverty in communities which often sees a girl child traded in.

(b) Child marriage is a multi-sectoral issue which requires collaboration with different stakeholders which include government, civil society organizations, private, business, community leadership and structures, and families.

Reply:

(1)(a) It is unknown which Security Cluster Meeting is being referred to in this parliamentary question given that many meetings were held pertaining to the reports of racial tensions in areas such as Phoenix in Durban during the unrest in July 2021.

However, government is determined to address racial tension and concrete steps taken include the following:

• A task team has been established to fast track investigations into the killings, cases are currently being heard at the Verulam Magistrates’ Court. Investigations into the killings are ongoing. The South African Police Service is a lead department in this regard.
• Provincial Government took a decision to establish committees to facilitate dialogue between affected communities. The KwaZulu-Natal Department of Education has also been roped in as schools are been affected by the racial tensions.
• Community dialogues are being facilitated by the KwaZulu-Natal Provincial Government, KwaZulu-Natal Provincial Social Cohesion and Regeneration Council.

(1)(b) Given that the meeting being referred to in this parliamentary question is unknown, details of the stakeholders who attended the meeting cannot be stated with accuracy.

(2) Since the meeting referred to in this Parliamentary Question is unknown, intention on follow-up meeting cannot be state with accuracy.

Thank You.

 

 

Reply:

The report is attached hereto as Annexure A.

Reply:

At the moment, we are busy compiling and verifying the accuracy of the information to my department by various entities across the country. Once that process is done, we will provide the Honourable Member with the proper response.

Reply:

The response from SASCOC to question no. 2066 is taking longer than anticipated. As a result, we are still waiting for a substantive response, once it has been provided my office will certainly forward it for your attention.

Reply:

1 a) The Houses have not yet been completed, however construction is still underway.

b) i) 41 Houses have been handed over to beneficiaries and they are still 237 houses to be handed over- the delay was due to community unrests which led to the contractor vacating the site. More delays were caused by additional remedial work that had to be done on some of the houses.

ii) We are following engagements between the councillor and the community to resolve any problems that they had with regards to the additional works that have to be done, a submission has been done by the Department of Human Settlements to request additional funding.

2) R 28 241 413.25

3) The contractor was paid all claims for work done and the department does not owe the contractor anything.

4) a) the delays were caused by community unrests which led to the contractors vacating site. More delays were caused by additional remedial works that had to be done on some of the houses and needed extra cost to complete them.

b) June 2021

c) the matter is no longer with both the Former MEC and Former Minister it is with The department of Human Settlements Administration and attending to resolve it. The current Acting Head of Department is addressing the outstanding variations.

 

 

Reply:

1. (a) The total number of veterinarians in the Gauteng is 28 permanent, 2 contract and 18 CCS veterinarians.

(b) (i) The current vacancy rate is 7%. There are 2 vacancies.

(ii) The two (02) vacant posts of veterinarians have been advertised, interviews conducted and appointment process is underway.

2. The number of mature veterinary livestock unit in Gauteng is 266294. With the veterinarians allocated for animal health the ratio of livestock units to veterinarians becomes 19000 livestock units to a veterinarian.

3. Compulsory Community Service for Veterinarians is a National driven program, which is implemented in all provinces. For 2021/2022 financial year, Gauteng has been allocated 18 CCS veterinarians. These have been distributed to the four (04) regional offices.

4. (a)The animal disease outbreak that occurred during the past financial year in Gauteng is African Swine Fever.

(b)There is neither treatment nor vaccine available for the disease. In instances where pig owners were cooperated, they were assisted with culling and disposal. The department conducted an extensive awareness campaign during the last quarter of the financial year. The lack of compensation for affected farmers has made it difficult for the department to convince farmers to cull their animals.

Reply:

1. (a) The total number of veterinarians in the KwaZulu-Natal (KZN) is sixteen (16).

(b) (i) The current vacant post is nine (09).

(ii) The Department is planning to recruit four (4) state veterinarians in the current financial year and then follows the next financial year.

2. One veterinarian in an average of 40 000 livestock unit.

3. The Department has implemented the Compulsory Community Service (CCS) since 2016. Currently we have received thirteen (13) veterinarians doing CCS. The department is in a process of procuring twelve (12) more prefabricated clinics to complement the five (5), procured by national department.

4. (a) The animal disease outbreak that occurred during the past financial year in KZN is Rabies, Brucellosis and Foot and Mouth Disease.

(b) Interventions are:

• • Rabies: The province conducted awareness campaigns led by Hon MEC Mrs B.N. Sithole-Moloi. Strategic vaccination campaigns across the province and worked with relevant stakeholders.
  • Brucellosis: Embarked on awareness campaigns led by Hon MEC Mrs B.N. Sithole-Moloi across the province. Sero-surveillance vaccinations across the province.
  • Foot and Mouth Disease afflicted KZN in May 2021 and continues to be a serious concern. Surveillance has been conducted and the initial large area that was declared a Disease Management Area has been reduced. Further new information and latest control measures are being employed in the management of the disease.

Reply:

Based on information received as well as a consultation with the Western Cape Provincial Department of Human Settlements, the Better Living Challenge (BLC) started in 2014 to respond to socio-economic needs of communities and to spur job creation. It was co-funded by the Western Cape Provincial Department, of Human Settlements and Economic Development and Tourism.

The target groups of the BLC are:

1. Residents who only qualify to receive a serviced site from government and are required to build their own structures,
2. Residents already living within informal settlements, to assist them to build safer structures and promote dignity by utilising the principles from the tutorials, and
3. Small-scale builders who are already assisting residents in informal areas, which are key to economic empowerment.

The Western Cape Provincial Department of Human Settlements reported that they engaged with various communities, including in Du Noon, Khayelitsha and Philippi, on their needs and priorities to design the initiative to respond to the respective requirements and attain the necessary community support. The initiative is aimed at assisting those still waiting for housing opportunities and cannot assist themselves in any other way to, in the very least, build a safer structure. The initiative has been well received by the communities and was also nominated for a Human City Design Award in 2019 hosted by the United Nations Educational, Scientific and Cultural Organisation (UNESCO) Creative Cities Network, the Human Cities Network, and the World Design Organisation.

In addition, the incubator programme facilitated the training of fifteen (15) local small-scale builders from Du Noon, Khayelitsha and Philippi in the City of Cape Town informal settlements, not only building and material-selection skills, but also entrepreneurship, sales, marketing, and personal development skills. Workshops were held with community builders and stakeholders in Sibanye in Moorreesburg and Swartland, in December 2020 as well as with other communities in Grabouw in the Theewaterskloof Municipality. The BLC, via the Cape Design Institute, also developed tutorial videos, which is aimed at small scale builders and the facilitators, including municipal housing official, within the informal settlements upgrade sector who are conducting workshops with community builders.

The Province advises that the BLC has thus far assisted many informal settlement communities directly in the Breede Valley and Drakenstein Municipalities, and the Provincial Department has also shared the initiative with Non-Governmental Organisations working within informal settlement areas, Municipal human settlements and housing officials across the Province, relevant sector Departments and the National Department of Human Settlements.

The National Department has in place policies, planning, programmes and funding interventions to ensure that informal settlements are upgraded, and this includes ensuring households are provided with security of tenure and access to water, sanitation, energy with access to socio-economic development and opportunities, to ensure an improved quality of life.

The National Department of Human Settlements will undertake further consultation with the Western Cape Province to ensure that the outcomes of the BLC are congruent with that of the policies and programmes of the Department. On this matter the Department was advised that the BLC also includes an initiative to promote adequate housing. The Department has advised the Western Cape Province, that all the outcomes of the BLC must ensure that all required minimum norms and standards of the Department as well as compliance with building regulations and specifications. In addition, the dignity of all households must be respected.

Reply:

Based on the provisions of the Residential Rent Relief Programme (RRRP), the Social Housing Regulatory Authority (SHRA), an entity of the National Department, has been appointed as the designated programme manager for the RRRP. The SHRA utilises applicable accredited Social Housing Institutions (SHI’s) or Other Development Agents (ODA’s), as the conduits to receive and submit applications on behalf and for the benefit of tenants. An SHI and/or ODA are the landlords for units regulated by the SHRA. The successful applicants are then notified, and approved payments are then made to the landlord in favour of the tenant’s account.

The National Department of Human Settlements has transferred the RRRP funds to the SHRA in the 2020/21 financial year. The SHRA has advised the Department that it has not distributed the money to the tenants of the affordable housing. However, SHRA has since procured the required resources to assist with implementation of the RRRP. To date, the SHRA has considered applications received in two rounds of requests to tenants, in the months of July 2021 and August 2021.

A total of 144 applications were received and assessed. Of these 144 applications, 54 tenants (37.5%) have been approved and are to receive a rent relief award to a total value of R324 118.53 The table below provides the details.

Table 1: Applications Rent Relief for Social Housing Tenants by province and institution - 31 August 2021

Province / Project	No. of Approved	Value of Grant Award Approved	No. of Pending Application	No. of Pending Application	Total No. of Tenant Applications
Eastern Cape	1	9 500.00	1	1	3
Housing Authority of East London	1	9 500.00	1		2
SOHCO Property Investment NPC:				1	1
Gauteng	22	142 641.25	51	19	92
Johannesburg Housing Company	3	26 600.00	22	8	33
Madulammoho Housing Association	13	80 771.25	28	8	49
Norvena Property Consortium	6	35 270.00	1	3	10
Kwazulu-Natal	6	31 567.42	1		7
KwaZulu Natal Social Housing	1	5 700.00	1		2
SOHCO Property Investment NPC:	5	25 867.42			5
Western Cape	25	140 409.86	9	8	42
Madulammoho Housing Association	19	119 559.82	8	7	34
SOHCO Property Investment NPC	6	20 850.04	1	1	8
Total	54	324 118.53	62	28	144

(a) Based on the provisions of the RRRP no funds have been disbursed in favour of the tenants to date for the following reasons:

1. The waiting period for National Treasury approval for the roll-over of funds allocated in the prior financial year is required; and

2. Lower than anticipated number of applications have been received due to lack of general awareness of the programme, and qualification criteria in terms of eligibility as per the qualification criterion which includes:

a) A tenant in good standing requirement and;

b) The period of application being 01st April 2020 to 30 September 2020

c) Many tenants were not in good standing at the start of the hard lock

down or the impacts of the COVID-19 pandemic manifesting post

September 2020

(b) Duration of the Programme

This Programme is a temporary relief measure based on the impact of the various state of disasters declared to combat the COVID-19 pandemic. Applications will only be considered until funds in terms of the funding allocation made by National Treasury in terms of reprioritised grant funding are exhausted. No expectation must be created that the Residential Rental Relief Programme will be extended beyond the approved stipulated time period, and/or exhaustion of the available funds allocated by the National Treasury

Given the intent of the programme to provide for those impacted by the state of disaster hard lockdowns in 2020, the Programme is to be rolled out within the 2021/22 year and the intention is not to extend the RRRP beyond March 2022.

(bb) Qualification Criteria

The following tenants qualify to apply for rent relief: -

• • 1. The tenant must be a South African citizen or in possession of a valid South African permanent residence permit.
    2. The tenant must have been renting the property for his/her private and primary residential use since 31 March 2020 (or before), in terms of a valid lease agreement.
    3. The tenant must have been in good standing at the date of the commencement of the state of disaster and level 5 lockdown, as at 31 March 2020.
    4. The tenant's combined gross household income must be R15 000 per month or less.
    5. The tenant must submit proof that her/his household income reduced by at least 50% due to the state of disaster resulting from the Covid - 19 pandemic - the material period for determinations of loss of income is the period for which relief is sought (and not income at the time of applications).
    6. The tenant must not have been in rental arrears, as of 29 February 2020, OR have been less than 30 days in arrears by end of March 2020.
    7. The tenant must have a repayment agreement in place.
    8. The tenant must display that she/he has been unable to pay full rental during the lockdown because of loss of income caused by the economic downturn associated with the state of disaster on the COVID-19 pandemic.
    9. The tenant must be over 18 years of age on the date of lodging an application for rent relief.
    10. The tenant must not currently own any residential property in full ownership, leasehold or deed of grant.
    11. Special Provisions:
        • The fact that a lessee may have previously benefitted from any form of housing assistance from the Government of the Republic of South Africa, shall not disqualify him/her from receiving a rent relief grant. Being a beneficiary of the Rent Relief Programme in no way whatsoever will disqualify a qualifying lessee from future participation in another National Housing Programme.
        • Preferential treatment will be given in cases of tenants who are pensioners and or disabled, or who have pensioners and/or disabled persons as part of their household

 

Reply:

An order for eviction was granted by court on 15 October 2019. The Department did not act on the order because it had not yet received the Court order from the State Attorney. The delay was caused by the fact that after matters are finalised at High Court Registry files are taken and stored somewhere.

(b)The Court order was received on 30 September 2021. The State Attorney was instructed on 8 October 2021 to instruct the Sheriff to serve the order on the respondents (unlawful farm occupiers) to give them time to vacate the farm on their own accord.

(c) On the 11 October 2021 the Sheriff of Mogwase, Northwest, served the Court order on persons who reside in villages. The same process was undertaken by the Sheriff of Thabazimbi, Limpopo on persons on the farm Nooitgedacht 11 JQ.

(d)In terms of the Court order the Sheriff is authorised to evict any occupant who fails to vacate the farm, within fourteen (14) after service of the order.

(e)The countdown commenced on the 13 October 2021 and ends on 3 November 2021.

1. If the occupants fail to vacate the farm on their own accord, the Sheriff will be instructed to execute the order by :

• 1.1 Demolishing the herdsmen’s shack erected on the farm.
• 1.2 Liaising with the nearest Poundmaster to find space where the livestock will be accommodated after removal from farm.
• 1.3 The Sheriff will, with the assistance of the South African Police Services remove the livestock from the farm, using trucks or hired trucks.
• 1.4 After removal the animals will be accommodated at the pound of the nearest

Poundmaster so that their owners can go and remove them there.

(f)In terms of the Court order, “in the event that that unlawful occupiers and any other unauthorised person fail to vacate the farm on 3 November 2021, the costs of removing, transporting and impounding the livestock are borne by the owners

thereof”.

Reply:

1. No. The Agri-Parks programme was conceptualised to be implemented through its defined three legs as outlined in the programme simultaneously. An Agri-park comprises three distinct but interrelated basic components:

• The Farmer Production Support Unit (FPSU): A rural small-holder farmer outreach and capacity building unit that links with farmers and markets. The FPSU does primary collection, some storage, some processing for the local market, and extension services including mechanisation;
• The Agri-hub (AH): A production, equipment hire, processing, packaging, logistics, innovation and training unit; and
• The Rural Urban Market Centre (RUMC): The RUMC has three main purposes. Linking and contracting rural, urban and international markets through contracts. Acts as a holding-facility, releasing produce to urban markets based on seasonal trends. Provides market intelligence and information feedback, to the AH and FPSU, using latest Information and communication technologies.

However, noting the less than desired and envisaged private sector investment and active involvement of other government departments, it became evident that implementing all three legs of the programme at the same time is not affordable. The approach of prioritising the first leg of the programme (FPSUs) became the obvious one and is what the Department of Agriculture, Land Reform and Rural Development is focusing on.

The implementation of the programme is not unfolding as originally planned but we would not classify it as a failure given the fiscal constrains the country faced post introduction of the programme.

There are success stories that can be shared with regards to Agri-Parks. One of the success stories is support provided by the African Development Bank. In an effort to build capacity of the Agri-Parks, the African Development Bank has recently approved Technical Assistance (Transaction Advisory Service MIC TAF Grant) of UA 400,000 (about R9.9 million), to support the development of two Agri-Parks, namely Tsiame Agri-Park located in the Free State Province and Springbokpan Agri-Park, located in the North -West Province. This grant is intended to upscale the South Africa Agri-Park program to the Sustainable Infrastructure Development System (SIDS) methodology at the Infrastructure Investment Office (IIO) in the Presidency. This grant will also assist with coordination, bringing the project to financial closure and provide an operations and management structure that will enable investors to provide investment funds for infrastructure development and attract private sector investment to the respective provinces.

A letter of Agreement is currently under preparation by the legal team of the African Development Bank for review and signature. Once this process is completed it is estimated that the launch will be in November 2021, whereafter the process of recruiting a Transactions Adviser will commence.

 

2. No. There has not been corruption detected or reported on the Agri-Parks.

3. No. No maladministration and incompetence have been detected or reported.

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

Reply:

1. The Foreign Placement policy stipulates the process as follows:

(a) The vacant foreign posts are advertised, shortlisting is undertaken and interviews are conducted for final selection of candidates.

(b) The advertisement shall outline the inherent requirements such as academic qualifications as well as specific attributes as per the specific job evaluation specifications that are required for each post, in accordance with the foreign mission.

2. The posts have not been advertised. The number foreign offices have been rationalized. This took into consideration the impact over the years in various foreign offices. The posts for all foreign offices are all vacant and are being advertised. Shortlisting will be done and interviews will be conducted. Candidates will be appointed from the recommended interviewed qualifying candidates.

3. The former Department of Agriculture, Forestry and Fisheries (DAFF) had a Foreign Placement Policy:

a) The Policy was periodically reviewed.

b) With the merger of the two departments, a new policy has been finalised. .

Reply:

a) The sugarcane industry is regulated by the Department of Trade, Industry and Competition (DTIC) and they have assessed the damage. Initial assessments have been undertaken and further information was also requested from the industry.

b) All those industries which were affected by the unrests will apply to the Sasria Insurance and National Empowerment Fund (NEF).

Reply:

The Minister of Public Works and Infrastructure:

a) I’ve been informed by the Department that the Department of Public Works and Roads in the North West is not aware of any investigation relating to the North West Development Corporation.

b) The Department is aware of an investigation done by the Special Investigation Unit (SIU) in line with Proclamation R21 of 2021 to investigate corruption, malpractice and maladministration in the procurement of, or contracting for works or services by and on behalf of the Department relating to:

(i) Project Management for the Transport Infrastructure Directorate of the Department;

(ii) Rehabilitation of flood damaged roads infrastructure in the North West Province and

(iii) The installation of perimeter fencing at the Eagle Waters Wildlife Resort and payments which were made in respect thereof in a manner that was contrary to applicable legislation and instructions issued by the National Treasury and relevant Provincial Treasury.

The investigation started in March 2021 and is ongoing. It is anticipated to be concluded by the end of January 2022.

Reply:

The Minister of Public Works and Infrastructure

(1) (a) I have been informed by the Department that the Council for the Built Environment’s (CBE) succession plan and other relevant HR polices are being reviewed and updated to assist with staff retention. Regarding the Chief Executive Officer (CEO) and Chief Operations Officer (COO) positions that were vacated at the end of June 2021, the CBE has advertised them. Shortlisting and interviews have been held in a bid to fast-track the filling of the posts.

(b) The CEOs that have been leaving the CBE mid-term were grounded on the following.

• CEO 1 – A 3-year contract (10 February 2004 – 09 February 2007) – Suspended on 22 August 2006 until end of contract
• CEO 2 - 4-year contract (1 August 2007 – 31 July 2011) – Requested and received approval for early release on 2 June for 30th June 2011
• CEO 3 - 5-year contract (1 May 2012 – 30 April 2017) – Suspended and dismissed on 29 August 2016
• CEO 4 – 5-year contract (01 October 2017 – 30 September 2022) – Requested to be released citing the reason for leaving being to further her studies; and
• The COO left due to a job offer in another entity.
• The Manager: Legal and Regulations, was suspended on 17 November 2020 after it came to Council’s attention that he allegedly tried to interfere with the investigation in which he was implicated through the Whistle Blower allegations of the 4th Term Council and the dismissal of the former CEO, Ms. Gugu Mazibuko. The decision to suspend the manager was taken as an administrative precaution to protect the integrity of the investigation process and to ensure that the investigation into the alleged misconduct is undertaken independently. An acting Manager was appointed into the position and his contract is renewable until the investigations are concluded.

(2) For the purposes of getting contracts from the public sector, failure to register with the Councils for the Built Environment Professions (CBEP) can make individuals unemployable. For the private sector however, the restrictions are less, although exposes companies or individuals to higher risk when deciding to use the services of persons that are not professionally registered. Mainly so, because the CBEP only regulate the conduct of registered professionals. There would be very little room for recourse for a company or individual to utilize the services of an unregistered person, because the CBEP would not be able to act against such a person should their work not conform to the required standard or endanger the public. In fact, the client would be liable should the project result in the lives of the public being put in danger as a result of the work of unregistered persons.

This is partly the reason that the policy on the Identification of Work (IDoW) has been mooted. This would assist in ensuring that people work in the areas that they are most proficient in and avoid people taking on work that is classified in the higher classes of work, for which normal professional registration would be required.

Understandably, there would be persons that have gained sufficient experience and proficiency in performing different classes of work, and an opportunity exists to be professionally registered through the path of Recognized Prior Learning (RPL). Once each of the CBEP have published their IDOW policy persons will be accorded a specific time-frame to get professionally registered. However, the challenge of enforcing this in the private sector will still remain as the Acts that established the CBEP, are mainly targeted at regulating the conduct of registered professionals only.

(3) The CBE in collaboration with the DPWI, has several initiatives to promote professional registration. Quarterly forums are convened to monitor progress on candidacy programmes and to address the bottlenecks identified. The CBE further coordinates professional registration workshops wherein, amongst other things, all Councils for the Built Environment Professions (CBEP) engage on how to simplify their professional registration processes and use uniform standards where applicable. Another initiative is the Recognition of Prior Learning (RPL) which is being incorporated by Councils in route for registration process.

Reply:

a) Nature of the specified plans

Environmental implementation plan (EIP) is required by chapter 3 of National Environmental Management Act, 107 of 1998. (NEMA). Section 11(1) of NEMA provides that every national department listed in Schedule 1 of NEMA as exercising functions which may affect the environment must within one year of the promulgation of the Act and at least every five years thereafter develop an EIP. The Department of Tourism is listed in Schedule 1 of NEMA and is thus required to develop an EIP.

In 2018 the Department of Tourism gazetted the Environmental Implementation Plan (TEIP) 2015-2020 (First edition) in fulfilment of the requirements of Section 11 (1) of National Environmental Management Act, 1998 (NEMA). The gazetted EIP reached its end of life during the end of 2019-2020 financial year. The Department of Tourism second edition EIP (2020 – 2025) is currently in the process of being gazetted.

The purpose of the EIP is to co-ordinate and harmonize environmental policies, plans, programmed and decisions of the various national departments that exercise functions that may affect the environment or are entrusted with powers and duties aimed at the achievement, promotion, and protection of a sustainable environment. It further gives effect to the principle of co-operative government in Chapter 3 of the South African Constitution.

(b) Scope of specified plans

The Tourism Environmental Implementation Plan (TEIP) contains the following:

• A description of policies, plans and programmes that may significantly affect the environment.
• A description of the manner in which policies, plans and programmes referred to above will comply with the principles set out in section 2 of NEMA as well as any national norms and standards.
• Recommendations for the promotion of the objectives and plans for the implementation of the Integrated Environmental Management (IEM) procedures and regulations referred to in Chapter 5 of NEMA.
• The 2020 - 2025 TEIP outlines 12 strategic objectives and interventions to address the key environmental impacts associated with the tourism sector’s operations.

Reply:

According to the information received from Transnet:

(1)(a) The Shareholder Ministry - the Department of Public Enterprises (DPE) - has been kept abreast of all developments pertaining to the declaration of a force majeure, following the incursion on Transnet systems that occurred on 26 July 2021. It is not accurate to suggest that the force majeure has resulted in a ports crisis. The current status of the global shipping environment has been as a result of a number of factors which are more often than not, exogenous to Transnet’s operations. The current perception of Transnet as the fault-line and the cause for a “ports crisis” is factually incorrect. 1a

(1)(b) Transnet National Ports Authority (TNPA) has engaged with the Ports Regulator of South Africa on measures to follow in the event of a similar incident recurring. 1b

(1)(c) We have provided a detailed analysis of the number of import containers that have left the country since 26 July 2021, to-date. (see the attached annexure A)

(2)(a) Transnet has engaged all affected stakeholders following the incursion on the systems.

(2)(b) Since the ICT challenges first began on Thursday 22 July 2021, Transnet Port Terminals has continued to keep all customers and stakeholders informed of the progress made, both on the ICT side and on the operational recovery. This has taken the form of daily meetings and letters, among others.

(2)(c) Whilst the frequency has declined as the crisis was addressed, as at 20 September 2021, Transnet still conducts the following stakeholder engagements:

• A daily operational meeting with port stakeholders (shipping lines, transporters, freight forwarders, TNPA, TFR, TPT)
• A weekly engagement with the citrus stakeholders
• A weekly engagement with members of Business Unity South Africa

(2)(d) Transnet will continue to engage in dedicated recovery forums, until all operations and the entire supply chain have normalised.

(3) The question should be directed to the Department of Transport as the Port Regulator of South Africa is an entity under its authority.

(4) There are a number of reasons for Shipping Lines omitting South Africa from their schedules, these include:

4.1. Omissions for shipping line convenience (trying to catch-up on schedule integrity/make the next window in the following port; profitability; inability to complete the customer’s voyage, e.g. when the vessel plans to omit a destination port in Europe).

4.2 Blank voyages (lack of vessels on a line service network e.g. there should be 7 vessels in a row to make a weekly call in every port, but due to shortages of vessels the line plans to only have 6 vessels, in order to save costs and effectively balance supply with anticipated logistics delays which may impact any one of the number of ports within the schedule).

4.3 Omissions because of delays in the port (caused by TPT operational inefficiencies/delays; wind delays; port congestion; landside congestion. It is worthwhile to note that it becomes difficult to quantify the percentage of TPT’s responsibility because all incidents (wind, operational, congestion etc) have a combined impact on the total terminal delay, resulting in decisions by the shipping line to omit. It is worthwhile to note that it becomes difficult to quantify the percentage of Transnet Port Terminals (TPT) responsibility because all incidents (wind, operational, congestion etc.) have a combined impact on the total terminal delay resulting in decisions by the shipping line to omit.

• TPT is undertaking initiatives to reduce congestion at the ports. This includes increasing equipment availability to improve productivity. The initiatives are tracked through the Durban Decongestion Workstreams, where all stakeholders participate. These include:

• Decongesting Durban Container Terminal (DCT) imports through promoting prompt evacuation in partnership with the shipping lines (carrier haulage).

• Working closely with citrus exporters to ensure the export reefers arrive within the terminal in time to make the vessel sailing deadlines.

• Mass evacuation of imports through Transnet Freight Rail (TFR) supporting the short-haul evacuation to back-of-port facilities in the greater Durban precinct.

 

 

Reply:

According to the information received from Transnet:

(a) The port networks have not been negatively impacted by the attack, as the surface area of attack was on the server domain and applications.

(b) Transnet networks were shut down in the attack to prevent the spread of the malware.

(b)(i) Through the shutdown period, some terminals operated manually, while others could not operate in manual mode, given the complexity of the operations. This impacted on vessel and truck turnaround times.

(b)(ii) No long-term impact is foreseen, as catch-up planning takes place within the terminals. No IT systems were compromised or lost at Transnet Port Terminals. We have seen similar cyber-attacks on large organisations - including shipping lines - that have recovered without a long-term negative impact on trade.

 

Reply:

According to the information received from the South African Airways:

South African Airways has not acted as an agent for any other airline and/or travel agent in the period 01 January 2021 to 15 August 2021.

2119.

Reply:

A rigorous process of assessing the state of local government (SOLG) culminated in the Cabinet considering the SOLG report in June 2021. The assessment included all service delivery issues including drainage systems in the City of Cape Town (CoCT). Cabinet resolved that the Department of Cooperative Governance and Traditional Affairs (COGTA) and National Treasury should lead the process of the development of the municipal support plans in collaboration with sector departments, SALGA, provinces and municipalities. This process is underway and the target date to complete the municipal intervention and support plans (MISP) is the end of October 2021. This MISP will include plans to address the challenges mentioned above.

As stated above, the compilation of MISP brings together all sector departments as advocated for by the District Development Model as service delivery challenges of informal settlements go beyond flooding challenges, but include lack of basic services and housing among others.

We are also planning to brief the nation on the 21 October 2021 on the seasonal weather forecast. This briefing will include the state of readiness in municipalities across provinces to deal with disasters resulting from the seasonal rainfall.

Reply:

DDM Hubs are part of the overall institutional arrangements for the implementation of the DDM. They are an extension of CoGTA capacity deployed in districts for purposes of driving the institutionalisation of the DDM and facilitating the formulation, adoption, implementation, monitoring and review of the One Plans. A DDM Hub is conceived as a functional network of support and a facilitation system for Intergovernmental Planning in relation to a specific district or metropolitan space or a combination of district spaces or metropolitan spaces. These Hubs will be established in a phased and differentiated manner across the various districts and metros taking into account the dynamics of each district and metropolitan spaces. DCoG in consultation with provinces and municipalities will determine where such hubs are needed and could potentially be established provided the required financial and funding resources are available.

To date, fully-fledge DDM Hubs have been established in the three DDM pilot sites of eThekwini metro, OR Tambo, and Waterberg districts. The Hub Managers for all three pilots are in place. Seven out of the eight approved positions have been filled in OR Tambo, the Senior Development Planner commenced duty on the 16 August 2021. Seven out of the eight positions were filled in the Waterberg District, there are challenges in filling the position of the Capacity Building Coordinator. Two out of the four approved positions for eThekwini have been filled. The Implementation Support Specialist position will be advertised based on the recruitment plan.

a) The design and composition of a DDM Hub will differ from district to district and metro to metro as demonstrated by the experiences in the three DDM pilot sites, thus influencing the capital costs for establishing these Hubs.

b) Following from the above, annual operating costs are dependent on the design and composition of a DDM Hub in terms of staff size and associated overhead costs.

c) The staffing compliment for each DDM Hub is informed by needs and skills analysis informing a recruitment plan for each of the DDM spaces in collaboration with the respective provinces and municipalities.

Reply:

The Parliamentary Question PQ 587, with its reply provided on 26 March 2021, is similar to PQ 194. The reply to PQ 194, which is attached as part of the annexure, was submitted to Parliament.

I have requested the Provincial Department to furnish further details of work done during the period in question. We will make this information and anys supporting ducuments available to the honourable member.

Reply:

1. All applications received by the Guardian’s Fund is captured on the Application Tracker System by each office. However, the Department of Justice and Constitutional Development’s Information Technology Systems are currently down, hence the inability to extract and provide such information at this stage.

2. Though various litigation cases are served on the Master annually, they are not necessarily lodged against the Master, as the Master is and have to be, in many instances, cited as an interested party due to the functions of the Master as prescribed in the various acts governing the Master. In most of those matters, no specific relief is necessarily sought against the Master. The tables below provide details of all litigation matters received in which the Master is cited according to the records kept:

1 April 2020 – 31 March 2021	Total
Unopposed summonses	74
Opposed summonses	6
Unopposed applications	574
Opposed applications	costs only opposed	22
	application opposed	6
Matters where no specific action was filed (withdrawn, incorrectly cited, etc.)	25
Annual Total	707

1 April 2021 – 30 June 2021	Total
Unopposed summonses	29
Unopposed applications	207
Opposed applications	costs only opposed	4
Matters where no specific action was filed (withdrawn, incorrectly cited etc.)	15
Quarter 1 Total	255

3. The only funds held by the Master, is that which have been deposited into the Guardian’s Fund in terms of the applicable laws.

Funds are received or accepted by the Master into the Guardian’s Fund for the benefit of a specific beneficiary. The Master opens an account in the name of the person to whom the money belongs to or the estate of which the money forms part of. Only that beneficiary may claim the funds due to him/her once it becomes claimable. The Master will administer the funds, free of charge, for the minor until he/she turns major (now 18 years of age) or reach the age as indicated in the Will/Testament.

Deceased Estate funds in the Guardian’s Fund becomes claimable by beneficiaries as soon as they reach the age of majority, or such other date as may be determined by a Will/Testament. Funds which earn interest will still bear interest for a period of five (5) years after it became claimable. Claimable funds are also advertised in the Government Gazette for three (3) consecutive years in September each year (Section 91). These adverts must also be displayed at all Magistrate Courts. The advertisement is further also placed on the Master’s Website

Whilst the funds are not yet claimable by the beneficiary, the guardian of a minor/persons incapable of managing their own affairs can claim maintenance/allowance from the Guardian’s Fund. The Master is entitled to pay for maintenance, such as school and university fees, clothes, medical fees, boarding and lodging and any other needs that can be fully motivated. Payments can be made directly to the service provider such as schools, universities, bookshops, etc.

In terms of Section 92 of the Administration of Estates Act, if funds are not claimed for thirty (30) years after it became claimable, it is forfeited to the State and are paid over to the Commissioner of Revenue. All funds which have not yet been claimed prior to thirty (30) years are still claimable by the relevant beneficiaries.

As the Master does not have control over who decides to claim the funds, maintenance etc. and how much they want to claim – it is not possible to indicate a quantified amount which should have been distributed to families or an individual, but is still with the Master. As from the above explanation, it is clear that all funds in the Guardian’s Fund, can be applied for by the beneficiary, guardian, etc. at any stage, from the date it is deposited, up to 30 years after it became claimable.

4. Yes, action has been taken against relevant personnel. Below are the relevant details:

NATURE	NUMBER	STATUS	OUTCOME OF THE SANCTIONS
Bribery	3	2 Finalised	2 Final Warning
		1 Not Finalised	1 Pending
Corruption	7	5 Finalised 2 Not Finalised	1 Suspension
			1 Verbal Warning
			1 Written Warning
			2 Dismissal
			2 Pending
Fraud	3	1 Finalised	1 Withdrawal
		2 Not Finalised	2 Pending
Insubordination	3	1 Finalised	1 Final Warning
		2 Not Finalised	2 Pending
Intimidation	1	Not Finalised	1 Pending
Negligence	3	1 Finalised	1 Dismissal
		2 Not Finalised	2 Pending
Unauthorised Absence	1	Finalised	1 Written Warning
Unethical Behaviour	2	Not Finalised	2 Pending
Maladministration (Busasa)	1	Not Finalised	Pending
Non-Disclosure (Busasa)	1	Not Finalised	Pending
Total	25	11 Finalised 14 Not Finalised	14 Pending 1 Withdrawal 2 Written Warning 1 Verbal Warning 3 Final Warning 3 Dismissal 1 Suspension

5. A new administration and financial system for the Guardian’s Fund was developed together with Information Systems Management.

The tender process has been done in the 2020/21 financial year, and it is envisaged that development of this system will be finalized and rolled-out in the 2022/23 financial year. The new system will be a full financial system which will ensure accurate financial statements and management. The move to a fully financial system will guarantee accurate records and reports while simplifying processes of the Master’s office in Guardian’s Fund matters.

Reply:

1. In terms of sections 29 and 31 of the Administration of Estates Act 66 of 1965, all claims against Deceased Estates must be lodged with the appointed executor, and not the Master.

In terms of sections 32 and 33 of the Act, the Executor can dispute or accept these claims against the estate and any party aggrieved by such decision of the executor can either proceed to proof his/her claim in court. Alternatively, the claimant may wait until the executor lodge the Liquidation and Distribution Account and then formally, in terms of section 35(7) of the Act, object to the Liquidation and Distribution account to include his/her claim.

It is the duty of the executor to ensure that all heirs and creditors specified in the approved Liquidation and Distribution account are paid accordingly.

The Master does not receive or decide on the validity of claims against Deceased Estates and does not keep record of such information. This information can be obtained from the lodged Liquidation and Distribution Account in each estate above the value of R250 000.

 

2. In terms of Section 29 of the Administration of Estates Act 66 of 1965, every executor shall, as soon as may be after letters of executorship have been granted, cause a notice to be published in the Gazette and in one or more newspapers circulating in the district in which the deceased ordinarily resided at the time of his death and, if at any time within the period of twelve months immediately preceding the date of his death he so resided in any other district, also in one or more newspapers circulating in that other district, or if he was not ordinarily so resident in any district in the Republic, in one or more newspapers circulating in a district where the deceased owned property, calling upon all persons having claims against his estate to lodge such claims with the executor within such period (not being less than thirty days or more than three months) from the date of the latest publication of the notice as may be specified therein.

In terms of section 32, if an executor disputes any claim against the estate, he may by notice in writing:

a) Require the claimant to lodge, in support of his claim, within a period specified in the notice, an affidavit setting forth such details of the claim as the executor may indicate in the notice; and

b) With the consent of the Master, require the claimant or any other person who may in the opinion of the Master be able to give material information in connection with the claim, to appear before the Master or any Magistrate or Master nominated by the Master, material information in connection with the claim, to appear before the Master or any Magistrate or Master nominated by the Master, at a place and time stated in the notice, to be examined under oath in connection with the claim.

Reply:

According to the information received from Eskom:

(a)

Eskom has concluded 2 Coal Supply Agreements (“CSA’s”) for FY2022 as follows:

• Modification to the CSA with South32 SA Coal Holdings (Pty) Ltd from MMS to supply Duvha Power Station.
• A new CSA with Arnot OPCO (Pty) Ltd from Arnot Mine to supply Arnot Power Station.

(b)

Eskom cannot, at this point in time, fulfil the parliamentary request of disclosing the contractual prices of the above-mentioned CSA’s.

Eskom is currently progressing with coal supply negotiations with the shortlisted tenderers from RFP’s issued to the market. By disclosing this information to the public, the tenderers could potentially use this information to erode Eskom’s bargaining power.

 

Reply:

We have integrated township development to the District Development Model (DDM) One Plans. The effort of pursuing a coordinated framework through the DDM approach presented an opportunity for balanced ecosystem for integrated development. This process requires cooperation of all three spheres of government to ensure efficient and well-coordinated implementation of the interventions and programmes including the Special Economic Zones.

We are working closely with The Department of Small Business Development, which is currently implementing the Township and Rural Entrepreneurship Programme (TREP) that is reflected in various Municipal Economic Recovery Plan that were developed with guidance from the Department of Cooperative Governance as a critical programme to relieve Township business from the haltfelt impact of the pandemic. The TREP is a dedicated programme to transform and integrate opportunities in townships and rural areas into productive business ventures. The focus is to create platforms which provide the business support infrastructure and regulatory environment that enables entrepreneurs to thrive. TREP places priority on spatial location as it is focused on enterprises based in townships and/or rural areas that have the potential or capacity to supply goods and services to public and private sector, local, provincial, and national government departments on a sustainable basis.

There are operational Special Economic Zones that are located in townships in partnership with rural municipalities, including the Nkomazi SEZ in the Mpumalanga, Nkowankowa SEZ and Seshego SEZ, both in Limpopo. Furthermore, there are 10 designated and proposed Special Economic Zones in seven Provinces which include, Duwazi SEZ in Limpopo, Namakwa SEZ in Northern Cape, Bojanala SEZ in Northwest, Vaal River SEZ in Gauteng which are located in townships.

It is for this reason that the Department of Cooperative Governance plays an active role in the Project Steering Committee (PSC) of the Department of Trade, Industry and Competition on SEZ and Industrial Parks to address challenges that are encountered at municipal level in the implementation of SEZs including Red Tape related challenges. Other challenges that has been noted particularly in the township economic zones include issues of infrastructure, electricity, access to water and rail and road facilities. These challenges have an impact on the investor confidence. In this regard, several recommendations have been put forth to the DTIC in relation to the role of SEZs in the South Africa economic reconstruction and recovery plan.

It is against this background that the Department approached the United Nations in South Africa to support the implementation of the DDM and to enhance the Department’s support initiatives. The outcome has been the development of district specific implementation plans built on three interrelated pillars: Unlocking Economic Value Chains, Social Transformation and Service Delivery enhancement. The first pillar encompasses the development of tools and unlocking of opportunities for inclusive and sustainable economic growth.

The delivery mechanism arranged to carry out these interventions has been realised in the establishment of Business Solution Centres, structures setup to provide business development services for micro- and small-enterprises with special focus on women- and youth-led SMMEs. The Business Solution Centres will also function as one-stop facilities whereby a range of services will assist small businesses and aspiring entrepreneurs in overcoming obstacles such as lack of management skills and access to capital and market entry. Through this provision, training and services will endow this important sector with the skills and capabilities to succeed in the economic ecosystem and realise its full potential.

Reply:

1. The Municipal Managers are appointed in accordance with the regulations on appointment of senior managers. The minimum qualifications requirements on appointment of the Municipal Managers are a bachelor’s degree. In terms of the provisions of the Constitution, it is the prerogative of the Provincial Executive Council to invoke and subject a municipality to an intervention in terms section 139(1)(b) of the Constitution. To that end, it is also the prerogative of the Provincial Executive Council to determine the caliber of person(s) to be appointed as Administrators of municipality placed under intervention.

2. Provincial Executive Council as the appointee of Administrators should follow all regulations on appointment of senior managers, including verification of qualifications.

Reply:

a) All municipalities have indigent registers which are reported to be reviewed on an annual basis as per the Non Financial Census (NFC) published on the 31st March 2021. It should be noted that Statistics South Africa (Stats SA) collects information relating to indigents management in municipalities based on the indicators which have been provided by the Department of Cooperative Governance. Furthermore, the Department compiles a Programme Performance Monitoring Report on the mechanisms utilised for the provision of Free Basic Services (FBS) to poor households in all the municipalities on an annual basis. The report covers a wide range of disciplines such as number of municipalities implementing indigent policies and with indigent registers. It further identifies gaps that need to be addressed by relevant stakeholders including the municipalities themselves.

b) The Department provides support and guidance to all municipalities with regards to the provision of free basic services to indigent households. Furthermore, the Department works closely with Provincial COGTAs; Municipalities and all other relevant Stakeholders with the objective being to ensure that municipalities provides free basic services to all qualifying indigent households. The Department will engage both Mpumalanga Provincial COGTA and Steve Tswhete Municipality to seek more clarity

Reply:

Dr Ruth Segomotsi Mompati Disrict Municipality (DRSDM) is the Water Services Authority (WSA) in its area of jurisdiction which includes Naledi Local Municipality (NLM) area. The Water Services Act, 108 of 1997 defines a WSA as any municipality responsible for ensuring access to both water and sanitation services. The sanitation services include the management of sewered systems. In executing its functions, which include the WSA function, DRSDM gets grant funding and technical support from the provincial and national government departments. NLM monitors the projects implemented by the district in its area of jurisdiction and liases with DRSDM. The Department of Corporative Governance (DCOG), through the Municipal Infrastructure Support Agent (MISA) provides technical support to both DRSMD and NLM in accordance with the District Development Model (DDM).

According to NLM the sewer spillages in Ward 2 in NLM are caused by the blocked sewer line and faulty manhole in Sonneblom Street, Colridge (in Vryburg). DRSDM appointed a contractor to perform the necessary construction repairs under emergency works. NLM is monitoring the works and liasing with DRSDM.

The contractor has already installed a temporary pump and bypass line (102m long) to avert the spillage problem and to re-route the live sewerage for construction repair works to be performed under workable dry conditions. According to NLM the bypass system has been in operation since 10 September 2021 and the work area has dried out sufficiently, as shown on the picture below, to allow repair works to be conducted.

The excavation for the pipeline replacement and new manhole construction is underway. Completion and re-commissioning of the effected sewerage infrastructure is anticipated to be by the end of October 2021 subject to favourable weather conditions as it is now in the rainy season.

Supporting Photographs:

Photo 1: Faulty sewer line before commencement of repair works

Photo 2: Temporary pump and bypass line installed

Photo 3: Temporary pump secured with barricade netting

Photo 4: Excavations around manhole (note area dried out)

Reply:

In terms of approval requirements of Section 139 of the Constitution, the Minister exercises the power assigned to approve or disapprove the intervention invoked by the Provincial Executive Council if the municipality cannot or does not fulfil an executive obligation in terms of the Constitution or legislation. Approvals of interventions are based on sufficient evidence of the failures of the executive obligations by the municipality. Approvals are also based on when the decision of the Provincial Executive Council to intervene in the affairs of the municipality solely on failures to fulfil an executive obligations by the municipality.

Section 139(2)(a)(i) of the Constitution provides checks and balances in that “If a provincial executive intervenes in terms of subsection (1)(b), it must submit a written notice of the intervention to Cabinet member responsible for local government affairs”. In terms of Section 139(2)(b), the intervention must end if the Cabinet member responsible for local government affairs disapprove the intervention within 28 days after the intervention began, or by the end of that period has not approved the intervention. Similarly, section 139(3)(a)(i) of the Constitution provides that “If a Municipal Council is dissolved in terms of subsection (1)(c), the provincial executive must immediately submit a written notice of the dissolution to the Cabinet member responsible for local government affairs”. In terms of Section 139(3)(b) the dissolution takes effect 14 days from the date of receipt of the notice by the Municipal Council unless set aside by the Cabinet member responsible for local government before the expiry of those 14 days. These mechanisms are meant foresee the correct invocation and application of section 139 of the Constitution.

 

Reply:

1. According to information from Province and the municipality, only Section 106 investigations have been completed. The investigation by the HAWKS on the matter have not been concluded; and

2. The information therefore remains unavailable, since the matter is still under investigation by the HAWKS.

Reply:

The response below was provided by the province:

Various investigations have been instituted by the province, municipality and law enforcement agencies in relation to the Venda Building Society Mutual Bank (the VBS) investments. On 28 March 2019, the municipality Council took resolution number 44/2018/19 to appoint an independent investigator to investigate allegations relating to the missing R49 million. The investigation report has been completed and there is no record of the missing R49 million and the Curator also confirmed that the amount that is in the records of VBS is R150 million. As such, there is no need for the department to institute further investigation on this matter.

Some of the investigations which have been conducted with regard to the above mentioned allegations are listed below:

Report	Description
10/10/2018	Report by Sekela Xabiso to HoD of Department of Finance tittled: “INVESTIGATION INTO THE INVESTMENTS MADE BY NORTH WEST MUNICIPALITIES AT VBS MUTUAL BANK (DR RS MOMPATI DISTRICT MUNICIPALITY)”
23/02/2021	Report by Dr Ruth Segomotsi Mompati District Municipality to MEC Ms Cwale tittled: “REQUEST FOR PROGRESS REPORT ON THE IMPLEMENTATIONS OF RECOMMENDATIONS EMANATING FROM FORENSIC REPORT IN RESPECT OF THE VENDA BUILDING SOCIETY MUTUAL BANK (VBS) INVESTIGATION”
24/02/2021	Report by Katake Attorneys to Dr RS Mompati District Municipality titled: “LEGAL OPINION REGARDING LEGALITY OF DISCIPLINARY PROCESS AGAINST THE MUNICIPAL MANAGER”

 

Reply:

I will attempt to answer this question, even as I request the Honourable Member to clarify the question he is asking. There are a number of unverified factual statements contained in the lead-up to the question, which seem to have limited relevance to the question itself.

Firstly, it is not clear on what basis the Honourable Member makes the claim that SARS and the NPA are issuing summonses to taxpayers with outstanding tax returns as part of a compliance drive which aligns with the proposed expatriate exit tax. What summonses is the Honourable Member referring to and by whom, from SARS or the NPA? SARS does not disclose any secret or protected taxpayer information matters to the Minister of Finance, in keeping with the provisions of the Tax Administration Act. I would therefore request the Honourable Member to provide more information on what facts he is basing this claim - we all need to take great care not to spread false information and rumours in the world we live in. The NPA also does not report to the Minister of Finance, and I cannot answer for the NPA, but here too the Honourable Member needs to provide more clarity on what basis he is suggesting that the NPA is involved in issuing taxpayer summonses.

With regard to a proposed “expatriate exit tax”, can the Honourable Member indicate what specific tax he is referring to, or which announcement in the last or previous Budget Review was such an announcement made? Perhaps he is referring to recent amendments – some already enacted in our tax laws and some proposed this year and not enacted as yet - that affect South African taxpayers who change their tax residency at some point in their lives, which addresses a number of long-standing inequities in our residency-based tax system. In the past, tax administration of foreign incomes and movement of taxpayers was hampered by a lack of jurisdictional assistance and poor information beyond the jurisdiction of any tax authority. The international sharing of information between tax authorities is enabling revenue collection options that were long difficult to pursue, even in cases where South Africa may have had taxing rights in principle. Our recent amendments, that some colloquially (and inaccurately) refer to as an “expat tax” or “exit tax”, remove exemptions that have benefited South African tax residents who spend a portion of their time in employment out of the country. This means that any increases in the tax liabilities faced by those taxpayers arise from the cessation of generous exemptions, rather than the imposition of new taxes.

With regard to any concern that the “amassed revenue is not lost through embezzlement, rampant corruption and mismanagement”, the Honourable Member is reminded that section 213 of the Constitution requires that all revenue collected from a national tax or levy must be paid into the National Revenue Fund (NRF), except money reasonably excluded in terms of an Act of Parliament. Further, money can only be withdrawn from the NRF via an appropriation or direct charge in terms of an Act of Parliament. The NRF is also annually subject to an audit, and its financial statements tabled in Parliament every year. The Treasury is able to assure the country that the flow of revenue from SARS after it has received the revenue due from taxpayers to the NRF is safe and there is little risk of losses through corruption and embezzlement – the biggest scope and risk of corruption occurs once funds are allocated from the NRF to organs of state in terms of the Budget, when it is up to the accounting officer or accounting authority to manage the spending of budgeted funds, including their procurement processes, in terms of the Public Finance Management Act or Municipal Finance Management Act. It is in this spending and procurement phase that we need to improve all our mechanisms to keep funds safe and ensure that all spending is in line with budgeted objectives and that the state gets full value-for-money.

 

Reply:

1. No, Government does not intend to make COVID-19 vaccinations mandatory by law. the government approach is to invest in persuading in people seeing the life-saving value of vaccination.

2. As stated above, government wants to emphasis on rather convincing people of the value of vaccination.

3. While the state has no intention to make vaccination mandatory, we also have no intention to interfere in internal policies of private and independent institutions, including on the public health policies.

4. Not applicable.

5. As stated in (3), government has no intention in interfering in internal policies of private and independent institutions in this regard.

END.

Reply:

1. According to Section 4 (Application for registration) of the Health Professions Council of South Africa (HPCSA) Regulation R101, An application by any foreign qualified person for registration as a health practitioner in any of the professions registered under the Act shall be made on the prescribed application form obtainable from the professional board concerned, and shall be accompanied by - (e) in the case of an application for registration in a profession for which internship training is a requirement, a certificate of completed training as an intern or of similar training or experience obtained elsewhere and the Programme for such training; (g) an original certificate of good standing, which shall not be more than six months old, issued by the foreign registration authority where the applicant is or was registered”.

Most of the South Africans who study abroad in institutions not recognized by the HPCSA are unable to meet these requirements. The pathway was intended to assist such applicants by providing an opportunity for clinical exposure and registration as student interns so that they could then be able to undertake formal internship. Unfortunately the pathway, which was approved by the National Health Council (NHC), has not been fully implemented because of the outstanding issues between HPCSA and medical schools, in terms of providing this opportunity for these students interns training.

(2) All applicants who are eligible and/or have submitted compliant documents have been allowed to sit for examinations. It should however be noted that, because of the COVID19 pandemic and subsequent lockdowns, there were no exams held in 2020. This led to a backlog that has, since the beginning of 2021, been attended to. The HPCSA is currently processing new applications that are currently being received for future examinations.

END.

Reply:

According to the Scope of practice of nurses, only professional nurses registered with the South African Nursing Council (SANC) are allowed to administer vaccinations. Enrolled nurses, also registered with SANC, may administer vaccinations under the supervision of a professional nurse, on condition that they receive the relevant training.

Currently, there are no nurses registered with SANC in the “community nurse” category. For this reason, the Department of Health (DoH) may not use nurses who are not registered with SANC.

END.

Reply:

According to the information received from Eskom

(1)

Eskom maintains the position that it supports nuclear power, in particular the life extension of Koeberg Power Station. The procurement process is being dealt with by the Department of Minerals and Energy (DMRE) in accordance with IRP19. The DMRE should be approached for any further information.

(2) this matter is being dealt with by the Department of Minerals and Energy (DMRE) in accordance with IRP19. The IRP makes it clear that additional nuclear power generation will only be added to the electricity mix at a pace and scale that the country can afford .The DMRE should be approached for any further information.

 

(3) the DMRE is best placed to respond to this.

Eskom is ready to provide support where needed as the operator of nuclear power plants in South Africa, and in accordance with the Nuclear Energy Policy of 2008.

Reply:

According to the information received from Alexkor

1. (a) The initial contractual obligations were to buy Alexkor Richtersveld Mining Company Pooling and Sharing Joint Venture (PSJV) production and pay the nett value percentage to PSJV.

(b) The initial period was 3 years as stated above. Then it was amended to include IMDSA (Deep sea marine mining), at this point SSI changed the operating model to buy, market and sell. Which was not the original plan at the tender stage.

(2) The company did change the model agreed to tender system which was agreed to by previous management to buy the whole production. This means that they did not fulfil the obligations initially agreed to.

3. The agreement payment was 1.5% commission for all carats sold at the tender. It was paid in full and no outstanding amounts.

4. (a) No company was appointed, Alexkor SOC is conducting the marketing and selling function in house with corporation from Diamond Export and Exchange (DEEC) and Government Diamond Valuation (GDV) office.

5. No company was appointed, Alexkor SOC is processing in house with corporation from DEEC. The Contractors and the Alexkors appointed evaluators are still in operation.

Reply:

With regards to child protection of children from exposure to possible death or disability;

Section 150 of the children’s Act 38/2005, makes provision for child in care and protection including a child who may be abandoned as a child in need of care and protection.

Section 151 of the Act also makes provision for the removal of such children to any alternative placement if the current environment is of danger to that particular child.

Alternatively, section 157(3) of the Children’s Act 38 of 2008 Act provides that a very young child who has been abandoned or orphaned, must be made available for adoption in a prescribed manner and within the prescribed period, except when this is not in the best interests of the child; only the Children’s Court can make such a determination.

The following are steps which can be taken by Social Workers

According to Regulation 56, if it appears that the child has been abandoned or orphaned, the designated social worker must:

• Develop an advertisement to be published in at least one local newspaper circulating in the area where the child has been found calling upon any person to claim responsibility of the child.
• A copy of the advertisement must be submitted to the Presiding Officer who must be satisfied that the child has been abandoned or orphaned.
• A period of at least 3 months must lapse since the publication of the advertisement and that no person has claimed responsibility of the child.
• Before the child can be made available for adoption, two affidavits are required:
• By the social worker setting out the steps taken to trace the child’s biological parent/s, guardian/s or care-giver/s; and the effect that the child’s parent/s, guardian/s or care-giver/s cannot be traced, and
• By any other person, if any, who can testify to the fact that the child has had no contact with his or her parent/s, guardian/s or care-givers for a period of at least 3 months.

Advertising of children for the purpose of adoption:

• No person may publish or cause to be published in any form or by any means an advertisement dealing with the placement or adoption of a specific child.
• The child has the right not to be advertised or paraded as being available for adoption through any means including print and electronic media, such as newspaper, magazines, radio, internet, face-book, etc.
• Publication of advertisement for the purpose of recruiting prospective adoptive parents may be done by accredited adoption service providers on print and electronic media. However, such advertisement should not publish or photo list a specific child, but should give a profile of adoptable children available for adoption and express their need to be adopted and have permanent homes. Recruitment may also be done through promotional materials on adoption, presentations and community awareness campaigns at clinics, hospitals, churches, social clubs, and shopping malls and any other public facilities, etc.
• Any illegal advertisement can expose children to the abduction, sale and trafficking in children, which is likely to be done as a systematic organised operation or crime syndicate.

• Any violation to this provision of the Act relating to advertising is regarded as an offence in term of Section 305 of the Act and severe penalties may be imposed by law.

• As far as possible, the child should be placed in adoption as early as possible to enhance bonding with the adoptive family and reduce adjustment problems.

In a case of an abandoned child, the social worker must also:

• Gather all the necessary information and affidavit/s from person/s who found or reported the child as abandoned.
• Report the matter to the police, acquire a police case number and request the police assistance in investigating the child’s biological parent/s or guardian/s’ identity and whereabouts.
• Follow up with the police if child’s parent/s were traced or not and request a copy of the police report if untraceable.
• Place the child legally in a temporary safe care/ child and youth care centres pending further investigations and follow up on every lead and information if there was no person/s who made any contact with the child.
• Children should not be kept in cycc for an indefinite time, the social workers must always have a permanency plan for them and there should be a progressive movement towards their final placement into permanent families.
• According to the alternative care strategy, the social worker need to re-assess those children that have being in child and youth care centres for a long period, to determine if they can be adoptable.
• Provide the child with the name and surname, ensure the age estimation of the child by the Children’s Court and thereafter, register the child’s birth with the Department of Home Affairs.
• Ensure the medical examination and testing of the child is done and receive the child’s medical certificate/ report. The child’s medical report assist the prospective adoptive parent/s to make an informed decision about adopting the child or not.

In case of an orphaned child, the social worker must also:

• Submit a death certificate/s of the child s parent/s, guardian/s or care-giver/s must also be submitted to the Presiding Officer.
• If the death certificate cannot be obtained, an affidavit by a person/s, it can be the extended family member/s, community member/s or friends, who can testify to the death of the child s parent/s, guardian/s or care-giver/s, must be submitted. The full identifying details of the deceased, the date of birth/ identity numbers as well as the date of death are required on the affidavit.
• The adoption of an orphaned child may only be considered if the child has no guardian/s or care-giver/s including extended family member/s that is willing to adopt the child.
• Obtain a statement from the child’s guardian/s or care-giver/s or extended family member/s confirming that they will not be able to take care of the child or adopt him/ her.
• Consent of the child’s guardian/s should be obtained and signed at the Children’s Court in front of the Presiding Officer.
• If one of the child’s parents is still alive and available, his/ her consent should be obtained, if that parent agrees to the adoption of a child.
•  If the other parent of the child is alive, but not available or the whereabouts are unknown, efforts to trace him/ her should be made by the social worker with the assistance of the police, before the child can be adoptable.
• If the surviving parent of a child is a biological father who was not married to the mother of the child, he should be given preference to adopt his own child.
• Ensure the medical examination and testing of the child is done and receive the child’s medical certificate/ report. The child’s medical report assist the prospective adoptive parent/s to make an informed decision about adopting the child or not.

Consent for giving up a child for adoption

The following steps should be taken when biological parent/s or guardian/s has consented to their adoption – this is similar to when a mother does not want to keep the child rather she intends to give up the child for adoption

• An adoption of a child can only takes place after the required consent to the adoption has been obtained from the biological parent/s or guardian/s of the child, provided they are available.
• The child must also sign legal consent him/ herself, provided the child is of 10 years of age, if less than 10 years, maturity and stage of development to understand the implications of signing consent for his/ her adoption should be considered.
• The period of at least 60 days has lapse for withdrawal of the consent by the persons mentioned here and as alluded above.
• Once the required consent is obtained without been withdrawn, then the child can be adoptable.

Children whose biological parent/s or guardian/s’ consent to the adoption is not necessary or required by Court

There are different circumstances where consent for the adoption of a child is not required and the Court may dispense with such consent due to the following:

• Biological parent/s or guardian/s is incompetent to sign consent due to mental illness and this must be supported by a medical report from a qualified psychiatrist.
• Children who have been abandoned and the whereabouts of their biological parent/s or guardian/s cannot be established or their identities are unknown.
• Abused or deliberately neglected children.
• The biological parent/s or guardian/s has consistently failed to fulfil their parental responsibilities towards their children during the last 12 months.
• Guardianship in respect of the child has been terminated by the court; this could free a child for adoption when progress has not being made with efforts to reunite the child with their biological parent/s or guardian/s.
• The biological parent/s or guardian/s has been divested by an order of court of their right to consent to the adoption of their children.
• The biological parent/s or guardian/s has failed to respond to a notice of the proposed adoption within 30 days of serving the notice.
• Orphaned children who have no guardian/s or caregiver/s who are willing to and able to adopt those children; and the court has been provided with certified copies of their parent/s or guardian/s’ death certificate or other documentation as required by court.
• If biological father of the child is not married to the child’s mother, and was not married to her at the time of conception or at any time thereafter, and he has not acknowledged that he is the father of the child by:

(a) Giving a written acknowledgement that he is the biological father of the child either to the mother of the child or the clerk of the children’s court before the child reaches the age of 6 months;

(b) Voluntarily paying maintenance in respect of the child;

(c) Paying damages in terms of customary law; or

(d) By causing his particulars to be entered in the registration of birth of the child in terms of the Birth and Death Registration Act 51 of 1992 of DHA.

• The child was conceived from an incestuous relationship between the biological father and the mother, or
• The court following an allegation by the mother of the child, finds on the balance of probabilities that the child was conceived as a result of rape of the mother.
• If the biological parent/s or guardian/s is unreasonably withholding consent for the adoption of the child.
• In determining that consent is withheld unreasonably, the court must take into account all relevant factors, including the following:

(a) The nature of the relationship during the last 2 years between the child and the person withholding consent and any findings by court in this respect;

(b) The prospects of a sound relationship developing between the child and the person withholding consent in the immediate future.

Reply:

According to the information received from Safcol

a) (i) Total number of land claims: 46 (1X KZN, 24X Limpopo, 21X Mpumalanga)

(ii) Status of each specified land claim: Status of each claim indicated in Annexure A.

(iii) (aa) Total number of land claims that have been settled: 4 settled.

(bb) Challenges hampering the settling of land claims: finalization of claims by the Department of Agriculture, Land Reform and Rural Development. Signoff of title deeds handover by respective departments.

b) Title deeds handed over: 1 Mpumalanga CPA

c) How land claims are dealt with by SAFCOL to date:

(i) Engage land claimants proactively in terms of SAFCOLs Proactive Community Engagement Model (before settlement of land claim) to establish commercial partnerships in the value chain:

Value Chain Position	Description
Downstream	Utilising SAFCOLs final products
In the value chain	Directly related to SAFCOL
Related activities	Conservation, tourism, unplanned areas, agro-forestry
Upstream	Before entering SAFCOLs value chain