Questions and Replies

Reply:

According to information received from the KwaZulu-Natal Provincial Department of Human Settlements and Msunduzi Local Municipality;

(i) & (ii) The HSDG funding has been received and allocated

(iii) In the aftermath of a fire that broke out in the Jika Joe Informal Settlement, the Msunduzi Local Municipality requested the assistance of the KwaZulu-Natal Provincial Department of Human Settlements to appoint a service provider to supply building materials for the 174 households that were affected by the fire.

An amount of R1 510 416.00 was spent to supply building materials for the 174 households that were affected by the fire.

Reply:

(a) The construction of the De Hoop Dam, Phase 2A, is complete and the dam is currently operational. With regard to Phase 2C, a steel pipeline from the De Hoop Dam to Steelpoort was completed and is also operational. The dam currently delivers raw water to Sekhukhune District Municipality through the water treatment plant at Ga-Malekana (Steel Bridge) and Steelpoort. It is the responsibility of the local authority to treat the water and arrange for its reticulation to communities.

Notwithstanding, it is critical to complete the remaining phases for the dam to be utilised optimally. The remaining phases and status are indicated below:

• Phase 2B – Pipeline Flag Boshielo Dam to Mokopane, design complete, construction to commence once funding is available.

• Phase 2D – New pipeline from Steelpoort to Mooihoek and Balancing Dam, pipeline design has been completed and final work packages for tender purposes was submitted to the Department of Water and Sanitation (DWS) and are under review. The project is ready to commence with the construction stage pending confirmation of funding required for the entire project. In addition, delays in the finalisation of the acquisition of land may adversely impact the progress with the construction programme due to the required relocations/ resettlements.

• Phase 2E – 10 km gravity pipeline from Mooihoek to Havercroft Junction, tender design stage. This phase is currently on hold due to no funding being allocated.

• Phase 2F – 46 km gravity pipeline from Havercroft Junction to the existing Olifantspoort WTW, tender design stage. This phase is currently on hold due to no funding being allocated.

(c) The design and construction of the De Hoop Dam meets the requirements in terms of Chapter 12 of the National Water Act 36,1998 (Act No. 36 of 1998). The dam was developed under the auspices of an Approved Professional Person.

(d) Delays in completing the project cannot be attributed to specific officials, therefore, no officials of the department are being held to account in this regard.

Reply:

I wish to indicate to the Honourable Member that the names of contractors or service providers involved in the provision of the services indicated in the reply have been concealed because the document titled “Guide to Parliamentary Questions in the National Assembly” prohibits Members of Parliament, including the Executive, from providing names of individuals or companies in parliamentary questions. The document referred to states that:

“Questions are to be framed as concisely as possible. All unnecessary adjectives, references and quotations are omitted. Names of persons, bodies and, for example, newspapers are only used in questions if the facts surrounding the case have been proven. As the mere mention of such names could be construed as publicity for or against them, it should be clear that this practice is highly undesirable. If a question will be unintelligible without mentioning such names, the Departments concerned are notified of the name (-s) and this phrase is used: ".......a certain person (name furnished)”.

The information provided in the table below relates to service providers that provided quotations for Personal Protective Equipment:

SUPPLIERS	QUOTED PRICE	TOTAL POINTS SCORED(PRICE & B-BBEE)
	R675 700.00	100 points
	R800 800.00	64.18 points
	R1 249 500.00	32.06 points
	R11 600 200.00	-1193.42 points

The information provided below relates to service providers that conducted screening of employees and visitors in the Department of Human Settlements:

SUPPLIERS	QUOTED PRICE	TOTAL POINTS SCORED(PRICE & B-BBEE)
	R 345 000.00	100 points
	R 388 000.00	90.02 points
	R 465 000.00	72.17 points
	R 562 650.00	49.53 points
	R 661 200.00	26.67 points
	R 1 884 000.00	-256.86 points

Quotations received from service providers for the provision of fumigation services is provided in the table below:

SUPPLIERS	QUOTED PRICE	TOTAL POINTS SCORED(PRICE & B-BBEE)
	R 242 213.00	80 points
	R 447 803.26	points

Quotations received from contractors for deep cleaning and sanitizing of buildings in the Department of Human Settlements:

SUPPLIERS	QUOTED PRICE	TOTAL POINTS SCORED(PRICE & B-BBEE)
	R467 386.20	100 points
	R498 291.00	points
	R 733 500.00	points
	R174 464.00	80 points
	R411 298.88	-8.60 points
	R476 504.80	-58.50 points
	R879 896.50	-243.47 points

 

Reply:

HIGHER EDUCATION AND TRAINING

The Department has not concluded any work exchange and/or employment agreements with any entity of the Republic of Cuba from the 2010/11 financial year up to the 2020/21 financial year.

SCIENCE AND INNOVATION

(1) (a) South Africa and the Republic of Cuba signed a science and technology agreement in 2001 to promote development cooperation in S&T by means of exchanging scientists, research workers, specialists and scholars and exchange of scientific and technological information. However, the department has not employed any Cuban nationals and it is not due to employ any in the 2021-23 Medium Term Expenditure Framework period.

(b) There are no Cuban nations to be employed in the department, therefore there are no details of work to be carried out.

(c) There are no details for specific skills sets possessed by Cuban nationals to be communicated as there are no Cuban nationals employed/to be employed in the department.

(d) Details of the costs of employing Cuban nationals are not available as there are no Cuban nationals employed in the department.

2 (a) Despite having a bilateral agreement with the Republic of Cuba, the department has had no plans to employ Cuban nationals, and as such has not taken any steps to ensure that any specific skill set was not available amongst South African citizens.

(b) As no Cubans with specific skills set were employed by the department, the department has not taken any steps to ensure the specific skills set of the Cuban nationals were available in the Republic amongst South African citizens.

Some contextual issues

Following South Africa’s democratic transition, South Africa and Cuba established formal diplomatic relations on 15 May 1994 and opened resident Embassies in Pretoria (1994) and Havana (1995), respectively. Cuba has since become an established strategic partner for South Africa in the Latin American region. This led to the signing of an agreement on Scientific and Technological cooperation between the countries in 2001.

Reply:

The Department of Water and Sanitation (DWS), as the water sector leader is required to ensure compliance with minimum water quality norms and standards as well as the efficient use of water in its pursuit to strengthen the regulation of the water sector. However, the maintenance of Waste Water Treatment Works (WWTW) is the responsibility of Water Service Authorities (municipalities) and DWS plays a regulatory role. 

In accordance with the above, the Department is aware of the state of the Waste Water Treatment Works (WWTW) in the Naledi Local Municipality in the North West. The Dr Ruth Segomotsi Mopati District Municipality is the water service authority while Naledi Local Municipality is the water service provider. I am informed that Service level agreement disputes between the two municipalities have resulted in a breakdown of services to the community. 

Contractors are appointed by Dr Ruth Segomotsi Mopati District to operate and maintain the Vryburg WWTW on a short term basis which contributes to the plant payment disputes between the municipalities and the service provider. In addition, the capacity of the plant is also inadequate for the increased sewer requirements. Therefore, there are spillages from the sewer pipelines and partially treated and untreated sewer spillages from the plant. 

The Department of Water and Sanitation (DWS) issued a Directive in terms of Sections 19(3) and 53(1) of the National Water Act, 1998 (Act No 36 of 1998) to the DRSM DM addressing both the Vryburg WWTW and the Farm Rosendale 673 pollution in October 2018. There were some improvements in infrastructure and operation and maintenance of the WWTW thereafter, as the municipality implemented corrective measures. 

However, there were recurring sewer spillages and the DWS took legal action against the municipality. A court order was granted on 18 September 2020 against the DRSM DM by the High Court of South Africa (North West Division) for the municipality to take all necessary steps to ensure that raw sewage is not discharged. The following were long term interventions that were part of the action plan to remedy the situation: 

• The Naledi Local Municipality recommended construction of a new WWTW as the existing plant was originally designed for 4.8 ML/d but the daily flow had reached 8-9 Ml/day overtime 

• The DWS recommended an amount of R314 410 500 towards the upgrade and development of a new 16Ml/d WWTW in Vryburg to be funded through the Municipal Infrastructure Grant and issued a water use license to the facility. 

• The DWS also provided R5.2 million to the Municipality through the Water Services Infrastructure Grant (WSIG) for the refurbishment of the pump station, the sewer network and refurbishment of the Sludge handling facilities.

The DWS conducted inspections during May 2021 and found that the situation has not improved despite the undertakings in the Action Plan submitted by the municipality. Given the non-compliance to the Directive and the court order, the department will proceed with additional legal action to ensure that the municipality implements corrective action. 

 

Reply:

The Department of Water and Sanitation (DWS) is providing financial support to the Harry Gwala District Municipality in order to address water supply challenges. The support provided through the Regional Bulk Infrastructure Grant (RBIG) and Water Services Infrastructure Grant (WSIG) is as indicated below:

a) The DWS is funding the implementation of the Greater Bulwer Bulk Water Project through RBIG. The project will supply water potable water to 23 729 households living within the Doctor Nkosazana Dlamini-Zuma and Ubuhlebezwe Local Municipalities. The project is being implemented by the Harry Gwala District Municipality. The estimated project cost is R556 363 974. To date, the Department has transferred R352 973 445 to the municipality for implementation of the project.

b) Since the introduction of the WSIG in the 2016/17 financial year up to the 2020/21 financial year, the Department has transferred R384 518 000 to the municipality for implementation of various water and sanitation projects. The municipality has implemented the following projects funded through WSIG:

Name of project	Local municipality	Villages benefitting	Project status
Hlokozi Water Supply Phase 4	Ubuhlebezwe	Kwa-Bhengu, Nhlangwini, Sigcakini and Ngcikica	Completed
Nokweja/Mashumi Water Supply Scheme Upgrade Phases 1 and 2	Ubuhlebezwe	Nokweja, Mashumi, Webbstown, St Allois, Plainhill, Kwa Dladla, Nkoneni, Ngongoneni, Mazabekweni, Madungeni, Ntambama, Mdabu, Magaba and Bovini	Completed
KwaSpheni Water Supply Scheme	Ingwe	KwaSpheni, Maxhini, Maphempeni and Sokhela	Completed
Mqatsheni Stepmore Water Supply	Dr Nkosazana Dlamini-Zuma	Mqatsheni and Stepmore	Completed
Ndawana Water Resource Upgrade	Umzimkhulu	Ndawana	Completed
Water Supply for Identified Villages under Umzimkhulu Jurisdiction	Umzimkhulu	Ngujini, Sdadeni/Nguse, Gujendlini, KwaSenti 02, Chancele, Pholanyoni, Thonjeni, Tsaule/Mbomvini, Ngwagwane and Gaybrook	Completed
Umzimkhulu Sanitation	Umzimkhulu	Ndawana, Nyanisweni, Bonvini, Nsikeni, Dumanomoeh, Nazareth, Ngwinjini, Chancele, KwaJames, Rhauka, Mfundweni, KwaTshaka, Bombo, KwaDay, St Barnabas, Madakeni, Gijima and Mahobe	Completed
Capital Infrastructure Refurbishment/Updgrade in Kokstad: (Kokstad CRU Development)	Kokstad	CRU Developments	Completed
Capital Infrastructure Refurbishment Upgrade in Kokstad: Upgrade of CBD Pipeline	Kokstad	CBD Upgrade	Completed
Capital Infrastructure Refurbishment Upgrade in Kokstad: Upgrade of Mamiesa Developments	Kokstad	Mamiesa Developments	Completed
Capital Infrastructure Refurbishment Upgrade	Dr Nkosazana Dlamini-Zuma	Bulwer, Donnybrook, Kwezela, Nkumba	Completed
Capital Infrastructure Refurbishment Upgrade in Ubuhlebezwe: Upgrade of Jolivet Water Supply	Ubuhlebezwe	Jolivet	Completed
Mariathal, Mandilini and Esperance Water Supply Project Phase 4	Ubuhlebezwe	Mariathal, Mandilini and Esperance	Under construction
Capital Infrastructure Refurbishment Upgrade	Umzimkhulu	Riverside	Under construction
Capital Infrastructure Refurbishment Upgrade - Upgrade of Mhlabashana Water Supply	Ubuhlebezwe	Mhlabashana	Under construction
Universal Rural Sanitation coverage	Dr Nkosazana Dlamini-Zuma, Kokstad and Ubuhlebezwe	Construction of 1000 VIP toilets scattered in the following wards for Kokstad (6,2,3 & 4) & 1000 VIP toilets scattered in the following wards for Dr Nkosazane Dlamini-Zuma (1,4,6,12&14)	Under construction
Nokweja-Mashumi Water Supply scheme Phase 3	Ubuhlebezwe	Mbambalala and Mgodi	Under construction
Water Supply to Masimini Mbuzweni Villages Intervention Schemes	Umzimkhulu	Ndawana, Masameni, Mnyembe, Gudlintaba	Under construction
Water Supply to Masimini and Mbuzweni	Umzimkhulu	Ndawana, Masameni, Mnyembe, Gudlintaba	Under construction
Villages Intervention Schemes
Marriaskop Water Supply Intervention Schemes	Greater Kokstad	Marriaskop	Under construction
Refurbishment/ Augmentation of water supply schemes	Dr Nkosazane Dlamini Zuma	Mabedlane, Tarr's Valley, Goxhill, Kwa-Bhobhi, Sandanezwe	Under construction
Refurbishment/ Augmentation of Springvale water supply	Ubuhlebezwe	Springvale	Under construction
Refurbishment/ Augmentation of Ebhayi/ Gudlucingo Water Supply	Ubuhlebezwe	Ntapha, Gudlucingo, Chibini, Ngomakazi, Bhethani, Ebhayi, Thathani	Tender stage

The 2021 WSIG Medium Term Expenditure Framework allocations to the Harry Gwala Municipality for the completion of projects under planning and implementation respectively are as follows:

Financial Year	Amount
2021/22	R 90 700 000
2022/23	R 95 000 000
2023/24	R100 000 000
TOTAL	R285 700 000

 

c) A Directive has been issued to the Umgeni Water Board to commence with the planning and implementation of the Stephen Dlamini Dam to provide a long term sustainable water source for the Greater Bulwer Project.

Reply:

(1) (a) Project THUSANO has not been extended to operational matters in the SANDF, only the basic maintenance and utilisation at technical level information was exchanged with SANDF members in order to ensure proper servicing of equipment developed together with the Cubans as part of skills transfer.

(1) (b) (i) and (ii) Project THUSANO activities are beneficial to the SANDF as its internal capability is being built. The SANDF dependency on industry for maintenance and repair will be reduced. The cost of training will be drastically reduced, including improving shooting capability in simulation of different types of combat arenas which may be encountered, thereby, reducing the need for physical travel of trainees and the concomitant costs.

(2) Project THUSANO was analysed and compared with SANDF and best international techniques and proved to be the cheapest and cost-effective way of reducing costs of maintenance and repair, as well as acquiring skills through imparting technical knowledge to SA Army artisans.

(3) (a) According to Contract TI 17-001 South Africa Annexure 6 signed in October 2018, the total cost is US$ 5,975,545.00 (ZAR 86,645,402.50) based on a rand-dollar exchange rate of R14,50:US$1.

(3) (b) Economic pressures and budget reductions require innovative and creative approaches as the funds to outsource maintenance and repair are limited. Building internal capability is one of the initiatives intended to manage the limited budget and/or budgetary constraints. The skills could have been acquired very expensive if these members were sent to private institution for training and skills development.

Reply:

(1) Details requested entail the SANDF’s tactical employment of strategic assets, any information so required may only be disclosed in a closed session.

(2) The Automated Shooting Range (ASR) system will benefit the SANDF as it is intended to improve its members’ shooting skills and combat effectiveness with limited ammunition and the simulation of different combat scenarios in the midst of the dwindling budget allocation.

(3) The ASR was specifically designed for the SANDF; the Department is not aware of a similar capability within the local defence industry.

(4) The system was benchmarked and requested at a bi-lateral (Cuba/RSA) level, thereby no tender process was followed.

Reply:

a) The word “survey” was used to refer to public comments received by the Department following the gazetting of Schedule II of the Electricity Regulation Act (ERA) in relation to the threshold for embedded generation licencing.

b) The comments were received through the post and email.

c) There were no questions as comments were on the gazette notice.

d) (i) Over 15000 comments were received.

(aa) Majority is in support of the 10MW threshold.

(bb) The remainder is split between those who disagree completely with embedded generation and those who prefer a higher threshold.

Reply:

1. No, the Department of Correctional Services has not yet embarked on the 2021/22 Learnership Programme. The enrolment will be determined by the human resource needs and the availability of funds. The absorption of learners who have completed their learnership is not a determining factor for the enrolment of the next group of learners on the programme. The aim of the programme is to provide training and skills development opportunities to the youth preparing them for the labour market.

(1)(a) None

(1)(b) Not applicable

2. No, the learnership programme is a 12 month development programme and not an employment contract, in the case of group 1 of 2019/20 the contract was extended as the programme was suspended for two months during the lockdown levels 5 and 4. The programme came to an end on 31 December 2020.

3. Yes, their contract appointment on the PERSAL system is created in such a way that, when the contract end date is reached, the learner is automatically removed from the PERSAL system enabling them to pursue alternative employment.

END

Reply:

1. The Department of Justice and Constitutional Development (DoJ&CD) has never concluded any agreement with the Republic of Cuba or any entity in Cuba for work exchange and/or employment during the period from the 2010-11 financial year up to the 2020-21 financial year.

The DoJ&CD is currently negotiating an Extradition and Mutual Legal Assistance agreements with Cuba. These agreements have not yet entered into force and are not linked to any work exchange programme and/or employment between the two countries.

The position is that the DoJ&CD does not currently have any plans to conclude work exchange programme and/or employment with any entity of the Republic of Cuba.

Neither the Department of Correctional Services concluded any work exchange or employment agreements with any entity of the Republic of Cuba since 2010/11 financial year up to 2020/ 21 financial year.

(a) Not applicable

(i) Not applicable

(ii) Not applicable

(b) Not applicable

(c) Not applicable

(d) Not applicable

2. Not applicable

(a) Not applicable

(b) Not applicable

END.

Reply:

The South African Police Service (SAPS), is not in a position to provide the information on the granting of protection orders. This is a court process and falls within the mandate of the Department of Justice and Constitutional Development.

The number of protection orders, which were violated, in 2019/2020, per province, is reflected in the table below:

Province	Number per Province
Eastern Cape	28
Free State	11
Gauteng	22
KwaZulu-Natal	22
Limpopo	12
Mpumalanga	5
Northern Cape	5
North West	33 45
Western Cape
Total	183

Reply to question 1824 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 202107-31

Reply to question 1624 approved/not approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 04/08/2021

Reply:

1. No, the Department is not responsible for the licensing of power generation, that is the function of Nersa. Nersa was consulted and they have confirmed that they have not received any licence application from DNG Energy for its proposed Khensani Gas to Power Plant in Komatipoort.
2. See (a) above.

Reply:

Yes, every regulation issued in terms of section 134 of the Correctional Services Act, Act 111 of 1998 as amended was referred to the relevant parliamentary committees as required by section 134(5). The 2004 regulations (promulgated in government gazette 26626 dated 30 July 2004) and 2012 regulations (promulgated in government gazette (35277 dated 25 April 2012) are the only regulations issued and there have been no amendments since 2012.

(a) Not applicable.

(b) Not applicable.

END.

Reply:

1. Permission to access to Correctional Centres is permitted under section 99 of the Correctional Services Act, 111 of 1998. This section must be read together with Section 123 which relates to prohibited publication. The Department has a gang combating strategy in place to deal with gangsterism in our facilities.

In the case of the mentioned documentary, permission was granted during 2019 for filming of the documentary at the Brandvlei Correctional Centre, filming then commenced in January 2020.

2. Yes, It is also common practice for the Department to provide qualified Employee Assistance Practitioners (EAP) to officials. Group awareness and therapy programmes are regularly presented to correctional officials. Individual consultations are also arranged for officials who are either referred to the EAP for debriefing or through voluntary personal requests. In the event that further assistance and intervention is required, the cases are referred to external practitioners.

END.

Reply:

a) The DMRE has no Inter-Governmental Agreements with Cuba.

b) N/A

c) (i) N/A, (ii) N/A

Reply:

(1) Shiva Uranium has been issued with three mining rights, and they are all valid

(2) This matter is still before the Business Rescue Practitioner (BRP) and is yet to be finalised. The Department does not get to be involved in the process of appointing the potential buyers, it is only once purchase has been concluded wherein an application to transfer ownership would be made in accordance with the provision of section 11 of the MPRDA. At this stage, such application has not been brought for our attention as the BRP’s process is not yet concluded.

(3) (a) Please see (2) above

(b) Please see (2) above

(c) The date cannot be confirmed as the rescue process is still underway

(4) (a) The Department is of the view that the issue of communicating with previous employees of the mine remains to be the responsibility of the BRP as they are assuming the responsibility of the right holder (b) 31 May 2021

(5)(a) There is financial provision to the value of R61 424 275.00 that has been deposited into Rehabilitation Trust (Cash Deposit) held by the Department.

(b) The environmental liability that was determined by the independent environmental assessor (before the mine went through the BRP’s process) was estimated at R101 018 658. 57, the mine was further directed to address the shortfall of R39 594 383.57, which is still pending.

(c) The shortfall of financial provision has be discussed with the Business Rescue Practitioner in the sense that the potential buyer will be required to demonstrate that they have financial capacity to address the required financial provision before section 11 application is finalised.

 

Reply:

Section 16 for prospecting right and 22 for mining right read with Regulation 5 and 10 of the MPRDA outlines granting criteria for such rights.

Reply:

(1)       What was the total number of unplaced learners (a) of each grade and (b) in each province (i) when schools re-opened on 15 February 2021 and (ii) on the latest date for which information is available; 

Response:

Kindly refer to the attached consolidated table as provided by provinces.

(2)       whether each province removes a learner from the list of unplaced learners once the learner has been offered a place and/or once a place has been accepted by the learner’s parent;

Response:

Learners are removed from the list of unplaced learners as and when placement is confirmed.

(3)       what is the total number of learners who have been removed from the list of unplaced learners in each province without parents having accepted any of the places that were offered? 

Response:

There are no learners removed from the list of unplaced learners without the consent  of the parents. They are only removed when placement is made and confirmed by parents.                                                                  

Reply:

In terms of section 227 of the Constitution, local government is entitled to an equitable share of nationally raised revenue to enable it to provide a package of free basic services to poor households and to support additional costs for municipalities with limited own revenue 1. potential. The local government equitable share (LGES) is an unconditional transfer that supplements the revenue that municipalities can raise themselves (including revenue raised through property rates and service charges). The components and sub-components of the LGES formula are neither an indicative budget nor a guideline as to how much should be spent on each service. Its annual baseline growth is determined, taking into account household growth (typically about 3% per year) and cost increases, including for bulk electricity and bulk water, which are typically above inflation. Despite the government's progress in ensuring that millions of households receive basic services, the demand for services remains high and outstrips the pace of delivery. Municipalities are able to use a variety of targeting methods to distribute free basic services to households, including household income, geographical, property and service value. This flexible approach means arbitrary decisions may exclude certain households. The intended recipients of free basic services should be poor households. Each municipality identifies households falling within their prescribed classification method and municipalities develop a subsidy framework based on targeting mechanisms designed to ensure that wealthy or middle-income people do not benefit from free basic service; that is, so long as the household has a municipal account and is registered on the municipality’s indigent register, it can get the free basic services package. Therefore, the R9 billion is indicative of how much it costs to cover the costs of providing free basic electricity to poor households and is therefore used to determine a fair and equitale allocation that each municipality is entitled to receive. Some municipalities have actually a Free Basic Services (FBS) policy that provides higher level of services than the norm indicated by the formual. The decision of how and where these funds are spent is up to the respective municipal councils. The Division of Revenue Act (DoRA) as a legislation that governs how grants are monitored does not give National Treasury and the National Transferring Officer (NTO) the powers to monitor spending on Equitable Share in line with indicative amounts reflected by the formula. This is different for direct grants whereby the DoRA is explicit on the monitoring mechanisms to be applied on a monthly basis.

2. The LGES is transferred by the Department of Cooperative Governance (DCoG). Due to being an unconditional transfer, the DoRA does not give National Treasury and DCoG the powers to monitor LGES expenditure. This is different for conditional grants as the DoRA is explicit on the monthly and quarterly reporting and monitoring requirements for these transfers. As noted above, the poverty threshold used in the LGES formula - which along with the cost factor for each service – determines each municipality’s allocation for each service in the FBS component, is not an official poverty line or a required level to be used by municipalities in their own indigence policies. The Explanatory memo to DoRA does however state that, if municipalities choose to provide free basic services to fewer households than what they are funded for through the LGES, then their budget documentation should clearly set out why they have made that choice and how they have consulted with their community during the budget process.

• Different national departments or NTOs administer conditional grants, and these departments are responsible for monitoring and ensuring that the conditional grants they allocate to municipalities are spent on their intended purpose. This is done through ensuring compliance with DoRA and the applicable conditional grants framework by municipalities, including providing business plans, implementation plans and cash flows. Municipalities also need to report on a monthly and quarterly basis to the national department administering the grant. The administering department also monitors and undertake site visits to ensure compliance by municipalities. Where there is non-compliance, they ought to apply the levers available to them through DoRA, which includes withholding transfers and they may propose the stopping and reallocation of a portion or an entire municipality's grant allocation.

In order to guard against the misuse of conditional grants, if the National Treasury (NT) anticipates that a municipality may underspend on the allocation or a portion of the allocation, NT may in its discretion or on request of a transferring officer, withhold, stop and re-allocate the transfer of a Schedule 4B or 5B allocation, or a portion to a municipality. This is in line with sections 17,18 and 19 of the 2020 DoRA and Section 38 of the Municipal Finance Management Act, 2003 (Act No. 56 of 2003) (MFMA). Further, in instances where municipalities commit serious or persistent breach of any of the provisions of the DoRA or the MFMA, NT may decide to stop or withhold funds to a municipality by invoking section 216(2) of the Constitution and section 39 of MFMA for no more than 120 days subject to an approval by Parliament.

3. NT has not been informed and would not be in a position to determine that the funds for free basic services have been spent on other areas given that the allocations indicated by the formulal are not meant to be indicator of budgets but to ensure equitable allocations per muncipality. What can be of assistance is for the respective municipal councils to have ways of monitoring budget spending by municipalities and ensure that there is consequence management for non-compliance with the DoRA prescripts as the councils and municipal managers have powers to implement such measures.

Reply:

(1)(a) The total number of posts currently vacant in the National Treasury is 170.

(1)(b)(c) The time period and relevant details are as follows:

POST JOB TITLE DESCRIPTION	VACANT SINCE
Receptionist	2019/12/01
Parliamentary and Cabinet Support (OMIN)	2019/12/01
Administrative Support and Co-Ordination (OMIN)	2020/01/07
Director: Office of Deputy Minister	2019/06/30
Parliamentary Officer	2018/03/31
Private and Appointment Secretary (OMIN)	2019/12/01
Chief Director: Office of Minister	2018/03/31
Assistant Administrative/Appointment Secretary	2020/01/03
Administrative Assistant	2018/12/31
Director: Corporate Law	2021/02/01
Deputy Director: Corporate Law	2020/10/01
Deputy Director: Litigation and Administration	2020/05/31
Assistant Director: Legislation (ODG)	2021/02/01
Deputy Director: Marketing, Advertising and Public Relations	2020/10/01
Junior Graphic Designer	2020/02/29
Enterprise Risk Management Analysts	2021/02/28
Driver	2021/01/31
Analyst: Corporate Governance	2020/10/16
Snr Analyst: Prov Fin Development Institution	2021/01/01
Director: Treasury Operation	2018/04/01
Chief Director: Liability Management	2020/12/15
Analyst: Debt Issuance and Management	2020/02/01
Snr Analyst: Debt Issuance and Management	2021/01/31
Director: Debt Issuance and Management	2020/09/30
Helpdesk: Retail Bonds Operations	2021/02/13
Analyst: Accounting and Information	2021/03/01
Director: Accounting and Information	2020/09/01
Analyst: Market Risk	2020/12/10
Director: Energy and Telecoms	2021/03/31
Deputy Director-General: Budget Office	2017/12/01
Deputy Director: Programme Coordination	2020/09/01
Policy Analyst: National Budgets	2020/02/01
Snr Policy Analyst: Budget Reform	2021/04/01
Chief Director: Public Finance Statistics	2021/02/01
Policy Analyst: Extra Budgetary Accounts and Funds	2021/03/15
Snr Policy Analyst: Extra Budgetary Accounts & Funds	2019/09/30
Snr Policy Analyst: Portfolio & Strategic Management	2021/03/31
Snr Policy Analyst: Infrastructure Finance	2020/02/01
Assistant Director: Fiscal Research (BO)	2020/10/01
Snr Policy Analyst: Fiscal Research	2021/03/13
Chief Director: Public Sector Remuneration Analysis	2021/01/26
Snr Policy Analyst: Civil Pension	2020/02/01
Senior Budget Analyst: Public Finance	2020/12/17
Programme Coordinator	2019/06/30
Senior Budget Analyst: Public Finance	2020/10/01
Budget Analyst: Basic Education Sports & Recreation	2020/12/01
Senior Budget Analyst: Public Finance	2020/07/25
Director: Higher Education & Training	2020/11/11
Budget Analyst: Communications and Energy	2021/02/01
Senior Budget Analyst: Public Finance	2020/09/01
Director: Public Finance	2020/04/01
Director: Forecasting	2019/07/01
Economist: Econometric Research	2021/02/01
Economist: Econometric Research	2021/02/01
Senior Economist: Sectoral & Revenue Modelling	2020/10/01
Chief Director: Microeconomic Policy	2020/12/01
Snr Economist: Primary Sectors	2020/02/01
Director: Sectors	2021/04/07
Senior Economist: Secondary Sectors	2020/01/01
Director: Secondary Sectors	2020/09/01
Director: Environmental Economics	2020/10/01
Chief Director: Macroeconomic Policy	2020/08/07
Snr Economist: Growth	2020/11/01
Economist: Fiscal Framework (IGR)	2020/02/26
Director: Fiscal Framework (IGR)	2018/11/01
Director: Local Government Fiscal Framework	2020/11/11
Economist: Budget Process	2019/12/01
Snr Budget Analyst: Provincial Budget Analysis	2021/04/01
Snr Budget Analyst: Provincial Budget Analysis	2019/11/01
Director: Provincial Budget Analysis	2021/03/31
Deputy Director: Spatial Planning	2019/09/30
Project Coordinator	2020/09/30
Project Manager	2020/04/01
Budget Analyst: Provincial Budget Analysis	2020/10/01
Budget Analyst: Provincial Budget Analysis	2020/10/01
Snr Economist: Local Government Budget Analysis	2020/03/31
Director: Local Government Budget Analysis	2019/04/30
Snr Economist: Local Government Budget Analysis	2018/12/31
Director: Local Government Budget Analysis	2019/08/02
Manager: Investment Planning	2020/05/31
Project Manager	2021/04/01
Urban Economist: NDGP	2020/09/30
Project Manager	2020/11/09
Snr Economist: Financial Inclusion	2020/10/01
Snr Economist: Financial Sector Charter	2020/10/01
Snr Economist: Banking Development	2019/08/15
Chief Director: Financial Services	2020/10/01
Chief Director: Financial Markets & Stability	2020/07/31
Economist: Business Taxes	2020/11/01
Director: Business Tax	2018/10/15
Senior Economist: Tax Revenue Database	2019/09/01
Director: Environment & Fuel Taxes	2020/10/01
Team Assistant	2021/03/01
Deputy Director: International Tax Treaties	2021/02/01
Deputy Director: International Tax Treaties	2021/02/01
Economist: Africa Economic Integration	2020/10/31
Deputy Director: International Organisations	2020/10/01
Senior Economist: G20	2020/12/11
Director: BRICS	2020/11/04
Chief Procurement Officer	2016/12/31
Deputy Director: Transversal Contract Management	2020/10/31
Assistant Director: Transversal Contract Management	2020/10/01
Deputy Director: Transversal Contract Management	2020/12/31
Deputy Director: Transversal Contract Management	2020/02/29
Director: Central Supplier Database	2020/10/01
Assistant Director: Strategic Procurement	2020/10/01
Director: SCM Strategic Procurement	2021/03/15
Assistant Director: Strategic Procurement	2020/10/01
Director: SCM Client Support Local Gov	2020/06/30
Deputy Director: SCM Monitoring & Compliance	2020/09/30
Deputy Director: SCM GMC (OCPO)	2020/10/01
Deputy Director: SCM GMC (OCPO)	2020/10/01
Deputy Director: SCM GMC (OCPO)	2020/10/01
Deputy Director: SCM GMC (OCPO)	2020/10/01
Deputy Director: Programme Coordination	2020/09/01
Facilities Generalist: Help Desk	2020/06/30
Facilities Generalist: Help Desk	2018/11/01
Human Resources Support: Service Delivery	2020/01/01
Manager: Talent Development & Performance Management	2020/05/31
HR Support: Employee Wellness Programme	2020/01/01
Employee Relations Practitioner	2020/02/01
Manager: Organisational Development	2021/03/31
Deputy Director: Employee Health Wellness & Trans	2020/09/01
Human Resources Support: Recruitment	2019/10/01
Financial Admin Specialist: Internal Control	2019/12/01
Financial Admin Specialist: Budget	2020/02/01
SCM Database Administrator	2020/10/01
Bids Administrator	2021/03/12
Assistant Manager: Travel Coordination	2021/01/01
Manager: Performance & Risk	2019/11/30
Manager: Strategic Sourcing / Acquisition (Corporate Services)	2020/05/31
Receipt and Inventory Coordinator	2021/03/15
Deputy Director: SCM Operations (Corporate Services)	2019/07/03
Financial Analyst: Public Entities Oversight Unit	2020/10/01
Team Assistant	2020/06/03
ICT Administrator	2020/10/01
Deputy Director: Information Security	2020/10/01
Senior Security Officer	2020/12/18
Senior Security Officer	2020/09/30
Director: Security Management	2021/03/09
Chief Audit Executive	2019/07/31
Team Assistant	2019/12/01
Business Support Manager	2019/04/04
Jnr IT Audit Specialist	2020/04/30
Manager: IT Audit	2020/02/24
Manager: IT Audit	2020/08/31
Senior Manager: IT Audit	2019/05/31
Jnr Performance Audit Specialist	2019/09/30
Senior QA and Compliance Audit Specialist	2019/10/17
Senior Manager: Quality Assurance & Compl Audit	2019/06/17
Project Manager	2020/01/10
Accountant-General	2015/10/09
MFMA Advisor	2019/07/01
Director: MFRS	2019/10/31
Financial Analyst: NRF & RDP (Banking Services)	2019/08/31
Financial Analyst: NRF & RDP	2021/01/31
Director: Justice & Protection Services Cluster	2020/07/31
Director: MFMA Support	2020/10/01
Chief Director: Specialised Audit Services	2020/07/04
Snr Fin Analyst: Fin Man & Int Contr Systems Audit	2021/04/01
Chief Director: Capacity Building	2018/12/01
CAA Trainees	2021/03/11
Deputy Director: SCM Education Training & Development	2020/11/16
Chief Director: Financial Systems	2020/06/30
Refreshment Coordinator (Corporate Services)	2020/05/20
Financial Systems Administrator	2019/07/23
Systems Specialist: Projects Management	2021/02/11
Snr Systems Specialist: Projects Management	2021/03/31
Snr System Specialist: Training & Support	2021/02/28
Training Administration Officer (Financial Systems)	2019/07/01

(2)(a) The total number of vacant posts currently in the National Treasury have been filled on an acting basis is 17.

(2)(b)(c) The time period and relevant details are as follows:

VACANT POSTS FILLED ON AN ACTING BASIS	PERIOD POSITION HAS BEEN VACANT	ANY OTHER RELEVANT DETAILS IN EACH CASE
Deputy Director-General: Chief Procurement Officer	December 2016 to date	Headhunting stage
Deputy Director-General: Accounting General	October 2015 to date	Headhunting stage
Chief Director: Financial Systems	June 2020 to date	Waiting Organitational Review process finalisation
Chief Director: Capacity Building	June 2020 to date	Recruitment is underway: re- advertisement
Director: Provincial Fiscal Framework	July 2020 to date	Recruitment is underway: at offer stage
Chief Director: Microeconomic Policy	December 2020	Recruitment is underway
Director: Forecasting	July 2019 to date	To be re-advertised
Director: Secondary Sector	September 2020	Recruitment is underway: re- advertisement
Deputy Director-General: Budget Office	December 2017 to date	Recruitment is underway
Chief Director: Fiscal Policy	March 2021 to date	Awaiting funding confirmation, then will start with recruitment
Chief Director: Public Finance Statistics	February 2021 to date	Awaiting funding confirmation, then will start with recruitment
Chief Director: Public Sector Remuneration	January 2021 to date	Awaiting funding confirmation, then will start with recruitment
Director: Security Management	March 2021	The previous Director: Security Management got promoted to Chief Risk Officer
Assistant Director: Travel Coordinator	November 2020	Previous incumbent resigned pending disciplinary action
Chief Director: Financial Markets, Stability and Prudential Regulations	July 2020 to 15 March 2021	Recruitment is underway-assessment stage
Director: Treasury Operations	April 2018 to date	Recruitment is underway- assessment stage
Chief Director: Liability Management	August 2020 to date	Recruitment is underway: re- advertisement

Reply:

a) Independent Trustees were appointed by the Master of the High Court Cape Town in 2018 and letters of authority were issued for these Trustees to finalise the verification of members of the Ndabeni Community Trust in collaboration with the Office of the Regional Land Claims Commission: Western Cape. The Trustees are assisted by a committee of six representatives appointed from the community and regular meetings are held by the parties to resolve all the outstanding issues.

b) We are unable to confirm the date envisaged for the claimants to have full use and benefit of the land as yet because negotiations with the City of Cape Town, the Commission, the Department and representatives of the unlawful occupiers are still on going.

END

Reply:

(1) It is not yet necessary for the Department of Basic Education (DBE) to take any steps against the Principal until the Gauteng Department of Education, through its relevant Education District authority, has had an opportunity to interact with the School Principal to provide proper hearing on how the standpoint of the Code of Conduct at the school on such matters has been interpreted.

The Provincial Department and District Office will be advised ahead of time of their interaction with the School Principal, to clarify with the School Principal the fundamentals of the DBE Human Rights Education programme offering, in raising awareness among learners, regarding constitutional imperatives; as well as violence and crimes against humanity.  Thereafter, the necessary adjustments and modifications will follow, which could include further clarification in the provisions in the Code of Conduct, or retraction of the instruction by the Principal where violation is detected.

(2) The DBE will not be issuing any such directive at this stage.  Instead, an invitation is being extended to all Provincial Departments and schools to participate in the Oral History, Moot Court, and Youth Citizen Action programmes, where such matters are safely discussed and debated, to support the Curriculum and Assessment Policy Statement (CAPS) existing provisions in Social Sciences, Lifeskills and Life Orientation.

Reply:

(a) and (b) As the Minister of Basic Education, I do not know who was responsible for issuing the specified contracts, and what steps will be taken by the Gauteng Administration in that regard.  Matters of procurement in all the 9 Provincial Education Departments (PEDs), are processed and finalised by the respective PEDs; and the national Department of Education (DBE) has no jurisdiction over any of the PEDs on such matters.  PEDs, similar to the DBE, have an obligation in terms of the Public Finance Management Act (PFMA), Treasury Regulations, Treasury Instruction Notes, Preferential Procurement Policy Framework Act (PPPFA) and PPPFA Regulations, to follow due process when procuring goods and services. 

Reply:

(1)(a)(i)(ii) 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 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. In terms of the Regulation 29 of the Regulations for the Reserve Force, the date of retirement of a Reserve Force member may be extended to the date on which he or she attains the age of 75 years.

(b) The following are the reasons and motivations for certain persons not retiring at the age of 60:

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

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

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 Defence Act makes provision for members to be appointed and utilised in the Regular Force from the age of 18 to 65 years, while the Regulations for the Reserve Force makes provision for the extension of the retirement of a Reserve Force member from 65 to 75 years.

Reply:

There is a total of 1 139 unqualified educators employed by Provincial Education Departments (PEDs) across the country.  This number is made up of 1 038 temporary and 101 permanent educators.  The 101 permanent educators are the protected group, who were made permanent in 2001.  The number of unqualified educators has declined, and is down to zero in some PEDs.  Some of these educators, are either in scarce skills subjects; or are teaching in farm and rural schools.  Some are in technical schools, where they teach technical-vocational subjects.

Reply:

a) The budget cut on the Grant in 2020/21 totaled 1.5% over the 2021 MTEF.  This cut has affected all provinces; especially on priorities, such as the meal costs, which were not substantially increased against the rising food prices.  Also the honoraria for Volunteer Food Handlers could not be increased in line with the Ministerial Determination of the Department of Employment and Labour.

b, The number of learners/meals was affected by the rotation timetable. However, no meals were reduced, as all learners attending school or collecting meals/food parcels were catered for at the school. 

Reply:

a) The loan from the International Monetary Fundf (IMF) was a Rapid Financing Instrument (RFI) facility, which was a temporary arrangement by the IMF for its member countries in response to the Covid outbreak. It is a loan that provides rapid and low-access (including low-interest) financial assistance to member countries facing an urgent balance of payments need, without having to agree to a full-fledged IMF structural adjustment program. It provides support to meet a broad range of urgent needs, including those arising from commodity price shocks, natural disasters, conflict and post-conflict situations, and emergencies resulting from fragility. South Africa applied for the loan in the context of an unprecedented fall in government revenues, coupled with a spike in borrowing costs in the market. The loan was for the following purposes:

• 1. Implement a counter-cyclical fiscal policy, by avoiding a dramatic and damaging reduction in government spending in response to an unprecedent fall in tax revenues as a result of the CoVid-induced economic crisis; and
• 2. Finance a sizeable potion of the Covid relief package announced by the President on 21 April 2020 and implemented in the Special Adjustments Budget of 24 June 2020. At the time, this loan financed was estimated to finance between R70 billion and R75 billion of the overall fiscal relief package overall.

The loan supported the spending plans in the 2020 Special Adjustments Budget of 24 June 2020, along with other sources of borrowing. At the time of the Special Adjustments Budget, the total planned borrowings amounted to R776.9 billion. This was revised substantially down to R670.3 billion at the time of the 2021 Budget, with the IMF loan being around R75 billion of this. South Africa will repay the loan over a maximum 5-year period as stipulated in the Letter of Intent (LOI).

b) The loan is part of the overall pool of government borrowings and all the financing instruments that are accessed by government are used to finance spending appropriated by Parliament. At the time of finalizing the RFI arrangement with the IMF, there was no credible information internationally on a widely-available vaccine, and this was not the intended purpose of the loan. Following the development of a vaccine, government has made allocations for a full-vaccination programme over the MTEF. The spending ceiling was lifted in 2021/22 mainly for the vaccine, meaning that borrowings are in part directed towards the vaccine.

c) The loan was given with the broad understanding that it would assist with mitigating the effects of the economic crisis, and did not require earmarking of the funds towards specific spending items. The loan was not subject to conditionalities that compromised fiscal sovereignty. However, as outlined in the Letter of Intent (LOI) signed by the Minister of Finance and the Governor of the South African Reserve Bank (SARB), government is obligated to provide broad spending reports to the IMF in line with the requirements of the PFMA. The National Treasury has published spending reports on the 2020 Special Adjustments Budget in terms of section 32 of the PFMA, and provided an update on the spending against this package in the Budget Review published on 24 February 2021.

Reply:

1. & (2)

The National Treasury has not concluded any work exchange and / or employment agreements with any entity of the Republic of Cuba during the period 2010/11 FY to 2020/21 FY. The National Treasury is an equal opportunity employer and follows all prescripts in terms of employment in the public service. The department does not hold any formal position in regards to work exchange and / or employment agreements with any entity of the Republic of Cuba.

Reply:

1. The court order granted in favour of the applicant Astral Operations Limited related to a failure of the Provincial Executive to ensure implementation of the financial recovery plan rather than a failure of government to prepare a financial recovery plan for the Lekwa Local Municipality. When the application for a national intervention was first sought by Astral Operations Limited in 2018, it was agreed that a national intervention at that time was premature, since the Province had already resolved to intervene in the Lekwa Local Municipality in October 2018. A national intervention is a last resort remedy in terms of the hierarchy of interventions outlined in S139 of the Constitution. Consequently, the key role players agreed to support the provincial intervention and the application was subsequently held in abeyance to allow the provincial intervention to unfold and for the financial recovery plan to be implemented with the view that the intervention would address the concerns raised by Astral.

However, since the approval of the financial recovery plan for the Lekwa Local Municipality by the MEC for Finance in the Mpumalanga Province in October 2019, no significant improvement has been noted in the Municipality. Astral Operations Limited has now revived the application on the principle basis that the financial recovery plan was not implemented and ultimately the provincial intervention has failed. Astral now insisted on a national intervention.

2. Section 139(1) (a) (v) (bb) of the Municipal Finance Management Act, No. 56 of 2003 (MFMA) requires that a financial recovery plan be prepared within a period not exceeding 90 days determined by the MEC for Finance in the Province. The court order issued on 12 April 2021 allows for a period of 6 months from the date of the order, however, the financial recovery plan will be prepared in terms of the timeframes in the MFMA.

3. There are court applications and orders in this regard against the following municipalities:

• Emalahleni Local Municipality in Mpumalanga - a High court application brought by Save Emalahleni Action Group and Others to compel the province to invoke a mandatory intervention in the municipality. An order by consent of all parties was granted by the Court for the mandatory intervention. If the province fails to comply with statutory provisions relating to mandatory intervention and if the applicants intend to review any decision the applicants may enrol the matter file supplementary papers seeking appropriate relief which might possibly also include national intervention in terms of section 139(7) of the Constitution.

• Enoch Mgijima Local Municipality in the Eastern Cape - a High Court application brought by Let’s talk Komani against the Premier and Others seeking a mandatory intervention in terms of section 139 of the Constitution. An order by consent of all parties was granted by the Court to the effect that the financial recovery plan approved by the province was made an Order of Court; the province reports quarterly to the High Court on progress on the implementation of the financial recovery plan.

• Makana Local Municipality in the Eastern Cape - a High Court application was brought by the Unemployed Peoples Movement against the Premier of the Eastern Cape and Others seeking a mandatory intervention by the province into the Makana Local Municipality; the dissolution of the municipal council; and the appointment of an administrator.

• Kannaland Local Municipality in the Western Cape - a High Court application brought by the municipality against the provincial government for judicial review of decisions of the provincial executive to intervene in the municipality, claiming that the financial recovery plan of March 2017 and appointment of administrators was unlawful and unconstitutional.

• Maluti-A-Phofung Local Municipality in Free State province - a High Court application which was brought by Harrismith Business Forum to interdict Eskom from discontinuing electricity supply to Maluti-A-Phofung municipality and to compel national government to intervene in terms of section 139(7) of the Constitution. An order by consent of all parties was granted by the Court to, amongst others, establish a consultative committee chaired by the Minister of Cooperative Governance and Traditional Affairs and prepare a financial recovery plan;

• Mafube Local Municipality in Free State province – a High Court application brought by Mafube Business Forum and Afriforum seeking declaration that the provincial intervention has failed and jurisdictional facts for national intervention in terms of section 139(7) of the Constitution are present.

Reply:

(1)

 (i)(ii)(aa)(bb)(cc) Table 1 (ATTACHED ANNEXURE) indicates the number of learners by quintile and province between 2018 and 2020. (see attached).

 

Province	2012	2013	2014	2015	2016	2017	2018	2019	2020
Eastern Cape	1 951 523	1 938 078	1,946,885	1,953,397	1,961,547	1,795,563	1,840,780	1,843,814	1,843,297
Free State	661 974	664 508	672,290	682,704	688,349	701,487	707,166	716,080	719,847
Gauteng	2 075 387	2 129 526	2,191,475	2,262,319	2,326,584	2,413,225	2,402,576	2,447,377	2,508,387
KwaZulu-Natal	2 877 969	2 866 570	2,901,697	2,881,518	2,877,544	2,863,316	2,821,221	2,844,764	2,867,271
Limpopo	1 715 778	1 714 832	1,720,585	1,753,734	1,765,555	1,776,467	1,724,791	1,753,819	1,759,322
Mpumalanga	1 054 783	1 052 807	1,057,788	1,079,280	1,074,352	1,096,428	1,045,972	1,094,941	1,107,890
Northern Cape	277 494	282 631	289,004	290,139	292,595	292,377	295,339	298,888	304,237
North West	775 142	788 261	800,316	813,873	829,467	825,776	840,640	852,589	863,071
Western Cape	1 038 019	1 052 435	1,075,396	1,097,509	1,116,572	1,127,634	1,141,057	1,188,926	1,243,150
South Africa	12 428 069	12 489 648	12,655,436	12,814,473	12,932,565	12,892,273	12,819,542	13,041,198	13,216,472

(b) The data provided in question i and  ii, were extracted from the 2018, 2019 and 2020 School Master list data which is also published on the Department's Website.

 

(2) Table 2  shows the number of learners, by province, between 2012 and 2020. Please note that the 2021 data is not yet available.

Table 2: Number of learners in ordinary schools, by province, between 2012 and 2020

Sources: 2012-2016 SNAP Survey. 2017-2020 LURITS

Reply:

South Africa is one of the biggest economies in Africa and has always been an attractive destination to citizens from neighbouring countries seeking better economic opportunities. Although South Africa, the region and Africa face similar challenges of poverty, inequality and unemployment, South Africa is seen as providing better economic opportunities. Inevitably this has also attracted illegal and irregular migration.

South Africa’s Foreign Policy priorities are centred on the region first and in Africa, being cognisant of the fact that South Africa’s prosperity and her ability to address inequality, poverty and unemployment are interlinked and inseparable to that of the region and Africa. In this regard, South Africa has bilateral engagements with all the countries in the region and eight countries have engagements on the highest level of Bi-National Commissions. It is through cooperation within these mechanisms that South Africa seeks to address the challenges within the areas of peace and security, social, economics and politics.

Reply:

(1) The Ministerial cock-off was part of the pre-Tourism Budget Vote departmental awareness activities, showcasing the work of the department in terms of the participation of graduate Chefs from its training programmes as well as promoting a culture of eating out particularly at township establishments.

(2) (a) The event cost was R150 000,00 (One hundred and fifty thousand rand) covering the venue and mobile kitchen hire, event staffing, safety and event compliance requirements, the stage, sound system, food supplies, exhibition setup, publicity including live-streaming of activities and sound system.

It is also important to state that there was no payment made to Mr Somizi Mhlongo and the department notes with concern the general public perception that he benefited from the event, which is not the case.

(b) The funds were obtained from the Chief Directorate: Communications from its 2021/22 MTEF allocation.

(c) The Tourism Act, No 3 of 2014 provides for development and promotion of tourism in South Africa.

Reply:

The management of water resources and water infrastructure is the competency of the relevant Local Authority and the Department of Water Affairs and Sanitation as well as the relevant Water Board. The matter of sewerage spills and water pollution are usually addressed by these competent authorities. Where these matters are raised directly with the Department of Tourism, they are then brought to the attention of the competent authorities for resolution. It is suggested that the Honourable member refers her question to the Minister of Water Affairs and Sanitation as well as the relevant Provincial and Local Authority.

Reply:

The Honorable member is referred to previous responses to Hon HS Gumbi, Question numbers: 467,468,469,651 and 652, as tabled on 21 April 2021 in this regard.

The Department of Tourism does not keep data on Community Tourism Organisations. The Department’s point of entry to community organisations is through Provincial and Local government with due recognition of the concurrency of the tourism legislative mandate. The Department maintains this approach as it has worked effectively in terms of outreach and engagements with local tourism communities as well as from an intergovernmental relations point of view. Thus, the department acknowledges concurrent legislative competence and that local govenment is responsible for the development of local tourism including matters related to community tourism organisations.

a) How is funding to community tourism organisations (CTOs) determined.

Community Tourism Organisations (CTOs) are independent associations based on voluntary participation by their membership. The organisations are responsible for their own operations including financial aspects thereof. The Department of Tourism does not fund CTOs.

b) (i) and (ii) Not Applicable

 

Reply:

a) (i)  93 532 TVET college students
            

b) (ii)  52 992 University students

Un-funding Reason	TVET Colleges	Universities
The academic pathway that is not funded as per the DHET guidelines for TVET colleges	5 376
Highest qualification level already achieved		22 014
N+ exceeded	140	22 649
Student failed	88 016	8 326
Student funded by other bursary		3
Total	93 532	52 992

Reply:

(a) and (b) The question asked falls within the Executive Authority of the Member of Executive Council (MEC) for Education in Gauteng Province, not the Minister of Basic Education.  

Reply:

It should be noted that the above expenditures marked A, B, and C were incurred using the services of the suppliers and NPOs appointed through Community Work Programme.

SUPPIER	SERVICES RENDERED	AMOUNT
SEKELA XABISO	AUDIT SERVICES	R5 019 449,89
AUDIT COMMITTEE	AUDIT COMMITTEE SERVICES	R962 101,00
THEMBALETHU	IMPLEMENTING AGENCY SERVICES	R8 613,50
TOP MEDIA COMMUNICATIONS	COMMUNICATION SERVICES	R199 594,40
PRICEWATER COOPERS	FINANCIAL MANAGEMENT SERVICES	R408 405,88
INSIKA	SAFTEY AND HEALTH SERVICES	R41 800,00
SAYM	ORGANISATIONAL ADVISORY SERVICES	R129 277,06
VARIOUS IMPLEMENTING AGENCIES (CWP)	RESEARCH & ADVISORY SERVICES	R16 694 301,27
ALEXANDER FORBES	RESEARCH & ADVISORY SERVICES	R16 319,40
SAQA	VERIFICATION OF QUALIFICATIONS	R641 414,73
MAGAGSON BUSINESS ENTERPRISE	TRANSLATION & TRANSCRIPT SERVICES	R644 257,98
ISILUMKO STAFFING	RECRUITMENT SERVICES	R2 123 291,63
ADVERT & RESPONSE HANDLING HCM	RECRUITMENT SERVICES	R221 005,13
FEMPOWER PERSONNEL	RECRUITMENT SERVICES	R16 701 942,96
OBVIOUS CHOICE	RECRUITMENT SERVICES	R728 206,45
ULTIMATE RECRUITMENT	RECRUITMENT SERVICES	R209 656,70
GIJIMA HOLDINGS	RECRUITMENT SERVICES	R24 351,00
VARIOUS IMPLEMENTING AGENCIES (CWP)	RECRUITMENT SERVICES	(B) R7 401 633,17
PALMER DEVELOPMENT GROUP	PROJECT MANAGEMENT SERVICES	R748 991,50
KIJAMI DEVELOPMENT CC	PROJECT MANAGEMENT SERVICES	R1 613 586,40
RESILIENCE GLOBALE	PROJECT MANAGEMENT SERVICES	R199 507,80
21ST CENTURY PAY SOLUTIONS	PROJECT MANAGEMENT SERVICES	R106 375,00
BONAKUDE CONSULTING	PROJECT MANAGEMENT SERVICES	R7 647 703,69
KAGISO TRUST	PROJECT MANAGEMENT SERVICES	R9 214 315,20
DBSA	PROJECT MANAGEMENT SERVICES	R14 585 171,24
NKONKE TRADING	PROJECT MANAGEMENT SERVICES	R11 010 020,00
BIGEN AFRICA	PROJECT MANAGEMENT SERVICES	R9 939 051,27
DATAWORLD	PROJECT MANAGEMENT SERVICES	R7 898 684,21
DUCHARME	PROJECT MANAGEMENT SERVICES	R3 146 100,00
UBAC	PROJECT MANAGEMENT FEES	R10 800 000,00
VARIOUS IMPLEMENTING AGENCIES (CWP)	PROJECT MANAGEMENT FEES	( C ) R243 280 602,79
TOTAL	372 365 731,25

Reply:

(a) The design of the School Realities report has not yet been completed.  However, the School Realities data has been approved by the Accounting Officer in October 2020 and is available from the Department.

(b) The School Realities report will be published by the end of June 2021 on the Department's website.  

(c) School closures in 2020, due to the COVID-19 pandemic and the subsequent suspension of normal programming in the Basic Education Sector, led to the delay.

Reply:

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

Reply:

(a) The Incremental Introduction of African Languages (IIAL) continues to target schools that did not offer a previously marginalised official African language (2 584) and is currently being implemented in 2 144 (83%) schools. There is thus a shortfall of 440 schools. The IIAL strategy has been implemented in Grades 1-3, and it was supposed to move to Grade 4 in 2021.  However, its implementation has been impacted by the COVID-19 pandemic; and the Department of Basic Education's (DBE) primary focus has been and continues to be on fundamentals, which is the Home Language and the First Additional Language levels (reading and writing).  It is worth noting that there are schools that are already implementing the IIAL strategy up to Grade 7, as evidenced through the 2021 Annual Performance Plan monitoring report. 

(b) All the language related legislation, policies, programmes and strategies that are developed, adopted and used by the DBE advocate for learners to primarily learn through their home languages.  Section 29(2) of the Constitution of the Republic of South Africa provides that "everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable."  This Bill of Rights is further echoed by the National Education Policy Act (1996), the South African Schools Act (1996), and the Language in Education Policy (1997). The National Development Plan is also very explicit and recommends that learners' Home Language be used as a language of learning and teaching for longer.

The National Curriculum Statement Grades R-12 supports mother tongue education, particularly in the Foundation Phase where learners learn the critical foundational skills of reading, writing and counting.  Consequently, African languages are mainly used as languages of learning and teaching in the Foundation Phase.

The DBE developed the Language Framework document, which aims to support the utilisation of African languages as languages of learning and teaching in the early grades and beyond. 

Provinces continue to support and extend the use of mother tongue education. The Eastern Cape, forexample, initiated the Mother Tongue-Based Bilingual Education, wherein 2 024 schools are using IsiXhosa and Sesotho for learning and teaching beyond the Foundation Phase.  Learners in these schools are taught Mathematics, Natural Science and Technology in their Home Languages of  IsiXhosa and Sesotho.  The 2020 Grade 12 learners, for the first time in the history of the NCS, had access to preliminary examination question papers in their Home Languages (IsiXhosa and Sesotho).

Reply:

What (a) are the criteria of the allocation schools to quintiles across the Republic and in each province and (b) percentage of schools (i) should be in each quintile in each province and (ii) are in fact allocated in each quintile in each province.

(a) The National Norms and Standards for School Funding (NNSSF) prescribes that the Provincial Education Departments (PEDs), when determining the relative poverty of a school and consequently in which quintile a school is placed, should base their decisions on the relative poverty of the community around the school, using national census data; and taking into account indicators, such as income; dependency ratio (or unemployment rate); and level of education of the community (or literacy rate). Schools may dispute the correctness of the poverty score assigned through representation to the provincial Head of Department.

The cut-off line between quintiles within a province is guided by the national poverty distribution table as provided in the school funding policy (Paragraph 111 of the NNSSF). This poverty distribution table basically determines the percentage of learners within a province which should be in the different quintiles.

(b)(i) Each year, the Minister of Basic Education publishes a national poverty distribution table, which also indicates the breakdown of the 60% of learners that would not pay school fees. Guided by that table, provinces are required to submit their list of schools that would be no-fee paying schools for the following year. The Minister also annually publishes the no-fee paying schools lists. The following Gazetted ‘national poverty distribution table’ or ‘poverty table’ should be used by provinces in determining how the target table (Paragraph 109 of the NNSSF) finds expression in each province. For example, Eastern Cape must consider the national quintile 1 target to be applicable to as many schools on the resource targeting list as it takes to cover 27.3% of learners, starting from the poorest school.

National Poverty Distribution Table
Quintiles
%	1 poorest	2	3	4	5	Total
EC	27.3	24.7	19.6	17	11.4	100%
FS	20.5	20.9	22.4	20.8	15.4	100%
GP	14.1	14.7	17.9	21.9	31.4	100%
KZN	22.1	23.2	20.2	18.7	15.8	100%
LP	28.2	24.6	24.2	14.9	8	100%
MP	23.1	24.1	21.5	17.7	13.5	100%
NC	21.5	19.3	20.7	21.4	17.1	100%
NW	25.6	22.3	20.8	17.6	13.7	100%
WC	8.6	13.3	18.4	28	31.7	100%
SA	20	20	20	20	20	100%

 

(b)(ii)    Percentage of learners that are in fact allocated in each quintile in each province:

Actual percentage of learners accommodated in each quintile in 2021
Quintiles
%	1 poorest	2	3	4	5	Total
EC	33,11%	20,00%	44,90%	1,00%	1,00%	100%
FS	28,61%	22,75%	28,88%	9,58%	10,17%	100%
GP	14,83%	15,32%	18,21%	21,09%	30,55%	100%
KZN	22,47%	26,40%	32,72%	10,11%	8,31%	100%
LP	34,82%	39,44%	21,35%	1,43%	2,96%	100%
MP	45,22%	37,61%	9,67%	3,90%	3,60%	100%
NC	23,33%	23,58%	25,18%	16,30%	11,62%	100%
NW	28,77%	19,92%	40,04%	10,53%	0,75%	100%
WC	9,85%	13,69%	17,80%	27,21%	31,45%	100%
SA	25,96%	24,47%	27,13%	11,24%	11,16%	100%

All PEDs accomodate more learners in no-fee schools than have been provided for by the policy. In 2021, approximately 87% of all schools have been declared as no-fee paying schools, accommodating approximately 83% of all learners nationally.

Reply:

South African Airways (SAA) wanted to conduct a flight and one of the regulatory provisions required to conduct this flight is the consideration to regain recency of the nominated pilots. Due to the fact that SAA’s Aviation Training Organization (ATO) has not been operational since 27 March 2020, the cessation of all SAA operations as of October 2020, and other factors the airline pilots needed to comply with the South African Civil Aviation Regulations (SACAR) in respect of training and recency before undertaking the planned flight.

SAA therefore applied for an exemption from the following provisions of the South African Civil Aviation Technical Standards as they relate to the crew training and recency:

1.1 SA CATs 121.03.2 2. (1)(a)(c) (d) and (g) - relating to approval of an external training facility.

1.2 SA CATS 121.03.1 point 3 (5) (v) to (viii) & (7) (ii) (cc) & (dd) - relating to external instructor qualification to conduct training for SAA pilots.

1.3 SA CATS 121.03.3 10.1- relating to pilots regaining recency. 

1.4. SA CATS 121.03.3 3 This pertains to recurrent training:

The exemption was granted in respect of four pilots only.

In relation to the provisions of the exemptions: The SACAA is vested with the power to monitor and oversee safety and security in civil aviation. These powers are prescribed in legislation, being the Civil Aviation Act, 2009 (Act No. 13 of 2009). This Act gives powers to the Director of Civil Aviation to consider and, where good cause is shown and after being satisfied that the safety has been properly mitigated, grant an exemption to any person or body from compliance with the provisions of the regulations and associated technical standards.

(2) In terms of Section 37 of the Civil Aviation Act, the SACAA has a duty to investigate any occurrence, which does not fall under the definition of International Civil Aviation Organization (ICAO) Annex 13. This is an international standard practice by all National Aviation Regulators.

The primary distinction in this provision is that there was no damage to the aircraft, property nor injury to personnel.

The South African Civil Aviation Regulations (SACAR) state that:

Functions of Civil Aviation Authority

73. (1) The Civil Aviation Authority has the function of conducting the safety and security oversight of civil aviation in the Republic by—

(2) In addition to the functions referred to in subsection (1) the Civil Aviation Authority has the following functions:

(m) to investigate aircraft accidents and aircraft incidents that the Aviation Safety Investigation Board has determined not to investigate in terms of Chapter 4 and for purposes of regulatory compliance with this Act;

A conflict of interest cannot be confirmed before the cause of the incident is determined. The SACAA investigation extends beyond the Alpha Floor incident and encompasses the lack of timely reporting of the incident to the SACAA as required by the Civil Aviation Regulations.

(3) The Minister of Transport appointed an independent investigating authority for the ZS-CAR accident. The Ethiopian Civil Aviation Accident Prevention and Investigation Bureau was duly appointed.

Reply:

This matter falls within the competence of Gauteng Department of Education (GDE); and as such I had to consult with MEC Lesufi. 

(a) I am informed that MEC  Lesufi visited the Principal, Ms Mabaso, at her home on 14 May 2021; and on the same evening, held a meeting with the  School Governing Body (SGB) members and the SMT of Laerskool Theresapark.  In this meeting, the SGB members (old and new) made submissions on the issue of the Principal. An independent investigation has since been instituted into the allegations of financial mismanagement, and the reported resignation of staff at the school.

(b) On 17 May 2021, the GDE Employee Assistance Programme (EAP) unit visited the Principal, Ms Mabaso at her home to provide support. She was advised to do self-referral and was provided with contact details.

Reply:

1. No, the department does not have any agreement with any agency of the Republic of Cuba in regards to exchange programmes.

(a) (i) Not applicable.

(ii) Not applicable.

(a) Not applicable.

(b) Not applicable.

© Not applicable.

2. Not applicable.

(a) Not applicable.

(b) Not applicable.

Regards

MS B D CREECY, MP

MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT

DATE: 4/6/2021

Reply:

1. The Department of Transport has never concluded any work exchange and/or employment agreements with any entity of the Republic of Cuba from the 2010/11 financial year to 2020/21 financial year.

The Department has no intention/need to enter into agreement with Cuban Government for skills acquisition of any kind during the 2021-23 Medium-Term Expenditure Framework period.

2. There are no skills sets identified by the Department of Transport that can be sourced from Republic of Cuba which are not available in South Africa hence there were no steps taken in this regard.

Reply:

Questions relating to energy security should be addressed to the Minister of Mineral Resources and Energy.

Regards

MS B D CREECY, MP

MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT

DATE: 4/6/2021

Reply:

a) No gas to power projects were applied for in the past five years

b) No.

(i) See (a) above

(ii) See (a) above

(aa) See (a) above

(bb) See (a) above

(cc) See (a) above

c) See (a) above

(i) Not applicable

(ii) Not applicable

(iii) Not applicable

(iv) Not applicable

Reply:

No, this matter falls under the purview of the Premier who is the Executing Authority responsible for the appointment at this level in the Province.

a) Qualifications of candidates are verified by the South African Qualifications Authority and I am advised by the Province that this was done as part of the recruitment process.

b) The appointment was made by the Premier following concurrence received from the Minister of Public Service and Administration.

c) The prescribed recruitment and selection processes for the appointment of the Head of Department was followed, as advised by the Provincial Department of Social Development.

In terms of the Public Service Act, 1994 and the 2016 Public Service Regulations the authority for the appointment of Heads of Department (HODs) at the provincial sphere of government rests with the relevant Premiers. In the case of the North West Provincial Administration, which is under section 100 of the Constitution, 1996 administration, the Premier, Prof. Job Mokgoro agreed in terms a protocol governing the Section 100 (1) (b) intervention in the Office of the Premier, that all of his administrative decisions will be subject to concurrence by the Minister for the Public Service and Administration (MPSA), before approval. This includes decisions to appoint HODs. Under normal circumstances, these decisions are not subject to consultation with Ministers at the national sphere of government, or Cabinet, as the case would be for the appointment for HODs at the national sphere of Government.  

Reply:

(a) & (b) (i) – (iii) Finalisation of the Tourism Recovery Plan.

The Tourism Sector Recovery Plan was approved by Cabinet on 21 April 2021 and is a three-year recovery plan for the tourism sector ending in March 2024.

(c) How was the plan drawn up.

The Tourism Sector Recovery Plan was drafted in consultation with the entire tourism sector including private and public sector.

(d) Who was consulted.

Every South African was provided an opportunity to provide inputs into the Plan noting that the Plan was published for Public Comment in August 2020. This was in addition to focused and targeted meetings and webinars with both public and private stakeholders within the tourism sector value chain.

(e) What data was (i) obtained and (ii) used.

To properly baseline the pandemic’s impact a modified dynamic input-output table was used to model the effect of exogenous changes in tourism spending on final demand, This analysis approximated COVID-19 impact on tourism at a subsector level and enabled estimation of income and employment levels based on proposed interventions and stimuli. The model used existing data sources, amongst others, the Tourism Satellite Account and the Domestic and International Tourism Surveys. The model also drawed on survey data gathered during the development of the Tourism Sector Recovery Plan.

(f) What are the budget allocations for each line item.

Noting the fiscal contrains within Government and mitigating against the risk of not receiving any additional funding for the implementation of the Plan the Annual Performance Plans, for both the Department of Tourism and South African Tourism, focus on the implimentation of the priorities identified in the Tourism Sector Recovery Plan.