Questions and Replies

Reply:

1. The Commission on Restitution of Land Rights is guided by policies and standard operating procedures to identify the correct beneficiaries including household verification using historic documents. Furthermore, it is the representative of the Community who alerted the office of the discrepancy in the payment list stating that the qualifying beneficiaries have been left out.

2. The requirement of PTOs does not replace the screening and vetting exercise that has been conducted, but it is part of the policy to confirm that legitimate beneficiaries are paid in terms of the Restitution of Land Rights Act No 22 of 1994.

END

Reply:

(1)(a)&(b) The Minister has been and continues to engage the Minister of Police to request and explore the interventions that the police service could provide to MSMEs and determine what support role could DSBD provide in this regard. Furthermore, the DSBD initiated stakeholder consultations on the development of a Township and Rural Economy Revitalisation Policy; the consultations will amongst other be facilitated through Local Economic Development Forums to be hosted in townships. The DSBD will also consult with business forums, faith-based organisations, and other community structures to ensure that every segment of the community is covered and engaged in finding solutions to this problem. The longitudinal study conducted by the Department over three waves covering the period 2020 to 2023 with the same cohort of small enterprises confirmed that around 30% of small enterprises experience challenges with crime. The stakeholder consultations for developing the Township Economy Revitalisation strategy will, amongst others, focus on gathering intelligence on the so-called protection fees and how best to deal with them.

2. South African-owned businesses that are law-abiding and tax-compliant benefit from a range of financial and non-financial support offered across the three spheres of government. The enforcement of compliance requirements is important to ensure an equitable trading environment making close collaboration with local authorities, local governments and law enforcement at a local government and district level imperative.

The Department is collaborating with the Department of Home Affairs (DHA), municipalities, and other departments to continue to develop, refine and implement various interventions that the DSBD identified at the DHA led Migration Workshop which was held in October 2023. These interventions not only include policy and legislative amendments but also the implementation of current legal provisions. The operation of businesses by illegal foreign nationals poses the greatest challenge and danger to MSMEs and the local economy. Foreign nationals operating without a business visa or refugee certificate are operating illegally. One of the identified interventions is geared at addressing this problem.

The Department of Small Business Development (DSBD) introduced to Parliament the National Small Enterprise Amendment Bill (NSEAB) which provides for the establishment of the office of Small Enterprise Ombudsman which will enable an equitable trading environment for small enterprises through the provision of affordable and effective access to justice. The Bill empowers the Minister to declare certain practices in relation to small enterprises to be prohibited as unfair trading practices.

In the draft National Business Licensing Policy, which was gazetted for public comments in March 2024, provision is made for preferential business licensing for citizens as well as a proposal for the reservation of trading in identified sectors for citizens. These provisions will also be codified in the Business Licensing Bill which is still to be presented to Cabinet for approval for gazetting for public comments.

During the 6^th Administration the Department of Cooperative Governance commenced with the process of drafting Standard By Laws to bring in new thinking and ideas with regards to the development and management of township economies while regulating business activities for the benefit of the public residing and carrying out business activities within municipalities, especially in economically depressed areas. Furthermore, the standard By-laws intends to introduce a standardised enabling framework to encourage municipal councils to designate business areas or sites to promote commercial and industrial activity in economically depressed areas and to promote inclusive growth.

3. The Department has developed a Sector-focused and Hybrid Incubation and Digital Hub Support Strategy (SHIDHSS) that aims to create high-growth MSMEs and Co-operatives, consolidate incubation ecosystems with an attempt to reduce differentiated performance and establish innovation-driven MSMEs and Co-operatives. The SHIDHSS is a deliberate intervention to forge alignment with different partners to consolidate the existing incubation offerings to ensure the efficiency, effectiveness and sustainability of incubation support within the ecosystem and deliver impactful services for the MSMEs and Co-operatives. The SHIDHSS has four key impact areas, namely, creating high-impact incubation centres; deployment of innovative solutions; network of knowledge sharing; and establishment of new incubators. The SHIDHSS implementation plan has been developed as informed by the strategic interventions and initiatives and will explicitly respond to the key impact areas as outlined and these interventions will encourage entrepreneurship and innovation.

Apart from the Youth Challenge Fund (YCF) that is specifically aimed at young entrepreneurs, support to small enterprises across the different support programmes offered by the Department and its agencies (the Small Enterprise Development Agency [Seda] and the Small Enterprise Finance Agency [sefa]), that is, amongst others the Township and Rural Entrepreneurship Programme (TREP) and the Small Enterprise Manufacturing Programme Support (SEMSP) are based on the different targeted groups. The primary objective of the youth challenge fund is to provide support to youth Start-Up enterprises which are formally registered to increase capacity and enhance the competitiveness by supporting access to finance for youth-owned start-ups and enterprises improving their overall survival rate. The enterprises are prioritised and supported to enable their meaningful participation and contribution to the economy through employment creation, poverty alleviation and reduced inequality

The DSBD has entered into a range of partnerships with Institutions of Higher Learning such as Universities, Universities of Technology and TVET Colleges in an effort to accelerate entrepreneurship amongst the youth of South Africa. An example of this collaboration is the creation of Centres of Entrepreneurship for Rapid Incubation (CfERI) housed at the TVET Colleges and aimed at promoting and developing young entrepreneurs. Added to this is the DSBDs partnership with the National Youth Development Agency that aims to support youth business to access the DSBDs range of support programmes.

On encouraging entrepreneurship, Seda carries out entrepreneurship awareness sessions which seek to encourage and promote entrepreneurship by providing information and guidance to those interested in starting and managing a business. Seda also hosted several events focusing on youth, most of these were organised during the youth month. Furthermore, Seda has an Entrepreneurship in Schools Programme that encourages learners to consider entrepreneurship as an alternative career to employment. The Entrepreneurship in Schools programme is a partnership that involves a lot of private sector stakeholders. The owner and custodian of the programme is PrimeStars, the CSI arm of Prime Media.

4. The DSBD is assisting MSMEs and Co-operatives with Business Development Support in order to make them financially ready. DSBD is implementing various financial support initiatives for formal and informal MSMEs. The Department is finalising the SMMEs and Co-operatives Funding Policy. The Funding Policy proposes a variety of interventions aimed at deepening access to finance for MSMEs and Cooperative sectors.

The National Informal Business Upliftment Strategy (NIBUS) seeks to uplift informal businesses and micro enterprises; and to further render support to local chambers/business associations and municipal Local Economic Development offices to deliver and facilitate access to upliftment programmes. The priority is mainly for informal business entrepreneurs from designated groups, i.e., women, youth, and people with disabilities, predominantly in township and rural areas of South Africa.

NIBUS has two Instruments under its enterprise development pillar, namely the Shared Economic Infrastructure Facility (SEIF) and the Informal and Micro Enterprise Development Programme (IMEDP) which the department implements. The two programme aims to develop and strengthen the capacity of credible formal and informal and or micro enterprises to be sustainable through the provision of access to information, appropriate business development support and business infrastructure (machinery, building, tools, equipment and stock) and excludes (working capital, conversions, clothing) for eligible applicants.

The Informal and Micro Enterprises Development Programme (IMEDP) is a 100% grant offered to informal and micro enterprises from a minimum grant amount of five hundred rand (R500) up to a maximum of thirty thousand rand (R30 000) to assist them in improving their competitiveness and sustainability.

The Khula Credit Guarantee Scheme, operated by sefa operates an indemnity scheme aimed at assisting MSMEs to obtain financing from financial institutions to enable them to establish, expand or acquire new or existing businesses in circumstances where they would not, without support of an indemnity cover, qualify for such financing in terms of the participating financial institutions MSME lending criteria. The objective of the scheme is to issue partial credit guarantees to lenders for MSME borrowers, whose access to finance is impeded by the lack of collateral required by lenders.

5. The National Integrated Small Enterprise (NISED) Strategic Framework (SF), proclaimed in February 2023 as the National Small Enterprise Support strategy for small enterprises, aims to guide and provide leadership towards a well-coordinated and collective ecosystem approach with shared responsibilities, commitments and mutual benefits. Through the NISED SF and the development of the Township Economy Revitalisation Policy that will also consider rural development, the objective is to tackle the challenges faced by small enterprises through a cluster approach that facilitates private sector investments in rural under-served areas supported through financial and non-financial support offerings at national and provincial government level and effective services through local government support interventions.

(5)(a)&(b) The DSBD Intends to set up product markets in different provinces. This entails the setting up of infrastructure in the form of premises that will be made “fit for purpose” through refurbishments and revamps in order for MSMEs to occupy them and start trading. These will be in various sectors aligned to the integrated development plans in the various provinces. Over and above the physical structure, these will be powered with alternative energy so that they will be able to operate during times when there is no supply of electricity.

In addition to the Product markets the Shared Economic Infrastructure Facility programme, in collaboration with partners at municipal level, aims to leverage public and private sector investment to create an enabling environment for entrepreneurs to maximize business benefits. This programme establishes shared infrastructure for independent businesses. The infrastructure is inclusive of supplying alternative sources of energy.

Reply:

(a),(b),(c)(i),(ii),(iii) Please refer to the table below.

ANNEXURE A OF NA-QUESTION 39 OF 2024

a) Programmes	b) Impact	(c)(i),(ii),(iii)Transaction details (cumulative)
		2021 -2022	2022 -2023	2023 -2024
Blended Finance Scheme (BFS)	Since its launch in March 2021, 183 producers has been supported to the total value of R3,107 billion of which R1, 204 billion was the grant and will create a total of 3 418 jobs at full operation. The average production capacity of supported poultry producers is 333 000 chickens per cycle. Commodities supported include livestock, poultry, fruits, vegetables, and grains.	8 black commercial producers were supported through IDC to a total value of R385 million of which R128,3 million is the grant creating 314 jobs. Five of the approved transactions are poultry farm expansions with an average cycle of 420 000 chickens per cycle.	19 black commercial producers were supported through IDC to a total value of R986 million of which R352 million is the grant creating 655 jobs. Ten of the approved transactions are poultry farm expansions with an average cycle of 333 000 chickens per cycle. Land Bank approved 31 smallholder producers to a total value of R254,3 million of which R133 million is the grant creating 599 jobs. 12 813 Ha will be under the production of grains, fodder, fruits, nuts, vegetables, sugarcane, and red meat.	As @31 December 2023 IDC approved 29 transactions to the value R1.915 billion, of which R587,5 million is the grant creating 1445 jobs. Fourteen of the approved transactions are poultry farm expansions with an average cycle of 277 000 chickens per cycle; 220 ha of vegetables in seven farms, average piggery supported is 305 sows; and 160 ha fruits. Land Bank approved 183 producers to the total value of R1, 192 billion of which R617 million is the grant creating 1973 jobs.
Comprehensive Agricultural Support Programme (CASP)	For the period 2019/20 – 2023/24, CASP has spent R6, 661 billion in 2125 projects and benefitted 59 482 smallholder producers and creating 21 762 jobs. This programme develops these farmers to be self-reliant small scale commercial producers who are exited to blended finance scheme. Many of the beneficiaries of BFS were developed through CASP.	R1, 128 billion was spent in 488 projects benefiting 6 407 producers and creating 5 564 jobs. Commodities supported include vegetables, red meat, fruits, poultry, piggery, and grains.	R1, 478 billion was spent in 457 projects benefiting 19 889 producers and creating 4 624 jobs. Commodities supported include vegetables, red meat, fruits, poultry, piggery, wool, and grains.	R1, 477 billion was spent in 396 projects supporting 6 942 producers and creating 1694 jobs. Commodities supported include vegetables, red meat, fruits, poultry, piggery, wool, and grains.
Agro-Energy Fund (AEF)	Increase access to affordable finance by producers and agro processors in the agriculture sector irrespective of race by providing grants to lower their gearing. The AEF will be used for the acquisition of alternative energy assets to generate energy for their farming or processing enterprises. The focus of the AEF is on energy intensive agricultural activities such as irrigation, intensive agricultural production systems, and on-farm cold chain related activities. The fund is targeting alternative energy sources like solar, biogas / Anaerobic digesters and Biomass (agricultural crops), the list is not exhaustive.	N/A	N/A	Since its launch on the 29th of August 2023, a total of R24.425 million has been approved as of 31 May 2024 of which R7, 989 million is the grant and R16.436 million is the loan supporting 9 transactions. The support included solar infrastructure on irrigated farms.
Micro-Agricultural Financial Institution of South Africa (MAFISA). This is a financial scheme that was introduced in 2004 to address the financial services needs of smallholder producers in the sector. The implementation of MAFISA is through a network of financial intermediaries accredited by the department to further disburse the funds to the potential smallholder producers. The fund is administered and managed by the Land Bank. The production loan is up to a minimum of R50 000 without collateral and a maximum loan of R500 000 with collateral, at an interest rate of 7% per annum	MAFISA has contributed to the entrepreneurial and enterprise development, job creation and economic growth of smallholder producers.	R7 244 889.01 with production loan support to 190 beneficiaries	R11 610 737.21 with production loan support to 247 beneficiaries	R6 908 010.62 With production loan support to 60 beneficiaries
Farmer Production Support Units (FPSUs)	The FPSU is a rural smallholder producer outreach and capacity building unit supported by the department through any or some of the following: (1) Governance structure, (2) production inputs, (3) Mechanisation support; (4) Human resources support; and (5) Producer registration. The provisioning of production inputs and mechanization assisted Black Farmers to be in production and / or increased their production yields. Black Farmers have access to formal and informal markets thus generating own income. Black farmers have FPSUs as local holding facilities for their mechanization services and production input storage for further distribution within. Jobs are created through self-employment by Black Farmers with additional temporary jobs during planting and harvesting periods. Jobs created 2021/2022: 2438 Permanent 2285 Temporary Total : 4723 2022/2023: 2509 Permanent 3998 Temporary Total: 6507 2023/2024: 2603 Permanent 3198 Temporary Total: 5801 The Department provides training to agricultural cooperatives to assist them to improve operational efficiencies and enhance competitiveness using the Farmtogether cooperative training programme. The programme addresses a wide range of skills that include among others governance in cooperatives, financial management, record keeping, markets and contract negotiations, agribusiness management, conflict resolution mechanisms, leadership skills, and compliance (Training) 2021/2022: 91 2022/2023:100 2023/2024:108
Eastern Cape		R31 498 995,17	R22 740 411,84	R50 886 326.87
Free State		R14 510 209,05	R5 566 661,76	R14 126 706.71
Gauteng		R26 476 308,49	R32 286 113,69	R25 622 660.98
KwaZulu-Natal		R82 574 395,26	R34 186 478,74	R58 014 826.66
Limpopo		R41 455 451,80	R20 361 522,00	R27 867 565.53
Mpumalanga		R47 711 159,06	R69 407 740,38	R25 100 388.52
North West		R16 710 972,47	R17 055 806,16	R2 686 582.77
Northern Cape		R22 992 134,92	R20 459 380 .46	R26 024 019.95
Western Cape		R3 457 724,52	R5 902 333,00	R15 285 025.30
AgriBEE Fund	For the period in question 6 Agribusinesses were supported to commercialise with value adding and processing infrastructure as well as equity acquisition to the value of R93.6 million. This has assisted in terms of improving market access and contributed to sector transformation. In addition, an estimated 67 jobs were created.	R0	R 31 661 201,91	R 61 903 280,33

Reply:

(1)(a) In 2019, the National Agricultural Marketing Council (NAMC) measured black farmers' contribution (i.e. Africans, Coloured, and Asians) to total commercial production. The NAMC established that about 8.1% of commercial agricultural production was produced by black farmers between 2015 and 2019, and the rest were white farmers. This has gradually increased to 10.3% between 2019 and 2023. Industries such as sugar, red meat, wool, and mohair have a relatively high volume of production from black farmers while fruit and grain commodities are lagging. This partly illustrates the high barrier costs emanating from land and capital requirements to enter grain and fruit production as compared to the animal industry. The breakdown per major commodity is provided in Table 1 below, which averaged at around 8,2% of black farmer share.

Table:1 Black farmer’s contribution to agriculture output

Source: NAMC

(1)(b) 20% of food is accounted for by smallholder farmers, while 80% is from commercial farmers.

(2)(a)(i),(ii),(iii),(iv) The Labour Force Employment statistics by Statistics South Africa (Stats) SA do not show a breakdown by race and foreign nationals at industry levels. Total employment in agriculture is 941 390. (Source: Stats SA).

(2)(b) Please refer to the table below.

Province	Employment in agriculture
Western Cape	215 106
Eastern Cape	99 181
Northern Cape	54 098
Free State	78 571
KwaZulu-Natal	142 695
North West	77 438
Gauteng	46 807
Mpumalanga	104 604
Limpopo	122 889

Source: Stats SA.

Reply:

The office of the Regional Land Commission in the Eastern Cape is processing payments for the 3 affected villages, namely Lower Ngqumeya, Lower Zingcuka and Upper Zingquka.

• 105 beneficiaries have been paid in Lower Ngqumeya; and
• 33 beneficiaries will be paid on or before 30 September 2024.

A list of 50 households for both Lower and Upper Zingcuka are at payment compilation stage and is to be paid on or before 30 September 2024. Five (5) additional households that have been confirmed, family disputes are delaying finalisation.

The resolution of the meeting with the community was that the payment will be released as and when the household concerned has gone through the verification if information process.

The officials held engagements with Lower and Upper Zingcuka on 29 July 2024 and 01 August 2024. The purpose was for the confirmation and updating of the family tree. Subsequently, distribution agreements will be signed in order to proceed with payments.

---END---

Reply:

No. Stipulated timeframes as per written reply to PQ 522 will not be achieved.

• Currently, 105 out of 544 beneficiaries have been paid in terms of the schedule;
• A payment list for 33 beneficiaries has been submitted to National Office to be released for payment on or before 30 September 2024; and
• 50 households are at payment list compilation stage to be paid on or before September 2024.

The payment period will be extended due to the household identification process currently in progress:

• The officials will be updating family trees with beneficiary families on 29 to 30 July 2024, in order to sign Distribution Agreements for payment in August 2024;
• A homestead identification process will be conducted in August 2024 and September 2024; and
• Signing of distribution agreements for the confirmed households will be completed in September 2024 and October 2024, payment will be processed only after the signing.

END

Reply:

Yes, impact assessments were conducted to determine the effectiveness of the implemented Gender Based Violence (GBV) related training programmes in 2019 and 2020.

The conducted impact assessment on “First Responder to Sexual Offences Learning Programme and Sexual Offences for Investigating Officers Learning Programme” contributed towards the review of the Domestic Violence Learning Programme, Vulnerable Groups Learning Programme and Family Violence, Child Protection and Sexual Offences Learning Programme. The Dignity, Diversity and Policing Learning workshop was also introduced to both Basic Police Development and In-Service Police Development.

The Basic Police Development Learning Programme content was also reviewed and aligned to the reviewed Domestic Violence Learning Programme, Vulnerable Groups Learning Programme and Family Violence, Child Protection and Sexual Offences Learning Programme. These mentioned programmes are also presented in the In-Service Police Development as post basic training to enhance the skills and competencies of the members. The decrease or increase of GBV cannot be attributed to training of police members as GBV is committed by the society and mostly indoors. SAPS is currently reviewing training on GBV with relevant stakeholders after the Public Protector findings training

Reply:

DEPARTMENT OF PLANNING, MONITORING AND EVALUATION

a) The Consolidated Financial Statements for the Financial Year ending 31 March 2023, which was compiled by the National Treasury show that Contingent Liabilities which emanated out of Legal Court proceedings stood at R21 Billion.

b) Whilst accounting standards require state institutions to make provision for contingent liabilities, details relating to claims against the state are considered confidential as it contains information of claimants. Furthermore, departments cannot disclose the information thereof as it is still subject to court proceedings.

(i) The decision on which case is defensible or not lies with each state institution and is determined on a case by case basis.

a) (ii) TOTAL CLAIMS DUE AND OR OUTSTANDING SUBJECT TO COURT PROCEEDINGS AGAINST STATE OWNED ENTITIES

ALEXKOR:

According to the information received from

a) (ii) All legal matters involving claims against Alexkor and the PSJV are reported in the 2023 Integrated Report

• There are three claims against Alexkor and the PSJV from service providers dating back to 2020 and all three cases are dormant.
• There is one claim against Alexkor and the PSJV dating back to 2022 involving a service provider awarded a contract for training services. An attempt to settle out of court failed and the matter is pending.
• The former CEO who was dismissed in 2020 was awarded R 3 200 000 by the CCMA and this is currently awaiting a date for a hearing of a review application at the Labour Court.

Investigations by the SIU into the allegations of State Capture are ongoing and the final report of the SIU is pending.

b) The full list of legal matters is reviewed quarterly and reported to the Shareholder by the Board.

c) (i)(ii) (bb) The claims made against Alexkor and the PSJV are being opposed.

DENEL:

According to the information received from Denel

Denel SOC Ltd does not have any claims due or outstanding.

ESKOM:

According to the information received from Eskom

a) (ii) (b) (c) (i)(ii) (bb)

Cause Of Loss	Sum of Total Incurred	Sum of Counter
Z24 - Electrical/Mechanical Failure	7 987 066.20	32
Z43 - Human/Operating Error	-	1
Z46 - Low Hanging Conductor	44 306 260.72	43
Z75 - Veld Fire	2 258 612.91	16
Grand Total	54 551 939.83	92

SOUTH AFRICAN AIRWAYS:

According to the information received from SAA

a) (ii)There are two court proceedings dating from 2018 to current against SAA and its subsidiaries in respect of alleged reckless, negligence and misconduct.

(b) There are two. Of the two cases referred above there is only one case wherein there is a contingent liability of R5 Million

(c) (i)The above-mentioned cases are both defensible

(ii)(bb) None of the cases are indefensible.

SAFCOL:

According to the information received from SAFCOL

(a) (ii) SAFCOL – 3

(b) 3 list below

Economistza v KLF (R399 000.00),

Economistsza v KLF – Mr de Villiers appointed his friend’s company (Mike Schuller) without following a fair, competitive, cost-effective and transparent process as per the KLF procurement policy read with the PFMA, PPPFA and Constitution, which constitute a financial misconduct by an official in terms section 83 of the PFMA. Then Mike Schuller sued KLF for payment of their invoices sent to Mr de Villiers, KLF defended the claim as there was no agreement between itself and Economistsza;

Ladz Trading cc vs SAFCOL & Nomkhita Mona (R807 560.04)

Ladz Trading cc vs SAFCOL & Nomkhita Mona - Ms Mona appointed Llyod MacPatie (Ladz Trading cc) without following a fair, competitive, cost-effective and transparent process as per the SAFCOL procurement policy read with the PFMA, PPPFA and Constitution, which constitute a financial misconduct by an official in terms section 83 of the PFMA. Then Llyod MacPatie sued SAFCOL, the latter defended the claim for payment and joined Ms Mona on the matter, there was no agreement between SAFCOL and Ladz Trading cc for the liability of SAFCOL to any payment to Llyod MacPatie.

The iFIRM Trading & Project (Pty) Ltd vs SAFCOL & NP Mona (R873 053.95)

The iFIRM Trading & Project (Pty) Ltd vs SAFCOL & NP Mona – Ms Mona appointed an iFIRM without following a fair, competitive, cost-effective and transparent process as per the SAFCOL procurement policy read with the PFMA, PPPFA and Constitution, which constitute a financial misconduct by an official in terms section 83 of the PFMA. Then The iFIRM Trading sued SAFCOL and Ms Mona, since there was no contract between itself and iFIRM, SAFCOL defended the claim for payment.

(c) (ii)(aa)

(bb) SAFCOL - 3

TRANSNET:

According to the information received from Transnet

(a)(ii) Transnet SOC Ltd (Transnet) has 49 (forty-nine) defended/pending litigious claims against Transnet in respect of alleged recklessness, negligence and misconduct of a functionary or an official of Transnet

(b) The full list and total contingent liability for the 49 matters referred to above are as follows:

	Matter	Transnet Operating Division	Contingent Liability
	“MV SMART” ran aground (Claim by owners of “MV SMART” & claim by owners of the cargo).	TNPA	R2 258 519 846.68
	The vehicle drove off quay wall – 2 Fatalities.	TPT	R3 069 309.60
	The train collided with JK Mashaya – Seriously Injured.	TFR	R4 368 185.64
	“Genco Tiberius” collided with quay wall under pilotage (pilot error).	TNPA	R26 759 268.58
	Train collided with motor vehicles - no injuries.	TFR	R250 000.00
	"Julian" collided with coal-loader on dock under pilotage (property damaged).	TNPA	R6 010 608.53
	Crane damage to “TR Princess” (property damaged).	TPT	R560 000.00
	MSC Vita NZ301R Case no A38/2024 (TPT employees allegedly caused reefer container to be powered off)	TPT	R564 903.30
	MSC Case no A27/2024 (Damaged caused to containers)	TPT	R79 612.80
	MSC Case no A20/2024 (Damage caused to containers)	TPT	R843 569.89
	MSC Caterina Case no A17/2024 (Damage caused to containers)	TPT	R 668 754.52
	MSC Jeongmin Case no A3/2024 (Damage caused to containers)	TPT	R79 737.10
	MSC Samu Case no A1/2024 (Damage caused to containers)	TPT	R252 186.88
	MSC Carouge Case no A79/2023 (Damage caused to containers)	TPT	R56 097.09
	MSC Sarya III Case no A78/2023 (Damage caused to containers)	TPT	R334 432.98
	MSC Case no A77/2023 (Damage caused to containers)	TPT	R891 481.63
	MSC Desiree Case no A75/2023 (Damage caused to containers)	TPT	R28 995.77
	MSC Anzu Case no A74/2023 (Damage caused to containers)	TPT	R33 317.92
	MSC Marianna NZ235A Case number A64/2023 (Damage to containers)	TPT	R1 442 875.21
	Mv Letizia Case No A42/2023 (Damage to containers)	TPT	R1 036 664.08
	MV "MSC Krittika" Case no A24/2023 (Damage to containers)	TPT	R392 633.00
	MV "MSC Meltemi III" Case no A23/2023 (Damage to containers)	TPT	R10 000.00
	MVmv "Seamax Stamford” Ocean Network Express Case no A10/2023 (Damage to containers)	TPT	R26 395.05
	MSC Cape Kortia ZF139A Case no A2/2023 (Damage to containers)	TPT	R9187.00
	MV Conti Chivalry Case no A 57/2022 (Damages to vessel)	TPT	R40 440.00
	MV MSC Branka Case no A55/2022 (Damages to vessel)	TPT	R20 000.00
	MV MSC Jeanne Case no A53/2022 (Damages to vessel cell guides)	TPT	R26 258.00
	MSC Antigua Case no A49/2022 (Damages to containers)	TPT	R680 000.00
	MSC Case no A47/2022 (Damages to container and contents of container)	TPT	R75 904.50
	MSC Chloe Case no A45/2022 (Damages to container and contents of container)	TPT	R286 416.06
	MSC Case no A36/2022 (Damages to container and contents of container)	TPT	R987 232.00
	GSL NINGBO ZF115A Case no A 43/2022 (Damages to container)	TPT	R902 211.67
	MSC Sasha Case no A41/2022 (Damages to container)	TPT	R232 555.00
	MSC Diego Case no A40/2022	TPT	R50 000.00
	TRANSNET FREIGHT RAIL // SAREL LOMBARD (Electrocution on railway track)	TFR	R1 500 000.00
	WILLIAM GEORGE BARNARD // WILLIAM FORD HOWARD (Action for malicious prosecution/unlawful arrest against TFR employee)	TFR	R915 857.93
	MR. S D MAKHANYA // TRANSNET SOC LIMITED (Damages resulting from alleged negligent driving of motor vehicle by Transnet employee).	TFR	R203 662.00
	DANIEL PRETORIUS // TRANSNET FREIGHT RAIL (Claim for damages resulting from collision between motor vehicle and locomotive at railway crossing).	TFR	R2 500 000.00
	MBALENHLE SMARTGIRL NSIBANDE VS TRANSNET FREIGHT RAIL (Claim for loss of support resulting from negligence of Transnet employee in a collision)	TFR	R7 511 850.00
	WALKER MSUKELWA MHLONGO // K MOHAN (Motor vehicle collision allegedly caused by negligent driving of Transnet employee)	TFR	R69 725.00
	TRANSNET FREIGHT RAIL // NP NOTHELE obo SAMKELO (human/train incident)	TFR	R9 100 000.00
	KENNETH CLAUDE OLDWADGE HELENA OLDWADGE // TRANSNET FREIGHT RAIL (Damages to property resulting from fire caused by Transnet employee)	TFR	R179 525.60
	TRANSNET FREIGHT RAIL // SELINAH ZOOWA BUDA & ANOTHER (Electrocution caused by negligence of Transnet employee)	TFR	R20 000 000.00
	VUSUMUZI THOMAS MADI // TRANSNET FREIGHT RAIL (TFR Train hit two bulls)	TFR	R211 500.00
	REMADE HOLDINGS (PTY) LTD // TRANSNET (Collision due to negligent driving by Transnet employee)	TFR	R152 234.00
	TRANSNET FREIGHT RAIL // JOHANNES MADALA MASHEGOANE (Personal injuries resulting from shooting by Transnet security officials)	TFR	R6 300 000.00
	TRANSNET FREIGHT RAIL // MATTHEW RAYNE ELLISH (Claim for damages as a result of collision)	TFR	R12 933.65
	MAFIKA ISAAC MOTLOUNG VS TRANSNET (Claim for damages to Plaintiff’s vehicle)	TFR	R31 753.05
	TRANSNET FREIGHT RAIL // M L MANDHLAZI (Personal injuries when Plaintiff was alighted from moving Train)	TFR	R1 648 850.00
TOTAL CONTINGENT LIABILITY			R2,359,926,971.71

(c) (i) All 49 matters listed herein are defensible.

(ii)(bb) N/A

Thank You

Reply:

It's important to note that South Africa's foreign policy is a direct reflection of its domestic imperatives aimed at redressing the historical socio-economic disparities that are the legacy of the apartheid system. Consequently, our embassies worldwide actively drive economic diplomacy through export, investment, startups and incubation projects’ promotion initiatives by working closely with varied public institutions i.e. SEDA (Small, Enterprise Development Agency), and private sector stakeholders, both abroad and in South Africa, to assist in bolstering the country's small and medium-sized enterprises. To this end, we have been unequivocal in urging businesses globally to actively engage with South Africa's economy, as their participation is critical to our economic growth and overall development.

Reply:

(1&2). This matter may be considered a dispute between an aggrieved athlete and the National Federation or any other relevant party. The athlete is alleging unfair de-selection or withdrawal from the Team. As such it should be dealt with in terms of Section 13 of the National Sport and Recreation Act 18 of 2007. Section 13(1)(a) of the said Act directs as follows “Every sport or recreation body must in accordance with its internal procedures and remedies provided for in its constitution, resolve any dispute arising among its members or with its governing body. Section further sets forth the processes and procedures to be followed in dealing with these matters. 

In addition, Section 13(5)(a) sets out the conditions within which the Minister may intervene. In terms of Section 13 (5) (b) (ii) of the National Sport and Recreation Act, the Minister is debarred from involvement in matters relating to selection of teams. The Section states that “The Minister may not interfere in matters relating to selection of team, administration of sport and appointment of, or termination of the service of, the executive members of sport or recreation bodies. 

The above provisions are premised on the directives of the Olympic Charter presented below for ease of reference. Article 27(3) “The National Olympic Committees (NOC) have the exclusive authority for the representation of their respective countries at the Olympic Games and at the regional, continental or world multi-sports competitions patronised by the IOC. In addition, each NOC is obliged to participate in the Games of the Olympiad by sending athletes” Article 27(7) (7.2) “The NOCs have the right to send competitors, team officials and other team personnel to the Olympic Games in compliance with the Olympic Charter” Article 27(9) “Apart from the measures and sanctions provided in the case of infringement of the Olympic Charter, the IOC Executive Board may take any appropriate decisions for the protection of the Olympic Movement in the country of an NOC, including suspension of or withdrawal of recognition from such NOC if the constitution, law or other regulations in force in the country concerned, or any act by any governmental or other body causes the activity of the NOC or the making or expression of its will to be hampered”. 

Section 29 of the Olympic extends the same provisions to the National Federations. 

(3). In line with the above the Team and Athlete Selection Policies and Selection Criteria fall outside the jurisdiction of the Minister. The selection policy is set by the National Olympic Committee (SASCOC) through its General Council. National Federations further set their sport specific Selection Policies and Selection Criteria in line with their Constitutions. 

(4). Participation at an elite level is highly competitive. Athletes should never lose hope but continuous strive to better themselves in preparation for future competitions. 

NATIONAL ASSEMBLY 

QUESTION NO. 54-2024 

WRITTEN REPLY 

INTERNAL QUESTION PAPER NO. 54 – 2024, DATE OF PUBLICATION 18 JULY 2024: 

MR LG MOKOENA (EFF) TO ASK THE MINISTER OF SPORT, ARTS AND CULTURE: 

(a) What is the total cost of maintaining the Art Bank of South Africa and (b) how has its 

upkeep been financed on a yearly basis since its inception on 12 December 2017? NW55E 

REPLY 

(a) The average cost of maintenance of the Art Bank of South Africa has between R3.2million and R4.7million between 2016 and 2024. This cost is inclusive of the operational costs and annual spend on acquisitions. 

(b) The programme is financially supported with an annual allocation of R3million in 2016/17, 2018/2019, 2019/2020, 2020/2021, 2021/2022 and R6million in 2022/2023 and 2023/2024. 

The Art Bank of South Africa programme was placed within the National Museum, an entity of DSAC to keep the staffing needs and operational costs of the programme low. 

NATIONAL ASSEMBLY 

QUESTION NO.135-2024 

WRITTEN REPLY 

INTERNAL QUESTION PAPER NO. 02-2024 DATED 26 JULY 2024 

“MR T P MOGALE (EFF) TO ASK THE MINISTER OF SPORT, ARTS AND CULTURE: 

1. What (a) actions will he undertake to fast-track name changes across the Republic and (b) what are his intentions regarding statues of colonial and apartheid leaders which are still publicly displayed. 

2. Whether the Minister will consider introducing a Bill giving him powers to institute name change processes and not rely on municipalities to facilitate the process of name changes; if not, why not; if so, what are the relevant details. NW150E 

REPLY 

1(a). The South African Geographical Names Council (SAGNC) working together with the Provincial Geographical Names Committees (PGNCs) has been embarking on an ongoing public awareness campaign on the need to transform the geographical names landscape. 

It will continue with this process and is currently planning to conduct national awareness using both national broadcasting and social media platforms. 

(b). Following National Consultation across the nine provinces, the Department of Sport, Arts and Culture appointed a Ministerial Task Team to advise on the transformation of South Africa’s heritage landscape in the 2017/2018 financial year. 

The Ministerial Task Team produced a report with recommendations. 

The report was tabled to Cabinet for endorsement 2020/2021. 

 

As part of implementation of the recommendations, the Department through the South African Heritage Resources Agency (SAHRA) conducted a national audit of all statues in South Africa in the 2021/2022 financial year. The process for the relocation and repositioning of the symbols and statues was to be guided by National Heritage Resources Act. No. 25 of 1999. 

However, the National Treasury declined the Department’s request for the budget allocation regarding the relocation, repositioning and curation into Regional Cultural Nation Building Parks of statues and monuments not in line with the values and spirit of the constitution. 

Once the budget is made available, SAHRA together with Provincial Heritage Resources Authorities and local authorities and guided by National Heritage Resources Act, 1999 (Act 25 of 1999) will ensure stakeholder involvement and public consultation with all the relevant and interested parties in the relocation, repositioning and curation into Regional Cultural Nation Building Parks of statues. 

2. The South African Geographical Names Council (SAGNC) Act No. 118 of 1998, the Promotion of Administrative Justice Act (PAJA) Act No. 3 of 2000, and the United Nations Resolutions on geographical names stress on public involvement/inclusion concerning the standardization of geographical names. 

All members of the public, especially those who have been historically marginalised have the right to have their voices heard in the transformation of geographical names. Communities must identity/support the new names where old names are being replaced. Municipalities facilitate public consultations. 

Thus, it is crucial for the Minister to rely on the involvement of both municipalities and the public. 

NATIONAL ASSEMBLY 

QUESTION PAPER NO. 6 

FOR WRITTEN REPLY 

INTERNAL QUESTION PAPER NO. 1- 2024 DATED 18 JULY 2024: 

“Ms N N Chirwa-Mpungose (Gauteng: EFF) to ask the Minister of Sport, Arts 

and Culture” 

(1) Whether, in light of his department’s provision of annual bursaries to heritage, anthropology and archaeology students to pursue undergraduate and postgraduate studies, he will expand such bursaries to accommodate a bigger group of students in pursuit of such courses; if not, why not; if so, what are the relevant details. 

 

REPLY 

The heritage bursaries programme aims to bridge the heritage sector skills gap in arears of critical and scarce heritage skills such as forensic anthropology, forensic and marine archaeology, conservation, intangible cultural heritage and IKS protection and promotion, digitization, marketing of heritage. 

The programme has an annual target of 45 students with a total budget of R5 030.000. The target number can be increased if resources allow. 

(2) Whether he will include internship programmes that will absorb the beneficiaries and/or graduates in the said course codes; if not, why not; if so, what are the relevant details. 

REPLY 

The Department also developed a placement strategy that seeks to equip unemployed graduates with the necessary skills in the sector. This placement programme was implemented in April 2023 and runs for a period of two (2) years before the next intake of interns (unemployed graduates) takes place. 

Currently, there are 15 interns (unemployed heritage graduates) that are employed in the sector. The DSAC has also developed a database of all unemployed graduates which is updated every third quarter of each financial year. During the past financial year, four (4) interns were absorbed into the heritage sector by accepting permanent positions. These previously unemployed graduates have since been replaced with new interns from the database.

Reply:

REPLY:

a) The South African Police Service’s (SAPS) fleet complement, of vehicles procured, is a total of 47 897. This figure includes: vans, minibus, SUVs, Buses, Trailers, trucks etc.

b) The estimated monetary value of the specified vehicles is R16 356 121 734.00.

Reply:

Over the past there of administration government has focused on implementing the National Development Plan (NDP) through the and the 5 yearly Medium Term Strategic Framework (MTSF) and the annual performance plan of the departments and the entities.

In the 6^th Administration government identified 7 priorities that will fast track South Africa’s path to prosperity are namely:

1. Economic transformation
2. Education, skills and health
3. Consolidating the social wage through reliable and quality basic services
4. Spatial integration, human settlements and local government
5. Social cohesion and safe communities
6. A capable, ethical and developmental state
7. A better Africa and the World.

It is now common knowledge that the implementation of the MTSF didn’t proceed as planned as we had to significantly rebase the targets and reallocate the budgets towards managing the Covid 19 Global Pandemic. While significant strides were made to manage the pandemic and achieve some of the targets available data indicates that we are moving towards archiving our commitments.

Going forward the Government in the context of National Unity (GNU) still sees the NDP as a lodestar of our development trajectory. In this regard, most of the commitments made in the NDP still finds greater expression in the Medium Term Development Plan (MTDP) which was announced by the president during the opening of parliament in July 2024. Our department is coordinating the development of cluster action plans which will culminate in the Annual Performance Plans (APPs) of departments and affected state entities.

Thank you

Reply:

According to the information received from Transnet

(1)

Work done to date: After the initial Container Port Performance Index (CPPI) report was published in 2021, Transnet engaged with the World Bank (WB) to understand the methodology for the ranking. Transnet Port Terminals (TPT) pointed out irregularities in their data – the dataset contained information from four (4) multi-purpose terminals in Durban and only one (1) container terminal. TPT offered to share its data with IHS-Markit to ensure data credibility, however, this offer was refused because the methodology needed to be consistent for all ports. Despite these discussions, it remained difficult to grasp the intricate mix of ship sizes, call sizes, and the various methodologies employed by the World Bank to determine the ranking.

Data Discrepancies: Apart from including Multi-Purpose Terminals in the South African data, not all Shipping lines participated in the information sharing, therefore rendering the sample unrepresentative.

Actions to resolve: In July 2021, Transnet received a World Bank Consultant assessing the container terminals and making recommendations to improve the performance.

• First Visit (November 2021): Transnet hosted the World Bank Consultant at the Durban and Ngqura Container Terminals. A report with recommendations was submitted, and 45 priority actions were identified. Local meetings tracked progress, involving feedback to the Transnet group and TPT Headquarters.
• Second Visit (August 2022): The consultant focused on Cape Town, spending only two days in Durban and Ngqura each. Feedback confirmed progress, leading to a re-prioritized action list. 44% of initiatives – such as planner training were implemented, and 28% were in progress.

Industrial action (November 2022) and severe storms (April 2022 and September 2023) offset some gains from implementing the recommendations. While some small-scale improvements occurred, the World Bank consultant’s recommendation did not significantly impact Transnet’s ranking on the CPPI. Equipment remains the single biggest critical factor in improving vessels' turnaround time.

(2)

Transnet worked with the World Bank to improve its operations, improve ranking and understand the methodology used. It was not intended to enable privatisation. Transnet has a strategy supported by the Freight Logistic Roadmap that promotes crowding in private capital and to reduce the burden on the fiscus.

Transnet is on record indicating its disagreement about using the CPPI as a productivity measure. It is recommended that we acknowledge the World Bank’s efforts but emphasize that substantial gains require investment in necessary equipment, amongst others.

Thank you

Reply:

According to the information received from Transnet

a) Transnet is aware of the Economic Regulation of Transport Bill signed by the President on the 11^th of June 2024, which may affect Transnet’s business operations. It involves the establishment of a Transport Economic Regulator by the Department of Transport; responsible for regulating prices across the transport sector, investigate complaints, monitor, and enforce compliance in the transport sector. Transnet had been monitoring the development of this legislation and made inputs through appropriate structures during the consultation process. Transnet’s portfolio of businesses already includes ‘regulated businesses’ such as National Ports Authority (TNPA) and Transnet Pipeline, which are already subjected to regulations in terms of tariffs. This legislation is therefore likely to impact on Transnet’s terminal operations and rail operations businesses. Transnet welcomes this legislation and will support implementation as it seeks to promote an effective and productive transport sector.

b) The National Rail Policy White Paper was signed by Cabinet on 23 March 2022. The White paper makes allowance for private railway operators to operate on Transnet rail infrastructure.

c) Cabinet had, in December 2023, approved at least two key documents that involve private sector participation in Transnet i.e. the Freight Logistics Roadmap and Rail Private Sector Participation Framework. It must be noted that Transnet’s current strategy, the Reinvention and Growth Strategy, had already identified opportunities to leverage private sector participation in strengthening logistics value chains across rail, ports, terminals, and pipeline businesses, especially for key sectors of the economy such as mining commodities, manufacturing, energy, and agriculture. The leverage required would be in the form of capital investments; skills and knowledge; opening and growing market share for Transnet in South Africa and into regional markets. Engagements, through the National Logistics Crisis Committee (NLCC) are ongoing in identifying and pursuing optimal involvement of the private sector to deliver value as envisaged in the Freight Logistics Roadmap. The mechanism for the implementation of the Private Sector Participation (PSP) Framework is still under development, and more clarity is expected in the future from the Department of Transport.

Thank you

Reply:

1. The Department of Employment and Labour has implemented the no work experience requirement in entry level posts and will continue advocating for more learnerships and internships to ready entrants into the labour market.
2. No, this was not a stunt or political point scoring as Government has ensured that learners can gain valuable skills and experience without personal financial burden. The learner-ships and apprenticeships assist learners to align with industry needs, equipping them with the necessary skills for employability.
3. As much as the competency and responsibility of supporting industrialisation in the minerals sector in order to create factories for purification and the entire value chain does not rest with the Department of Employment and Labour, work in this space falls into the collaboration commitment with sister departments, that Department of Employment and Labour (DEL) is very much keen on. We plan to lead DEL to upping the ante pertaining to coordination work of all job creation initiatives, interventions, creativity and innovations that are found in various government departments, spheres of government as well as public agencies.
4. The Department of Employment and Labour through the Unemployment Insurance Fund (UIF) supports numerous initiatives under its Labour Activation Programme (LAP) aimed at stimulating employment and ensuring employability. Moreover, through the UIF that works closely with Public Investment Company (PIC), the Department has supported different sectors of our economy to create employment.

END

Reply:

(1)(a) The 1994 democratic breakthrough introduced a Constitution that entrenched land reform in sections 25 (5),(6) and (7). Since 1994, over 9.2 million hectares have been acquired through various government-driven land reform programmes such as Land Redistribution, Tenure Reform and Restitution.

As part of the state land release initiative to accelerate land reform, 659 602 hectares of agricultural state land were allocated for various purposes.

Furthermore, through the Transformation of Certain Rural Areas Act (TRANCRAA) No. 94 of 1998, 599 000 hectares have been transferred to coloured communities, where such land was held in trust for the respective communities.

(b) To ensure that land redistribution is both equitable and efficient, the Department has developed, amongst others, the following policies:

• Provision of Land and Assistance Act No. 126 of 1993 to provide for the acquisition of land, planning, development, improvement and disposal of property and the provision of financial assistance for land reform purposes; to provide for the maintenance of property for land reform purposes; and to provide for matters connected therewith.
• Proactive Land Acquisition Policy to provide for the procedure for acquisition of land; define the beneficiary categories and groups for land allocation; and for the approval processes.
• State Land Lease and Disposal Policy to guide on the leasing of state land, whether for agricultural or commercial development purposes and the disposal thereof.
• Beneficiary Selection and Land Allocation Policy to provide access to land on a transparent and equitable basis to previously disadvantaged South African citizens in compliance with the Constitution.
• Land Donation Policy to encourage landowners to donate land to advance land reform.
• The Department has commenced development of the Land Redistribution Policy and Bill to further enhance land redistribution.

(2)(a) A Backlog Reduction Strategy was developed to create a detailed database of all outstanding claims to be settled. The strategy focuses on improved policies and standard operating procedures to reduce the time it takes to settle a land claim.

(b) The proposal of a new structure to increase funding to provide for both human and financial resources to implement the strategy has been submitted for approval.

3. The Department has developed programmes that support farmers including land reform beneficiaries i.e., Comprehensive Agricultural Support Programme (CASP), Blended Funding Model (BFM) and Land Development Support as well as the Cabinet approved National Policy on Comprehensive Producer Development Support (NPCPDS).

The Department offers various training programmes to beneficiaries and new landowners through the Comprehensive Agricultural Support Programme (CASP) categorised as follows:

• Production such as goat, poultry, crop, maize, dairy, beef, etc.
• Business and Entrepreneurship such as Bookkeeping, Business Management, Financial Management, Record Keeping, Marketing, etc.
• Occupation Health and Safety, Safe Use of Chemicals, and Fire Management, etc.
• Agro–Processing such as Value Addition, Packaging, and Marketing.

Through the Land Development and Post Settlement Support model, the Department has entered into Service Level Agreements with commodity organizations and financial institutions to enable skills transfer, market access and sustainability of farming operations where emerging farmers have been allocated land.

These partnerships provide an opportunity for farmers to build their credit profiles to enable them access to finance as well as access to markets.

National Policy on Comprehensive Producer Development Support (NPCPDS) policy designed to bring together producer support from both government and private sector in a coordinated manner

4. To balance land reform with agricultural production, the President appointed the Presidential Advisory Panel on Land Reform and Agriculture in 2018. The Advisory Panel provided independent expert advice and recommendations which are included in the Programme of Action (POA) and are processed through the Inter-Ministerial Committee (IMC) on Land Reform and Agriculture, chaired by the Deputy President.

To enhance the utilization of land, the Department worked with social partners in the development of the Agriculture and Agro-Processing Master Plan (AAMP). The AAMP is key in ensuring the productive utilization of land for primary production that is linked to agro-processing and marketing.

Reply:

1. There is no agreement between the Health Department and the CCSSA regarding the management of patients in the ICU. It is therefore not mandatory for medical practitioners, such as doctors and nurses, who conduct family counselling sessions at the intensive care unit (ICU) to use the counselling session form of the Critical Care Society of Southern Africa (CCSSA). Patient files and/or forms used should always have the patient’s details on them.

2. Any information about a patient management is captured in a ICU patient file not in a separate hard-cover notebook.

3. It is not mandatory for medical practitioners, to use counselling session form or the hard cover notebook of the Critical Care Society of Southern Africa (CCSSA). It is normal practice for family members to request and be allowed to access notes written about patients but there are strict processes that need to be followed in terms of Promotion of Access to Information Act.

This Act gives the constitutional right of access to any information held by the State and any information held by private bodies that is required for the exercise and protection of any rights.

4. Family members should not be denied access to patient’s medical information. However, there are processes that need to be followed in terms of Promotion of Access to information Act which gives the constitutional right of access to any information held by the State and any information held by private bodies that is required for the exercise and protection of rights including patients’ rights.

5. Health facilities are also guided by Promotion of Access to Information Act. If there is any violation of this right, the Promotion of Access to Information Act should be consulted and its provisions applied for redress. Families can also approach the Health Ombud’s Office to lay a complaint and request investigation where they feel that a violation regarding access to a patient’s information has occurred.

END.

Reply:

No. The Traditional and Khoi-San Leadership Act, 2019 (Act No. 3 of 2019) (TKLA), which is the basis for which Khoi-San communities and leaders are recognised only makes provision for the recognition of Senior Khoi-San leaders and Branch Heads, and not for the recognition of Khoi-San kings and chiefs.

I am advised that my predecessor, Minister Nkosazana Dlamini-Zuma established the Commission on Khoi-San Matters (the Commission) on 1 September 2021 in compliance with section 52(1)(a) of the TKLA. In terms of the Act, the mandate of the Commission is to receive applications for recognition of Khoi-San communities and leaders, conduct research and investigations on the received applications and make recommendations to the Minister for a decision on the recognition of Khoi-San communities, hereditary senior Khoi-San leaders, elected senior Khoi-San leaders and branches and branch heads.

Section 5 of the Act specifies the qualifying criteria for which an applicant community and person should comply to be recognised as a Khoi-San Community and leader, respectively. I am advised that to date the Commission received 125 applications for recognition of Khoi-San communities and leaders and all the applications were not compliant with the criteria, they did not have the required information and documents for the Commission to determine whether they qualify for recognition in terms of the set criteria. Therefore the Commission could not make recommendations to the Minister for a decision.

To address this challenge the Commission had to start a process of supporting the applicants to accurately complete the application form and submit information required in terms of the criteria in section 5 of the Act, the process which the Commission refers to as Applicant Member Investigations (AMIs). I am advised that, to date the Commission has completed 47 AMIs of the received applications, 40 applicant members refused to partake in the AMIs. I am further advised that the Commission will finalise the AMIs for the remaining applications in the current financial year, after which the process of consolidating recommendations to the Minister will follow.

End.

Reply:

1. Doctors who hold the status of a medical officer and not that of a medical specialist or intensivist are allowed to administer treatment to a patient in the intensive care unit (ICU) provided that they have received appropriate basic training for managing critically ill patients or are under the supervision of a medical specialist or intensivist.
2. Medical officers and intensivists are allowed to certify a patient dead within the ICU.
3. All surgeons are allowed to administer and/or recommend treatment to patients in ICU.
4. No nurse and/or doctor within the ICU is allowed to switch off the life support systems without seeking the permission of the patient’s family and/or making the family aware of the proposed decision. If a need arises, families are notified and counselled and should they agree, they are given a consent form to sign, authorising the switching off of the life support.
5. In an instance where due process to switch off a patient’s life support system was not followed, the family should engage the hospital authorities and submit a complaint with the senior hospital management.

END.

Reply:

Currently there is no plan to repurpose portions of the public hospitals into private sections. Instead many public hospitals also attend to patients that have medical aid cover who prefer to be cared for in public hospitals. These patients get admitted to normal wards like all other patients without discrimination. There was an attempt previously to create private wards inside the public hospitals which was counter-productive as Doctors would bring their private patients and pay more attention to them at the expense of public patients. The current experience is that an increasing number of privately funded patients also seek care in public hospitals.

END.

Reply:

It is important to advise the Honourable Member that Leratong Hospital is not in Katlehong.

According to the Gauteng Department of Health there was a delay in attending to the damaged and collapsed theatre ceilings at Leratong Hospital in Krugersdorp. However, emergency procurement of service providers was done and the renovations were completed in all theatres in April 2024.

The two chillers that were found to be out of service and affecting the theatres' functioning are in full service. One chiller just required recoding, which was done during May 2024. The second chiller required new parts, which were also sourced and installed during May 2024 and are now fully functional. All eight (8) theatres in Leratong Hospital are fully functional, and surgeries are being performed.

END.

Reply:

1. It is not mandatory for nurses who work in the high care and intensive care units (ICU) to register with the Critical Care Society of Southern Africa (CCSSA).
2. South Africa does not have a large number of medical doctors who are trained as intensivists (ICU specialists). Medical doctors who are not intensivists are therefore allowed to work in the ICU and administer treatment to patients provided that they have received appropriate basic training for managing critically ill patients.
3. ICU holds a separate medical file from the main hospital file of each patient At the ICU the clinicians use ICU charts to capture patient’s condition during their stay.
4. The family members are required to follow processes as stipulated by the Promotion of Access to information Act which gives the constitutional right of access to any information held by the State and any information held by private bodies that is required for the exercise and protection of any rights. They should therefore submit an application to the hospital chief executive officer requesting access to the record/s.

END.

Reply:

According to the Gauteng Department of Health, the case of a 35-year-old female patient who died due to the fire that occurred at the Dr George Mukhari Hospital is still under investigation by the South African Police Service (SAPS) and has also been referred to the Health Ombudsman. The Gauteng Department of Health provided psycho-social support to the family and assisted in the burial of the deceased patient.

END.

Reply:

(1)(a) Over 80 000 old order claims.

(b) 163 383 new order claims.

2. The Commission on Restitution of Land Rights (CRLR) is prohibited from processing any new-order claims lodged between 1 July 2014 and 28 July 2016 until it has settled or referred to the Land Claims Court (LCC) all claims lodged on or before 31 December 1998 (old-order claims) or Parliament introduces new legislation to deal with the interdicted claims.

In addition, the Chief Land Claims Commissioner must file a report with the LCC at six-monthly intervals from the date of this order, setting out the number of outstanding old-order claims and how the CRLR intended processing them with an anticipated date of completion. The CRLR should also indicate the nature of any constraints, whether budgetary or otherwise, it faced in meeting its anticipated completion date.

The CRLR has, to date, submitted nineth reports to the LCC in compliance with the requirements of LAMOSA 2.

END

Reply:

Since the beginning of this year, Eskom’s plant availability has been trending upwards, supported by decrease in unplanned losses. Generation has been able to maintain the unplanned losses below -14 000 MW throughout the winter period, while leveraging the improved performance to conduct additional short-term Planned Capacity Loss Factor (PCLF).

The Generation fleet is showing more reliable performance going into the summer of 2024 commensurate to 2023. All indication suggest that this performance trajectory is sustainable. We continue to drive efforts to complement the coal fleet with new generation capacity in line with the IRP, including conversion of the Open Cycle Gas Turbine (OCGT) from Diesel to Gas and from open to close cycle operating systems.

 

 

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Reply:

(a)(b)(c) The total amount spent, completion date and the delays on this project cannot be determined by the South African Police Service due to the fact that the police station is a non-devolved facility and the project is executed by the National Department of Public Works and Infrastructure (NDPWI).

Reply to question 76 recommended/ not recommended

 

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Reply:

1. Yes, the HEU stockpiles are kept and declared to the International Atomic Energy Agency (IAEA) as per the Comprehensive Safeguards Agreement (CSA), INFCIRC/394

a) (i) The enrichment level is classified information

(ii) See (a)(i) above.

b)  The Department is in the process of developing strategy for critical minerals. The long-term sustainability of any minerals will be considered in the context of that strategy.

2. No request has been made by any country in the past six years, for the Republic to downgrade its HEU.

Reply:

(1)(a) Cost-of-living allowances for diplomats are exempt from income tax, as provided for in section 8(1)(a)(iv) of the Income Tax Act, 1962.

(b) The taxability of the allowances was reviewed in 2001 and it was decided to tax the previously exempt allowances. However, based on representations by the Department of International Relations and Cooperation (DIRCO) following the introduction of the residence basis of taxation, it was decided to restore the exemption in the Revenue Laws Amendment Act, 2002. The taxation of the allowances was reviewed again in 2012 and the exemption was maintained in the Taxation Laws Amendment Act, 2012.

The amounts of the allowances are determined by the Minister of Public Service and Administration (in a Foreign Service Dispensation), after consultation with DIRCO. It is important to note that the allowances are funded by tax revenue. If the quantum of the allowances were to be reduced by taxation and it were necessary for a diplomat to incur higher costs in a specific country to maintain a specified standard of living in that country, the shortfall would need to be funded by way of an additional budget allocation from tax revenue by National Treasury to DIRCO.

(2) The taxation of the allowances is governed by the provisions of the Income Tax Act, 1962, as noted above. In terms of international law, diplomats on assignment in other countries are only subject to taxation on their remuneration in their home countries. Similarly, double taxation agreements provide that civil servants on assignment in other countries are generally only taxable on their remuneration in their home countries. Accordingly, cost-of-living allowances for civil servants are also exempt from income tax, as provided for in section 8(1)(a)(iv) of the Income Tax Act, 1962.

Employees in the private sector, on the other hand, may be taxed on their remuneration in both their home countries and the foreign countries in which they work. In order to simplify issues around double taxation relief and cater for cost-of-living allowances, which form part of remuneration for private sector employees, section 10(1)(o)(ii) of the Income Tax Act, 1962, provides for the exemption of up to R1.25 million of remuneration a year for work outside South Africa. The section requires that the employee be outside South Africa for at least 183 full days in total in any period of twelve months of which more than 60 days must be continuous.

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a) There are no plans to review the taxation of the cost-of-living allowances in the near future. A review of the taxation of the allowances was done by National Treasury, SARS, the Department of International Relations and Cooperation (DIRCO) and Parliament in 2001, 2002 and 2012.

b) Cost-of-living allowances for diplomats are not taxed, so there is no impact.

Reply:

a) The total number of delictual claims pending against the South African Police Service (SAPS) until the end of June 2024 are 43 954 in respect of alleged recklessness, negligence and misconduct cases.

b) The total amount on contingent liability until the end of June 2024 is estimated at R65 360 878 668.64.

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Reply:

1. The NARYSEC Policy was amended in March 2022 to include Phase 4 of the programme which is facilitating exit opportunities after the skills development programme. Please refer to Annexure A for the list of exit opportunities made available to four (4) intakes in 2022 and 2023.

2. No. NARYSEC does not have volunteers.

3. Falls away.

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Pursuant to the Ministerial Committee reviewing the issuance of permits and visas (MinCom Report) (widely referred to as the Lubisi Report) (hereinafter referred to as the “Report”), the Department of Home Affairs appointed a Multi-Disciplinary Task Team (MDTT) operating under a joint venture known as Cognitive Analytical Litigation and Investigations (CAJV), to implement, inter alia, recommendations of the “Report”. The work of the MDTT focuses on 25 identified areas of priority and culminates into referral of identified matters to respective law enforcement agencies for criminal investigation, as well as to the Department’s Labour Relations Unit for possible disciplinary action.

As of 30 June 2024;

• 11 referrals have been made to law agencies. Recommendations of the MDTT are currently being implemented in collaboration with other law enforcement bodies, including the Special Investigation Unit (SIU), which is now mandated under a Presidential Proclamation (R154 of 2024) dated 16th February 2024 and provides for investigation of serious maladministration in connection with the affairs of the Department.

• 23 officials referred to Labour Relations in respect to the 11 referrals above.

The work of the MDTT is meticulous and complex, and requires that investigations are evidence-led so that once an official is charged, the only possible outcome should be guilty verdict. It should also be able to withstand an Appeals process so as to root out malfeasance within the Department.

a) The Special Investigation Unit (SIU) is probing visas issued due to the alleged activities.

b) The total number of approved cases since August 2022 to date is: 79 904.

END.

Reply:

(1) The total number of private water-use licences that have been issued by the Department of Water and Sanitation are as follows:

(a) From 2021 to 2023, a total of 1410 water use licences were issued to private persons.

(b) From 1 January up to 19 July 2024, a total of 272 water use licences were issued to private persons.

(2) The Department does keep a record of the demographic details of the recipients of private water use licences.

(a) The total number of private water use licences awarded to white citizens and/or entities owned by white citizens from 2021 to 2023 is 919.

(b) The total number of private water use licences that have been awarded to white citizens and/or entities owned by white citizens from 01 January to 19 July 2024 is 156.

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Reply:

The former Minister of DWS has approved NWRIA business case and the Department is awaiting the President to sign the National Water Resource Infrastructure Agency (NWRIA) Bill. To prepare for the establishment of the Agency, the DWS has also been engaged with the following processes:

• The transition roadmap is in place and implementation is being managed together with TCTA
• The DG chaired the initial integrated workstream to ensure smooth transition and implementation of the transitional road map
• Various workstreams have been established to develop and implement an overarching change management plan, including a staff transfer plan and asset transfer strategy, as well as a communications plan
• The advertisement of Board and appointment of Nomination Committee by Minister will be initiated in August/ September 2024
• It is envisaged that the Minister will appoint the Board for the NWRIA by November/ December 2024. Thereafter, the Chief Executive Officer and executives will be appointed
• DWS will transfer ownership of all the national water resource infrastructure assets to the NWRIA, along with staff responsible for maintenance and operation of the assets
• All the functions, projects, staff and agreements of the TCTA will be transferred to the NWRIA at a date decided by the Minister within a period of twelve months of establishment.

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Reply:

(a) Regarding the implementation of catchment plans for mine water and wastewater management, the Department is actively addressing these critical issues through allocation of resources and enhancement of technical capacities. Significant progress has been made in the development and implementation of catchment plans across key areas such as Vaal, Orange, Mzimvubu-Tsitsikamma, Crocodile, and Limpopo Water Management areas.

One of the challenges identified in these catchment plans is the insufficient monitoring of water resources to accurately assess the impacts of mining activities and wastewater treatment works (WWTWs). To mitigate this challenge, laboratory services have been procured in all provinces to ensure robust monitoring of regional groundwater and surface water pollution, thereby enabling coordinated efforts to safeguard these vital resources. Additionally, capacity-building initiatives are underway to empower officials in effectively implementing the department’s Mine Water Management Policy in all provincial offices.

(b) Substantial investments are earmarked for the review of waste discharge standards across various catchments. This proactive measure is aimed at ensuring the maintenance of Resource Quality Objectives (RQOs), thereby enhancing overall environmental stewardship. In addition, additional personnel will be allocated to the Blue Scorpions to bolster their ability to investigate and take decisive action against non-compliance.

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Reply:

(1)(a) The Department leases 214 (two hundred and fourteen) buildings from private owners through the Department of Public Works and Infrastructure.

(1)(b) The total amount spent by the Department for all leased buildings in 2023/24 is R343 946 721.37. The amount spent per building is set out in the schedule attached as Annexure A.

The management of all leases is administered entirely by the Department of Public Works & Infrastructure. The Department of Home Affairs is engaged with National Treasury to effect cost savings on the head office building in Pretoria. In this regard, a Public Private Partnership (PPP) has been registered, a suitable site has been identified in the Salvokop precinct (state owned land), and bulk services procured. The feasibility study identified a unitary payment shortfall and the Department is engaging National Treasury with a view to address the shortfall. In addition, the Department registered 15 capital works projects with the Presidential Infrastructure Coordinating Council in 2021. The purpose of this initiative is to construct purpose built Home Affairs offices on state owned land, in partnership with the private sector as part of Government’s capital investment drive.

(2)(a) The detailed list of leased buildings is set out in the schedule attached as Annexure A.

(2)(b) The names of the owners of each building are detailed in the schedule attached as Annexure A.

(2)(c) The amounts paid for each building is detailed in the schedule attached as Annexure A.

END.

Reply:

The Department of Water and Sanitation (DWS) does not have sanitation funding targeting informal settlements. DWS, through its Water Services Infrastructure Grant, addresses sanitation challenges in Local and District Municipalities and not Metropolitan Municipalities. The funding is applied for by municipalities through submission of business plans. It is the municipalities that identify (within the business plans) areas within their demarcations where projects will be implemented.

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Reply:

a)  In instances where water resources infrastructure projects are implemented by external implementing agents, the Implementing Agents (IAs) are required to assess all the key risks associated with the implementation of the projects. This includes the risks of cost overruns and time delays, in accordance with the respective institution’s risk policy framework and the Implementation Agreements entered into between the Department and the IAs.

b) A project risk register is developed for each project under implementation to address all key risks. The Department monitors the project risks on a quarterly basis and mitigation plans are developed and implemented to manage the risks as identified.

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Reply:

The DWS does not award water-tankering contracts to municipalities. Municipalities procure water tankering services through their own procurement processes and budget.

The position of DWS is that water tankering services should only be used for emergencies where water services interruptions are inevitable and where there is water rationing due to unavailable reticulation infrastructure, but only for temporary usage.

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