Questions and Replies

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) 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:

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:

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:

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:

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:

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 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:

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:

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

b) N/A

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

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) 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)(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:

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:

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:

(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:

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:

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)(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:

(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:

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:

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:

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:

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)

 (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:

(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:

(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:

(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:

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:

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 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:

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) (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:

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:

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:

I would like to inform the Honourable Member that neither the Department nor any of its entities has a lease agreement with the Department of Defence.

Reply:

a)(b)(c)

The SANParks 2020/21 financial statements are not available because they are in the process of being audited. The only available audited information is from the 2019/20 financial year, on page 191 of the SANParks 2019/20 Annual report.

The attached Excel document (Annexure A) provides a breakdown of the Audited 2019/20 Annual Financial reports indicating financial performance of each National Park, Regional Office and National Corporate Business Unit (Head Once) in terms of:

(i) income;

(ii) operating and capital expenditure; and

(iii) the number of staff in each National Park and Regional Office is provided in the table below.

PARK NAME	TYPE OF EMPLOYMENT	Grand Total
	PERMANENT EMPLOYMENT	TEMPORARY EMPLOYMENT	INTERSHIP PROGRAM	LEARNERSHIP PROGRAM
Addo Elephant National Park	162	10	0	2	174
Agulhas National Park	25	0	0	0	25
Augrabies National Park	37	4	0	0	41
Biodiversity and Special Projects	0	1419	2	0	1421
Bontebok National Park	17	0	0	4	21
Camdeboo National Park	29	3	1	1	34
Cape Town Office	9	0	0	0	9
Golden Gate Highlands National Park	196	2	1	0	199
Groenkloof National Park	Head Office		273	18	2	0	293
Karoo National Park	45	1	0	2	48
Kgaiagadi National Park	118	7	0	1	126
Kimberly Game Capture Office	28	1	0	0	29
Knysna National Park	65	0	0	1	66
Kn/sna Regional Office	14	0	0	0	14
Kruger National Park	2258	167	2	0	2427
Mapungubwe National Park	82	0	1	0	83
Marakele National Park	60	0	0	2	62
Meerkat National Park	7	2	0	0	9
Mokala National Park	48	5	0	0	53
Mountain Zebra National Park	34	2	1	2	39
Namaqua National Park	21	0	0	0	21
Port Elizabeth Regional Office	7	3	0	0	10
Richterveld National Park	33	4	0	0	37
Rondevlei Research Office	19	1	1	0	21
Table Mountain National Park	209	3	2	4	218
Tankwa Karoo National Park	15	0	0	0	15
Tsitsikamma National Park	130	27	1	2	160
Up	ington Regional Office	3	2	0	0	5
West Coast National Park	31	0	0	0	31
Wilderness National Park	82	0	0	1	83
Grand Total	4057	1681	14	22	5774

Regards

MS B D CREECY, MP

MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT

DATE:

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:

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:

The process of legislative mandate review of RTMC and RTIA, has started and National Treasury has been engaged on the issue of the DLCA and we are awaiting their response on the migration of their functions to the RTMC.

This is work in Progress, particularly the Legislative mandates pertaining to RTMC and RTIA , and this will need Parliamentary process to give ratification on the proposed amalgamation.

 

Reply:

(1) The capital expenditure for the Table Mountain National Park’s (TMNP) Hoerikwaggo trail was approximately R15 million.
(2) No consequence management needed to be implemented because the trail is still functional and no staff member acted negligently. As a result, SANParks did not incur any fruitless or wasteful expenditure. Currently, there are two tented camps which are not operational: the Silvermine Tented Camp was destroyed in the devastating 2015 fires and the Orangekloof tented camp was closed due to persistent crime incidents and security challenges in the area. SANParks will establish a feasible commercial opportunity at the Silvermine camp. The Orangekloof tented camp is harder to secure as it is situated in close proximity to human settlements and is easily accessible through various non-controlled access points as Table Mountain is an open access national park.
(3) The trail is still functional, and the organisation derives value from the use of the trail for Tourism purposes. Guests still book into the Wash houses, Overseers Cottage, Slangkop and Smitwinkel tented camps for overnight stays and to hike sections of the trail. Therefore, the amount spent on the trail does not qualify to be declared fruitless and wasteful expenditure in terms of the Public Finance Management Act, 1999 (No. 1 of 1999).
(4) The skills development of employees is an ongoing exercise and staff have been trained on various courses or skills as part of the program outputs.
(5) Employees who had been employed at the tented camps that were closed down were redeployed in other areas of the Park and are all still employed at TMNP. Therefore, there were no job losses as a result of the closure of the two camps.

Regards
MS B D CREECY, MP
MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT
DATE:4/6/2021

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.

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 plan to establish a command centre for Table Mountain National Park originated in 2019.. The command centre was officially established on 1 October 2020 and it is located at Newlands fire base in Cape Town. Although the Command Centre is still in the process of establishment, specifically with regards to the specialized technical infrastructure and specialized training of staff, it is already partially operational and in use by SANParks and other key security cluster stakeholders. Once completed the capacitated Command Centre will be resourced with capabilities to take action based on the intelligence it collects.
The implementation plan for the Command Centre will be divided into Phases. Phase 1 has been implemented effective from 1 April 2021 and Phase 2 implemented from 1 June 2021.
Despite the fact that the Command Centre was not fully functional during the December 2020 festive season, a successful special operation, which included aerial observation support, was conducted. A similar operation was conducted during the April 2021 festive season, with similar positive effects.
(b) The Command Centre will be complimented with a special taskforce/response team which is anticipated to be operational by November 2021. The Command Centre control room is already 60 percent functional and manned by SANParks officials.
(2) Operational plans from the security cluster are not normally placed in the public domain.
(3) SANParks wishes to clarify that a Command Centre is established, not a Joint Operations Centre.
(a)(i) Approximately R500 000 has been set aside for Operational Expenditure while an amount of R1.5 million has been budgeted for Capital Expenditure under Phase 1. To date an amount of R24,899.15 has been spent on operations and R76,569.85 has been spent on capital related expenditure.
(ii) The Command Centre aims to integrate the Ranger staff with the special taskforce/response team as well as external role players in the security cluster, namely SAPS, Metro Police, City Law Enforcement and others. This integrated approach will streamline and facilitate a more focussed response to area integrity.
b) The Command centre will be complemented by external resources such as SAPS, Metro Police, Environmental monitors and other relevant City Law Enforcement officials. It will ensure those whose primary responsibility is law enforcement also focus on safety of user in the Table Mountain National Park.
(4) The Table Mountain National Park has a total of 112 Rangers, 14 Environmental Monitors and 59 Tourism Monitors. The command centre is manned by a dedicated team who come from a Conservation and Tourism background and thus have the knowledge and experience to ensure effective and efficient deployment.
Twenty of these staff members will be trained to operate as a tactical response team, to respond to any sea, mountain and other incidents reported through the Command Centre.
(5) At this stage, SANParks is testing appropriate technologies. The organisation will select those technologies which are most feasible and deliver the intended outcomes. SANParks will also pursue partnerships, where appropriate, to further enhance safety and security and share technology, such as the existing partnership with the Table Mountain Arial Cable Company.
Helicopters will also be deployed from time to time on joint planned operations, especially during festive seasons as was done during the December 2020 festive season.

A Canine Unit for the Table Mountain National Park will be in place by August 2021.

Regards

MS B D CREECY, MP

MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT

DATE: 4/6/2021

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:

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:

According to data from Statsa (Q4 2020), the table below indicates the number of people that remain unemployed, ranging from less than 3 months to more than five years.

Unemployed youth (15-24 years) by duration of unemployment
	Less than Matric	Matric	Other Tertiary	Graduates	Total
Less than 3 months	47,558	30,998	11,213	5,406	95,175
3 months to less than 6 months	27,752	21,612	2,983	211	52,559
6 months to less than 9 months	30,041	29,459	5,290	998	65,787
9 months to less than 1 year	34,422	79,550	18,946	2,643	135,560
1 year to less than 3 years	200,574	278,745	35,182	0	514,501
3 years to 5 years	128,614	116,697	6,094	1,347	252,753
More than 5 years	106,805	79,162	10,718	1,666	198,351
Don't know	0	0	1,969	0	39,929
Total	581,440	647,680	93,157	12,632	1,334,909

Source: Statistics South Africa, Quarterly Labour Force Survey, Quarter 4 2020

Reply:

Note: This response should be read in conjunction with the response to Question No: 1396.

Breach of contract is when either of the parties did not comply with any or all the terms of conditions. Thus a notice of breach of contract is issued when the supplier defaulted on the terms and conditions. Breach of contract is a pre -requirement for the contractor to be declared as a defaulter (Non-compliance of contract) (PFMA Regulation 16A.9.2 and Treasury Guidelines – Government Procurement – General Conditions of Contract – Annexure A)

a) How are (i) service providers and (ii) suppliers who are in breach of their contracts with the department dealt with.

• Service Providers who are in breach of their contracts are informed immediately of such breach and remedy is usually sought from the service provider as per the signed Service Level Agreement (SLA).
• If the service provider does not cooperate in providing the required remedy, a notice of breach is then drafted to compel the service provider to rectify the breach
• Upon non-cooperation after a notice of breach , the Departments’ standard process in terms of the Agreements is to call for a meeting with the Service Provider chaired by a senior official to resolve any impasse.
• If the meeting with the Service Provider does not yield any resolution and the Department has suffered loss or rights and obligations have been undermined, the Office of the State Attroney is instructed to initiate court proceedings against the Service Provider.

b)) What number of service providers and suppliers have been in breach of contract in each month in the past three financial years and since 1 April 2021

The Honourable member is referred to the letter and report submitted to the Chairperson of the Portfolio Committee on Tourism on 3 February 2021 by the Minister and subsequently distributed to members of the committee.

c) What are the reasons for the breach of the contracts.

• Failure to comply with the provisions contained in the signed Service Level Agreement/Contract between the Department and the Service Provider.
• Non adherence to the terms and conditions of the contract by the service Provider with regards to project reporting or fraudulent transactions and expenditure
• Collusion in obtaining the tender

d) What steps are taken to reduce the instances of breach of contract.

• Project and contract management principle are used to manage issues as they arise in order to make sure these projects are successful in the end. Issues are rectified the moment these are identified,
• Changes are implemented such as putting limits to advance payments to the service providers for EPWP contracts;
• Systems are put in place to support service providers adherence to Departmental supply chain management policies and guidelines as determine by the PFMA Act;
• Close monitoring of the service providers in order to detect potential issues before they materialise; and
• Putting management control mechanisms in place in terms of processes to be followed for approvals without and quality assurance of all evidence e.g. invoices before they get paid. The Department also pursues the following methods to deal with cases of alleged non-compliance:
  • Mediation,
  • Issuance of Notices of breach,
  • Issuance of Letters of demand
  • Recovery of funds

e) What financial losses have been incurred regarding the breach of a contract in each month in the past three financial years and since 1 April 2021

Financial Year	Financial losses incurred
Since 1 April 2021	Information will only be audited in 2022/ not audited as yet.
2020-2021	Information in process to be audited
2019-2020	Information can be obtained from that tabled Annual Performance Report of 2019/20 as tabled on 22 October 2020 ( ATC no 151 – 2020)
2018-2019	Information can be obtained from the tabled Annual Performance Report of 2018/19 as tabled on 1 October 2019 (ATC no 72 -2019)

Reply:

Note: This response should be read in conjunction with the response to Question no: 1398.

Breach of contract is when either of the parties did not comply with any or all the terms of conditions. Thus a notice of breach of contract is issued when the supplier defaulted on the terms and conditions. Breach of contract is a pre -requirement for the contractor to be declared as a defaulter (Non-compliance of contract) (PFMA Regulation 16A.9.2 and Treasury Guidelines – (Government Procurement – General conditions of Contract – Annexure A)

a) How are (i) service providers and (ii) suppliers who default in the services that they render to the department dealt with.

If steps as per reply to Question No: 1398 are not successful, the following action are taken:

• Termination of contracts with penalties i.e. partial payment for services delivered
• Notice of Breach of Contract
• Black listing of defaulters on the departments database as well as the data base of National Treasury
• Case referred to SAPS for investigation and possible prosecution
• Contract with provider can be suspended

b) What number of service providers and suppliers have defaulted in each month in the past three financial years and since 1 April 2021

The Honourable member is referred to the letter and report submitted to the Chairperson of the Portfolio Committee on Tourism on 3 February 2021 by the Minister and subsequently distributed to members of the committee.

c) What are the reasons for the default in rendering the services

• Non adherence to the terms and conditions of the contract by the service provider with regards to project reporting, fraudulent transactions, non compliance etc.
• Non performance
• Non reporting and refusing to comply with terms of the contract
• Collusion in obtaining the tender

d) What steps are taken to reduce the default incidences

As per reply to Question No 1398

e) What financial losses have been incurred in each month in the past three financial years and since 1 April 2021

Financial Year	Financial losses incurred
Since 1 April 2021	Information will only be audited in 2022/23 financial year.
2020-2021	Information in process to be audited.
2019-2020	Information can be obtained from that tabled Annual Performance Report of 2019/20 as tabled on 22 October 2020 ( ATC no 151 – 2020)
2018-2019	Information can be obtained from the tabled Annual Performance Report of 2018/19 as tabled on 1 October 2019 (ATC no 72 -2019)