Questions and Replies

Reply:

(a) The application for gender marker was lodged on 07/10/2019 and was finalized on 27/11/2019. Subsequent to finalization of gender marker changes, the client applied for new identity document in October 2020. The system reflect that the client’s application was pending awaiting outstanding supporting documents, which were submitted on 25/05/2021 and the identity document was collected by the client on 07/07/2021.

b(i) Application for a Smart ID Card takes 13 days to be processed, unless there are outstanding documents.

(ii) The Department does not deliver documentations to its clients, clients are expected to visit front offices to collect the confirmation letter for finalised gender marker changes.

END

Reply:

As stated in the Police Portfolio that no Intelligence report that was given, handed over to the Minister. If discussion did take place on different structures that was not conveyed to the Minister.

Position as explained above.

Reply to question 1801 Approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 2021/08/30
 

Reply:

The Commissioners in the Public Service Commission (PSC) have not signed any performance agreements.

a) The legislation regulating the employment of Commissioners, i.e. the Public Service Commission Act, 1997 and the Conditions of Appointment (including remuneration and other conditions of service) applicable to members of the Public Service Commission determined by the President, in terms of section 6 (1) of the Public Service Commission Act, do not provide for Commissioners to sign Performance Agreements. The implication of this is that Commissioners are not eligible for annual notch increases and remain on the same notch for the duration of the 5 year term.

The performance of Commissioners was raised by Members of Parliament in dealing with the Public Service Commission Amendment Act, 2019, and the Act makes provision for the renewal of term of a commissioner, based on the commissioner having maintained a satisfactory level of performance in relation to his or her duties. Parliament, being the employer of Commissioners, has to finalise a process in this regard. The PSC is also addressing the matter in the PSC Bill that is being processed.

b) Therefore, no assessment of individual performance is conducted. As the Public Service Commission operates as a single entity, it submits an annual report on its activities to the National Assembly and legislatures as required in section 196 (4)(e) of the Constitution, 1996.

1. Not applicable
2. Not applicable

End

Reply:

The total cases where women were the victims of murder in a domestic related relationship, from 1 January 2021 to 30 June 2021, was 177. The table below provides the provincial distribution of cases where women were the victims of murder in a domestic-related relationship.

 

Province	Female
Eastern Cape	22
Free State	24
Gauteng	28
KwaZulu-Natal	44
Limpopo	13
Mpumalanga	7
North West	6
Northern Cape	3
Western Cape	30
Total	177

 

Reply to question 1916 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2021-08-27

Reply to question 1916 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 30/08/2021

Reply:

(1). He is a person I know who can be described as an acquaintance.

(a). As explained above to be acquaintance.

(b). It include receiving information on different matters that may touch my work, which happens to many South Africans on daily basis.

(2). As said from above information has been received and is not classified as Intelligence information since that can be done by competent structures.

(3). Again to me whatever discussion remains information, until it is classified by those who are competent to do so. I have heard that as I was informed.

It has been explained. I receive a lot of information from the members of time community and I don’t check the security clearance status that includes the person you are talking about. Maybe General Khan as an Intelligence person and competent can explain if this was intelligence information and has advised me so.

Reply to question 1773 Approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 2021/08/30
 

Reply:

(1)(a) The complainant in the case is Mr Malesela William Mookka. (1)(b) To date, nobody has been charged in the case.
(1)(c) The case docket is under investigation by the Directorate for Priority Crime Investigation (DPCI). It was taken to court and received back, on 26 July 2021, with further investigation instructions, from the Public Prosecutor.

(2)(a) Yes, the complainant was informed of the status of the case, on 2 August 2021. In addition, a meeting with the complainant Is scheduled, for 26 August 2021.
(2)(b) The complainant was informed telephonically.
(2)(c) The case is still under investigation and the court date has not been scheduled yet,

Reply to question 1906 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2021-08-27

Reply to question 1906 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 2021/08/30
 

Reply:

(1). I don't know if I’m investigated by the police on this matter with exception to hear that case has been opened by an Ngo.(a). I don’t have any case number, anyway case number is for the police not for a person who is investigated.

I(b). don’t know as it is investigating team that would know.

Reply to question 1869 Approved

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2021-08-27

Reply to question 1869 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 2021/08/30
 

Reply:

(a). The South African Police Service (SAPS), shall not mention the names of suspects, until they are charged in a court of law.

(b). As at 23 August 2021, a total of 16 persons had been arrested, appeared in various courts and are now accused persons on charges, relating to incitement to commit crime.

Reply to question 1800 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2021-08-27

Reply to question 1800 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 2021/08/30
 

Reply:

(a). The South African Police Service (SAPS), shall not mention the names of suspects, until they are charged in a court of law.

(b). As at 23 August 2021, a total of 16 persons had been arrested, appeared in various courts and are now accused persons on charges, relating to incitement to commit crime.

Reply to question 1871 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2021-08-27

Reply to question 1871 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 2021/08/30

Reply:

1. Yes. the Brackendowns Police Station has a designated area at the Victim Empowerment Centre. in room number 39, where victims can report cases in private. A total of 50 cases were reported, between 1 January 2021 and 31 May 2021. The cases comprise 43 domestic violence cases and seven rape cases.
2. Yes, the police station has sufficient rape kits and the latest consignment was delivered, on 11 July 2021.
3. (a)(b) There is no plan to build a police station at this stage. The current building is leased. Planning for an alternative leased facility has commenced and the needs assessment was submitted to the Divisional Commissioner: Supply Chain Management (SCM).

Reply to question 1880 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2021-08-27

Reply to question 1889 approved/

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 2021/08/30

Reply:

a) His Excellency, Mr Mokgweetsi Eric Keabetswe Masisi, the President of the Republic of Botswana, in his capacity as a chairperson of the Southern African Development Community (SADC) Organ on Politics, Defence and Security Cooperation invited SADC Troika Ministers to travel to Eswatini on 11 July 2021 to meet with the Government of the Kingdom of Eswatini and political leaderships as well as civil society and academia with a view to support the people of Eswatini towards finding a durable solution to their political challenges.

The SADC Troika Ministers was led by Botswana’s Minister of International Affairs and Cooperation, Dr Lemogang Kwape, in his capacity as a chair of the Ministerial segment of the SADC Organ on Politics, Defence and Security Cooperation and included the Minister of International Relations and Cooperation of the Republic of South Africa, Dr Naledi Pandor, as incoming chair of SADC Organ on Politics, Defence and Security Cooperation and the Minister of Foreign Affairs and International Trade of the Republic of Zimbabwe, Mr Frederick Shava.

As part of these developments, SADC Troika Ministers spent two days in Eswatini, which was agreed to be insufficient for the Troika to interface extensively with the people of the Kingdom of Eswatini. In this regard, a SADC sent a Fact Finding Technical Team to Eswatini from 15 to 22 July 2021 and again South Africa participated.

b) Following their visit to Eswatini, the Fact Finding Technical Team submitted a comprehensive report with recommendations to the Chair of Troika. The report has been forwarded to the Government of Eswatini for their consideration.

Reply:

1. Yes, there are thirty four (34) South Africans present in Afghanistan according to the reports from the South African High Commission in Pakistan. Thirty (30) South Africans managed to leave Kabul on evacuation flights arranged by the relevant Employers who utilised the United States of America and the United Kingdom evacuation flights. The remaining four South African citizens await evacuation arrangements by the Employers.

2. No, the South Africans are in Afghanistan on private business, mostly working for large multi-national companies, International Organisations, Non-Governmental Organisations (NGOs) and international security companies. South African citizens that approached DIRCO and the South African High Commission in Pakistan have been informed that it is the responsibility of the Employer to arrange the evacuation of their foreign staff on special evacuation flights.

Reply:

(a) (i) (ii) 144 schools, 8 education district offices and 3 education centres in Kwa Zulu Natal and 54 schools in Gauteng.

(b)  In the majority of the burglaries, the damages to infrastructure were minimal, and learner and teaching equipment was stolen together, especially ICT equipment.  The  most common target areas in schools, were administration blocks - for information and communication technology (ICT) equipment; and nutrition centres - for food items.  Out of 144 schools in KZN, three (3) schools had serious damages, resulting from the burning of infrastructure.  The schools are: In Pinetown district - SIPHOSETHU PRIMARY, which suffered a loss of  3 classrooms; In UMgungundlovu district - SIKHULULIWE, which suffered a loss of 8 classrooms; and at  ILembe district - RADHA ROOPSINGH, which suffered a loss of 7 classrooms.

(c) The damages did not affect teaching and learning; and at the 3 schools, where some classrooms were burnt, mobile classrooms have been provided by the provincial department.

Reply:

(1)(a)(i) In terms of the BMA Blueprint estimated expenditure on Compensation of Employees for the fully-fledged BMA Public Entity is R2,974,962,978.00. It is important to note that the estimates included in the cost model would reflect compensation budgets to be transferred by principal departments whose functions are to be transferred to the BMA. However, the realization of additional budgets would be based entirely on availability of funds from the National Treasury.

(a)(ii) As far as estimated expenditure for Systems Development is concerned, notable establishment costs considered to be incurred are as follows:

• Payroll ICT systems
• Integrated ICT systems development and installation at Ports of Entry
• Computer equipment for the NTC and Ports of Entry Surveillance and monitoring

The actual cost for ICT systems is still being determined and given the disparity in prices, an estimate has not been included in cost model.

(a)(iii) In terms of the BMA Blueprint, the estimated expenditure for Goods and Services for a fully operational BMA will be R5,281,133,622.00. It is important to note that the estimates included in the cost model would reflect budgets for goods and services to be transferred by principal departments whose functions are to be transferred to the BMA. However, the realization of additional budgets would be based entirely on availability of funds from the national fiscus.

(b) The BMA Roadmap outlines the following six (6) Phases for the full establishment and integration of the BMA:

Phase 1: Pre-establishment – 2018-2020

Phase 2: Planning, Establishment and Transitional – 2021-2023

Phase 3: Integration and Initial Roll-out – 2024-2025

Phase 4: Integration and Incremental Expansion – 2026-2027

Phase 5: Operate, Review and Full Integration – 2028-2029

Phase 6: Sustainment and Adaptability Phase – 2030

Each Phase will cover each of the following aspects:

• • Key activities and milestones;
  • Identified Ports of Entry and segments of the Land Borderline to transition into the BMA;
  • The proposed transition approach for the Ports of Entry;
  • The maximum timeframe for each Phase;
  • The capability/operating model functions;
  • The roles and structures to support and manage PoEs and Land Borders transitioned into the BMA; and
  • The role of the Implementation Protocols, Multi-Party Agreements, Service Level Agreements and Memoranda of Understanding.

(c) Noting the phases of the Roadmap above, I appointed an Acting BMA Commissioner in January 2021 to drive the process of the implementation of the Act and the incremental roll-out of the BMA. The Department of Home Affairs was, through a Cabinet decision, mandated to coordinate all operational activity at Ports of Entry. However, due to human resource constraints, the Department entered into a Multi-Party Agreement with all departments at the border to afford some of the departments to coordinate activities at Ports of Entry.

(2) No funding guarantees have been secured from the National Treasury yet. The current arrangement with the National Treasury is that the costing for each Implementation Phase and the MTEF Budget Submission. It should be noted that the total cost identified in the BMA blueprint will be incrementally implemented over the identified six (6) Phases in the roadmap. All expenditure incurred will be costed for each Phase against the various cost categories.

END

Reply:

The Impimpa Hotline was launched by the Minister in March 2020. Due to budgetary constraints, the hotline had to be discontinued in October in 2020. During this time 178 977 calls were logged. 20 346 (11%) of these were from the Domestic sector.

The hotline was publicised via various media channels such as TV and Radio. We believe that the publicity was adequate since these channels have wide reach.

In instances where domestic workers get locked up at their work places against their will, South African Police Services (SAPS) would have to be brought in, due to jurisdictional issues. The Department has not received complaints of this nature yet.

The Department conducts both pro-active and re-active inspections (based on complaints) at workplaces to ensure that employers comply with all labour legislation.

Domestic Workers should contact their nearest Labour Centre and register their grievance against their employers with the view that the necessary labour inspection takes place. The Department also conduct periodic advocacy, stakeholder engagement and awareness campaigns highlighting domestic workers’ rights.

In instances where there are complaints around non-compliance with Employment Laws such as the Basic Conditions of Employment Act, the inspectors would investigate such matters. To this end, the table below provides details on the inspections that were carried out in the domestic sector.

 

Latest Labour Inspections Statistics for the Domestic Workers Sector (2020/21 Financial Year):

Total Number of Inspections	Compliance	Non-Compliance	Notices to Comply issued	Non-Compliance with Notices to Comply	Employers referred for Prosecution	Amount Recovered
5091	4900	191	191	137	54	R669 471 - 78

Reply:

a) The Department through its entity, the Road Traffic Management Corporation (RTMC), working with the relevant provincial departments in all provinces will replace the Live Enrolment /Live Capture Units (LEUs/LCUs) with Smart Enrolment Units throughout the country. However, the project will first commence in Gauteng Province where the online booking system has been completed.

The RTMC is in the process of refreshing all end-user devices at the DLTCs throughout the country. This is multi-year programme scheduled for completion in March 2022. Additionally, the RTMC is deploying the Computerised Learner’s License Testing (CLLT) Solution at all DLTCs and will be completed by March 2024. The Corporation is also in the process of procuring the new core infrastructure to improve the stability and uptime of the system. This should be completed by end of February 2022.

(b) In all provinces affected by the backlog, working hours have been extended including operations on Saturdays. The RTMC is opening additional DLTCs with more staff working from 7 in the morning and ending at 9 at night for seven days a week. This initiative will increase the capacity in Gauteng by 30%. The initiative can be deployed nationally in consultation with the MECs concerned.

Reply:

1. Yes. With regards to the initial request for an oversight visit, the Phase 3 site up until handover was not conducive to hosting groups of visitors on what was an active construction site. Covid-19 regulations for onsite health and safety had a substantive impact on construction sites. The Contractor who was responsible for the safety of the site until the handover to the Department was reticent about having to host a group of visitors including media on site while still being expected to meet their deadlines to completion. If the Department had to impose the visit request to the contractor, they would in turn be liable to be granted a claim for an extension of time (EOT) which would have a financial impact and an impact on the contractual practical completion date. It was thus agreed that the visits be conducted after the practical completion and the site handed over to the Department. Which has since taken place.

2. Yes. The Department’s responses to the questions and enquiries by the Deputy President’s offices was addressed and submitted. The COVID-19 pandemic has brought an onset of many challenges to the implementation of the original programme that was devised in 2019. Before the factoring of COVID-19 the original programme was scheduled for completion by 2023. The revised programme is scheduled for completion by August 2024.

The revision in time is based on the changes made to the original design of the housing unit by the claimants and allowing a process to fully consult with claimants while adhering to lockdown regulations. The effects of the COVID-19 pandemic on supply chain processes has also been a critical factor. The new program has been devised to catch up as much time that was lost by allowing for larger phases and doing them concurrently.

3. The Department’s role and mandate in District Six is the Restitution of claimants through the provision of houses. However, the Department has always acknowledged that the District Six Redevelopment requires more than housing to cater for the needs of the returning claimant community. To this end, since the very onset the Department initiated and supported the drawing up of the District Six Development Framework.

The Development Framework, an extensive document that has been widely consulted with the community, is a framework for the development of the whole area of approximately 40 hectares. It presents a set of principles, strategies, design and planning guidelines; as well as infrastructure proposals based on the existing inner city context of the site. The Development Framework proposals begin to address the issue of social justice and the restoration of land rights lost to give effect to the provisions of the Restitution of Land Rights Act (Act 22 of 1994).

The Framework recognizes that District Six is an inner city area that can significantly contribute to the revitalisation of the city. It argues that the site should neither be speculated upon nor encouraged to be gentrified as may ordinarily be the case had restitution not formed the basis of its redevelopment imperative. An integrated approach is therefore taken that includes a range of social, environmental and economic concerns relevant to District Six and the Cape Town CBD. The approach is strongly informed by the history and memory of the site as the subject of forced removals more than 40 years ago. Social justice and restoration of land rights therefore form the pillars that proposals towards the realisation of the framework, are based on.

The holistic redevelopment of District Six requires the participation and contribution from various sector departments, the province and very intrinsically the City of Cape Town. The Department last year granted the City of Cape Town to use the District Six Development Framework to form the underpinning of a process it has undertaken to develop and adopt a Local Spatial Development Framework for District Six.

The Department has provided and continues to provide support to the local authority in their mandate of providing the necessary social infrastructure to ensure that District Six is redeveloped in an integrated and sustainable manner.

4. The Department’s and Minister’s position on this matter has always been resolute. The 42 Hectares of land that is included in the settlement agreement should be used to solely enhance and benefit the claimant community of District Six. The land should neither be speculated upon for private gain nor encouraged to be gentrified.

5. The District Six Beneficiary Trust has always been acknowledged as a key body of representatives for the community of District Six. It was on that basis that they were a partner and signatory to original settlement agreement of District Six. The Trust were given the role of Developer from inception and subsequently were responsible for the development of Pilot Phase 1 and Phase 2 of District Six between 2002 and 2012.

In 2012 the full group of verified claimants in a meeting with the then Minister, addressed concerns and grievances to the Minister regarding the issues of progress and representation. The Minister at the time acceded to these concerns and allowed for the election of nominated claimant representatives to deal with the Department on matters pertaining to the development of the remaining phases. The members of District Beneficiary Trust were encouraged to participate in that elective process but chose not to. The body of representatives who were nominated and elected by the claimants themselves became the District Six Reference Group (RG), whom the Department has since dealt with as representatives of the verified claimants on matters pertaining to the design of the future phases.

The Minister in her tenure has always tried to consult with all the community groupings in District Six – of whom there are many - from the onset and will continue to encourage their participation in the redevelopment process.

Reply:

(1)(a) Engagements were conducted between myself, the Minister of Public Works and Infrastructure and Premier of the Western Cape in 2020 regarding the provision of shelter at two sites in Cape Town following the removal of the protesters from Greenfield and the Methodist Church in April 2020.

(b) The UNHCR initially provided funding for the tents and ablution facilities for the protestors at the two mentioned facilities, but indicated that they could no longer do so after February 2021. According to the UNHCR, it further provided assistance for persons willing to reintegrate back to the local communities or repatriate to their countries of origin as part of their mandate.

On local reintegration the UNHCR offered a reintegration package to cover basic rentals and necessities for three months, as well as counselling support for those choosing to reintegrate. The project which was originally intended to end on 30 April 2021 was then extended to 15 May 2021, following requests by some of the refugees. With many registering at the eleventh hour, UNHCR consulted with Department of Home Affairs to continue with the reintegration process for those for who registered by the deadline of May 15. UNHCR’s implementing partner, Adonis Musati, assisted with the implementation of the reintegration project that has now reached completion.

The status report of the reintegration indicated that 810 persons have reintegrated back into their communities. A total 761 persons were from Wingfield, and 49 persons were from Paint City. Of the 810 persons, the vast majority were from Democratic Republic of Congo, (739 persons), followed by 26 persons from Congo Brazzaville, Burundi (15 persons), Zimbabwe (8 persons), Angola (6 persons), Cameroon (5 persons), Zambia (4 persons), Somalia (2 persons), and a few single persons from Mozambique, Malawi, Cote d’Ivoire, Tanzania and Nigeria. In terms of gender breakdown, 427 persons are male and 383 persons are female. 334 persons under the age of 18 years and 43 persons have benefitted from a small livelihoods component in the programme.

An additional 50 persons have voluntarily returned to their country of origin, all but 2 are from Paint City, these are mostly women and children. Of this number, 48 persons returned to Burundi, 1 to Democratic Republic of Congo and 1 to Cote d’Ivoire.

In total, in Cape Town, UNHCR project has assisted 860 persons from two sites this year, either to reintegrate or voluntary return to their country of origin. The UNHCR’s voluntary repatriation programme remains active and all new persons at the two sites of Wingfield and Paint City who still wish to reintegrate back into their communities will now be referred back to UNHCR’s regular programme where the partner will conduct individual needs assessment to determine eligibility for assistance.

(c) No engagements with the SADC

(d) No Engagements with AU

(e) On 7 May 2021, a request was made to the IOM Chief of Mission for the organisation to assist in managing and evacuation process in the Western Cape. The total number of 43 families with a head count of 75 undocumented persons. The DHA had already been working with UNHCR to facilitate the dignified departure of those who had indicated an intention to repatriate from the Paint City location of protests.

A list of the names was provided by Asylum Seeker Management (ASM) for verification of status and documentation for effecting direct documentation which could not be conducted via Lindela Holding Facility. Initial engagements were embarked virtually with the Mission to discuss the required operations, phases, timeframes and logistics (including the issue of travel documents in Pretoria). The DHA therefore envisioned a direct deportation from Cape Town – probably through OR Tambo International Airport to their countries of origin.

On 28 May 2021, the IOM Mission advised that it was still coordinating with its head office in Vienna as to whether assistance could be extended to this group in Cape Town. There was also a request for the interviewing and filling of forms with the returnees at Lindela. However, this was not possible due to the space accommodated forcefully by refugees at Lindela since November 2019, though they are not deportees, but were brought in there on humanitarian basis while being documented and assisted with evacuation.

On 1 June 2021, the IOM proposed conducting telephonic interviews and for the completion of forms as the Mission does not have a presence in Cape Town. Thereafter, the documents would be forwarded to their headquarters to assess the cases and eligibility for funding. At the time, the mechanisms of operations of the Mission did not allow for the implementation of the evacuation requests, as there needs to be face to face interaction between the interviewer and the applicant requiring assistance, this includes the completion of documents.

(f) After the UNHCR stopped funding the Department of Home Affairs, on the basis of humanitarian grounds again approached National Treasury and asked for permission to utilise the department’s budget to pay for these facilities (marquee and ablution facilities) at Paint City. The DHA also approached National Treasury for approval to take over the responsibility of providing accommodation and ablution facilities at Wingfield. On 10 March 2021, DHA approached the Mayor of the City of Cape Town to provide ablution facilities for a period of 1 week while the DHA awaited approval from National Treasury. On 11 March 2021, after obtaining approval from National Treasury, the ablution facilities (20 toilets, 20 showers and 10 sanitary bins) were replaced at Paint City by the DHA. The payment for the tent at Paint City was also covered by DHA.

On 26 March 2021, DHA received a letter from the City of Cape Town indicating that they intend to remove the infrastructure (marquee tent and ablution facilities) at Wingfield on 15 April 2021. The City of Cape Town had obtained a negative audit finding by the Auditor-General regarding its continued expenditure at Wingfield. The City of Cape Town took a decision to end its continued payment for facilities by 15 April 2021.

This decision by the City of Cape Town would have disrupted the good work that the UNHCR and IOM were doing. On 15 April 2021, I held a meeting with the Premier of the Western Cape, as well as with the DG of DHA and DG of the Western Cape. This meeting resolved that the DHA and the Western Provincial Government would share the cost of the marquee tent and ablution facilities at Wingfield for a period not more than 2 weeks, ending on 30 April 2021. This decision was taken to avoid a humanitarian crisis. On 19 April 2021, the Minister of Home Affairs announced this joint decision (supported by the UNHCR Representative and Premier of the Western Cape) that the tents and ablution facilities at both Wingfield and Paint City temporary shelters will be removed 2 weeks from the 15 April 2021.

The deportations of the some of the protesters were effected by engaging with the respective governments of some of the protesters in order to obtain the necessary travel documents for their deportation. The governments concerned were Burundi and the Democratic Republic of Congo (DRC). The engagements with Burundi, Rwanda and DRC were in March 2021. The deportations that have taken place were 15 to Burundi in December 2020 and 17 to DRC in April 2021.

(2) Ms E L Powell can apply through the “Promotion of Access to Information Act” to the various stakeholders to have access to this information.

END

Reply:

Firstly, each and every case is treated according to its own merit. There are a number of particulars that get considered. This is done to ensure that a proper verification process is undertaken. The aim is to provide relief to the deserving, correct and intended workers. So, among others, these are checked, UIF registration number, SAPS Report indicating that indeed the business where the workers are/were employed was destroyed, insurance claim to the extent that this is available, bank documents, employees’ salary slips, contracts, etc.

We must also emphasize that the relief from the Department of Employment and Labour is more towards the affected workers. Other departments such as Department of Small Business and Development (DSBD), Department of Trade, Industry and Competition (DTIC) handle the other side of business.

Reply:

1. Inspections were conducted in the food and Beverage as well as the hospitality sector during the period in question, to test the extent to which Covid-19 Directions (linked to the Disaster Management Regulations) were complied with. The table below provides specific details:

Sectors	Compliance	Non-compliance	Total Inspections	% of total inspections	Follow up	Compliance Rate	Non-Compliance Rate
Food & Beverage	198	146	344	2,51%	41	57,56%	42,44%
Hospitality	442	464	906	6,62%	69	48,79%	51,21%

These inspections were conducted in quarter 1 of 2021/22 in OHS. It can be noted that compliance in the two sectors were low.

Reports are developed on a quarterly basis which details challenges and indicates possible solutions.

2. All non-complying employers were served with notices. Employers are recommended for prosecution if they do not comply after the expiry of a notice.

Reply:

1. The Ports of Ngqura has budget for 2 150 000 tonnes and Port Elizabeth bulk terminal handle 5 002 321 million and Multi-purpose terminal 1 3040 735 tonnes of manganese a year.
2. The Port Elizabeth manganese terminal will be closed by 2025/27
3. Rail tariff is R474 per tonne of manganese ore

 

Reply:

a) The Department of Small Business Development (DSBD) has developed the Business Recovery Support Programme in response to the recent spate of public violence, looting and destruction of property in Kwazulu-Natal and Gauteng. The Business Recovery Support Programme focuses on uninsured small enterprises impacted negatively by the unrest, predominantly in KwaZulu-Natal and Gauteng provinces. The Programme caters for small enterprises that require funding for working capital (including stock), equipment (including delivery vehicles) and furniture, as well as fittings.

The programme offers financial support in line with the Blended Finance approach, which is a combination of a grant (60%) and a loan (40%). The interest rate on the loan component is limited to 5%. There is an initial payment moratorium of up to maximum of 12 months for small enterprises in KwaZulu-Natal and Gauteng; and six (6) months for other Provinces. The repayment period of a maximum of 60 months applies. Maximum funding available per entity is R2 million.

The DSBD also has the Township and Rural Entrepreneurship Programme (TREP), which offers financial and non-financial support to rural and township enterprises. This programme has been in existence before the looting that occurred in KwaZulu-Natal and Gauteng provinces in July 2021. The aim of the programme is to support SMMEs and co-operatives in order to revitalise and improve the economy. The SMMEs that were affected by the looting may also apply for the TREP support.

Furthermore, the DSBD and its entities (Small Business Development Agency [Seda] and Small Business Finance Agency [sefa]) has the Informal Traders Support Programme that is aimed at supporting informal and micro businesses in the informal sector that were affected by looting. The Programme provides business focused support (financial and non-financial) to informal businesses. The Programme will support 17 667 entrepreneurs at R3 000 each (as a once-off grant).

In addition, and linked to the Programmes outlined above, Seda provides Business Development Support (including pre and post investment support), which includes development of business plans where necessary, financial management training, and other business support related aspects.

b) Applications by businesses that were affected by the looting are currently being processed by sefa. These businesses affected by the looting, based in Kwa-Zulu Natal and Gauteng North and South at large, are open to apply for the programmes offered by the Small Business Portfolio (the DSBD, Seda and sefa).

However, the table below outlines the applications received so far at sefa KwaZulu-Natal and Gauteng Regional Offices that are currently being processed:

REGIONAL OFFICE	KWAZULU-NATAL	GAUTENG SOUTH	GAUTENG NORTH	TOTAL
Total number of applications received	30	10	19	59
Total value of applications received	R30 000 000	R9 700 000	R8 100 000	R47 800 000
Total number of applications being processed	13	5	3	21
Total value of applications being processed	R15 500 000	R2 593 000	R1 500 000	R19 593 000

MS STELLA TEMBISA NDABENI-ABRAHAMS, MP

MINISTER FOR SMALL BUSINESS DEVELOPMENT

Reply:

(a) The assistance provided includes tents, electricity and ablution facilities.

(b) Engagements with the occupants of the shelter have been done by government officials, the United High Commission for Refugees (UNHCR), civil society and the Portfolio Committee. All engagements have encouraged the occupants to either re-integrate into communities or to voluntarily repatriate to their home countries.

(c) The option of voluntary repatriation has been offered to the occupants. Between 1 January and 21 March 2021, 305 individuals have voluntarily departed South Africa to their countries of origin.

According to the UNHCR, it has provided assistance for persons willing to reintegrate back to the local communities or repatriate to their countries of origin as part of their mandate.

On local reintegration the UNHCR offered a reintegration package to cover basic rentals and necessities for three months, as well as counselling support for those choosing to reintegrate. The project which was originally intended to end on 30 April 2021 was then extended to 15 May 2021, following requests by some of the refugees. With many registering at the eleventh hour. The UNHCR consulted with Department of Home Affairs to continue with the reintegration process for those who registered by the deadline of May 15. UNHCR’s implementing partner, Adonis Musati, assisted with the implementation of the reintegration project that has now reached completion.

The status report of the reintegration indicated that 810 persons have reintegrated back into their communities. A total 761 persons were from Wingfield, and 49 persons were from Paint City. Of the 810 persons, the vast majority were from Democratic republic of Congo, (739 persons), followed by 26 persons from Congo Brazzaville, Burundi (15 persons), Zimbabwe (8 persons), Angola (6 persons), Cameroon (5 persons), Zambia (4 persons), Somalia (2 persons), and a few single persons from Mozambique, Malawi, Cote d’Ivoire, Tanzania and Nigeria. In terms of gender breakdown, 427 persons are male and 383 persons are female. 334 persons under the age of 18 years and 43 persons have benefitted from a small livelihoods component in the programme.

An additional 50 persons have voluntarily returned to their country of origin, all but 2 are from Paint City and these are mostly women and children. Of this number, 48 persons returned to Burundi, 1 to Democratic Republic of Congo and 1 to Cote d’Ivoire.

In total, in Cape Town, UNHCR project has assisted 860 persons from two sites this year, either to reintegrate or voluntary return to their country of origin. The UNHCR’s voluntary repatriation programme remains active and all new persons at the two sites of Wingfield and Paint City who still wish to reintegrate back into their communities will now be referred back to UNHCR’s regular programme where the partner will conduct individual needs assessments to determine eligibility for assistance.

(d) Deportation remains an option for those who are found to be illegal or have failed in their asylum applications and have no further grounds to remain in South Africa. So far 32 people have been deported from these shelters.

(e) The department is finalising the asylum applications of the occupants in these facilities.

END

Reply:

The appointments of Heads of Department is governed by the Public Service Act which states that such appointments shall not exceed a period of five years. The contracts of two serving heads of department (COGTA and Human Settlements) were extended by the Premier on a short term basis at the end of their initial 5 year contract periods. The recruitment process of replacement full time incumbents is currently underway.

End

Reply:

a) The Department of Public Service and Administration has not concluded any agreements with the Republic of Cuba over the past 10 financial years.

b) Not applicable

c) (i) & (ii) Not applicable

End

Reply:

1. (a) In March 2019, the President issued a proclamation on the establishment of the Unit, to be effective from 1 April 2019. The Unit was therefore formally established on 1 April 2019.

(b) Currently the unit consists of nine employees: 1 Chief Director, 1 Director, 4 Deputy Directors and 3 Assistant Directors. Two vacant Director posts are in the process of being filled.

(c) The successes of the unit:

• Technical Assistance and support: Since 2019, various awareness sessions were conducted to assist departments to implement Public Service Regulations, 2016 addressing ethics; integrity and discipline management. This includes issues of financial interests, gifts, other remunerative work and employees conducting business with the State. Departments were also assisted with establishing Ethics Committees. Ethics Officer Forums were established and used to guide Ethics Officers on the management of ethics in their departments, focussing on identified challenges and new developments.

The Unit assisted departments in rolling out the Guide to implement lifestyle audits in the Public Service. This included conducting training of 41 Ethics Officers (on 3 – 4 May 2021) regarding the verification of assets. This training was run in partnership with the UNODC and the World Bank.

Supported by Co-Water Sogema, an implementing agent for the Government of Canada (under the Strengthening of Ethics and Integrity Project) the Unit is finalising online courses to enable Ethics Officers and departmental investigators to conduct lifestyle reviews and lifestyle investigations as part of the lifestyle audit process. Awareness sessions on the Guide to implement lifestyle audits in the Public Service were presented to all provinces and selected national departments.

The Unit developed and adopted a Guide on managing discipline in the Public Service, to assist departments in managing disciplinary cases and to address precautionary suspensions.

The Unit adopted a project in Q 3 of 2020/2021 to assist those departments with long outstanding precautionary suspensions to address their backlogs and as a result, the costs for precautionary suspensions. Due to the project, by end of March 2021, provinces finalised 78% of their precautionary backlogs (Q1: 1% - Q 2: 8%, Q 3: 18% and Q4: 78%). The cost for precautionary suspensions was reduced, with the cost for National Departments stabilising around R 20 million per quarter and the cost for provinces decreasing from the first quarter to the last quarter with almost R 25 million (Q1:R 87 million compared to Q4: R62 million). The Unit specifically focussed on two provinces with the highest costs pertaining to precautionary suspensions: Free State and Kwa-Zulu Natal. The Free State managed to reduce their cost from R 12 million in Q 3 to R 6 million in Q 4. KZN reduced its cost from a high of R 92 million in Q 3 to R 21 Million in Q 4. NB: The amounts are based on information captured on PERSAL and verified by departments.

• Monitoring and evaluation: The Unit drew information from 2017 and drafted monitoring and evaluation reports where trends on the following are monitored and used to identify needs and emerging risks:
  • Report on employees conducting business with the State (March 2021), which indicated a decline in employees conducting business with the State. In June 2020, approximately 1500 employees were identified to be possibly involved in conducting business with the State. This declined to 490 employees in Jan 2021, and at the end of June 2021 it declined to 96 employees.
  • Report on employees performing other remunerative work (Feb 2021). The report found that departments are successfully implementing regulation 24 of the Public Service Regulations, 2016 (dealing with approval for performance of other remunerative work). Where challenges are identified, the Unit intervenes with training and assistance.
  • Report on submission of Financial Disclosures (March 2021). The report found that 98% of SMS members submitted their financial disclosures for 2020/2021. 60% of MMS members submitted their financial disclosures. Most of these members submitted for the first time, as they were identified as a new category. The Unit intervened to address challenges through training, awareness sessions and technical support provided to departments.
  • The Unit established a database on Public Service employees appointed as board members to State Owned Entities. The database is used to monitor if those employees were appointed in an official (as allowed in terms of Regulation 13(c) and to cross reference with existing databases to ensure they do not perform other remunerative work or conducting business with the State).
• Cooperation: The DPSA entered into agreements with the Financial Intelligence Centre, National Prosecuting Authority, South African Police Service and Auditor-General South Africa to assist the Unit with monitoring the implementation of regulations and to share data. The Unit works within the Anti-Corruption Tasks Team to provide support to investigations involving fraud of Personal Protective Equipment, Unemployment Insurance Fund and Social Relief of Distress fraud by identifying Public Service employees and following up on the institution of disciplinary action against employees.

2. A list of the members of the Unit was provided to Dr Gondwe.

Reply:

According to the information received from Denel:

a) The Board approved Denel’s turnaround plan in 2019 with the aim to refocus the business to reduce duplications and dispose non-cores assets.

b) Denel and the Board has made significant inroads in the restructuring the business key initiatives and success include the following:

• 1. LMT (expected annualised savings of R48m).
  2. Exit of loss making subsidiaries
  3. Exit of Denel Aerostructures (expected annualised savings of circa R260m).
  4. Exit of onerous contracts.
  5. Cumulative cost savings in excess of R1bn since April 2018 to September 2020, mainly driven by a 27% reduction in employee numbers.
  6. A 43% forecasted reduction in operating expenditure in FY20/21 vs FY19/20. Mainly as a result in reduced employment costs [as a reduction in natural attrition of employees] and overall subdued business activity.
  7. Improvements to governance and co-operating with the Commission of Inquiry into State Capture and the Special Investigating Unit (SIU).

However, much still needs to be done to reposition Denel and return it to functionality and profitability. A challenging road will have to be traversed to get to this point. Recovery from the huge damage done to these institutions by state capture is a challenging task. There is no “quick fix” in this regard.

Reply:

According to the information received from Eskom

a) Electricity supplied by Eskom to foreign countries is as set out in the table below:

	Country	Customer	Customer type	Capacity
1.	Botswana	Botswana Power Corporation (BPC)	Utility	150MW+non-firm
2.	Zambia	Copperbelt Energy Corporation Plc (CEC)	Transmission Company	50MW+non-firm
3.	Mozambique	Electricidade de Mocambique (EDM)	Utility	Standby of up to 300MW
4.	Mozambique	Mozambique Transmission Company (Motraco)	Transmission Company selling to South32 (end user)	950MW
5.	Lesotho	Lesotho Electricity Company (Pty) Ltd (LEC)	Utility	80-110MW
6.	Namibia	Namibia Power Corporation (NamPower)	Utility	200MW+ non-firm
7.	Namibia	NamPower for Skorpion Zinc Mine	Utility	Expired
8.	Namibia	NamPower for Orange River Cross Border Supply	Utility	36MW
9.	Eswatini	Eswatini Electricity Corporation (EEC)	Utility	190MW
10.	Zimbabwe	Zimbabwe Electricity Transmission & Distribution Company Private Limited (ZETDC)	Utility	50MW+ non-firm

b) Eskom is expected to honour its contractual obligations as per the respective agreements.  Eskom supplies foreign countries in terms of firm and non-firm power supply agreements.

• Firm power supply agreements are subject to the load curtailment reduction that is in proportion to the load shedding stages that are determined by NRS 048-9.

• Non-firm power supply agreements are suspended in the event of increased demand in South Africa including use of Open Cycle Gas Turbines (diesel) and load shedding.

c) Revenue generated is published in Eskom’s annual financial statements. The results for financial year 2020/21 are not yet published.

Reply:

According to the Information Received from Eskom

a) Eskom had two dealings with Liviero Group in the past:

• Liviero Wilge Joint Venture (LWJV) - construction of 336 units on erf 165 Wilge Township.
• Liviero Civils – manhole construction at Kusile Power Station.

(b) Eskom Holdings SOC Limited

(c)(d)(e) Table 1 sets out details of total amounts of the contracts; whether the contracts finalised within the entered contract price and whether there were amounts charged over and above the agreed amount of each contract.

Table 1: Details of total amounts of the contracts; whether the contracts finalised within the entered contract price and whether there were amounts charged over and above the agreed amount of each contract.

Contract	Liviero Wilge Joint Venture (LWJV) for the construction of 336 units on erf 165 Wilge Township	Liviero Civils for a manhole construction Kusile Power Station
(c) total amounts of the contracts;	Initially, the total contract monetary value was R226.49 million. Subsequent contract modifications (six modifications in total) were implemented. The amount paid to LWJV was R632.64 million.	The estimated value of the contract was R2 501 530.
(d) were the contracts finalised within the entered contract price;	Yes, the LWJV contract was finalised within the mandated contracted price, as it included the approved modifications and termination costs.	Yes. the work was finalised within the contract price.
(e) what amounts have been charged over and above the agreed amount of each contract?	No amount was paid over and above the agreed contract. The amount paid to LWJV was R632.64 million.	No amount was paid over and above the agreed contract. Upon completion of the work and an assessment, Liviero Civils was paid R 441 045.

Reply:

An “evergreen contract” is defined as a contract that automatically renews itself on or after the expiry date. This means that the parties involved in the contract should agree that it rolls over automatically until one party gives a notice of termination. GPW’s business entails engagement with suppliers and service providers to acquire services and products that serve to facilitate the printing of critical print and media material for government departments and its entities. This relationship is formalised through entering into Service Level Agreements (SLA’s) with respective customers. Some customers are either a single source and or sole supplier/provider depending on the type of service rendered to GPW by these customers.

GPW observed that some companies on its database had been providing services for prolonged periods and therefore initiated a project to review the content of its contracts. Its objective is to identify and classify all contracts into different types and produce a report for implementation. The outcome of this project would enable GPW to determine the evergreen contracts and address them accordingly, including consideration to go out and test the market where necessary. GPW has been in consultation with National Treasury for advice on this project. In view of this, it would at this stage be legally inappropriate to provide full details of the current evergreen contracts for the Government Printing whilst the project is still underway. The project should be concluded by the end of this financial year.

GPW intends to address all the undesirable evergreen contracts found within the organisation to ensure compliance with the supply chain management principles of equity, ethical and fair dealing, open and effective competition, accountability and reporting, value for money, and transparent procurement.

END

Reply:

According to the Information Received from Eskom

1. The amount of R178 billion reported in the media is the total value of contracts in which there may have been corruption or malfeasance. It should not be inferred that the total amount has been misappropriated. All such contracts are under investigation and signification recoveries have already been made. An example is the recovery of about R1,5 billion from ABB.

2. Eskom is progressing with enhancing its commercial governance process to ensure robust scrutiny. Numerous initiatives implemented under the supply chain recovery programme to mitigate the occurrence of irregular expenditure, include:

• Enhancement of internal processes and controls to eliminate procurement processes being circumvented. In line with legislative and compliance requirements, checklists have been embedded into systems to ensure that the applicable controls and workflows are complied with before conclusion of a transaction
• Proactive reviews of newly established contracts, modifications and deviations. In instances where potential irregular expenditure is identified, an investigation is conducted and the necessary condonation process implemented if required. Sanctions are instituted against employees and suppliers where wrongdoing is identified, and civil action and recovery measures are pursued where applicable

In conjunction with these initiatives, training on the revised PFMA reporting procedures and guidelines was rolled out, with the aim of eliminating any ambiguities that may arise from different interpretations of our governance framework.

3. Loss of billions of rands from the State Owned Companies (SOCs) were mainly due to State Capture, malfeasance, fraud and corruption. Eskom is working with law enforcement agencies to recover monies stolen during State Capture, malfeasance, fraud and corruption. The individuals in the SOEs and in the business sector must face the consequences of their thieving. This is in the hands of the law enforcement agencies.

Reply:

According to the information received from SAA:

1. Yes, training has been conducted recently: requalification training including ground training and flight simulator training was conducted by SAA instructors during the month of March up to the commencement of industrial action by SAAPA affiliated pilots on the 2nd of April 2021. Safety and Emergency Procedure training for the pilots that are not locked out on the A319/320 fleet has been completed, as well as Crew Resource Management training for A319/320 and A330/340 pilots that are not locked-out, post 2nd of April 2021.

2. Yes, the SAA Engineering Department (SAAT) is working. However, the company continues to face challenges with reduced airline activity. This has resulted in less work for SAAT in the market.

As part of SAAT’s Business Plan, the organisation’s restructuring seeks to position SAAT as a viable business entity capable of growing within the current and future market outlook. SAAT remains a strategic entity in the country’s aviation strategy, as well as in enhancing economic recovery through air travel.

3. South African Airways (SAA) Safety Department has concluded its investigation with regards to the Alpha Floor event during a February 2021 flight from OR Tambo International in Johannesburg to Brussels in Belgium.

In addition to SAA’s internal investigation, SAA received the report from the South African Civil Aviation Authority’s (SACAA) investigation into the same Alpha Floor event.

The SACAA report has made findings and recommendations. SAA is studying the report to determine how the recommendations made by SACAA can be implemented.

Ultimately, the trajectory of the Covid pandemic and the possibility of further waves of infection or other events will determine the aviation recovery. This will in turn influence the business available to SAAT.

Reply:

According to the Information Received from Eskom

Background

General Electric (GE) has a contract with Eskom for the design, engineering, supply, construction and commissioning of the turbines and generators installed at the Kusile Power Station project. There are six turbines and generators at Kusile. The contract includes for the major auxiliary plant supporting the turbines and generators.

(1)

Eskom does not have records of correspondence where GE was instructed to make a donation for R30 million.

(2)

Eskom understands that the alleged donation may be linked to corporate social investment (CSI) projects agreed between Eskom and GE. In this regard, we can confirm that Eskom and GE agreed that GE will execute CSI projects in or around Mpumalanga.

Within this list of CSI projects, Eskom cannot identify any item relating to a donation to the DD Foundation.

Reply:

According to the information received from Denel:

(a)(i) Denel’s failure to pay employees during this period is as a result of the company’s liquidity challenges, which started as far back as 2017. Denel is a case study on what corruption and state capture in particular can do to a once successful business that was a benchmark on governance and performance. This pandemic has made the situation worse with closure of facilities in response to lockdown requirements.

(a)(ii) Denel is dealing with the root causes of the challenges faced by the entity which include the impact and consequences of state capture. The process to rebuild Denel is underway. This includes adopting a new business model that is responsive to changing market conditions to ensure sustainability. Management is in constant engagement with employees to find solutions. The Department is looking at various options of improving the liquidity solutions in the short term and options to strengthen the balance sheet for long term sustainability.

Most of Denel’s operating divisions are steadily addressing the outstanding salary payments owed since May 2020. However, this is dependent on how quickly the divisions are able to turn sales into cash. This is ongoing as Denel is dependent on sales in order to create its own liquidity.

Reply:

a) No monies were recovered by the Department of Public Service and Administration (DPSA), as no individual within this department were found guilty of conducting business with the State. The DPSA established a Memorandum of Understanding with the South African Police Service (SAPS), National Prosecuting Authority and Department of Justice and Constitutional Development to assist departments with investigating those cases where public service employees were identified by the DPSA to be possibly conducting business with the State. The SAPS investigations into the criminal cases referred by departments are not finalised yet, and as such no monies could be recouped.

b) By April 2021, the DPSA identified the following departments as possibly having employees conducting business with the State, and they were requested to investigate the allegations, to proceed with disciplinary action and to open criminal cases against employees found to be guilty:

National/Provincial department
Provincial	Agriculture, Land Reform and Rural Development
	Correctional Services
	Higher Education and Training
	Justice and Constitutional Development
	Science and Innovation
	Social Development
	Trade, Industry and Competition
Eastern Cape	Cooperative Governance and Traditional Affairs
	Office of the Premier
	Provincial Treasury
Free State	Social Development
Gauteng	Education
	Health
KwaZulu-Natal	Cooperative Governance and Traditional Affairs
	Education
	Health
	Transport
Mpumalanga	Culture, Sport and Recreation
	Health
	Public Works, Roads and Transport
North West	Education
	Health
Northern Cape	Agriculture, Environmental Affairs, Rural
	Development and Land Reform
	Economic Development and Tourism
	Education
	Health
	Roads and Public Works
Western Cape	Health

End

Reply:

a) The Local Government Leadership Academy (LOGOLA) was established in 2004 as the initiative of the then Department of Provincial and Local Government (dplg). Its developmental objective was to contribute towards the development of a broad base of politically mature leadership that can sustain democracy and strengthen a sustainable developmental local government sphere in South Africa. The LOGOLA model proposed in the Concept Paper was too expensive to implement, although by 2007 it was accredited by LGSETA as a virtual training provider to facilitate the Municipal Leadership Development Programme (MLDP). The academy was since disestablished during the Department’s transitional process in 2010, which also planned for the revitilisation of LOGOLA towards the establishment of a School for Local Government that in the future would merge with the National School of Government.

b) After its launch in 2007, the Municipal Leadership Development Programme (MLDP), and given that the overall concept was too expensive to implement, it was agreed that a focus on councillors training would be subjected to a number of pilots facilitated by accredited service providers. Approximately, 286 councillors and senior managers were enrolled in the pilot programme although in many cases the Portfolio of Evidence was not timeously completed in those four municipalities. The programme was since discontinued in 2010 as part of the envisaged reconcptualisation of LOGOLA.

Reply:

1. In the third quarter of the previous financial year, the Department of Public Service and Administration launched a project to address the delays in finalising disciplinary cases where the Minister for the Public Service and Administration addressed executive authorities (Ministers and Premiers) whose departments were identified to have long outstanding precautionary suspensions. This was followed by one-on-one sessions between these identified provinces and departments and the Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit (PAEIDTAU) to assess the reasons for delays, to provide technical assistance to finalise cases and where a newly developed electronic register was provided to departments to user to record their cases and to provide monthly progress updates to the DPSA. The MPSA furthermore addressed the issue in the Forum of South African Director-Generals (FOSAD) which took place in May 2021. The Director-General: DPSA embarked on provincial visits where top management were engaged, amongst others, on discipline management.

To assist departments with discipline management and to address identified challenges, the PAEIDTAU developed a Guide on managing discipline in the public service. The Guide is available on the DPSA website and training on the guide will commence this year.

In 2020, the DPSA trained 204 presiding officers to preside over disciplinary hearings.

As an interim measure, the MPSA launched (on 16 April 2021) a Discipline Management Complaints Hotline to enable public servants to report incidents of bullying and victimizations by their supervisors, pending finalisation of their disciplinary cases.

2. Tag A, herewith attached, addresses question 2, and reflects the information provided by national and provincial departments who responded to the request of the DPSA to provide the necessary information.

3. As indicated in the response of question 1, the MPSA addressed the issue with executive authorities in one-on-one meetings. The MPSA will continue to issue non-compliance letters to non-compliant executive authorities as mandated in terms of section 16 A of the Public Service Act and will also report those executive authorities to Cabinet and the Presidential Co-ordinating Council.

End

Reply:

1. Yes, Plans are afoot to provide financial support to Denel to overcome its current financial challenges.

(a) A solution for the guaranteed debt (>80%) will be addressed between August 2021 and December 2021. Further funding request has been made in the 2022/23 Medium Term Expenditure Framework.

(b) The Department and the National Treasury have agreed on the process to be followed to address the guaranteed debt which is maturing in September 2021 and December 2021. A joint task team consisting of the DPE, National Treasury, Department of Defence and Denel is exploring further funding options to support the operations resumption.

2. The Defence Review regards Denel as a strategic national asset. Denel is critical to the operational readiness of the Department of Defence and the South African National Defence Force (SANDF). Denel is the original Equipment Manufacturer (OEM) for some of the primary mission equipment of the SANDF. In repositioning Denel for sustainability and profitability, the SOC has developed a new operating model which will result in fundamental reorientation of its business structure. In terms of the new business model, Denel will reduce the number of business units from the current six (6) to two (2) to ensure optimal utilisation of critical resources and infrastructure. The SOC will, in terms of the new operating model, rationalise its asset base and plans to dispose non-core assets. The Department has made a funding application for Denel to support the implementation of the new operating model.

However, much still needs to be done to reposition Denel and return it to functionality and profitability. A challenging road will have to be traversed to get to this point. Recovery from the huge damage done to these institutions by state capture is a challenging task. There is no “quick fix” in this regard.

 

Reply:

1) The omission of the Spatial Data Infrastructure Act (Act 54 of 2003) in the Annual Performance Plan (APP), was due to an administrative oversight and will be rectified in the revision of the APP of the Department for 2022/23. Although the SDI Act is omitted in the APP, its implementation is underway with the Committee for Spatial Information appointed and the Electronic Metadata Catalogue developed in the current financial year.

2) The Minister of Agriculture, Land Reform and Rural Development has appointed the Committee for Spatial Information (CSI) on 8 August 2021.

3) Yes. The Minister has appointed the CSI and she is well informed about the importance of the CSI including the functions performed by the CSI in relation to the processing of applications for spatial data.

4) Funding allocated for 2021-2022 for the implementation of the SDI Act is R7million. The CSI will hold a strategic planning session to determine the activities and the cost of operationalising the CSI. The Department will then fund the priorities as outlined on the strategic plan of the CSI.

5) The Department is in the process of developing a service delivery model to support the full implementation of the SDI Act, which includes support to data custodians. The CSI strategic planning session will guide the Department terms of establishing a functional national spatial data Infrastructure which will contribute positively to spatial transformation.

Reply:

(1)       Whether her department has investigated the fact that overcrowding in schools is one of the factors contributing to the increasing number of COVID-19 infections; if not, why not; if so, what are the relevant details; 

RESPONSE:

The closeness of learners to each other in the classroom, and overcrowding, are clearly factors that can increase the risk of COVID-19 infection. This is clear from the World Health Organization (WHO) guidance and the guidance provided by South African experts, which is captured in the various guides and directives produced by the Department of Basic Education (DBE) and aimed at schools. There is no clear scientific evidence from anywhere in the world on the exact effects of the proximity of learners to each other in the classroom on transmission of the virus. Thus, rules and guidelines around classroom distancing strategies and optimal distances between learners are based on expert opinion, and differ from place to place. For instance, the WHO has advocated a distance of one metre in classrooms, while South African experts have in the past advocated one and a half metres. The reason there is no clear evidence is that the required experiments would be unethical. They would require, for instance, imposing a one metre rule in some classes, and a one and a half metre rule in other classes, in the same schooling system, and then seeing the extent to which transmission differed across the two groups. The reason one cannot make simple comparisons across different schooling systems, is that the epidemiology in each schooling system is influenced by a great variety of factors, and not just one factor such as the stipulated distance.

(2)       whether her department has made similar findings; if not, what is the position in this regard; if so, what are the relevant details; 

RESPONSE:

As explained in the response to the previous question, this type of research has not been conducted in South Africa for ethical reasons. What the Department is currently working on is analysis of Department of Health microdata on reported cases since the start of the pandemic, to detect whether correlations between schools being open and cases point to any clear benefits to either closures or re-openings. It should be kept in mind that learners are exposed to infection both inside and outside school, and that it is possible that learners may be safer in the more controlled environment of the school than outside the school. Initial findings from the DBE’s work does not point strongly in either direction, meaning whether schools have been open or closed has not made any significant difference to transmission patterns among children or the population as a whole.

(3)       whether her department is conducting the required research on ventilation and health protocols in schools in line with the Centre for Disease Control and Prevention’s building recommendations in both (a) private and (b) public schools; if not, why not; if so, what are the relevant details? 

RESPONSE:

The DBE has gone to great lengths to gather expert opinion, from South Africa and abroad, on optimal ventilation and other strategies in classrooms, and this informs government’s policy on these matters. Again, neither in the United States nor in South Africa are scientific experiments that directly assess the relationship between ventilation and transmission levels possible, for ethical reasons.     

Reply:

NATIONAL ASSEMBLY

WRITTEN REPLY

(1)(a) The Commission filed the Notice of Referral as ordered by the Court. All interested and affected parties have been served. We are awaiting the Legal Representatives for the claimants /plaintiffs and owner defendants to proceed. The Commission arranged Legal Representation for the claimants in terms of section 29(4) of the Restitution of Land Rights Act, 1994.

(b) The land claim in question is pending in court. This claim was lodged with the Commission on Restitution of Land Rights on behalf of Molekwa Sekungwe Community before the cut-off date of the 31st December 1998. The claim was referred to court for the reason that the landowner is challenging validity of the claim on farm Vluchtkraal 38 KR.

2. No, the matter is pending in court.

3. No, the matter is pending in court.

Reply:

As at 31 July 2021, The South African Council for Educators still had a total of 826 cases that still remain unresolved and are still being processed.

More resources are being deployed to deal effectively with the existing backlog that is a direct result of the negative effect of Covid 19 that has, to a large extent, made it extremely difficult to get access to victims and witnesses. Quite often this applies to learners who are restrained by their parents to participate on misconduct cases which are linked to educators. Such a development often leads to delayed resolution and finalisation of cases.

In addition, the fear by teachers and Presiding officers to travel during this pandemic, witness tampering and intimidation of complainants by accused educators has impacted negatively on SACE’s ability to clear cases as planned. These challenges are being addressed by seeking cooperation, implementing awareness programmes and encouraging the community to help in enforcing the code of professional ethics.

Reply:

The remedial actions to be taken on:

(a). Financial Interventions

The following measures will be undertaken with the aim of enhancing efficiency to control measures already in place:

1. The grant frameworks as part of the Division of Revenue Act (DORA) governing the utilisation of emergency grant funding will be enhanced to include the following additional conditions:

a) Provinces and Municipalities to furnish Audit outcomes from previous financial year(s) when submitting an application for emergency funding;

b) Province/Municipality to provide evidence of the appointment of service provider prior to disbursements of funds. The approval letter by the National Department should be used to appoint a service provider;

2. Compliance concerns to be highlighted and discussed with Provinces and Municipalities during CFO forum(s) and quarterly performance reviews

3. Monthly and quarterly reminders to be sent to Provinces and Municipalities for submission of performance (i.e. financial and non-financial) reports in line with the DoRA provisions. Non-compliance letters will be issued to grant recipients in case of non or late submission of reports

4. Provinces and Municipalities to indicate strategies in place that will accelerate provision of TRU’s in their applications for emergency grant funding

5. It will be mandatory for Provinces and Municipalities to submit a credible and verifiable beneficiary list as part of the application process for emergency grant funding

(b) Non-Financial Interventions

1) At the MinMec of 23 September 2020 it was amongst others resolved that the quality assessments and or inspections of the NHBRC should include all human settlements projects and TRUs.

The process of reviewing the mandate of the NHBRC mandate has commenced in earnest. To this extent, the Department has drafted the Housing Consumer Protection Bill, which amongst others, will repeal the Housing Consumer Protection Measures Act of 1998, and address the following ;

a) Ensure adequate protection of housing consumers and the effective regulation of the home building industry;

b) Strengthen protection measures, regulatory and enforcement mechanisms as well as prescribing appropriate sanctions or penalties against defaulting persons.

To this end, on 30 June 2021, Parliament published the Housing Consumer Protection Bill for public consultation and this process will close on 13 August 2021, which will be followed by provincial visits.

In terms of the new Act the NHBRC will be the custodian in respect of providing quality assurance and inspecting TRUs for compliance with the norms and standards that are set in the Housing Code.

The Housing Development Agency was directed both by my office and the Director-General to ensure that processes leading up to establishment and construction of temporary residential areas and units are investigated, and a report provided on the outcomes thereof, including any consequence management measures.

It is also important that I advise that the South African Polices Services, under the Hawks have instituted a criminal investigation within the various projects including in Limpopo and Eastern Cape. In addition, the Special Investigating Unit are seized with matters based on a proclamation issued on the matter. As soon as I am provided with the relevant detail and reports I will advise the Portfolio Committee on the matter.

Reply:

According to the information received from Denel:

1. This question would be best described by defining Capability, which is man-made creation that facilitate human endeavor. It consists of three elements: i) Science/knowledge, ii) People, and iii) Tools (materials, machines, and facilities). If any of the elements is removed the capability ceases to exist. Denel still has these three elements in terms of our missiles business, though a number of skills have been lost. Therefore, Denel still has the capability.
2. The designs are still being done because Denel still has the three elements to some extent, though impacted by loss of a significant number of engineers in the value chain.
3. No, Denel has not lost all the capability, but is aware of attempts by some of its people to siphon Denel capability to foreign jurisdictions.

Reply:

Government is committed to promoting economic recovery and returning the public finances to a sustainable position. Faster economic growth remains the most important determinant of fiscal sustainability, and private investment remains a key driver of that growth. For this reason, government is taking steps to promote both private and public investment.

The economy has started to recover in response to improved global conditions and the easing of lockdown restrictions – and in the months ahead, a mass vaccine rollout will support a full reopening of the economy. At the time of the 2021 Budget, GDP growth of 3.3 per cent was projected for 2021, although recent strong GDP outcomes have opened the possibility of a better growth outlook.

Government’s balanced and prudent fiscal strategy is designed to stabilise the public finances. For example, the 2021 Budget provided continued support to the economy and public health in the short term without adding to long-term spending pressures.

Capital spending remains the fastest-growing component of non-interest spending. The main budget primary deficit is projected to narrow from 7.5 per cent of GDP in 2020/21 to 0.8 per cent of GDP in 2023/24, and gross government debt is expected to stabilise at 88.9 per cent of GDP in 2025/26.

In addition to these fiscal measures, government is working to promote investment.

Operation Vulindlela, a collaboration between the National Treasury and the Presidency, is working with the relevant departments to address many of the structural impediments to investment, such as the high cost of doing business, low levels of competitiveness and a weak public‐sector balance sheet.

Addressing these can unlock large‐scale investment by the private sector to support inclusive growth and job creation.

Recent initiatives such as Infrastructure South Africa and the Infrastructure Fund are instruments to enhance collaboration and attract private‐sector investment. This is done through partnering with the private sector, multilateral development banks and development finance institutions to bolster investment capacity, expertise and financing.

The commitment to these initiatives was further solidified in the 2021 Budget, where it was announced that government will be providing initial support of R18 billion to the Infrastructure Fund over the medium term. Several collaborative projects under the Fund are already underway, including student housing, digital infrastructure and water infrastructure.

By carefully managing public spending, undertaking structural reforms and shifting public expenditure towards fixed investment, we have embarked on a path to reduce public debt in a responsible and sustainable manner.

Reply:

Engagements on the budget deficit are ongoing and at present there are no new developments to report in this regard.

Reply:

The response is detailed in the table below.

1. Department of Correctional Services – Veterinary Services

2. Department of Health (North West Province) – Medical assistance during strikes

3. Department of Health (Kalafong Hospital) – Transfer of patients

4. Department of Health (Steve Biko Academic Hospital) – Transfer of patients

5. Department of Military Veterans – Medical assistance

6. Department of Public Works and Infrastructure – Building of bridges

7. National Treasury – Medical treatment for military pension officers

8. South African Police Services - Veterinary Services

With regard to the feedback on the Budget Review and Recommendation Report to the Portfolio Committee on Defence and Military Veterans on 5 May 2021, where it was reported that several departments still owe her department for services rendered (details furnished), (a) what is the total amount owed by each specified department, (b) for what period has the debt been outstanding in each case, (c) what are the details of the payment arrangements that were agreed to with each department and (d) by what date will the outstanding accounts be settled in full? NW1766E

9. South African Revenue Services - Veterinary Services

Whether she will please confirm what

(a) is the total amount owed by each department;

(b) is the total period for which the debt has been outstanding;

(c) payment arrangements were agreed to with each department and

(d) confirm when these outstanding accounts will be settled in full?

OUTSTANDING AMOUNTS FOR SERVICES RENDERED TO DEPARTMENTS
S/N	Department Name	Type	Number of cases	(a) the total amount owed by each department	(b) the total period for which the debt has been outstanding	(c) payment arrangements agreed to with each department	(d) confirm when these outstanding accounts will be settled in full
1	Correctional Services	Veterinary Services	22	R35 093,23	Ongoing service and most outstanding amounts are in the current financial year less than one year.	Payments will be made on a regular bases	Probably in the current financial year as payments are received regularly
2	Dept Health: NW	Medical Assistance During Strike	1	R12 275 216	Two to three years	In the year the service was provided however the institution does not keep to its promise. Continuous follow up is being made.	Dept. of Health / North West indicates that there was no contract in place, hence payment cannot be made until there is a contract. Engagements between the two departments are ongoing to settle the amount owing.
3	Kalafong Hospital: Gauteng	Patient Transferred	20	R264 108,37	More than three years	In the year the service was provided however the institution did not keep to its promise. Continuous follow up is being made.	Probably in the current financial year, since engagements with the relevant department are in process for settlement of the account.
4	Steve Biko Academic Hospital: Gauteng	Patient Transferred	17	R50 036,86	More than three years	In the year the service was provided how ever the institution did not keep to its promise. Continues follow up is being made.	Probably in the current financial year, since engagements are in process for settlement of the account.
5	Military Veterans	Medical Assistance	4 671	R99 033 939,62	Ongoing service and 58% of the amount outstanding is between 1 year to 3 years.	In the year the service was provided however the institution has had challenges making payments. Continous engagements are ongoing.	The relevant department reconciles with the DOD on a quarterly basis. In most years the debts raised are greater than the payments received. DMV has requested for some of the historic debts to be written off
6	Nat Dept Public Works	Operations: Building Of Bridges	2	R12 568 571,08	One debt is less than one year and the other more than three years.	In the year the service was provided however the institution does not keep to its promise. Continues follow up is being made.	Probably in the current financial year, since engagements with the relevant department are in process for settlement of the account.
7	National Treasury	Medical Treatment For Military Pension Officers	1 292	R6 724 103,65	Ongoing service and most outstanding amounts are more than three years.	In the year service was provided. However, in the financial year 21/22 National Treasury has requested to review long outstanding claims for settlement.	Probably in the current financial year, since engagements with the relevant department are in process for settlement of the accounts.
8	SAPS	Veterinary Services	6	R39 802,81	Ongoing service and most outstanding amount is in the current financial year less than one year.	Payments will be made on a regular bases	Probably in the current financial year as payments are received regularly
9	SARS Veterinary Service	Veterinary Services	1	R3 255,74	Two to three years	In the year the service was provided however the institution does not keep to its promise. Continues follow up is being made.	Probably in the current financial year, since engagements with the relevant department are in process for settlement of the account.
				R130 994 127,36

Reply:

(1) (a) Section 19 of the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996) states, inter alia, that a member shall have the right to retire on pension and shall be so retired on reaching the age determined by the law governing his or her employment. Section 52 of the Defence Act, 2002 (Act 42 of 2002) makes provision for members to be appointed and utilised in the Regular Force from the age of 18 to 65 years of age. In terms of Regulation 21 of Chapter III of the General Regulations for the South African National Defence Force (SANDF) and the Reserve an officer serving in the Permanent Force shall have the right to retire on pension and shall be so retired, on the date when he or she attains the age of 60 years. Regulation 22 of Chapter III also states that the maximum age limit for temporary service in the Permanent Force shall be 65 years. The incumbent Surgeon-General (SG) of the SA Military Health Services (SAMHS) reached the age of 60 on 20 October 2016.

(b) The following are the reasons and motivation for allowing his continued service beyond the official exit age:

i. To ensure continuous effective strategic direction and management to the SAMHS (SANDF).

ii. To ensure the effective management of medical and health services to the Department of Defence (SANDF).

iii. To retain specialist skills, especially where there is a shortage of skilled members in the Senior Management System, such as Medical Officers and Special Forces Operators.

iv. To ensure the retention of experienced members to mentor young and inexperienced members.

(2) The SG will retire on 31 October 2021.

(3) The process for the appointment of the next surgeon-general has been finalised and the next SG will assume duty with effect from 01 November 2021.

Reply:

(1) Liaison between the Department of Defence (DOD) and other role players, including the Department of International Relations and Cooperation took place in this regard to streamline diplomatic and protocol procedures that will allow the Department to proceed with measures to hold the individuals accountable and to remedy the situation. Diplomatic processes are considered according to the Memorandum of Agreement to ensure that the Department’s actions are embodied thereon and are binding to all the affected parties involved.

(2) Yes,

(3) I have asked the CSANDF to provide same.

Reply:

(1)(a)(i) and (ii) Non-availability of members who agreed to serve on the Task Team for various reasons relating to health, other commitments etc led to a further search for members to serve on the Task Team.

(b) The appointment was announced once members were appointed on 1 March 2021.

(c) (i) The Task Team is expected to finalise their report into all matters relating to their mandate within 6 months as of 1 March 2021.

(c) (ii) The task team is to investigate the allegations contained in 3 separate submissions: (i) An anonymous report of October 2019 alleging fraud, corruption and misuse of State funds in the Department of Defence (DoD), particularly in the South African National Defence Force (SANDF); (2) A submission made to the State Capture Commission by Maj Gen (ret) Sizani and Maj Gen B Ngcobo which similarly contained serious allegations of alleged criminal activity in the environment of the Defence Intelligence Division; and (3) A memorandum from Maj Gen L. Ford outlining concerns regarding some procurement irregularities by the SANDF in the purchasing of Interferon-B from the Republic of Cuba when Coronavirus reached our shores in March 2020.

(c)(iii) Members of the Task Team not in the employ of the State are remunerated hourly rates as prescribed by National Treasury for Commissions / Committees of this nature and must submit time sheets to claims such on a monthly basis.

(2) Members of the Task Team were selected based on their knowledge and understanding of Government and especially the security cluster. The Chairperson is Mr Zola Ngcakani and the other two members are Dr RC Lubisi and Mr B Masethla.

(3) As can be noted from their Terms of Reference they will be investigating the environment of Defence Intelligence and as such it is best suited that they be vetted by another security agency.

(4) The final report will be shared with the relevant oversight structures in a manner that will be dictated by the nature of the findings and recommendations given that some of it relates to the environment of Defence Intelligence, which may be better shared with the Joint Standing Committee on Intelligence.