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10 September 2020 - NW1090

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Kohler-Barnard, Ms D to ask the Minister of Police

1. What(a) number of persons are currently employed in an (i) administrative and (ii) operational capacity in the Crime Intelligence Division of the SA Police Service (SAPS), (b) number of the specified persons have criminal records and (c) are the relevant details of the (i) offence(s) each person was convicted of and (ii) date on which each conviction was made; 2. why are the persons with criminal records employed in the SAPS Crime Intelligence Division?

Reply:

(1)(a)(i) A total number of 1 578 persons are currently employed in an administrative capacity in the Division: Crime Intelligence, of the South African Police Service (SAPS).

(1)(a)(ii) A total number of 5 501 persons are currently employed in an operational capacity in the Division: Crime Intelligence, of the SAPS.

(1)(b)(c)(i)(ii) There is no provision in the Criminal Law Amendment Act, 2010 (Act No. 6 of 2010), that authorises the keeping of a separate fingerprint database for employees of the SAPS, which can be accessed to obtain specified persons (employees) criminal records. Criminal records are identified through fingerprint searches and can be accessed for a criminal investigation or a crime detection. A record of employees in the Crime Intelligence environment, identifying employees with criminal records, is not readily available. In order to establish which employees have criminal records, the fingerprints of 7 079 employees need to be taken and analysed.

The process to identify which members have criminal records is a continuous process. The Division: Crime Intelligence, is currently aware of 27 employees with criminal records.

(2) When a person is employed in the SAPS, including the Division: Crime Intelligence and it is found that the prospective employee has a criminal record, each case is dealt with on its own merits. The National Commissioner may waive the requirement that an employee should not ha\ie a previous criminal conviction, upon his or her appointment. Each individual case is considered, in terms of the nature and gravity of the criminal record. Where an employee was convicted of an offence while in the employ of the SAPS and is sentenced to a term of imprisonment without the option of a fine, he or she will be deemed to have been discharged from the SAPS, with effect from the date following the date of such sentence.

However, if the term of imprisonment is wholly suspended, the member concerned will not be deemed to have been discharged. In the event that the term of imprisonment is wholly suspended or where the employee was sentenced to a term of imprisonment with the option of a fine, he or she will be subjected to the disciplinary process, in terms of the SAPS Discipline Regulations and a Board of Inquiry, will be conducted to determine his or her fitness to remain an employee of the SAPS.

Reply to question 1090 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2020/08/28

Reply to question 1090 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 09/09/2020

10 September 2020 - NW1074

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Abrahams, Ms ALA to ask the Minister of Police

What (a) is the total number of gender-based violence (GBV) cases which has been reported to the SA Police Service since the beginning of the lockdown on 26 March 2020 in each province and (b) number of the specified GBV cases have resulted in the arrest and conviction of the perpetrators in each case?

Reply:

(a) and (b)

The total number of gender-based violence (GBV) cases, which were reported to the South African Police Service (SAPS), since the beginning of the lockdown, on 26 March 2020, in each province and the number of the specified GBV cases, which resulted in the arrest and conviction of the perpetrators in each case, are reflected in the table below:

Province

(a)

Total reported

b

b

   

Total persons charged

Total persons convicted

Eastern Cape

243

488

8

Free State

189

373

18

Gauteng

743

1137

23

KwaZulu-Natal

230

375

4

Limpopo

97

253

31

Mpumalanga

88

151

7

North West

77

140

3

Northern Cape

37

122

1

Western Cape

530

1019

35

Total

2234

4 058

130

 

2

Reply to question 1074 recommended/

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE

Date:

Reply to question 1074 approved

MINISTER OF POLICE
GENERAL BH CELE (MP)

Date: 09/09/2020

10 September 2020 - NW1808

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Sindane, Mr P to ask the Minister of Police

What number of police stations(a) had to be closed since the first reported case of confirmed Covid-19 in the SA Police Service (SAPS), (b) have re-opened and (c) are yet to re-open;

Reply:

(1)(a) As at 6 August 2020, a total of 1 069 police stations have had to close, since the first reported, confirmed COVID-19 case, in the South African Police Service (SAPS).

(1)(b) All 1 069 police stations are fully functional.

(1)(c) A total of 78 police stations were operating in temporary structures. (2)(a) A total number of 2 228 police officers have been quarantined.

(2)(b) The posts occupied by police officers who are in isolation, are not deemed to be vacant and are, therefore, not filled through the permanent appointment of other police officers, in these posts.

The SAPS shift system, which is used for operational members at police stations, makes provision for contingency arrangements to be put in place when a member is not able to report for duty, including during self-isolation. This includes the following:

o Calling up SAPS members, who are on rest days.

2

0 Making use of police reservists.

0 Deployment of SAPS members, who are employed in support functions.

O Deployment of SAPS members, from cluster or district level, to assist on a

temporary basis.

V\/hen police stations or other service points are closed, the members, who were not exposed to the virus and not in self isolation, may be redeployed to assist at an alternative service office or to support operational duties.

Command groups have been established in every province and at national level, to ensure that the provision of policing services continue, despite the impact of the COVID-19 pandemic. In addition, support, in respect of the prevention, management and response to COVID-19 infections in the SAPS, is provided by the COVID-19 Steering Committee, which is chaired at the level of a Deputy National Commissioner and includes all the relevant operational and support disciplines of the SAPS.

The SAPS has appropriate measures in place, at all levels, to ensure that services are rendered. However, it is important to recognise that these conditions do represent unusual challenges to the SAPS, as to all other frontline services. The cooperation and support of communities is valued and appreciated, during this time.

Reply to question 1808 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2020/08/28
Reply to question 1808 approved

GENERAL BH CELE, MP
MINISTER OF POLICE
Date: 09/09/2020

09 September 2020 - NW1763

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Brink, Mr C to ask the Cooperative Governance and Traditional Affairs

.Whether, with reference to the municipalities where the District Development Model (DDM) has been piloted since 2019, a report has been compiled about the successes and failures of the DDM in each specified municipality, if not (a) is a report of this nature in progress and (b) by what date will it be published; if so, what have been the most significant findings about each municipality and the DDM in general? NW2153E

Reply:

Cabinet approved the District Development Model on the 21 August 2019, to be firstly piloted in OR Tambo District Municipality, Ethekwini Metropolitan Municipality and Waterberg District Municipality. The first phase consisted of launches by the President in the following order, 17 September 2019, 18 October 2019 and 26 November 2019.

The establishment phase comprised mainly of five areas of work.

  • The development of profiles for the three pilots,
  • Soliciting government (national, province and local) and parastatal projects, programmes and expenditure in the three pilots,
  • Soliciting private sector investment where possible,
  • Hosting an event where the pilot is launched,
  • Intergovernmental engagement and hosting of business and community engagements;
  • Implementing post launch programmes such as, conducting a skills gap and institutional capacity analysis;

It is therefore still premature to identify successes and failures in the District pilot sites as per the question of the Honourable member.

End.

09 September 2020 - NW1204

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Van Minnen, Ms BM to ask the Minister of Public Enterprises

(1)(a) At what stage are the negotiations with the unions regarding the unbundling of Eskom into three separate subsidiaries, and (b) which unions are involved in the process?(2) How will (a) the outstanding debt of Eskom be accrued to each of the three potential subsidiaries, and (b) Eskom debit to creditors be secured prior to the unbundling process?

Reply:

According to the information received from Eskom:

(1)(a) In terms of the Collective Agreement, Eskom engages with organised labour at various

participative structures. National structures include - Strategic Forum, Central Consultative Forum and Central Bargaining Forum. There are also Group Structures and Business Unit Level. The purpose of these structures is for Eskom to engage (share information, consult and bargain) with organised labour on matters that have direct impact on the employee’s conditions of employment in line with legal prescripts.

Post the publication of the Eskom Roadmap in October 2019, Eskom has had two formal consultative meetings with the leadership of NUM, NUMSA and Solidarity where Eskom shared the Strategic Turnaround Plan and Operating Model, the latter detailing the divisionalisation plans in support of the Eskom Roadmap. The table below lists engagements that have taken place as well as those planned.

Eskom is also party to the NEDLAC process where only NUM is in attendance as prescribed by the NEDLAC regulations.

Consultative Forum

Dates of past meetings

Discussions

Organised labour representation

Planned meetings

Strategic Forum (SF)

26 May 2020

Eskom shared the Eskom Strategic Turnaround Plan and Operating Model.

NUM/NUMSA/Solidarity leadership.

The engagements are targeted at Secretary General level.

26 November 2020

 

21 July 2020

A follow up meeting to engage further on issues tabled at the meeting.

   

Central  Consultative Forum (CCF)

-

The Eskom Turnaround Plan as shared at the Strategic form meetings of 26 May and 21 July.

NUM/NUMSA/Solidarity

The engagements are targeted at local leadership.

The CCF meeting is scheduled to take place on 22 September 2020. With another meeting scheduled for 3 December 2020.

NEDLAC

15 October 2019

4 December 2019

11 February 2020

The Roadmap for Eskom in a reformed electricity supply industry 2019

As per NEDLAC’s prescribed regulations.

Dates and agenda is set by NEDLAC.

(1)(b)The recognised trade unions at Eskom are National Union of Metalworkers of South Africa

(NUMSA), National Union of Mineworkers (NUM) and Solidarity.

(2)(a)In line with the divisionalisation decision, proforma financial statements: income statement

and balance sheet, etc. have been formulated for each of the units to enable proper performance monitoring by the established divisional boards. However, the decision on the group debt remains an outstanding matter and a solution will be finalised before the debt is allocated to each division and prior to attainment of the legal separation.

(2)(b) The decision on a long term solution will include engaging and reaching agreement with

the creditors, after taking into account the regulatory methodology and the profitability of the proposed subsidiaries. It would be premature at this stage to provide a definitive decision on this matter, as the work has not been concluded.

09 September 2020 - NW1412

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Joseph, Mr D to ask the Cooperative Governance and Traditional Affairs

By what date will her department start the process of introducing amending legislation in Parliament to Chapter 12 of the Constitution of the Republic of South Africa, 1996, including subsections (a) (211) (1) and (b) (212)(1) in light of the fact that the President, Mr M C Ramaphosa, signed the Traditional and Khoi-San Leadership Act, Act 3 of 2019, in December 2019? NW1783E

Reply:

 

There has never before been enabling provisions for the statutory recognition of the Khoi- San communities and leaders or for the establishment of Khoi-San structures. It is for this reason that the Traditional and Khoi-San Leadership Act, Act 3 of 2019 (hereinafter referred to as the TKLA) was enacted. The TKLA, amongst others, makes provision for the recognition of Khoi-San communities and leaders, provided they meet the criteria contained in the Act. The Department does not intend to introduce legislation in Parliament amending Chapter 12 of the Constitution. The TKLA contains comprehensive provisions relating to the Khoi-San and it is, in our view, not necessary to amend Chapter 12 of the Constitution.

End.

09 September 2020 - NW1831

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Sonti, Ms NP to ask the Minister of Justice and Correctional Services

What (a) total number of persons defaulted on paying their maintenance orders during the lockdown to curb the spread of Covid-19 and (b) steps has his department taken to ensure that maintenance orders are enforced, even during the lockdown

Reply:

(a)  Thus far 631 cases have been recorded for failure to comply with maintenance orders during the lockdown period, and these are based on requests made at courts by maintenance beneficiaries. These matters have been enrolled for hearing on different trial dates. It should be noted that these are not first or initial applications for maintenance. Only once a maintenance order is not honoured or defaulted upon, does the beneficiary come back to court.

The enforcement of maintenance court orders is provided for in the Maintenance Act, 1998 (Act No 99 of 1998) (“the Act”). In terms of section 26 of the Act, whenever a person against whom a maintenance order has been made fails to make a payment in accordance with the order, the order shall be enforceable by way of execution against property as contemplated in section 28, or by the attachment of any debt as contemplated in section 30. In terms of section 31 of the Act, any person who fails to make a particular payment in accordance with a maintenance order shall be guilty of an offence 

Therefore, the Department of Justice and Constitutional Development only captures information regarding default payments in instances where an application for enforcement of the original court order has been made because of non- compliance with the court order by the defendant.

These 631 cases are therefore not necessarily the total number of defaulters during the lockdown period, as we anticipate that from Alert Level 2, many more maintenance beneficiaries will be approaching the courts to report non-compliance. The statistics thereof will be kept for analysis purposes. Furthermore, given the fact Covid-19 has caused many persons to lose their employment or face reduced incomes, we can anticipate that this will have an effect on default maintenance payments as well.

(b) Courts were sitting on a rotation basis during the different levels of the lockdown. The Department ensured that child maintenance functions were regarded as emergency work/essential services so as to ensure that courts continue to process maintenance complaints and applications. Courts therefore remained operational in respect of maintenance matters, with due adherences to the Covid-19 regulations and prescripts

09 September 2020 - NW1300

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Opperman, Ms G to ask the Minister of Cooperative Governance and Traditional Affairs

On what statutory provisions does she rely when issuing regulations under the Disaster Management Act, Act 57 of 2002, regarded to (a) supersede any other provisions already codified in the Constitution of the Republic of South Africa, 1996, and/or any other existing legislation, including laws that have not been repealed and/or suspended and (b) limit the operation of any provisions already codified in the Constitution and/or any other existing legislation without explicitly making mention of the existing provisions and/or suspending the existing provisions? NW1668E

Reply:

 

(a) and (b) Section 36 of the Constitution states that certain rights in the Bill of Rights may be limited only in terms of a law. In this regard the Disaster Management Act, 2002 prescribes in Section 26(2)(b) that the national executive, in dealing with a national disaster where a state of disaster has been declared by the Minister in terms of Section 27(1), must deal with the disaster in terms of existing legislation and contingency arrangements as augmented by regulations or directives made in terms of Section 27(2) of the Act.

End.

09 September 2020 - NW1592

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Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

Whether she has been informed about the letter that was allegedly written by an official of the National Treasury to the SA Local Government Association (Salga) requesting Salga to apply on behalf of municipalities for exemption from annual salary increases for municipal officials in light of the adverse financial impact of the Covid-19 pandemic; if not, what is the position in this regard; if so, whether (a) a certain person (name furnished) and/or (b) any other employee of her department was copied in the specified letter and/or substantially similar request to Salga; if not, what is the position in this regard; if so, what are the relevant details; what is her department’s position on the National Treasury’s request that Salga applies on behalf of municipalities for exemption from annual salary increases for municipal officials in light of the impact of the Covid-19 pandemic; whether any municipalities have applied to the SA Local Government Bargaining Council for such an exemption; if so, what are the relevant details in each case?

Reply:

 

    1. Yes, the contents of the letter were brought to my attention.
    1. (a) and (b) Yes, the then Acting Director-General of the Department was copied in the letter.
    1. The South African Local Government Association (SALGA) is a registered employer organisation in the bargaining council designated for municipalities in terms of section 30 of the Labour Relations Act, 1995, representing municipalities that are affiliated to it in the South African Local Government Bargaining Council (SALGBC). As regards, the National Treasury’ request for SALGA to apply for exemption of municipal employees from the 2020/21 annual salary increases, the letter conform to the labour laws of the Republic. It is incumbent upon SALGA in its capacity as the employer representative to use its internal protocols to consult with the relevant municipalities or the mandating structures before embarking on the application referred to in National Treasury’ letter.

End.

    1. Clause 11 of the 2018 - 2021 Salary and Wage Collective Agreement concluded on 15 August 2018 read in conjunction with the Constitution of the SALGBC impose an obligation on municipalities applying for exemptions to lodge their applications with the General-Secretary of the Council and to forward copies to the national offices of the Independent Municipal Allied Workers Union (IMATU) and the South African Municipal Workers Union (SAMWU), not the Minister.

09 September 2020 - NW1892

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Mkhaliphi, Ms HO to ask the Minister of Public Enterprises

(1)What qualifications do certain persons (names furnished) hold; (2) whether the qualifications of the specified persons were verified; if not, why not; if so, which institutions were used to verify their qualifications?

Reply:

According to the information received from Eskom

(a) and (b)

The table below captures the details requested for each person.

Title

Initials and surname

Designation

Qualification

Verification by

Mr

A M

de Ruyter

Group Chief Executive

  • Bachelor of Arts in English and Psychology - (University of Pretoria)
  • Bachelor of Civil Law - (University of Pretoria)
  • Bachelor of Law - (University of South Africa)
  • Master of Business Administration - (Nijenrode University - Netherlands)

Lexis RefCheck

Mr

C

Cassim

Chief Financial Officer

  • Bachelor of Commerce - (University of Natal)
  • Honours Bachelor of Accounting Science - (University of South Africa)
  • Masters in Business Leadership – (University of South Africa)
  • Member of the South African Institute of Chartered Accountants

Internal recruitment department - 2006

Title

Initials and surname

Designation

Qualification

Verification by

Mr

J A

Oberholzer

Chief Operating Officer

  • Bachelor’s degree in Electrical Engineering - (University of Pretoria)
  • Master of Business Leadership - (University of South Africa)
  • Executive Leadership Programme - (University of Michigan – USA)
  • Electrical Engineering Certificate of Competency (SA)

Internal recruitment department
Previously employed by Eskom since 1983

Mr

N

Harris

Senior Manager: Information Management

  • Bachelor of Commerce Education - (Rand Afrikaans University)
  • Diploma in Data Metrics - (University of South Africa)
  • Master of Business Leadership – Brunel University, UK – (Henley Management College)

Internal recruitment department.

Previously employed by Eskom since 1982

Mr

R

Vaughan

General Manager: Treasury

  • Bachelor of Commerce – (Rhodes University)
  • Higher Diploma in Accountancy - (Rhodes University)
  • Member of the South African Institute of Chartered Accountants

LexisNexis Risk Management

09 September 2020 - NW1891

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Mkhaliphi, Ms HO to ask the Minister of Public Enterprises

Whether the Chief Executive Officer of Transnet intends to sell the assets of Transnet to the private sector; if not, what is the position in this regard, if so, (a) which assets will be sold, (b) what process is followed to decide which assets should be sold and (c) what are the reasons that Transnet is selling its assets?

Reply:

According to the information received from Transnet

No, Transnet is not planning to sell assets to the private sector. However, it is in the process of considering how its asset base is best positioned to deliver on the requirements of the business. We are however looking for opportunities to partner with the private sector. This is in order to promote economic transformation and to mobilise private sector capital for important projects.

(a) Not applicable

(b) Not applicable

(c) Not applicable

09 September 2020 - NW1311

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Groenewald, Mr IM to ask the Minister of Cooperative Governance and Traditional Affairs

1. Whether, with reference to the negative economic impact of the Covid-19 pandemic on communities at large, her department is considering to (a) implement measures to assist municipal ratepayers and/or recommending any prescripts for municipalities to this effect, (b) review the salary structures of some municipalities with excessively large salary expenditure, (c) abolish superfluous posts and (d) institute retrenchment processes where necessary; 2. whether she will make a statement on the matter?

Reply:

    1. (a) To assist the municipal pandemic response, R11 billion has been added to the local government equitable share. These funds will allow municipalities to maintain existing services despite a temporary decline in revenue collections. They will also cover some additional expenses incurred in responding to the pandemic, including providing temporary shelter for homeless people during the lockdown.

These additions have been factored into the basic services component by increasing the number of poor households by 13.9 per cent and increasing the community services component by 41.5 per cent. The increase in the basic services component amounts to R7.5 billion. As a result, an additional 1.4 million poor households can be provided with free basic services, up from 10.4 million households in the 2020 Budget, if they become indigent as a result of a loss of income during the pandemic. The community services component of the equitable share increases by R3.5 billion. The revenue adjustment factor that is applied to this component of the equitable share formula ensures that this increase will benefit poor and rural municipalities with little capacity to raise own revenue. The total allocation for the community services component increased by 32 per cent. This component funds a range of services that are part of the pandemic response, including municipal health services, and services to cemeteries and crematories. Details about the structure of the components of the local government equitable share formula can be found in Annexure W1 of the 2020 Budget Review.

  1. The department does not have information of municipalities with excessive large salary expenditure.
  2. The department currently does not have information of municipalities with superfluous posts.
  3. Retrenchments are determined by employer.
    1. No.

End.

09 September 2020 - NW1887

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Maotwe, Ms OMC to ask the Minister of Public Enterprises

What are the reasons that a certain person (name furnished) was appointed as the Chairperson of the Eskom Pension Fund when a letter of appointment for the same position was already drafted and sent to another person (name furnished)?

Reply:

According to the information received from Eskom

The term of the Eskom Pension and Provident Fund (EPPF) Board, ofwhich Ms Mantuka Maisela was the Chairperson, expired on 31 May 2020. However, because the governance process was not in place on 31 May 2020 and Eskom did not want to be the cause of a non-constituted Board, which had been a finding of the Financial Sector Conduct Authority (FSCA) against the EPPF previously, Ms Maisela and the other two trustees were appointed to avoid such an occurrence.

The appointment letters were drafted to appoint them for a full term because the rules of the Fund did not provide for temporary appointments, but for replacements, where Eskom had the right to replace an employer board member at any time on reasonable grounds.

In a letter dated 29 May 2020, Ms Maisela was informed that her appointment was subject to the finalisation of the governance process and that it was to be read in conjunction with rule 3.5(1) of the EPPF rules, which provides that an employer board member could be replaced by Eskom at any time on reasonable grounds.

Eskom followed an appointment process for the EPPF Chairperson position with the assistance of an executive search company. Shortlisted candidates were interviewed by an Eskom panel that consisted of the Chief Financial Officer (CFO), Senior Manager Human Resources, and Recruitment Manager, and all internal governance processes were adhered to. Ms Maisela was not part of the process because she was not shortlisted.

In its decision not to extend Ms Maisela’s appointment, Eskom also considered the fact that Ms Maisela had acted in various roles on the EPPF Board since 2004, which made a total of 16 years, for 12 of which she had been appointed by Eskom. This tenure considerably exceeded the recommended period for a non-executive director in terms of governance processes.

Eskom took the above into consideration and decided that it would not be in the interest of good governance for the EPPF and Eskom to reappoint Ms Maisela as the Chairperson of the EPPF Board.

The CFO recommended the successful candidate’s name to the Group Chief Executive (GCE), and the GCE, in consultation with the Chairman of the Board, recommended the appointment to the People and Governance Committee (P&G), a subcommittee of the Board, for approval. The P&G approved the submitted name and recommended approval of the appointment by the Minister. It must be noted that this is merely a formality as the Minister is not involved in the process identifying new members of the Board. There were delays in soliciting the P&G approval due to the lockdown. The P&G recommendation reached the Minister on 15 May 2020.The Minister approved the recommended candidate on 9 June 2020. Eskom appointed the Chairperson with effect from 1 July 2020, and the name was submitted to the EPPF Board for final approval.

The EPPF Board approved the appointment of Ms Caroline Henry on 15 July 2020, and therefore, Eskom did not have authority to extend Ms Maisela’s appointment beyond 30 June 2020.

It should be noted that Ms Maisela was not the only trustee who was replaced in terms of rule 3.5(1) of the EPPF rules on 30 June 2020, as she was replaced along with two other trustees.

08 September 2020 - NW1844

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Mashabela, Ms N to ask the Minister of Basic Education to ask the Minister of Basic Education

Whether her department has employed the services of psychologists to assist teachers and learners who are facing anxieties as a result of being forced back to school, despite fears of the coronavirus; if not, why not; if so, what are the relevant

Reply:

The DBE has partnered with the National Education Collaboration Trust (NECT) and UNICEF to mobilise psychosocial support for learners and educators. In this regard, UNICEF has contracted Childline to provide services to children through their call centre.

Provincial  Education Departments have historically employed psychologists and social workers to support learners and educators. However, there are severe shortages.  

Due to the expected impact of COVID-19 on the mental health of learners and educators, and the limited psychosocial support capacity within the sector, the DBE and PEDs collaborated with the Department of Health (DOH) and the Department of Social Development (DSD) as well as other psychosocial support NGOs and organisations. The DSD has availed social work interns in some Provinces. in addition, Provincial Departments have also increased the number of Learner Support Agents in schools.

07 September 2020 - NW1912

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De Freitas, Mr MS to ask the Minister of Tourism

(1)Whether, with reference to her reply to question 1233 on 28 October 2019, any Memorandum of Understanding (MOU) or Memorandum of Agreement (MOA) has been signed with the relevant authorities in each province in the past three financial years; if so, (2) what are the details of (a) all the persons with whom each specified MOU and MOA was signed respectively and (b) the date on which each MOU and MOA was signed; (3) what are the details of the (a) procedures that have been put in place to ensure that the terms of the memoranda are adhered to and (b) timelines and deadlines that have been set for each memorandum?

Reply:

1. The Department of Tourism has signed Memoranda of Understanding and Agreements (MOU and MOA) with the relevantManagement Authorities of the UNESCO World Heritage Sites in each province, to unlock the potential and competitiveness of tourism in these World Heritage Sites (WHSs). Between 2017/18to 2019/20 financial years the Department has signed MOUs and Agreements with Management Authorities of the following state institutions:Robben Island Museum (WC), Cradle of Humankind (GP), iSimangaliso Wetland Park (KZN), Maloti Drakensberg Transfrontier Park (KZN), Mapungubwe Cultural Landscape (LP), Khomani Cultural Landscape (Kgalagadi Transfrontier Park - NC), Barberton Makhonjwa Mountains(MP), Richtersveld Cultural Landscape (NC), Cape Floral Region (WC & EC) and Vredefort Dome (FS).

(2) The signed MOUs and Agreements clearly outline delegation of authority and powers, roles and responsibilities of each party, governance and institutional arrangements, to support and guide project implementation. The MOUs are signed by the delegated authority in the respective institutions.

(3) (a) and (b) In line with the above response, the signed MOUs and Agreements delineate roles and responsibilities of each party including setting up Project Steering Committees (PSC) to oversee the management of the projects and adherence to contractual obligations including project duration and timeframes for delivery. Most importantly the the PSC provides consistent support and monitor progress throughout the implementation phases of the project/s.

 

07 September 2020 - NW1759

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Hunsinger, Mr CH to ask the Minister of Transport

(1) What (a) are the names of the security companies that the Passenger Rail Agency of South Africa (Prasa) has contracted with in each of the Metrorail corridors per station in each province in the past three financial years and (b) is the (i) start date, (ii) duration and (iii) current status of each specified contract; (2) (a) what number of security staff are employed by Prasa, (b) for what purpose and (c) where have the specified security staff been deployed?

Reply:

(a) (i), (ii) and (iii): See table below.

 

2. (a) The total number of security staff employed by PRASA is 2 420.(b) Seetable link below.

https://pmg.org.za/files/1/RNW1759Table1.pdf 
 

(c) See table linkbelow.

https://pmg.org.za/files/RNW1759Table2.pdf 

07 September 2020 - NW1600

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Winkler, Ms HS to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) animals are listed under Category A, B, and C of the Game Meat Safety Scheme and (b) are the throughput numbers permitted per species under the Game Meat Safety Scheme; (2) with reference to the provision of the Game Meat Safety Scheme which states that Category A game do not apply to slaughter facilities registered under the Scheme except in special cases under a protocol approved by the Professional Employer Organisation, (a) what are the special cases, (b) what is the total number of the special cases and (c) to whom have the special cases been granted? NW1984E

Reply:

(1)(a),(b) There is no Game Meat Safety Scheme that the Department of Agriculture, Land Reform and Rural Development has approved and implemented. Meat safety is regulated under the Meat Safety Act, 2000 (Act No. 40 of 2000) and the only scheme that has been approvedunder the Act is the Meat Inspection Scheme which was approved by the Minister in 2016 and was implemented in 2017.

(2)(a),(b),(c) Falls away.

07 September 2020 - NW567

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Horn, Mr W to ask the Minister of Justice and Correctional Services

What total number of (a) prisoners who have been convicted for (i) housebreaking, (ii) carjacking, (iii) theft of motor vehicles, (iv) house robberies and (v) drug-related crimes have received parole from each parole board in each province in each of the past 10 years, (b) years have the specified prisoners served before being released on parole and (c) the specified parolees (i) had their DNA samples collected before being released on parole and (ii) have become reoffenders?

Reply:

Kindly refer to the attached as Annexure 1.

07 September 2020 - NW1908

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Hunsinger, Mr CH to ask the Minister of Transport

(1)What mechanisms has his department put in place to curb any future disruptions in the road freight sector due to protests arising from unhappiness related to the employment of foreign nationals as truck drivers, as has been seen recently on or about 7 July 2020; (2) what number of (a) South African nationals and (b) foreign nationals are currently employed in the road freight industry in each province?NW2423E

Reply:

1. At national level, the Department of Transport led by the Department of Employment and Labouris a participant in a National Task Team (NTT) and Inter-Ministerial Task Team which have been constituted at address issues related to employment of foreign nationals, legislative and policy review.The NTT has recently been incorporated within the operational structures of the National Joint Operations Centre (NATJOC).In addition to the Department of Employment and Labour, the Department of Transport, the NTT is further made up of the Department of Home Affairs, the Bargaining Council and the SAPS. A comprehensive action plan with time frames and deliverables have been compiled and is currently been monitored at the NATJOC level. At a Provincial level, the Provincial Task Team was constituted to address operational issues within the KZN Province and is led by the office of the Premier of the KZN Province.

2. The information has been sourced from the National Bargaining Council and is listed in Table 1 and 2 below. It must be stated that the numbers below pertains only to those companies which are registered with Bargaining Council and fall within its scope

(a) South African nationals per Province

Province

Number of SA nationals

Gauteng

65952

Kwa Zulu Natal

16098

Western Cape

18768

Northern Cape

1269

Eastern Cape

5959

Northwest

2614

Mpumalanga

7910

Limpopo

1209

Free State

3654

Total

123433

b) Foreign Nationals Per Province

Province

Number of foreign nationals

Gauteng          

4512

Kwa -Zulu Natal                 

1759

Western Cape

1089

Northern Cape

104

Eastern Cape  

164

Northwest     

317

Mpumalanga

845

Limpopo           

108

Free State     

485

Total

9383

07 September 2020 - NW1781

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De Freitas, Mr MS to ask the Minister of Tourism

(a) What total number of meetings has the SA Tourism Board held (i) in each month in each of the past three financial years and (ii) since 1 April 2020, (b) which board members attended meetings in each month respectively, (c) what was the duration of each meeting and (d) what total amount of hours did each member attend each meeting in each specified month?

Reply:

(a) What total number of meetings has the SA Tourism Board held

(i) in each month in each of the past three financial

2017-2018 The SAT Board had in total 5 meetings (Please refer to Page 65 of the 2017-2018 SA Tourism Annual Report for more detail ). Please refer to the following link for electronic copy:https://live.southafrica.net/media/234722/sat-annual-report-final.pdf?downloadId=275971

 

2018-2019The SAT Board had in total 11 meetings (Please refer to Page 86 of the 2018-2019 SA Tourism Annual Report). Please refer to the following link for electronic copy: https://live.southafrica.net/media/276590/sa-tourism-annual-report-v11_web.pdf

2019-2020

Month

(a) Total number of meetings

(b) Which board members attended meetings in each month respectively

(c) Duration of each meeting

(d) What total amount of hours did each member attend each meeting in each specified month

April

Two meetings were scheduled

10 April 2019 (Special Board meeting with Minister)

Attendees (seven members):

Ms. Pamela Yako, Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Mr. Enver Duminy, Ms. Kate Rivett-Carnac, Ms. Nomzamo Bhengu

Apologies (six members) :

Dr. Tanya Abrahamse,Ms.Ms. Lindiwe Sangweni-Siddo, Mr. Mohammed Baba, Mr. David Frost, Ms. Dawn Robertson,Dr. Yacoob Abba Omar

Two hours

The seven board members present attended the full two hours of the board meeting

 

23 April 2019

Attendees (eight members):

Ms. Pamela Yako, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Nomzamo Bhengu, Ms. Ms. Lindiwe Sangweni-Siddo, Mr. Mohammed Baba, Mr. David Frost

Apologies (five members) :

Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Mr. Enver Duminy, Dr. Yacoob Abba Omar, Ms. Dawn Robertson

Four hours

The eight board members present attended the full four hours of the board meeting

May

Two meetings were scheduled

3 May 2019 (Indaba)

Attendees (twelve members):

Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Mr. Thebe Ikalafeng,Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms.Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Mohammed Baba, Mr. David Frost, Dr. Yacoob Abba Omar, Ms. Dawn Robertson

Apologies (one member) :

Mr. Enver Duminy

Two hours

The twelve board members present attended the full two hours of the board meeting

 

30 May 2019

Attendees (nine members):

Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Mr. Thebe Ikalafeng,Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Michelle Constant, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu

Apologies (four members):

Dr. Yacoob Abba Omar, Ms. Dawn Robertson, Mr. Mohammed Baba, Mr. David Frost

Five hours

The nine board members present attended the full five hours of the board meeting

June

One meeting scheduled

26 June 2019 (Special Board meeting with Minister)

Attendees (ten members)

Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Mohammed Baba, Mr. David Frost, Ms. Dawn Robertson

Apologies (three members) :

Mr. Enver Duminy, Ms. Michelle Constant, Dr. Yacoob Abba Omar

Three hours

The ten board members present attended the full three hours of the board meeting

July

Two meetings were scheduled

3 July 2019 (Special Board meeting)

Attendees (eleven members):

Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Thebe Ikalafeng,

Mr. Ravi Nadasen, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, , Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Ms. Dawn Robertson, Mr. Enver Duminy, Dr. Yacoob Abba Omar

Apologies (one member):

Mr. David Frost

Resignation (one member) :

Mr. Mohammed Baba

Five hours

The eleven board members present attended the full five hours of the board meeting

 

30 July 2019 (Special Board meeting)

Attendees (nine members)

Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Dawn Robertson, Mr. Enver Duminy, Dr. Yacoob Abba Omar

Apologies (two members) :

Mr. Thebe Ikalafeng, Ms. Nomzamo Bhengu

Resignation (one member) : Mr. David Frost

Three hours

The nine board members present attended the full three hours of the board meeting

August

One meeting (two-day lekgotla) was scheduled

16-17 August 2019 (Board Lekgotla)

Attendees (twelve members)

Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Dr. Yacoob Abba Omar, Mr. Siyabonga Dube, Ms. Zola Tshefu

Apologies (one member) :

Ms. Dawn Robertson

New Appointments (two members):

Mr. Siyabonga Dube, Ms. Zola Tshefu

Two days

The nine board members present attended the full two days of the board lekgotla

September No meeting held

October

Two meetings were scheduled

4 October 2019

Attendees (ten members)

Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Ms. Dawn Robertson, Mr. Siyabonga Dube, Ms. Ms. Zola Tshefu

Apologies (one member) :

Dr. Yacoob Abba Omar

Resignations (two members):

Ms. Pamela Yako, Dr. Tanya Abrahamse

Five hours

The ten board members present attended the full three hours of the board meeting

 

28 October 2019

Attendees (eleven members)

Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Ms. Dawn Robertson, Dr. Yacoob Abba Omar, Mr. Siyabonga Dube, Ms. Zola Tshefu

Apologies :

None

Five hours

The eleven board members present attended the full five hours of the board meeting

November

One meeting was scheduled

28 November 2019

Attendees (nine members)

Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Mr. Siyabonga Dube, Ms. Zola Tshefu

Apologies (two members) :

Dr. Yacoob Abba Omar, Ms. Dawn Robertson

Five hours

The nine board members present attended the full five hours of the board meeting

December No meeting held

January

One meeting was scheduled

30 January 2020

Attendees (ten members):

Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Mr. Siyabonga Dube, Ms. Zola Tshefu, Ms. Dawn Robertson

Apologies (one member) :

Dr. Yacoob Abba Omar

Six hours

The ten board members present attended the full six hours of the board meeting

February

Four meetings were scheduled

6 February 2020 (Special Board meeting)

Attendees (seven members):

Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Kate Rivett-Carnac, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Mr. Siyabonga Dube, Ms. Dawn Robertson

Apologies (four members):

Dr. Yacoob Abba Omar, Ms. Michelle Constant, Ms. Lindiwe Sangweni-Siddo, Ms. Zola Tshefu

Three hours

The seven board members present attended the full three hours of the board meeting

The seven board members present attended the full six hours of the board meeting

 

18 February 2020 (Board Risk Assessment)

Attendees (seven members):

Mr. Ravi Nadasen, Ms. Kate Rivett-Carnac, Dr. Yacoob Abba OmarMr. Siyabonga Dube, Ms. Michelle Constant, Ms. Lindiwe Sangweni-Siddo, Ms. Zola Tshefu

Apologies (four members):

Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson

Ms. Nomzamo Bhengu

Six hours

 
 

27 February 2020 (Special Board meeting with Minister)

Attendees (four members)

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Ms. Lindiwe Sangweni-Siddo,

Apologies (six members):

Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson

Ms. Nomzamo Bhengu ,Ms. Kate Rivett-Carnac, Dr. Yacoob Abba Omar, Ms. Zola Tshefu

Two hours

The four board members present attended the full two hours of the board meeting

 

28 February 2020 (Special Board)

Attendees (nine members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Nomzamo Bhengu ,Ms. Kate Rivett-Carnac, Ms. Zola Tshefu

Apologies (two members) :

Dr. Yacoob Abba Omar, Ms. Lindiwe Sangweni-Siddo

Four hours

The nine board members present attended the full four hours of the board meeting

March

Two meetings were scheduled

27 March 2020

Attendees (ten members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Dr. Yacoob Abba Omar, Ms.Lindiwe Sangweni-Siddo, Ms. Zola Tshefu

Apologies (one member):

Ms. Nomzamo Bhengu

Three hours

The ten board members present attended the full three hours of the board meeting

 

31 March 2020

Attendees (ten members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Dr. Yacoob Abba Omar, Ms.Lindiwe Sangweni-Siddo, Ms. Zola Tshefu

Apologies (one member):

Ms. Nomzamo Bhengu

One and half hour

The ten board members present attended the full three hours of the board meeting

(ii) And since 1 April 20202020-2021

Month

(a) Total number of meetings

(b) Which board members attended meetings in each month respectively

(c) Duration of each meeting

(d) What total amount of hours did each member attend each meeting in each specified month

April

Six meetings were scheduled

15 April 2020

Attendees (ten members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Dr. Yacoob Abba Omar,Ms. Lindiwe Sangweni-Siddo, Ms. Zola Tshefu

Apologies (one members):

Ms. Nomzamo Bhengu

Twohours

The ten board members present attended the full two hours of the board meeting

 

20 April 2020 (Special Board meeting)

Attendees (ten members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Dr. Yacoob Abba Omar,Ms. Lindiwe Sangweni-Siddo, Ms. Zola Tshefu

Apologies (one member):

Ms. Nomzamo Bhengu

Twohours

The ten board members present attended the full two hours of the board meeting

 

21 April 2020 (Special Board meeting with Minister)

Attendees (eleven members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Dr. Yacoob Abba Omar, Ms. Lindiwe Sangweni-Siddo, Ms. Zola Tshefu, Ms. Nomzamo Bhengu

Apologies :

None

One hour

The eleven board members present attended the full one hour of the board meeting

 

24 April 2020 (Special Board meeting)

Attendees (nine members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac, Ms.Lindiwe Sangweni-Siddo, Ms. Zola Tshefu

Apologies (two members):

Ms. Nomzamo Bhengu, Dr. Yacoob Abba Omar

Two hours

The nine board members present attended the full two hours of the board meeting

 

28 April 2020 (Special Board meeting)

Attendees (seven members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Mr. Thebe Ikalafeng, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo, Ms. Zola Tshefu

Apologies (four members):

Ms. Nomzamo Bhengu, Ms. Michelle Constant, Dr. Yacoob Abba Omar, Mr. Enver Duminy

Two hours

The seven board members present attended the full two hours of the board meeting

 

30 April 2020

Attendees (ten members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Mr. Thebe Ikalafeng,Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo, Ms. Michelle Constant, Dr. Yacoob Abba Omar, Mr. Enver Duminy, Ms. Zola Tshefu

Apologies (one member):

Ms. Nomzamo Bhengu

Six hours

The ten board members present attended the full six hours of the board meeting

May

Five meetings were scheduled

5 May 2020

Attendees (eleven members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Mr. Thebe Ikalafeng,Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo, Mr. Enver Duminy , Ms. Michelle Constant, Ms. Zola Tshefu,Adv. Mojanku Gumbi, Ms. Gloria Serobe

Apologies (one member):

Ms. Nomzamo Bhengu

Resignation:

Dr. Yacoob Abba Omar

New Appointments:

Adv. Mojanku Gumbi and Ms. Gloria Serobe

Onehour

The eleven board members present attended the full one hour of the board meeting

 

7 May 2020

Attendees (ten members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Mr. Thebe Ikalafeng, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms. Lindiwe Sangweni-Siddo, Ms. Michelle Constant, Ms. Zola Tshefu,Adv. Mojanku Gumbi, Ms. Gloria Serobe

Apologies (two members) :

Ms. Nomzamo Bhengu, Mr. Enver Duminy

One hour

The ten board members present attended the full one hour of the board meeting

 

14 May 2020 (Special Board meeting with Minister

Attendees (eleven members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Mr. Thebe Ikalafeng,Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms. Lindiwe Sangweni-Siddo, Ms. Michelle Constant, Mr. Enver Duminy, Adv. Mojanku Gumbi, Ms. Gloria Serobe, Ms. Zola Tshefu

Apologies :

Ms. Nomzamo Bhengu

Twohours

The eleven board members present attended the full two hour of the board meeting

 

18 May 2020 (Special Board meeting)

Attendees (nine members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms. Lindiwe Sangweni-Siddo, Mr. Enver Duminy, Adv. Mojanku Gumbi, Ms. Gloria Serobe, Ms. Zola Tshefu

Apologies (three members):

Ms. Nomzamo Bhengu, Mr. Thebe Ikalafeng, Ms. Michelle Constant

One hour

The nine board members present attended the full one hour of the board meeting

 

27 May 2020 (Special Board meeting)

Attendees (ten members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, ,Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo,Mr. Enver Duminy, Adv. Mojanku Gumbi, Ms. Gloria Serobe, Ms. Zola Tshefu, Mr. Thebe Ikalafeng, Ms. Michelle Constant

Apologies :

Ms. Nomzamo Bhengu

One hour

The ten board members present attended the full one hour of the board meeting

June

One meeting scheduled

26 June 2020 (Board Induction)

Attendees (thirteen members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo,Mr. Enver Duminy, Adv. Mojanku Gumbi, Ms. Gloria Serobe, Ms. Zola Tshefu, Mr. Thebe Ikalafeng, Ms. Michelle Constant,Ms. Nomzamo Bhengu, Mr.Mduduzi Zakwe

Apologies:

None

New Appointment (one member):

Mr. Mduduzi Zakwe

Six hours

The thirteen board members present attended the full six hours of the board meeting

July

Two meetings scheduled

8 July 2020 (Board meeting with Minister)

Attendees (twelve members):

Mr. Siyabonga Dube, Adv. Mojanku Gumbi, Mr. Ravi Nadasen,Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms. Lindiwe Sangweni-Siddo,Mr. Enver Duminy, Ms.Gloria Serobe, Ms. Zola Tshefu, Mr. Thebe Ikalafeng, Ms. Michelle Constant,Mr.Mduduzi Zakwe

Apologies (one members):

Ms. Nomzamo Bhengu

One hour

The twelve board members present attended the full one hour of the board meeting

 

30 July 2020

Attendees (twelve members):

Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo,Mr. Enver Duminy, Adv. Mojanku Gumbi, Ms.Gloria Serobe, Ms. Zola Tshefu, Mr. Thebe Ikalafeng, Ms. Michelle Constant,Mduduzi Zakwe

Apologies (one member):

Ms. Nomzamo Bhengu

Six hours

The twelve board members present attended the full six hours of the board meeting

07 September 2020 - NW1491

Profile picture: Steyn, Ms A

Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What is the current status of employment of certain persons (names furnished) in the National Geomatics and Management Services of her department; (2) Whether the two specified employees faced disciplinary hearings; if not, in each case, why not; if so, what are the relevant details in each case; (3) Whether any of the two employees have been (a) suspended and/or (b) placed on a leave of absence; if so, (i) on what date was each employee suspended and/or placed on a leave of absence, (ii) on what grounds was each employee suspended and/or placed on a leave of absence and (iii) for what period was each employee suspended and/or placed on a leave of absence; (4) whether each employee is still receiving remuneration; if not, why not, in each case; if so, what are the relevant details in each case; (5) whether the two employees are still employed by her department and/or any entity reporting to her; if so, in each case, (a) in which department and/or entity is each person employed and (b) what job title does each person hold?

Reply:

1. The two officials are currently employed in the Department.

2. Yes. The two specified employees are currently facing disciplinary action:

  • Chief Surveyor-General: The allegations relate to irregularities in the handling of Project Vulindlela. The matter was referred to the General Public Service Sector Bargaining Council (GPSSBC) for inquiry by the arbitrator and was set-down more than three times but did not proceed. The Department is awaiting the set-down date from the GPSSBC for the matter to proceed.
  • Chief Director Cadastral Spatial Information: The allegations relate to irregularities in the handling of Project Vulindlela. The matter was referred to the GPSSBC for inquiry by the arbitrator. The Department is awaiting the set-down date from the GPSSBC for the matter to proceed.

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

Name

a) Suspended

(Yes/No)

b) Leave of Absence

(Yes/No)

(a)(i) Date of suspension

(a)(ii) Reasons for the suspension (type of misconduct)

(a)(iii) Duration of suspension

Chief Surveyor-General

Yes

No

11 May 2017

Possible interference

(irregularities in the handling of project)

38 months

(Commenced 11 May 2017 and still on suspension)

Chief Director Cadastral

Spatial Information

Yes

No

10 May 2017

Possible interference

(irregularities in the handling of project)

38 months

(Commenced 10 May 2017 and uplifted on 4 November 2019)

4. Yes. Please refer to the table below.

Name

Suspension with pay

(Yes/No)

Cost of suspension

Chief Surveyor-General

Yes

R2 693 663.7

Chief Director Cadastral Spatial Information

Yes

R1 217 265.70

5. Yes.

a) The two employees are still employed by the Department in the Branch: National Geomatics and Management Services.

b) The employees hold the posts of Chief Surveyor-General and of Chief Director: Cadastral Spatial Information respectively.

07 September 2020 - NW1282

Profile picture: Steyn, Ms A

Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) total number of (i) judgments and (ii) court orders were made against (aa) her and (bb) her predecessors (aaa) in each of the past three financial years and (bbb) since 1 April 2020, (b) total number of the specified judgments and court orders (i) have been implemented and (ii) await implementation by her department and (c) are the details of each judgment and court order?

Reply:

(a)(i),(ii),(aa),(bb), (aaa): 2017-2018

  • Minister AT Didiza (MP): 0
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 30

 

(aaa): 2018-2019

  • Minister AT Didiza (MP): 0
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 17

 

(aaa): 2019-2020

  • Minister AT Didiza (MP): 11
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 0

 

(bbb): Since 1 April 2020

  • Minister AT Didiza (MP): 1
  • Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 0

 

b) Total number of the specified judgments and court orders59:

  1. Implemented: 39
  2. Await implementation: 20

(c) Please refer to Annexure A.

 

ANNEXURE A OF NA-QUES 1282 OF 2020

 

MINISTEROF RURAL DEVELOPMENT AND LAND REFORM:2017/2018

No

Case details

(i) (aa)Status of implementation

(ii)(aa)Nature of court order

(ii)(bb)Nature of judgement

1

Zuiping-Dithabaneng Community Traditional Council // Minister of DRDLR,Title Adjustment Commissioner & Others

The designation of land and appointment of a Commissioner in terms of Act 111 of 1993 has been done and he is conducting a land rights enquiry in accordance with the Act.

The applicant required the appointment of the Commissioner in terms of Act 111 of 1993

On 26 February 2018, the Land Claims Court ordered that the Minister (3rd Respondent) is directed to appoint a Title Adjustment Commissioner in terms of section 3 of the Land Titles Adjustment Act 111 of 1993.

2

M. M. Rahube // Minister of Drdlr, H. Rahube & Others

The Upgrading of Land Tenure Amendment Bill was introduced to Parliament on 6 May 2020. Parliament has until 30 April 2021 to enact the amendments.

On 30 October 2018 he Constitutional Court ordered Parliament to introduce a procedure for the determination of the rights of ownership and occupation of land to cure the constitutional invalidity of section 2 (1) of the Upgrading of Land Tenure Rights Act 112 of 1991. Parliament was given until 30 April 2020.

Subsequent to the 2018 order, the Minister of Agriculture, Land Reform and Rural Development applied for and was granted an extension of the suspension of the Constitutional Court’s declaration of invalidity for a further twelve months until 30 April 2021.

The Court ordered the amendment of Upgrading of Land Tenure Rights Act 112 of 1991.

3

Felicity Audrey Stirling // Minister of Drdlr, The Registrar of Deeds: Pretoria

Orders complied with.

Full amount paid by the Branch Deeds Registration, of which an attempt will be made to recover 50% from the third respondent.

State Attorney requested to initiate recovery proceedings against third Respondent.

The Applicant was fraudulently deprived of her fixed property and brought an application for the cancellation of the fraudulent transfers, which was duly granted.

The Registrar of Deeds was found to be negligent in its transfer of the property and was ordered, jointly and severally with the third Respondent to pay the First Respondent R3 830 397.58 together with interest in lieu of damages and legal costs.

4

The Forum of Concerned Residents of the Naledi & Dr Ruth S Mompati Districts

// The Minister of Rural Development and Land Reform.

Subsequent to the settlement agreement reached by the parties, the Branch Deeds Registration embarked on a project to develop the Electronic Deeds Registration System, during which public consultation was undertaken.

Once the EDRS is ready to be implemented, the status quo in the Vryburg deeds registry can change.

Simultaneously, the Branch Deeds Registration intends opposing Part B of the application (to review and set aside the Minister’s decision to transfer the land parcels from Vryburg to Kimberley, to reduce the jurisdiction of the Vryburg deeds registry and to establish a deeds registry in Mahikeng).

Part B still pending.

As part of the alignment of the jurisdiction of deeds registries in South Africa, the Minister intended to transfer land parcels from the Vryburg deeds registry to the Kimberley deeds registry, as they are situated in the Northern Cape Province. The Applicants brought an urgent application on interdicting the Minister from transferring the property (Part A) and that Minister’s decision to transfer the afore-mentioned properties be reviewed and set aside.

The orders in respect of 1 and 2 above will remain in force pending the outcome of Part B of the Notice of Motion under the above case number.

The costs relating to Part A of the Notice of Motion are reserved for adjudication when Part B of the Notice of Motion is heard.

The parties agreed on the following settlement order:

That the status quo of the Vryburg deeds registry is to remain unchanged until such time as the electronic deeds registration system is ready to be implemented.

That sufficient public participation processes will precede the envisaged implementation of the electronic deeds registration system.

5

G Herbert No and 4 others vMinister of Rural Development and Land Reform and others

A wholistic amendment of the Upgrading of Land Tenure Rights 112 of 1991 will be undertaken in due course.

Legislation declared inconsistent with the Constitution of the Republic of South Africa: - Legislation: Land Affairs General Amendment Act 61 of 1998 read with s25 A of the Upgrading of Land Tenure Rights 112 of 1991

The Court ordered that section 25A is unconstitutional in so far as it does not extend the application of section 3 of the Act to the entire Republic.

The court ordered that section 25A from 22 August 2019 must be read as if it makes no reference to section 3 of the Act.

6

Hlalefo S Moshoeshoe v Minister of Rural Development and Land Reform and others

Conveyancers have been instructed and are currently busy with the transfer of the property

Transfer of property, as described, into the name of the Applicant and is responsible for all the fees and transfer costs and duties as may be applicable.

The court ordered the transfer of the property to the Applicant.

7

Patrick s Mpaka v KSD Municipality &Minister of Police &Minister of DRDLR

Not applicable

The Municipality sought to use a court order which was obtained in 2011 to effect evictions to illegal occupations which happened in 2017. The 2017 illegal occupants applied for an interdict in that the 2011 order did not apply to them.

Interdict was granted.

8

Alfred Shongwe / The Minister of Rural Development and Land Reform & Others

The Applicant has been relocated to portion 3 of the farm Vaalpoort, temporary houses were constructed for the family. The Department is in the process of transferring the subdivided portion of the farm to the Shongwe family

Mr Shongwe approached the Court for a declaratory order as a Labour Tenant and for the Department to provide him with a suitable accommodation.

Mr Shongwe was declared a Labour tenant and the Department was ordered to assist him in looking for, identifying and acquiring suitable land for him.

9

Mzayifane Hadebe & Others /Minister of RDLR & Others

The gravel road leading to the Hadebe settlement has been completed. Nine houses were about to be completed as the country went into lockdown. The fencing of the 250 hectares of land awarded to the Hadebes, preparation of arable and the transfer of land to them is ongoing.

Mr Hadebe approached the Court for an order to compel the Department to build his family a house, construct the road leading to his homestead and also for the Department to register a Communal Property Association for the benefit of his family.

The Court granted the prayers as requested by Mr Hadebe..

10

Asla Construction (Pty) Ltd Vs the Minister Of Rural Development And Land Reform & Exeo Khokela Civil Engineering Construction (Pty) Ltd.

The court order was implemented as directed and the tender was awarded to ASLA (Pty) Ltd.

This was an application for the review of the award of a tender in terms of the Promotion of Administrative Justice Act 3 of 2000 (PAJA)

The decision of the Department taken on or about 13/02/2018 to disqualify ASLA Pty. Ltd. and award the tender to EXEO KHOKELA (Pty) Ltd was reviewed and set aside. The Department was directed to award the tender to ASLA (Pty) Ltd within 30 days of the date of the order.

11

Minister of Rural Development and Land Reform v Public Servants Association obo JA George & others

Implemented.

Employees referred a dispute regarding their placement in terms of the Occupation Specific Dispensation to arbitration. Award was in their favour. Department took award on review. Department’s review application was dismissed, and arbitration award was implemented

Department’s review application was dismissed, with costs.

MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES:2017/2018

12

ALCARI 406 CC vs The Minister and others

Implemented

This was an application to compel the Minister to finalise the Appeal on a subdivision of land matter.

The Court ordered the Minister to finalize the Appeal.

13

Zonnebloem Coal vs The Minister

Implemented

This was an application to compel the Minister to finalise the Appeal on a subdivision of land matter.

The Court ordered the Minister to finalize the Appeal.

14

Meister Cold Store (Pty) Ltd // The Minister

Implemented

This was an application to compel the Minister to take a decision on an application for certification of a cold storage.

Court ordered the Minister to take a decision on the Applicant’s application for certification of its cold storage.

15

B & B Properties (Pty) Ltd & others vs the Minister, Dr Mcdonald Gayakaya

Implemented

This was an application to review and set aside the decision of the Director: Animal Health to test the Buffalos.

The decision of the Director was reviewed and set aside.

16

Oluf Hendrik Erichsen N.O vs The Minister

Implemented

This was an application to compel the Minister to take a decision on application for export certification.

The Minister finalised the matter by granting the certificate.

17

Eurosemillas S.A vs The Minister

Implemented

This was an application to compel the Minister to instruct the Department to appoint a service provider who had been successful in the quote process.

The Applicant succeeded, and the Minister was ordered to instruct the department accordingly.

18

Viking vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside

19

Hackey vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside

20

Boloko vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside

21

Lofty Du Bruyn N.O vs The Minister

Implemented

This was an application to compel the Minister to register a right of way over the farm.

The application was granted, and the Minister approved the registration of the servitude.

22

Nanaga Property vs The Minister

Implemented

This was an application to review and set aside the decision of delegated authority to remove 10 Milkwood trees.

The decision of the Minister was reviewed and set aside.

23

Xhalibile Kleinbooi Phindiso vs The Minister and others

Implemented

This was an application to compel the Minister to sell specified land to the Applicant and others.

The Court ordered the Minister to sell the land to the Applicant.

24

South African Veterinary Association vs Minister of Agriculture, the Speaker of the National Assembly and others

Implemented

This was an application to declare the amendment of the Medicine and related substances control act, 1995 (Act No.101 of 1995) unconstitutional.

The Amendment was declared unconstitutional.

25

Federated Meats (Pty) Ltd vs The Minister

Implemented

This was an application of semi-urgency requesting an order to declare that the Applicant is entitled to use any approved laboratory to meet the statutory and the regulatory obligation for the testing of imported meat.

The Court ordered that the Applicant can use any approved Laboratory.

26

Sofiline (Pty) Ltd vs The Minister.

Implemented

This was an application to review and set aside the decision of the Minister not to grant approval for the subdivision of agricultural land.

The Court ordered the Minister to grant the application for subdivision of land.

27

HL Hall & Sons Properties vs The Minister.

Implemented

This was an application to review and set aside the decision of the Minister.

The decision referred was back to the Minister for reconsideration.

28

TD Mashinini vs The Minister and others.

Implemented

The Applicant made an application to Court for an order to compel the Minister to transfer specified property to him.

The parties’ agreement for the transfer of the farm to the Applicant was made the order of the Court.

29

Maxrae Estates vs The Minister

Implemented

This was an application to compel the Minister to take a decision on the Appeal lodged for the subdivision of agricultural land.

The Court ordered the Minister to take a decision within sixty days (60).

30

Petrus Laubscher Coetzee & Others vs the Minister & Others

Implemented

This was an application to compel the Minister to transfer three portions of agricultural land into the names of the Applicants.

The Court ordered the Minister to transfer the three portions of land to the Applicants.

MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: 2018/2019

No

Case details

(i) (aa)Status of implementation

(ii)(aa)Nature of court order

(ii)(bb)Nature of judgement

31

Bakgatla Ba Kgafela Communal Property Association // Minister of Drdlr

The implementation of the court order has been finalized.

The applicants were seeking an order that the DG assist them with the holding of the general meeting and the election of the new executive committee of the CPA.

The court ordered that the DG should take all necessary steps to assist the CPA to hold the Annual General Meeting and monitor the election of the new executive committee. The CPA appealed the judgment at the constitutional court. The constitutional court dismissed the appeal.

32

B Mwelase vs DG and Minister

The Special Master was appointed on 10 December 2019. On 29 May 2020, the Special Master submitted an implementation plan to the Land Claims Court and such a Plan is still being considered by the Land Claims Court.

The Mwelase matter comprised of two applications. The first application sought an order to compel the Director General to refer to the Land Claims Court 4 labour tenant applications; and the second application was a class action seeking an order to compel the Department to process labour tenant applications under the supervision of a Special Master.

The 4 labour tenant applications were referred to the Land Claims Court by the Director General in November 2013.

On the 8th December 2016, the Land Claims Court granted an order against the Department, a special master was appointed by the court to oversee compliance with Labour tenants Act by the Department. The Department lodged an application for leave to appeal with the Land Claims Court and such was granted on the 1st March 2017. The appeal was heard by the SCA on 13 March 2018 and the appeal was decided in favour of the Department on 17 August 2018. AFRA appealed to the Constitutional Court and on 20 August 2019, the court issued a judgment which re-instated the initial order of the Land Claims Court dated 8th December 2016.

33

Nieuco properties 1005 (Pty) Ltd// Minister of Drdlr

Nieuco Properties must still refer the case to the North Gauteng High Court for the determination of the quantum.

Veld fire claim instituted against the Department in terms of the National Veld and Forest Fire Act, Act 101 of 1998 where a private farm was damaged by veld fires that started on a state-owned farm.

The case was initially decided in favour of the Department by the North Gauteng High Court however, Nieuco Properties lodged an appeal which was heard by the SCA on 31 August 2018 and judgment delivered in favour of Nieuco Properties on 21 September 2018.

34

JM Tshabalala vs Minister & others

The property was transferred into the name of the beneficiary on 20 March 2020.

The applicants were seeking an order that the Minister and DG should acquire land on behalf of labour tenants and a just and equitable compensation to be paid to the landowner.

The Land surveyor appointed by the Department was to conduct an inspection in loco to ascertain the correctness of the fencing around the portion to be acquired; the conveyancers appointed were to proceed with the transfer of the portion upon receipt of guarantees from the Department.

35

Pretoria Attorneys Association & 12 others //

The Minister of Rural Development and Land Reform & 4 others

The Branch duly complied with the settlement agreement.

Minister subsequently halted / terminated this process, following a legal opinion to the effect that the process followed may have been flawed.

Minister instructed that the re-alignment process be re-initiated, in accordance with all applicable legal strictures (including the provisions of PAJA).

The Minister, through a Public Notice expressed his intention to align the jurisdiction of the Deeds registries in the Gauteng province (Johannesburg and Pretoria) according to metropolitan municipal boundaries.

The Applicants objected thereto, stating that the Minister failed to conduct a public consultation process as enjoined by PAJA and prayed that the Minister be interdicted from implementing the decision to align the areas of jurisdiction of the afore-mentioned deeds registries.

The parties agreed that the Minister will not proceed with the alignment initiative in the Gauteng province until the Minister takes the decision to align the deeds registries in Gauteng in accordance with the prescripts of PAJA.

36

Neels van Tonder Trust vs Minister of Drdlr, Mogabule (LCC04/2018)

Not applicable. It was found that Mr Magabole already had alternative accommodation.

The applicant Mr. Van Tonder applied for eviction order against Mr. Magabole and his family.

Eviction Order was made on 28/05/2018. The Department was ordered to provide alternative accommodation to Mr. Mogabodi in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

37

Roodepoort Grondeienaarsvereeniging vs Minister of Drdlr, Roodepoort 63 Community (642/17 and 643/17)

The Department is in the process of complying with the court order in consultation with the City of Tshwane.

The applicant Rooderpoort Grondeinaarsvereening applied for an order to compel the City of Tshwane to evict the occupiers who has established a squatter camp in the City property which is adjacent to the applicant’s properties.

The High Court Granted the Order but the respondents took the matter on appeal and the decision of the High Court was overturned.

On appeal Decision, the Supreme Court ordered the Minister to prepare and file a report with the High Court on the Department`s ability to provide the alternative accommodation as provided for in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

The Department was ordered to submit a report to the High Court on its ability to provide alternative accommodation as per its mandate in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

38

Hlaniki Trust vs Minister of Drdlr, Daniel Sibanyoni (LCC59/2018)

The Department complied with the court order.

Hlaniki Trust applied for an eviction order against Mr. Sibanyoni who is an occupier.

During the Preceding the Land Claims Court issued a directive order, ordering the Minister to submit a report on the Department’s ability to provide alternative accommodation in case of eviction.

Department was ordered to submit a report on ability to provide alternative accommodation in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

39

Hupp Properties vs Moneni (308/2017)// Minister of Drdlr & others

The matter was heard, and eviction granted. Mr Moneni moved into his RDP house.

Hupp Properties applied for the eviction of the occupier Mr. Moneni and his family.

The eviction order was granted against Mr Moneni and his family and the Minister was ordered to provide alternative accommodation for Mr. Moneni in terms of section 4 of the Extension of Security of Tenure Act (ESTA).

40

Land and Agricultural Bank

V Cpad Holdings Pty Ltd, Alfred Mde, Minister of Drdlr and 4 Others

The Department has appointed a valuer to determine the value of the property so that it can satisfy the debt to Land Bank whilst retaining the property for purposes of Land Reform.

The Land Bank approached the court to vary a Forfeiture Order, which sought to transfer the property to the Department. This order was to include the protection of their interests as bondholders.

The court granted the inclusion of the protection of the interests of the bondholders in the Forfeiture Order.

41

Anjucel & Another v Minister of Drdlr, Shadrack Bhekanini Ntshingila NO & others (Case no LCC 25/2019)

The Province is implementing the order. Approval for the acquisition of land in favour of the affected labour tenants is underway. A deed of sale has been signed and registration and transfer is due to occur soon.

The order is being observed in its entirety.

Draft order made an order of court.

Sharack Bhekanini (2nd resp) awarded a piece of farm Bloemhoek and registered in deeds office;

42

Makgari CPA vs Minister of Drdlr, case number 5158/2018

Implementation is in progress

Matter received on 31 August 2018. Applicant, Makgari approached court, for the court to give a mandatory order directing the Department and Minister to register the applicant's CPA within 45 court days of the granting of the order.

The Minister was ordered to register the CPA within 45 days of granting the court order.

Further to effect a Title Deed rectification to reflect the CPA as the owner of the farm registered as “The Farm Louissenthal 366, Registration Division Mr, Limpopo Province, 2346, 5022 Hectares” within 14 days of the registration of the constitution of Makgari Communal Property Association

43

M D Rakgase vs Minister of DRDLR case number 33497/2018

The land was sold to Mr Rakgase and transfer is under way.

Matter received on 13 June 2018. Mr Rakgase applied to the High Court to review the Minister's decision of refusing to sell to him Portions 0 (remaining extent and 1 of the Farm Nooitgedacht 11 JQ

The Minister was ordered to sell and transfer the farm to Mr Rakgase.

44

JC Prinsloo / The Minister of DRDLR & Others LCC 177/16

The farm was acquired and is currently registered in the name of the State.

State ordered to acquire portion 27 of the farm Welgekozen

Default judgment was obtained against the Minister

MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: 2018/2019

45

Willjaro vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of an agreement entered into. To process confiscated abalone on behalf of DAFF

The agreement between The Minister and Willjaro was reviewed and set aside

46

Visko vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl sector

The decision of the Minister to allocate rights in the Hake Inshore Trawl sector was reviewed and set aside.

47

WWF vs Minister of Agriculture, Forestry and Fisheries

Implemented

Review and setting aside of the decision of the Delegated Authority in terms of Section 14 of the MLRA to increase the allowable Total Allowable Catch (TAC) in the West Coast Rock Lobster sector

The decision of the delegated authority in terms of section 14 of the MLRA to increase the allowable Total Allowance Catch in the West Coast Rock Lobster sector was reviewed and set aside.

MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT: 2019/2020

No.

(b) Case details

(i),(ii)Status of implementation

  1. Nature of court order
  1. Nature of judgement

48

Ga-Segonyana Local Municipality vs Minister of DRDLR

Payment made by the Department

A claim for outstanding property rates and taxes in the amount of R4 073 621.00.

A default judgment obtained against the Department.

49

Excellent Meat International Trading vs The Minister and Others

Implemented

This was an application to review and set aside the decision of the Minister not to accept the Applicant’s consignment as being compliant with the permit condition contained in the permit.

The court reviewed and set aside the Minister’s decision.

50

Red Meat Industry Forum vs The Minister and Others

Implemented

This was an application to review and set aside the Minister’s decision to impose new tariffs, rates and scale for services, goods and supplies provided by the Department. The Department did not notify the industry of the new tariffs regarding importing and exporting of meat.

The Court reviewed and set aside the Minister’s decision.

51

PVM Nutritional Sciences vs The Minister.

Implemented

This was an application to compel the Minister to issue an export permit for goods sent to the United States of America and kept at the port of entry due to the fact that the Applicant did not have an export permit.

The Court ordered that the Applicant need not to register as a dairy export facility and need not comply with the standards of the VPN 20/2010-01.

52

PJ van der Walt N.O vs The Minister and Others.

Awaiting implementation. The Minister is reconsidering the matter.

This was an application to review and set aside the decision of the Minister to uphold the decision of the Delegate of the Minister not to grant consent to subdivide agricultural land. The Court ordered that the decision of the Minister be reviewed and set aside for reconsideration by the Minister.

The Court ordered that the decision of the Minister be reviewed and set aside for reconsideration by the Minister.

53

Barnabus Xulu Incorporated Attorneys (BXI) vs The Minister and the Director General

On Appeal

BXI attached the bank accounts of the Department on the basis that the Departmentallegedly entered into a settlement agreement with BXI for the payment of monies due for services rendered.The settlement agreement entered into. and

The invoices raised against the Department were successfully challenged and judgment was granted in favour of the Minister / Department. However, BXI is appealing the judgment.

54

Baron vs Minister of Agriculture, Forestry and Fisheries

Implemented

Unfair dismissal as contemplated in terms of section 186(1)(b)(i) of the LRA. The Labour Appeal Court dismissed the Department’s appeal and upheld the Labour

Court’s order for the reinstatement of Mr. Barron into the three-year contract post as Programmer Manager for the Working for Fisheries Programme.

55

Scott Russel vs Minister of Agriculture, Forestry and Fisheries

Matter is subject to application for leave to appeal.

Review and setting aside of the decision of the Minister to allocate rights in the West Coast Rock Lobster sector.

An application for leave to appeal was granted

An application for leave to appeal was granted

56

Seavuna vs Minister of Agriculture, Forestry and Fisheries

In the process of being implemented

Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector.

Minister is in the process of appointing an Appeals Advisory Team

57

Cyril Burrel vs Minister of Agriculture, Forestry and Fisheries

In the process of being implemented

Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector.

Minister is in the process of appointing an Appeals Advisory Team

58

Interfish vs Minister of Agriculture, Forestry and Fisheries

In the process of being implemented

Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector.

Minister is in the process of appointing an Appeals Advisory Team

MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT: SINCE APRIL 2020

 

(b) Case details

(i),(ii) Status of implementation

(c)Nature of court order

(c)Nature of judgement

59

Schmidtsdrift CPA v Minister of DRDLR

To be implemented as Judgment issued on 12/06/2020

The Department ordered to hold the AGM for the purposes of electing a new committee for the CPA.

The CPA sought an interdict to prohibit the Department from facilitating an AGM.

07 September 2020 - NW2029

Profile picture: Bozzoli, Prof B

Bozzoli, Prof B to ask the Minister of Higher Education, Science and Technology

(1)(a) Who is the information, communications and technology (ICT) service provider to the Department of Science and Innovation, (b) why is the specified department’s homepage of such poor quality and (c) why is it more offline than online;

Reply:

1.a)  There is no one service provider contracted by the department for ICT services. Suppliers are contracted as an when required for goods and services through SITA and Supply Chain Management process.

b) The Department of Science and Innovation (DSI) complies with the GCIS Policy Guidelines for South African Government websites. The guidelines require that all government websites look uniform and that webmasters follow best practices in terms of the website information architecture, that refers to composition of structure, functions and website navigation. The DSI website conforms, in that the home page can be differentiated from other pages in the website. It is organised, displays options and gives a clear overview of what information is available on the website.

The link to the guidelines are below: https://www.gcis.gov.za/sites/default/files/docs/resourcecentre/guidelines/Government_%20website_guidelines_version1_final121015_layout.pdf

The user interface needed improvements and the Content Management System was out of date and vulnerable to hacks. As a result, the website was re-designed and the new DST website was presented to OPCO, thereafter it was presented at the EXCO meeting of 20th February 2017. Thereafter, EXCO has approved rollout of the new website.

c) The website has been down due to the following reasons:

  1. In the last five years, the website has been down only once (1) for two (2) days due to maintenance problems that needed specialist support in order to resolve.
  2. The only other time when the website was down is when there are problems on the SITA side since the website depends on the SITA infrastructure. In this case, the downtime has been shorter than a day, limited by the resolution by SITA.
  3. From the above, it is evident that the website has been up more often up than down.

2. Yes, a breakdown of the history (over the last three years – 2017/18 to 2019/20) of the department’s main ICT contractors and their service level agreements are as follows:

Other relevant details are as follows:

i) The DSI procures goods and services using the departmental SCM procurement processes and also complies with the SITA Act and Regulations for the procurement of IT goods and services.

ii) For the SITA mandated services, the SLA is entered into between the DSI and SITA.

iii) Service level agreements (SLAs) are entered into between the DSI and respective service providers.

SLAs are annually reviewed by the Auditor General to ensure compliance with the required prescripts.

07 September 2020 - NW1740

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

What number of (a) claims were received by the Road Accident Fund in the past three years and (b) the specified claims (i) were challenged and (ii) went to trial?

Reply:

The Road Accident Fund (RAF) (a) received 297,610claims[1] in the past three years and (b) (i) 151,530of the claims received were, or are, challenged[2] and (ii) 45,075of the challenged claims were settled by way of a court order[3], of which the exact number of the matters which went on trial could not be ascertained at the time of this response[4].

However, it is important to mention that a study conducted by Professor Hennie Klopperon the RAF mattersset down on the court roll in the Gauteng Division of the High Court, Pretoria revealed that 99.56 % of the matters are settled at the doorstep of court and less than 1% (0.45%) proceed to trial. This study was done in the Pretoria High Court which has the highest number of litigated matters countrywide. Although the research focused on Pretoria, the RAFs observation is that this is reflective of the general trend in all the courts in SA. RAF matters gets settled by both parties and the settlement agreements are then made orders of court. We attached herewith for ease of reference the article by Prof Klopper[5]

  1. This number includes personal claims, but excludes supplier claims.

  2. Summons was served on the RAF in these matters.

  3. This number is inclusive of settlements made an order of court and judgments by the court.

  4. The RAF’s claim system does not have an indicator that allows for the identification of claims that went on trial and where judgment was delivered by the court.

  5. Prof Hennie Klopper is an Emeritus Professor in the Department of Private Law at University of Pretoria and a legal practitioner at HB Klopper Attorney in Pretoria

07 September 2020 - NW1906

Profile picture: Bozzoli, Prof B

Bozzoli, Prof B to ask the Minister of Higher Education, Science and Technology

(a) Which learning and other programmes currently funded by (i) sector education and training authorities and/or (ii) the National Skills Fund will be negatively affected by a loss in funding in the adjusted budget, (b) what number of (i) students and (ii) service providers are likely to be affected by the budget cuts and (c) what has he found to be the likelihood of the specified service providers going out of business due to the budget cuts?

Reply:

Reply is attached.

07 September 2020 - NW2052

Profile picture: Mphithi, Mr L

Mphithi, Mr L to ask the Minister in The Presidency for Women, Youth and Persons with Disabilities

Whether any (a) internal and/or (b) external forensic reports pertaining to the National Youth Development Agency have been completed from 1 January 2009 up to the latest specified date for which information is available; if not, in each case, why not; if so, what is the (i) name, (ii) subject matter and (iii) date of conclusion of each of the specified forensic reports?

Reply:

Below is a comprehensive listing of all forensic reports undertaken by the National Youth Development Agency for the periods requested including their name, subject matter and conclusion. There is no current outstanding forensic report.

Consolidated list Internal & External Forensic Reports 01-01-2009 to 28-08-2020

  1. Financial Year ended 2010 - Investigation by the Public Protector to probe whether the hosting of the World festival of Youth and Students held in December 2010 was within the NYDA’s mandate, if the allocated funds were not misappropriated and whether the relevant supply chain management prescripts were followed. The investigation continued during this financial year. The initial scope of this investigation has been extended during the prior financial year to include queries regarding salary structures and travel and subsistence allowances as well as the execution of the legislative mandate by the NYDA, including objectives, duties and functions. At the time of issuing the audit report, a final report had not been released by the Public Protector.

To date, no final report was issued by the Public Protector.

SCHEDULE OF FORENSIC ASSIGNMENTS CONDCUTED BY EXTERNAL PROVIDER SEP 2013 TO SEP 2015-16

NO

DATE

SOURCE

BRIEF DESCRIPTION OF TIP -OFF

STATUS

AUDIT COMMITTEE STATUS

       

1

11/10/2013

DELOITTES TIP OFF

EM: ECONOMIC DEVELOPMENT MOONLIGHTING DURING OFFICE HOURS

REPORT ISSUED

REPORT TABLED/APPROVED. THE REPORT RECOMMENDED DISCIPLINARY ACTION AGAINST EMPLOYEE – EMPLOYEE RESIGNED NO DISCIPLINARY ACTION TAKEN

       
                   
 

SUMMARY SCHEDULE OF ALLEGATIONS OTHER THEN TIP- OFF REPORTS RECEIVED

         
                   

NO

DATE

SOURCE

BRIEF DESCRIPTION OF TIP -OFF

STATUS

DECISION /SANCTION APPLIED

       

1

26/12/2012

NEWSPAPER ARTICLE

MISUSE OF NYDA FUNDS FOR YOUTH DAY CELEBRATIONS HELD IN JUNE 2012

REPORT ISSUED

REPORT CONCLUDED THAT NOT ALL ALLEGATIONS ARE SUBSTANTIATED – RECOMMENDED THAT IMPROVEMENT IN INTERNAL CONTROLS AROUND S&T - IMPLEMENTED BY MANAGEMENT

       

2

22/07/2013

EAST LONDON BRANCH

FRAUDULENT GROUP LOANS

REPORT ISSUED

REPORT CONCLUDED THAT DISPLINARY ACTION IS TAKEN AGAINST OFFENDING EMPLOYEE – ACTION TAKEN AND EMPLOYEE SANCTIONED AS PER APPROVED DISCIPLINARY PROCEDURE –ALSO IMPROVEMENT IN THE MONITORING OF THE LOANS – CONTROLS INSTITUTED IN THIS REGARD – LEGAL ACTION TAKEN AGAINST TWO PERSONS WHO RECEIVED FRAUDULENT LOANS

       

3

03/10/2013

GAUTENG - JHB BRANCH

BRIBERY VOUCHER PROGRAMME

REPORT ISSUED

REPORT - BRIBERY NOT PROVEN – IMPROVEMENT IN INTERNAL CONTROLS – ACTIONED BY MANAGEMENT

       

4

17/10/2013

FINANCE DEPARTMENT

FRAUDULENT PAYMENTS: CREDITORS

REPORT ISSUED

REPORT TABLED/APPROVED. REPORT RECOMMENDED CRIMINAL CHARGES – EMPLOYEE DISMISSED CHARGED AND FOIND GUILTY – RECEIVED JAIL SENTENCE – ALL NYDA LOSSES RECOVERED BY NYDA FROM INSURANCE.

       

6

20/08/2014

CEO'S OFFICE

THUSANO FUND: VALUE FOR MONEY

REPORT ISSUED

REPORT RECOMMENDED THE SERVICE PROVIDER BE BLACKLISTED FROM SCM DATABASE – IMPROVEMENT IN CONTROLS OF SCM PROCESS AND WAS IMPLEMENTED BVY MANAGEMENT.

       

8

10/02/2015

CORPORATE SERVICES

BRANCH LOCK-OUTS

REPORT ISSUED

REPORT - RENT NOT PAID ON TIME – RESPONSIBLE EMPLOYEES SANCIONED IN TERMS OF APPROVED DISCIPLINARY PROCESS. IMPROVEMENT IN CONTRACT MANAGEMENT CONTROLS – IMPLEMENTED BY MANAGEMENT

       

9

12/03/2015

CEO'S OFFICE

PLACEMENT OF UNAUTHORISED DOCUMENTATION AT HEAD OFFICE

REPORT ISSUED

REPORT – UNABLE TO DETEMINE WHO HAD PLACED THE DOCUMENTATION AT H/O

       

10

11/06/2015

GAUTENG - JHB BRANCH

BRIBE SOLICITED FROM A CLIENT APPLYING FOR A GRANT AT BRANCH

REPORT ISSUED

REPORT – UNABLE TO PROVE THAT A BRIBE WAS SOLICITED BY THE IMPLICATED EMPLOYEE

       

11

26/06/2015

ECONOMIC DEVELOPMENT DEPARTMENT

PROPER SCM PROCESS NOT FOLLOWED IN SOLICITING SERVICE PROVIDERS FOR CATERING SERVICES

REPORT ISSUED

REPORT – PROPER PROCESS NOT FOLLOWED – IMPLICATED EMPLOYEES SANCTIONED IN TERMS OF APPROVED DISCIPLINARY PROCESS

       

NYDA TIP-OFF DATABASE REPORT 2016-2017

No.

Nature of Allegation

Amount Involved

Identity of Perpetrator(s) known

Investigation Finding(s)

Decision / Sanction Applied

1.

Facebook Adverse Allegation

None

Yes

  • Report issued.
  • Letter of Apology received from the Complainant to close the case.
  • Case Closed.

2.

JHB Branch – Alleged Corruption / Bribery

None

Yes

  • Assessment results indicates that there is no case.
  • No Case.

3.

Alleged Tender Fraud (Dispute on Declined Voucher Programme Tender)

None

Yes

  • Assessment results indicates that there is no case.
  • No Case.

4.

Fraudulent transaction conducted with Conferencing Centre

None

Yes

  • Assessment results indicates that there is no case.
  • No Case.

5.

Alleged Unethical Behaviour for Declined Grant Application of S Maile

None

Yes

  • Report issued.
  • Case Closed.

NYDA FRAUD HOTLINE / TIP-OFF DATABASE REGISTER FROM 01/04/2017 TO 31/03/2018

No.

Name & Nature (subject matter) of Allegation

Date of Allegation

Amount Involved

Identity of Perpetrator(s)

Investigation Finding(s)

Decision / Sanction Applied

Conclusion of the Forensic Report or Assessment Report

1.

Irregularities and suspected corruption pertaining to the SEED (School Entrepreneurship Education Division) Programme being funded by NYDA, at Karabo Business Consortium, Karabo Training College, situated at 43 Ockers Street, 3rd Floor United Building, Krugersdorp.

REF: OBE40705207

25-May-2017

None

Not yet known

The Agency have no information regarding this query and service provider.

No Case

No Case.

2.

Suspected Corruption at JHB Branch Voucher Programme Service Provider

REF: OBB514092017

14 SEPTEMBER 2017

Not disclosed

Yes

Request for name change from Mendi to Digi Effect.

1.1 The request received for Mendi name change to Digi Effect nullified the existence of the agreement between the Agency and Mendi Consulting Services. The above statement is supported by reviewing the records of the new name company:

1.1.1 The new company, Digi Effect was registered in 2015, it is not a new company which can proof that only the Name Change was effected on the registration documents.

1.1.2 The company registration and Income Tax numbers are different.

1.1.3 Lumka is not part of the directors of Digi Effects.

1.1.4 The directors of Digi Effect are not in the Mendi Consulting company registration document.

Therefore, management should urgently liaise with Mendi Consulting in respect of intention to terminate the contract.

1.2 As the Agency is in a process of terminating Mendi Consulting Services contract, we recommend that all the clients that are allocated vouchers via Mendi Consulting Services be reassigned to the next Service Provider(s) to who they are currently contracted to the Agency and approved to deliver that specific type of voucher. The progress of young people businesses is delaying due to such long outstanding issue.

2.3 Furthermore, as the name change dispute continued and non-release of payments by the Agency. The client’s websites and emails were disconnected on 31 March 2017 due to unpaid vouchers by the Agency. Client were requested by Mendi if they would like to arrange a payment plan to keep their website and emails running to kindly contact Nicolus on 078 786 1318 or reply to his email address.

  • Contract with Mendi terminated.
  • Mendi’s clients reallocated to another approved Service Providers.  

3.

NYDA offices, situated in the Western Cape.

The caller reported Mr Steven Curry, who was believed to be the Branch Manager, for accepting bribes in return for securing grants for grant applicants.

REF: OBE121112017

07/11/2017

Not disclosed

Yes

We could not find substantive evidence that Mr Steven Curry, accept bribes in return for securing grants for grant applicants.

The caller seems to be one of the grant applicant that his/her grant was rejected. The Branch issue grant declined letters communication the reasons for such declined to each unsuccessful applicant for rectification of the application.

No Case

4.

Corruption taking place at the NYDA offices situated in Bloemfontein.

Due to the nature of the information provided; in which the whistle-blower’s anonymity could not be maintained, Whistle Blowers discussed the matter with the whistle-blower, where the whistle-blower indicated their willingness to deal directly with NYDA Investigators.

REF:

OBE341122017

15/12/2017

None

Yes – Bulelwa Case and she resigned.

Case open with SAPS and the lost amount recovered from the Insurance.

Case open with SAPS and the lost amount recovered from the Insurance

Case open with SAPS and the lost amount recovered from the Insurance. Same case as below.

NYDA FRAUD HOTLINE / TIP-OFF DATABASE REGISTER FROM 01/04/2018 TO 31/03/2019

No.

Name & Nature (subject matter) of Allegation

Date of Allegation

Amount Involved

Identity of Perpetrator(s)

Investigation Finding(s)

Decision / Sanction Applied

Conclusion of the Forensic Report or Assessment Report

1.

Report sent to selected recipient(s) by the Hot-line Service Provider as per contractual agreement.

REF: OBD215042018

12/04/2018

 

Not applicable

Not applicable

No Case

No Case

No Case.

2.

NYDA, situated in Woodmead, Johannesburg.

The caller reported irregularities at the aforementioned Branch, with regard to the 2017 projects that were not yet implemented

REF: OBE131052018

04/05/2018

Not disclosed

Yes – Bulelwa Case and she resigned.

Case open with SAPS and the lost amount recovered from the Insurance.

Case open with SAPS and the lost amount recovered from the Insurance

Case open with SAPS and the lost amount recovered from the Insurance. Same case as below.

3.

NYDA for a project in Mpumalanga.

The caller reported that a company known as Letlotlo, had been awarded funding of R1 million for a project to excavate tunnels in Mpumalanga. The caller stated that the funding had been paid to Letlotlo in December 2017; However, to date the project had not commenced.

REF: OBB488052018

17/05/2018

 

+ R1 million

Yes – Bulelwa Case and she resigned.

Case open with SAPS and the lost amount recovered from the Insurance

Case open with SAPS and the lost amount recovered from the Insurance

Case open with SAPS and the lost amount recovered from the Insurance. Same case as above.

4.

Feedback Request and Additional Information

The caller requested feedback and provided additional information to the report referenced

OBH903032018.

New REF:

OBH977072018

NYDA offices, situated in Secunda

Due to the nature of the information provided; in which the whistle-blower’s anonymity could not be maintained, Whistle Blowers discussed the matter with the whistle-blower, where the whistle-blower indicated their willingness to deal directly with NYDA Investigators.

REF:

OBC1440112017

30/07/2018

Not disclosed

Yes

Client complained due to dissatisfaction of service delivery.

The client was provided with a Grant of R49 900 (R1 900 for working capital & R48 000 for mobile kitchen). He also wanted a branding voucher for his mobile kitchen and there was moratorium on branding to date. They advised him to do the business plan voucher and it was approved. Suddenly, he changes his mind that he doesn’t want the business plan voucher and the Branch wrongly advise him for a mobile kitchen business as he wanted Polish Manufacturing. The Branch mentioned to him that they will only fund the polish business if its SABS approved for safety reasons.

No fraud – Matter with the CEO and Audit Committee directed the CEO to discuss and convey the message to the client on 05/03/2018.

  • The grant is already close to the limit of R50 000 as only R100 short to reach R50 000. It is not possible for the Branch to issue a second grant as his business is not operating successfully.
  • An exception for the Branch prerogative to do a second application for him in case of additional working capital would have been exercised as he only received R1 900 for the working capital to a maximum of R5 000 (R3 100.00 would have been approved if the ceiling of R50 000 grant was not yet reached).

5.

NYDA Office in Maponya Mall, Soweto.

Please note that this matter was treated as an on-going incident and the relevant recipients have been notified.

The caller reported irregularities at the aforementioned Branch.

REF: OBE556092018

18/09/2018

None

Yes

The Maponya Branch operating hours is 8:00 am to 5pm but the centre operating hours is 8:30 am to 16:30 which needed to abide with. The staff (team) arrive at 7:00 am and the last client leaves at 6pm.

Assistance is provided to applicants to complete one client on the system it takes about 20 minutes.  When assisting the one who forgot the system password can take 30 to an hour.

Service delivery issue and was referred to the Call Centre for conclusion and assistance thereof.

List of reported cases - from 01 April 2019 to 31 March 2020

No.

Complain Description

Date received

Reference no.

Investigation

Conclusion

 

 

 

 

 

 

1

Tender fraud - lease building - Secunda

Alleged tender fraud involving the contractor, Tribugenix PTY (Ltd), to the National Youth Development Agency, situated in the Secunda.

13-May-19

OBE312052019

1. The successful bidder does not have a BBE certificate. However, the bidder submitted a letter which states the summary of the entity's contributions that is supported by the South Africa Police Services (SAPS) Affidavit dated 18 January 2018 from Garsfontein Station in Pretoria.
2. The request for Tender specification document did not request submission of references for clients and bank ratings for the tender process as purported by the Complainant.

There is no indication of tender irregularities. The submitted affidavit is acceptable by the laws of the Republic.

2

Tweeling District Office Recruitment Irregularities

Appointment of staff without following HR Recruitment & Selection policies. Appointment of that that is closed to prominent members of the ANC including the Premier and Councillor.

21-May-19

OBC520052019 & NYDAOBA242072019

1. During the time of the complaints, Ms Monaune was having a valid work contract with the Agency as a Frontline Consultant for a period of 5 months ending 30 September 2019.
2. John Mazibuko – 2nd Complainant (applied for both positions - Frontline Consultant & Center Administrator) written on the application for and his CV that he got BBA Degree in Project Management. However, there is no proof or evidence of such a degree in his application supporting documents.


1. Sufficient evidence exists to confirm that the recruitment and selection process for the positions was followed fair and transparent.

2. There is no evidence to demonstrate existence of any political interference during the selection and recruitment process / appointment process.

3

Irregularities and corruption – Mbombela Grant Programme

1. There are irregularities and corruption committed by the NYDA Mbombela Branch employee Ms Lucretia Ndlovu.
2. Ms Ndlovu has assisted the business owner Mr Anthony Sibuyi with the process of obtaining the funds to open an eatery and internet café business from NYDA, irrespective of Mr Anthony Sibiyi age which is currently 45 years of age at the time of the application of the fund.
3. Ms Ndlovu has assisted Mr Anthony Sibiyi to fraudulently utilise his younger brother by the name of Mr Sicelo Jeffrey (Patrick) Sibuyi as the face of Mahlakule Enterprises in order to qualify for the funding. (However, the Caller did not provide the age of Mr Sicelo Jeffrey (Patrick) Sibuyi but advised that he is within the prescribed age to meet the requirements of the Agency.
4. Ms Ndlovu has been involved in a in a romantic relationship with Mr Anthony Sibiyi since December 2017 and the community is aware.

04-Jun-19

OBD51062019 & OBD592062019

1. Sufficient evidence exists to confirm that the Client (Mr. Sicelo Jeffrey (Patrick) Sibiya) instructed the supplier whom the Agency initially paid to directly refund him the money. He did not collect any goods and services for which they had been paid for. It is established that fraud did take place, the Agency should institute the required sanctions as prescribed by Public Finance Management Act (PFMA) regulation on financial misconduct (i.e. commence civil recovery proceedings and criminal proceedings).



1. The matter should be immediately handed over to NYDA Legal team for further action as required by the Grant Policy section 26.3 that “the Grantee should be compel to repay the full grant, and section 26.3.1 that “the Grantee will not benefit from services of the Agency in future”.

2. Furthermore, the Agency’s employee Ms. Lucricia Ndhlovu is not directly involved or responsible for managing and administrating the grants. She is also no holding an influential role or senior role within the Branch to influence positive approval of the grant. There is no evidence that she could not have colluded with the client to defraud the Agency by fast tracking the payment of the grant.

4

Fraud and Corruption at Empangeni Branch

Mabika Clan (Pty) Ltd is a sewing and embroidery company operating at Esikhawini. The business applied for R50 000 grant at NYDA and when doing follow-up on the application Thwala and Nkululeko (Branch Manager) confirmed that they lost all my documents. I heard a rumor on my lecturer saying Mabika Clan was also on the list of beneficiaries on Sihle Zikalala presentation meeting. Then I went to NYDA in Durban they also confirmed that Mabika Clan is one of the beneficiaries at NYDA.

I hope my case will be taken seriously or I will try to find alternative ways to deal with the matter.

Jun 13 & 18, 2019

OBA170062019

1. Branch Manager respond - In response to this email. I know Mr Mabika he is our client as he came to our branch to do an assessment for a grant application.
2. As Empangeni branch we have not granted anyone by the surname Mabika we only did an assessment which was meant to be followed by a site visit.
3. Apologies for any confusions probably the Premier was referring to another Mabika from another Branch.

No case - only speculation

5

Madludlas Agricultural Enterprise

Supplier requesting the Agency to provide him with the contact details of the Agenys' former beneficiary. The beneficiary failed to paid the supplier for goods delivered or service rendered.

11-Jul-19

OBA139072019

1. There are no records of Madludlas Agricultural Enterprise (Pty) Ltd or & Madludlas Agricultural Enterprise.
2. Mbuso Nxumalo is in our Customer Relationship Management (CRM) system under enquiries. He was captured in 2013. The contact details we have is 076 036 3010.



It is the Agency management prerogative to provide the Third Party with contact details of the Agency’s clients.

6

Nsfas ProblemQuery from our fraud hot-line regarding a student that applied for funding at our Branch and to date he did not receive feedback. Details are as follow:Name: Baleni SibusisoID: 000 212 567 108 7Bar Code: 152 674 43

22-Jul-19

OBA19062019 & NYDAOBA254072019

Email from Operations Unit - Working with NSFAS during application process , our mandate was to help them with applications only - Then send the applications to NSFAS for reviewing and awarding - NSFAS does not tell us who they have awarded or who they did not- We don’t get in anywhere in awarding of NSFAS students, that’s purely done by NSFAS only- Our role was just to assist with the applications only, and those applications were send to NSFAS- If this applicant has queries he must contact the NSFAS and again- Student applying for NSFAS does not automatically mean that the student will get the funding I have just checked now we don’t anyone by the name of Nyangiwe in the NYDA, and even those graduates that were hired to do NSFAS applications there is no Nyangiwe, maybe this Nyangiwe belongs to NSFAS because we used to have NSFAS people vising our branches as well during the application process.

Email was forwarded to NSFAS to check their records on 26 July 2019 and they have requested the Client to contact them directly of which he did upon our advice.

7

IRREGULARITIES - in Polokwane Branch. The Caller stated that the 5 Co-operatives had complained that they had not received everything as per the quotations they had provided to Ms Maepa and indicated that “the individual who was supposed to cut the bushes had arrived. However, had not cut the bushes and nothing had been done; they had received smaller size uniforms than requested and had only received a part of the fencing as well as only received part of the seedlings”. The Caller further mentioned that the 5 co-operatives had produced their own quotations; however believed that Ms Maepa had submitted entirely different quotations. The caller had been uncertain where the quotations could be obtained.

21-Aug-19

OBB585082019

1 Based on the preliminary investigation, there is evidence for a potential collusive relationship between the NYDA Official and the Suppliers.
2. The matter should be immediately handed over to NYDA Legal team to start the process of recovering money for outstanding items.
3. We have requested the Branch Coordinator to return to the Clients so that a full stock take is done for delivered items and quantity there off. Such a stock take will assist that the Coops initial grant is top-up so that they carry on with ploughing. The reason for top-up of the grant is because members of the Coops will start selling the items or using the items for their personal gain which will defeat the purpose for the approval of the grant.

1. There is evidence for a potential negligence of work by Ms Maepa towards assisting the clients to get all items from the Suppliers. The Suppliers did not deliver all the quoted items.
2. The matter was immediately handed over to NYDA Legal team on 22 January 2020 to start the process of recovering money for outstanding items.
3. We have also requested the Branch Manager that the Branch Coordinator should return to the Clients so that a full stock take is performed for delivered items and quantities there off. Such a stock take will assist that the Coops initial grant is may be top-up so that they carry on with ploughing. The reason for top-up of the grant is because members of the Coops will start selling the items or using the items for their personal gain which will defeat the purpose in which the grant was approved for.
4. Consequence Management should also be taken against Ms. Ms Maepa for neglecting her duties towards the Clients, by not ensuring that the Suppliers deliver all items as per quotations.

8

Online Report Received - OR2531092019 - Incentiv8 (Pty) Ltd Enterprise number K2017029322 www.incentiv8.co.za - A possible ponzi scheme is occuring. Incentiv8 is offering students a rate of return of up to 200%. This return is not payable earlier than 6 months. Students pay a monthly premium to the company and then upon graduating from their degree they receive a lump sum that totals more than their initial premiums. This lump sum offers returns from 40% up to 200%. Believed to be a ponzi scheme due to high rate of return and the fact that the company is using non-claiming students’ premiums to pay out lump sums to students that are gradating. This is unsustainable and many people will lose money.

11-Sep-19

OR2531092019

In terms of preliminary investigation, the matter is not within NYDA scope of work / duties as the organisation. Refer the matter to high education institutions, i.e. Department of Education and National Student Financial Aid Scheme (NSFAS).

In terms of preliminary investigation, the matter is not within NYDA scope of work / duties as the organisation. Refer the matter to high education institutions, i.e. Department of Education and National Student Financial Aid Scheme (NSFAS).

9

Re: Suspicious Activity at NYDA - INTERNAL REPORT - In February of 2019, I started the process of applying for a grant from the NYDA offices in Pretoria. Since then I have called in to the gentlemen and exchanged texts to which many things have been said. I was even sent through a proof of payment to my phone to let me know my supplier was paid then it was quickly retracted as I was told it was another company that had used the same supplier which had been paid out. I then asked how they knew and to which I received no response. I have also tried to contact other people from the branch who then emailed me the exact same Proof of payment i had received from the gentlemen, to which it was then said again that it was not my payment but that of another client that had been made.

11-Sep-19

OBA113092019

This is a customer service delivery complain and that PTA Grant Officials direct Clients to their preferred suppliers. Client are not provided with an opportunity to present their preferred supplier quotations. Client are also directed which to specific items they can buy on those suppliers.

Case closed. Internal Audit assisted a client that the grant is finally paid to her at the end of October 2019.

10

Elias Motsoaledi Local Municipality and NYDA Internship Programme
. The Whistle-blower reported that irregularities are taking place within the Infrastructure Department, regarding Tshepiso (no surname provided), in charge of the NYDA Apprenticeship Programme, for unethical conduct regarding him displaying favouritism towards certain applicants based on ethnicity.
. The complainant is alleging that there are 19 students in the apprenticeship and all of them do not have Diesel Mechanic Qualifications.
. The complainant further state that all these 19 students paid a Lecture in Gauteng for N2 Certificates, and they only go to sign the attendance register.

11-Nov-19

OR2670112019






 

i. There is sufficient evidence that the Apprenticeship Beneficiaries have the required qualification in terms of the advert.
ii. The recruitment process was transparent to all involved Stakeholders, hence all the Stakeholders form part of the Panel that interviewed the Candidates.
iii. There is a greater amount of evidence to counter the allegation of the complaint. Therefore, the allegation in terms of the compliant are not true. It is an abuse of the available mechanism of reporting to settle internal score within the Municipality.
iv. There is no direct evidence linking any of NYDA Officials to have committed misconduct as far as this Apprenticeship programme is concern, including NYDA Official.
v. In terms of the statement acquired from Apprenticeship beneficiary they indicate that believe that they are a part of the this programme, hence they have all the required qualification in terms of the Advert.

Case closed, no further action need as per investigation report.

11

FRAUD - Solomon Mahlangu Scholarship Fund
• The complainant indicated that Mr Vuyo Wallance submitted incorrect details of the Landlord information to the Interllimali System.
• The complainant indicated that Mr Vuyo Wallance used the details of his unknown relative as if it is his Landlord.
• The complainant/Caller indicated that the Landlord where Mr Vuyo Wallance is actual resides details were not submitted to the Interllimali system, and that they have not received any rental for the whole year 2019 hence Mr Vuyo Wallance indicated that he does not have a Bursary.

21-Jan-20

OBE1302101202

In process of Investigation as the case is new.

There is sufficient proof to substantiate the allegation that Vuyo Wallance colluded with her Sister Ms Nomfundo Mdluli to misrepresent the Agency that his Sister pose as a Landlord. This assertion is supported by the following:

1. Reason for Contract Termination 1 - Fraud committed - The evidence shows that the conduct of the Student amount to concealment of facts by submitting his Sister banking details – its Misrepresentation - which lead to broken trust between him and the Agency.

2. Reason for Contract Termination 2 – Period / duration of funding lapsed - The Scholarship Conditions as per Standard Scholarship Fund Agreement - Section A(1) states that “The Scholarship will be awarded for the duration of study only for full-time study and may in the sole discretion of NYDA be renewed for the subsequent year/s. The Agency funded the student for a period of 4 years and now it will be the 5th year for a 3 to 4-year Undergraduate Degree. Perpetual funding is prohibited by the conditions of the Scholarship. If the Agency fund him again, that is viewed as a perpetual funding.

07 September 2020 - NW2222

Profile picture: Waters, Mr M

Waters, Mr M to ask the Minister of International Relations and Cooperation

Whether, the reference to the Foreign Service Act, Act 26 of 2019, in terms of which her department is compelled to render consular services in line with the Guidelines for the Provisions of Consular services, civic and immigration services are fully operational at all the South African missions; if not, (a) which missions do not currently have full operational services and (b) what are the reasons for not providing full operational services in each case?

Reply:

Yes, the Department of International Relations and Cooperation and the Missions abroad have been rendering consular services and civic and immigration services to South African citizens abroad utilising the Consular Services Guidelines of the South African Government. While the Foreign Service Act (FSA), Act 26 of 2019, recognises, acknowledges and reinforces the consular services and civic and immigration services that the Deparment has been rendering to South African citizens abroad, however, the Act is not yet in force.

a) All South African Missions have full services at all times.

b) None.

07 September 2020 - NW1911

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De Freitas, Mr MS to ask the Minister of Tourism

With reference to her reply to question 423 on 30 April 2020, what is the set deadline for her to receive the final report on the SA Tourism Board Assessment Reviews?

Reply:

The South African Board Assessment Reviews were received on 13 May 2020.

 

07 September 2020 - NW1353

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Tourism

Whether the implementation of the Tourism Equity Fund, to which the President of the Republic of South Africa, Mr M C Ramaphosa, referred to in the State of the Nation Address on 13 February 2020, will be unfrozen post Covid-19; if not, what (a) other support mechanisms does her department have to help the sector get back on its feet and (b) are the (i) time frames, (ii) timelines and (iii) deadlines in this regard?

Reply:

The implementation of the TEF was impacted upon by the reprioritisation of government’s budget and has had to be temporarilyput on hold. Given the significance of the Fund in relation to the transformation of the tourism sector, its implementation will continue going forward.

(a) and (b) The implementation of the Tourism Equity Fund is continuing.

07 September 2020 - NW1780

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De Freitas, Mr MS to ask the Minister of Tourism

With reference to her reply to question 842 on 28 May 2020, what (a) are the names of the senior and middle management departmental officials who serve on the committee and what is each person’s department, directorate and designation, (b) are the roles and responsibilities of the committee and its members, (c) are the instances when applications are rejected and the reasons for rejecting the application in each case, (d) deadline has been set for the completion of adjudications, (e) are the deadlines for completion and submission of the adjudication report to the Accounting Officer and (f) is the date for the conclusion of the work of the committee and the Tourism Relief Fund?

Reply:

a) Department’s officials who served as members of the Committees were appointed from amongst the ranks of Senior Management Services in the following Chief Directorates within the Department:

  • Tourism Incentive Programme
  • Destination Planning and Investment Coordination
  • Strategy and Systems
  • Tourism Visitor Services

The Department will consider a request to reveal the names of the officials and any other information that may results in revealing their names, when such a request is made in accordance with the law that govern access to personal information.

b) The members of the Adjudication Committee considered evaluation recommendations and adjudicated applications based on the criteria and requirements set for funding.

c) Applications that did not meet the requirements and qualification criteria set. Some applicants could not benefit from the TRF because the available money was finished after paying 4000 businesses at R50,000 per business amounting to the Fund’s total of R200 million.

d) There was no date set for the completion of the adjudication process. The process was meant to be completed when adjudication responsibilities were concluded.

e) Adjudication outcome is final and report to Accounting Officer is for information. There was no date set for the completion and submission of the adjudication report to the Accounting Officer. Thereport was to be submitted to the Accounting Officer upon the conclusion of the adjudication process.

f) There was no date set for the conclusion of the work of the committees. The work of the committees/structures ended when their responsibilities were discharged.

07 September 2020 - NW1704

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De Freitas, Mr MS to ask the Minister of Tourism

With reference to her reply to question 847 on 28 May 2020, what (a) process is being followed, (b) are the timelines and deadlines for each step of the process and (c)(i) is the name of the person(s) responsible for each step of the process and (ii) is each person’s (aa) responsibility and (bb) mandate in each step of the process?

Reply:

a) The process entails verification, evaluation, adjudication or approval of the application and verification of banking details in the department to payment through South African Tourism.

b) There was no deadline set for the steps of the process, however eachstep flows into the next and each day production progresses to the next step the following day.

c) (i) and (ii) (aa) and (bb)

Various departmental functionaries within the department under leadership DDG: Tourism Sector Support Services were responsible for provision of theICT system support, verification of applications for completeness, adjudication/approval of successful applications, and verification of banking details by the CFO’s office. Evaluation was independently conducted through external assist. Payment were processed through South African Tourism.Personnel information regarding individuals in the committee may be accessed through following procedures in relation to access to personal information.

07 September 2020 - NW2051

Profile picture: Mphithi, Mr L

Mphithi, Mr L to ask the Minister in The Presidency for Women, Youth and Persons with Disabilities

What (a) is the current staff complement of the national office of the National Youth Development Agency and (b) are the full details of the organogram?

Reply:

a) The National (Head) Office staff complement is 143 as at 31 August 2020.

b) The table below indicates the full details of the organogram.

Positions

Number of Employees

Executive Management

5

Senior Management

5

Managers

25

Specialists

29

Officers

46

Administrators

19

Housekeepers (insourced)

5

Security officers (insourced)

9

TOTAL

143

07 September 2020 - NW1910

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Hunsinger, Mr CH to ask the Minister of Transport

How much income has the economy lost due to truck protests and arson attacks in the past three financial years?

Reply:

1. Impact of strikes by truck drivers and arson attacks on the economy (income lost)

South Africa trades with the rest of Africa and is largely through road transportation. The unrests within the road freight transport are negatively affecting the movements of goods and services in the country and the entire continent.

The embarking of strikes by South African truck drivers can be traced back to at least 2017. On 1 March 2017, the disgruntled truck drivers from coal sector organised a march to Union Buildings, which was against the contracting of Independent Power Producers (IPPs) by Eskom. They thought the move by Eskom will affect coal transportation industry and many people would lose their jobs.

  • 1.1 Costs and Damages

The tensions between South African and foreign truck drivers have been ongoing for few years now. Most strikes that have happened in the country are against the employment of foreign truck drivers because, South Africans are concerned of the dominance of foreign nationals in not only the trucking industry, but also in other sectors given the high unemployment rate in the country.

The drivers from various truck unions (including All Truck Drivers Foundation) are calling for truck owners to refrain from employing foreign truck drivers in order to preserve jobs for South African. The All Truck Drivers Foundations (ATDF) argues that foreign drivers are being preferred when it comes to employment. It is unfortunate that most of the strikes turned violent.

These truck protests have a negative impact on trade in the country. The blockade of roads affects movements of other road users within the country. The motorists had to use alternative routes or be delayed on their business activities. As a result, two freight trucks were attacked and torched, which were carrying products bound for a grocery store; that led to the closure of the N1 highway near Paarl in Western Cape.

Some protests by truck drivers are over a wage dispute, which resulted in burning of trucks. This happed in April 2018 in Mooi River toll plaza, Kwa Zulu Natal.

According to Road Freight Association, the costs of attacks on trucks is about R1.2 billion with 1200 vehicles and cargo destroyed.

  • 1.2 Income contribution

According to Land Transport Survey, which was released by Statistics South Africa in 2018, 77.3% of freight categorised as land freight in South Africa is hauled on its roads, accounting for 73.8% of total land freight income. Figure 1 indicates year-on-year percentage in freight transportation (income at current prices) from Land Transport Survey (P7162), monthly statistical releases.

Figure 1: Percentage Change of Income from Road Freight Transportation

Data Source: Land Transport Survey (StatsSA)

Level of income in the road freight has been increasing in 2017 and 2018. According to StatsSA’s Land Transport Survey, income from road freight transportation has increased by 11.9% and 9.8% in 2017 and 2018, respectively. However, there was a decline of 0.7% in 2019.

As illustrated in Figure 1, income from road freight transportation recorded an increase in all months of 2017 despite a march organised by truck drivers to Union Buildings in Pretoria.

In 2018, there was an increase in income in all months, except only decrease of 3% that occurred in June. The decrease of income in June 2018 was due to truck drivers’ protest regarding a wage dispute and demanding that foreigners should not be permitted to drive trucks in the country.

In 2019, income from road freight transportation decreased from July until the end of the year. This was mainly due to continuous tensions between local and foreign truck drivers. The local drivers accused foreigners of stealing their jobs, while International Cross-Border Traders Association (ICTA) also threatened to prevent SA registered trucks and buses to travel outside borders of SA if the industrial action went ahead.

The effect of COVID-19 and lockdown was experienced in the road freight transport in 2020. The road freight industry recorded a highest drop in income of 40.2%, 21.3% and 18.3% in April, May and June, respectively, which are the highest decline over the past three years. The recent tension occurred in June 2020 and culminated in violence, with trucks being set alight in KwaZulu-Natal, Mpumalanga and Western Cape.

04 September 2020 - NW1724

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Mabhena, Mr TB to ask the Minister of Transport

Whether his department has distributed any sanitisers to (a) taxi associations and/or (b) taxi ranks throughout the Republic; if so, (i) what total number of sanitisers, (ii) at what total cost to his department and (iii) how long does he envisage the specified programme will last?

Reply:

a) The Department has not distributed any sanitizers directly to taxi associations and taxi ranks. To assist Provincial Authorities the Department procured and delivered the below listed quantities of sanitizer bottles and refills during April 2020 and May 2020. All items procured were delivered and handed over to Provincial Offices for distribution. National Treasury has approved and mandated Provinces and Local Authorise to utilise a percentage of allocated Grant Funding to procure PPE’s for the transport industry. As such procurement of masks and other PPE’s are done at provincial and local level.

(i) Sanitizers 1litre refillable bottles for each taxi for use by drive and passengers- 153 257 delivered and paid.

Sanitisers 20 litre refill-2609 delivered and paid.

(ii) Sanitisers 1litre refillable bottles for each taxi for use by driver and passengers- total cost was

R4 616 634.72 (R29.84 per unit)

Sanitisers 20litre refill- total cost was R3 988 620.00 (R1 661,93 for 20 litre)

(iii) The Department’s programme was an initial (during level 5 lockdown) assistance, as to assist

Provicial Authorities National Treasury has mandated Provinces and Local Authorities to utilise a percentage of allocated Grant Funding to procure PPE’s for the transport industry. As such ongoing procurement and implementation of the programme is done at provincial and local level

04 September 2020 - NW1533

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Gondwe, Dr M to ask the Minister of State Security

(1)What progress has her department made on the draft of the amendment of the General Intelligence Laws Amendment Bill [B25 of 2011], which will effectively disestablish the State Security Agency and break it up into two services, namely the domestic and foreign services; (2) (a) on what date is the Bill likely to be introduced in the National Assembly and (b) what are the relevant details of the timelines in relation to the processes to be undertaken by his department and relevant government institutions before the introduction of the Bill in the National Assembly?

Reply:

The Parliament Joint Standing Committee on Intelligence has scheduled a briefing by the State Security Agency on the General Intelligence Laws Amendment Bill (Gilab). This briefing will amongst others, provide progress on Gilab. Drafting of the General Intelligence Amendment Bill is taking place within context of ITT and implementation of the HLRP Recommendations. Strategic thrust of the ITT drafted Bill was re-creation of 1994/5 intelligence structures. This posed a significant challenge and threat to civilian intelligence. This Bill had to be revised to consider futurist configuration, which takes into consideration current, and emerging threats; Process of drafting Gilab including its buinsess case is affected by myriad factors including;

(b) Lockdowns aimed at containing spreed of Coronavirus COVID-19 pandemic;

(c) Consultation with the President on options for optimal configuration;

(d) Consultation with the National Treasury, Department of Public Service and Admnistration and JSC Cluster.

The Bill will be submitted to Parliament after approval by the Cabinet.

04 September 2020 - NW1809

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Sindane, Mr P to ask the Minister of Human Settlements, Water and Sanitation

(a) What are the reasons that the Kwa-Masiza Hostel in Ward 17 of the Emfuleni Local Municipality is still incomplete despite the huge amount of funds pumped into the project by her department, (b) who were the appointed contractors for the specified project, (c) what budget has her department allocated for the project, (d) what are the reasons that the security company left the site unguarded and (e) what amount did her department pay the security company?

Reply:

(a) The Gauteng Department of Human Settlements refurbished the Kwa-Masiza Hostel under the CRU Program. The three (3) and four (4) bedroom units were upgraded to serve as rental stock for qualifying beneficiaries. Residents that did not qualify for the rental option were accommodated under the subsidy scheme upon the approval process.

The completed units were made available to qualifying beneficiaries but due to unaffordability, the hostel residents refused to take occupation of the units. In addition, the project was plagued by various implementation challenges related to service providers on site which led to subsequent delays in the roll out of the development and inevitably the project was stopped.

The Auditor-General found that the continued payment of security services from the Human Settlements Development Grant (HSDG) to guard the stopped project would result in irregular expenditure on the part of the Gauteng Department of Human Settlements (GDHS). Consequently, the GDHS took a decision to withdraw all the security services from the project, which led to invasion and vandalization of the properties.

The Gauteng Department of Human Settlements has established a steering committee comprised of MMCs, Project Managers and the Local Councillor with the purpose of reviving the project and finding solutions to challenges that caused it to come to a standstill.

(b) Honourable Member, I am constrained and prohibited by the document titled “Guide to Parliamentary Questions in the National Assembly” from providing the names of companies as requested. The document referred to states that:

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

(c) The Gauteng Department of Human Settlements plans to revive the development of the project and has set aside a budget of R4 000 000.00 (four million rand) for the initial assessment and repackaging of the project. The plan is to redevelop the hostel into walk-up family units.

(d) The GDHS was cautioned by the Auditor-General and the National Department of Human Settlements against the use of the Human Settlement Development Grant to pay for non-housing related costs. The Division of Revenue Act (DORA) is clear that the HSDG should only be spent on housing costs. The continued payment of security services from the HSDG exposed the GDHS to irregular expenditure. In 2018, the GDHS took a decision to discontinue payments for security services to guard the project and withdrew the security company from the site.

(e) The GDHS made no payment to the security company due to a lack of the Portfolio of Evidence on the part of the claimant.

04 September 2020 - NW1883

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Shivambu, Mr F to ask the Minister of Finance

(a) What amount has been paid as a settlement by any (i) person, (ii) corporation and/or (iii) fund to each pension and/or retirement fund (details furnished), (b) which payments were approved by a certain person (name and details furnished) and (c) how was the decision to allocate the payments into the funds made?

Reply:

Kindly note that the Office of the Pension Funds Adjudicator (OPFA) only deals with complaints referred to it in terms of section 30A of the Pension Funds Act, 24 of 1956. Therefore, the questions posed above would not arise in the execution of the OPFA’s mandate.

04 September 2020 - NW1723

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Mabhena, Mr TB to ask the Minister of Transport

(1)Whether his department has distributed any face masks in the past two months; if so, (a) what number of face masks have been issued and distributed to (i) taxi ranks and/or (ii) taxi associations throughout the Republic and (b) on what dates were the specified face masks delivered in each case; (2) whether there was acknowledgment of receipt in each case; if so, will he furnish Mr T B Mabhena with a copy of such correspondence; (3) whattotal amount has his department paid in the past two months for the issuing and distribution of face masks to taxi ranks and/or taxi organizations throughout the Republic?

Reply:

1. The Department did not distribute any masks in the past two months. National Treasury has mandated Provinces and Local Authorities to utilise a percentage of allocated Grant Funding to procure PPE’s for transport industry. As such procurement of masks and other PPE’s are done at provincial and local level.

2. Not applicable as the Department did not deliver any masks in the last two months. See response (1) supra.

3. Not applicable as the Department did not procure any masks in the last two months. See response to (1) supra.

03 September 2020 - NW1590

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Hunsinger, Mr CH to ask the Minister of Transport

(a) For what purpose did the SA National Road Agency Ltd request the R7 billion loan from the Development Bank of Southern Africa and (b)(i) for which projects and/or capital expenditure projects was the loan made and (ii) where are the projects located?

Reply:

a) SANRAL did not apply for a loan from the Development Bank of Southern Africa.

b) (i) Not applicable

(ii) Not Applicable

03 September 2020 - NW1640

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Sonti, Ms NP to ask the Minister of Social Development

Whether her department considered a different payment method to beneficiaries of social grants, rather than having persons standing in long queues risking Covid-19 infections?

Reply:

All social grant beneficiaries receive their social grants in a bank account, whether this is their own personal account, or the SASSA card account. Once the money is available in the account, the beneficiary can withdraw the money at any time, everywhere in the country. There is no requirement for the beneficiaries to withdraw the money on the same day, or to withdraw all the cash at once.

Much of the communication SASSA has been doing is to have beneficiaries of social grants understand that there is no need for them to queue to withdraw cash, but that they can use their cards to pay for goods (the SASSA card is a fully functional debit card); that they can withdraw smaller amounts as and when they need this, or that they can go later in the month, when the queues are not as long.

The support of Honourable members in reinforcing this message will assist in changing beneficiary behaviours.

03 September 2020 - NW1505

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Mabhena, Mr TB to ask the Minister of Transport

What total number of train stations on each line currently (a) have and (b) do not have functioning electricity?

Reply:

The total number of train stations on each line currently (a) having and (b) not having functioning electricity is as per the table below:

Commuter stations per region

Region Name

(a)

Available

(b)

Not Available

Total

South Gauteng

63

101

164

North Gauteng

27

41

68

KwaZulu Natal

92

10

102

Western Cape

109

15

124

Eastern Cape

22

7

29

 

313

174

487

03 September 2020 - NW1670

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Abrahams, Ms ALA to ask the Minister of Social Development

What (a) is the commencement date of employment of the 1 809 social workers in each province and (b) are the terms of their contract?

Reply:

(a)

Province

Date of employment

Northern Cape

1 June 2020

Eastern Cape

1 June 2020

Western Cape

Province chose to use existing employees-not participate in project.

Limpopo

1 June 2020

Free State

1 June 2020

Mpumalanga

1 July 2020

North West

1 June and 1 July 2020

Gauteng

1 July and 16 July 2020

Kwa-Zulu Natal

1 June and 1 July 2020

(b) Social Workers have been employed for a period of three (3) months with a monthly remuneration of R6,000.00. It is important for the honourable Member to note that the Provincial Department of Social Development in the Western Cape refused to participate in this programme.

03 September 2020 - NW1909

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Hunsinger, Mr CH to ask the Minister of Transport

(1)What number of truck companies are (a) part of the Bargaining Council and (b) not part of the Bargaining Council; (2) whether his department has conducted any studies to determine what number of truck companies in the road freight industry employed (a) documented and (b) undocumented foreign nationals as truck drivers in the past three financial years; if not, does his department intend to conduct such studies; if so, what number of (i) documented and (ii) undocumented foreign nationals have been found to be employed by truck companies in the road freight sector in the specified period; (3) whether his department has taken any steps against any truck company for illegally employing undocumented foreign nationals as truck drivers; if not, why not; if so, what are the relevant details?NW2424E

Reply:

1. The information sourced from the Bargaining Council states that are (a) 3121 truck companies that are currently registered with the Bargaining Council. (b) the number of truck companies not part of the Bargaining Council remains unknown as the it (Bargaining Council)keeps information on companies that are registered within its scope. It must be noted the Bargaining Council for Road Freight and Logistics has jurisdiction only on truck companies that fall within its scope, associated for transporting of goods for hire or reward

2. The Department of Transport has not conducted any study in this regard. It must be stated that this is purely a labour matter and the Department of Employment and Labour has since taken the lead in addressing this issue so much so that the Department of Transport forms part of an Interministerial Committee appointed by Cabinet as per its decision of 15 July 2020, copy of which has been attached hereto for ease of reference.

3. On an ongoing basisan integrated and multidisciplinary Joint Law Enforcements and Compliance Inspections were conducted between 01 September 2019 to 31 March 2020 by the responsible Law Enforcement Teams from SAPA, Dept. of Employment and Labour, Home Affairs and Traffic Authorities with the following outcomes:

In KZN 26 roadblocks were conducted;

23 Employers were charged;

262 undocumented truck drivers were charged; and

35 inspections at trucking companies were conducted.

The above Joint Law Enforcements and Compliance Inspections were conducted by Department Home Affairs; Department of Employment and Labour; Traffic Authorities, South African Police Service; Metro Police and the Bargaining Council.

03 September 2020 - NW1760

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Hunsinger, Mr CH to ask the Minister of Transport

(1)What portion did the Road Accident Fund receive from the fuel levy in each month since 1 January 2020; (2) with reference to creditors paid over the past three years related to court proceedings in defence of claims, what (a) are the different categories of service providers and (b) amount was paid to each specified category?

Reply:

(1) The Road Accident Fund (RAF) received the following amounts from the fuel levy in each month since 1 January 2020:

January 2020

R 3 807 332 143.91;

February 2020

R 3 528 323 707.01;

March 2020

R 3 495 556 973.48;

April 2020

R 3 770 745 323.10;

May 2020

R 2 558 272 599.71; and

June 2020

R 1 599 970 916.97.

(2) With reference to creditors paid over the past three years related to court proceedings in defense of claims,

(a) the different categories of service providers are:

and (b) the amount that was paid to each specified category is:

Advocates for the RAF

R1 004 423 966;

Attorneys for the RAF

R7 317 065 343;

Actuaries for the RAF

R425 791 569;

Assessors for the RAF

R289 909 208;

Medical experts for the RAF

R2 055 641 965;

RAF travel and accommodation

R17 461 530;

Other RAF disbursements

R292 200 723;

Advocates for the claimant

R2 372 350 878;

Attorneys for the claimant

R7 700 134 971;

Actuaries for the claimant

R634 888 188 ;

Assessors for the claimant

R29 297 408;

Medical experts for the claimant

R4 187 898 064;

Claimant travel and accommodation

R235 652 197; and

Other claimant disbursements

R209 998 368.

03 September 2020 - NW1552

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Nolutshungu, Ms N to ask the Minister of Transport

What steps has been taken by his department to ensure that Metrorail is able to (a) guarantee commuter safety, (b) protect against cable theft and vandalism of the infrastructure, (c) arrest and subsequently prosecute those responsible for vandalism of infrastructure and (d) get the service up and running to its full capacity within set time frames?

Reply:

a) PRASA resumed its Metrorail Operation on 01 July 2020, in all Regions (Western Cape, Eastern Cape, KwaZulu Natal and Gauteng) in line with the level 3 lockdown regulations, governed by the risk adjustment strategy implemented by the Government in an attempt to limit the spread of Corona virus pandemic. The Metrorail services resumed in the following corridors at 30% capacity in line with the regulations:

Western Cape

KwaZulu-Natal

Gauteng

Eastern Cape

  • Cape Town - Retreat (Wynberg)
  • Durban - Umlazi
  • Durban - Kwamashu
  • Pienaarspoort - Pretoria
  • Port Elizabeth -Uitenhage
  • East London - Berlin

Following the Minister of Transport’s announcement on 16 July 2020 allowing commuter rail operations to increase the loading capacity to 70%, Metrorail has accordingly increase its loading capacity in the currently operating corridors to 52% from Monday, 03 August 2020, informed by the following risk-based scenarios:

52% Capacity

70% Capacity

Social distancing for standing is 0.5m apart and all seats occupied with commuters wearing masks. Total in each train set is 1161 commuters

Social distancing for standing is 0.2 to 0.3m apart and all seats occupied with commuters wearing masks. Total in each train set is 1540 commuters

Risk Mitigations

The following measures were implemented to mitigate the risk of spreading the virus:

  • All Commuters are sanitised when they enter the station precinct
  • No socialising in the train.
  • No eating in the train.
  • Maintain appropriate ventilation inside the train - Windows to be opened by at least 5cm.
  • No handshaking greetings.
  • Commuters and staff strictly wear face mask on board the train.
  • Protection Officials and Marshalls are deployed on board to enforce compliance.
  • Train surfaces are disinfected before the train trip and at turnaround stations.

In addition, commuters are encouraged not to touch surfaces where possible in order to reduce the spread of the virus.The current security arrangements remain in place and supported by platform marshals to enforce compliance with the regulations.

Metrorail will continue to monitor the associated risk and based on the lessons learned and the attendant risk assessment, increase the loading capacity to 70%, in line with the current regulations.

b) Metrorail Security continuously identify crime hot spot areas and focus actions to ensure asset protection. Teams are deployed in corridors to ensure fast and effective response. Metrorail has advertised 3000 additional security posts nationally with closing date 22 July 2020. In the interim, until 15 August 2020, available security resources will be utilised to mitigate security risks / threats.

PRASA is also involved with Joint Operations with the Rapid Rail Police to create additional capacity to address the prevailing security threats. PRASA is currently engaged in various projects to address permanent and sustainable solutions for mitigation of the security risks associated with cables and infrastructure i.e.:

  • Corridor walling;
  • Recruitment Process;
  • Monitoring Control Rooms;
  • Physical Security;
  • Armed Response;
  • E-Security solution that will deliver protective measures for mission critical assets (substations, relay rooms and high sites)
  • Intelligence Driven Security Operations with investigations and criminal forensic support; and
  • Drone operations that will focus of infrastructure and cable protection.

c) Over 140 suspects have been arrested for various acts of theft of vandalism of PRASA’s infrastructure nationally with Gauteng contributing over 90% of those arrests. Prasa is pursuing various options with specialised units of the SAPS and the NPA to ensure that perpetrators are effectively prosecuted and receive stiffer sentences are effected, these efforts have been necessitated by the ease in which bail is being granted to suspects even in instances where it is established that they are foreign citizens who might not easily be confined to the borders of RSA.

d) Services will gradually resume in line with the adopted infrastructure and security plan and in compliance with COVID-19 Directions. The focus will be on corridors with high passenger demand and with less repair work required on vandalised infrastructure and station facilities. In Gauteng, due to damage and vandalism to Overhead Traction Equipment (OHTE), services will initially be rendered using diesel traction whiles OHTE are being repaired and security services are rolled out.

The table below gives an indication of the planned resumption of services:

03 September 2020 - NW1806

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Nolutshungu, Ms N to ask the Minister of Transport

(a) Who are the shareholders of Taxi Recapitalisation South Africa, which was established by a certain company (name furnished) with the aid of his department, (b) what profit amount does the specified entity make by scrapping one taxi and (c) what number of taxis do they scrap in each year?

Reply:

a) Taxi Recapitalisation South Africa (TRSA) has been established on a collaborative business model between the Mini and Midi-Bus Taxi Industry (MMTI) with 60% ownership and the Contractor as technical partner with 40% ownership. The appointed Contractor is Anthus Services 84 (Pty) Ltd.

b) In terms of the Revised Taxi Recapitalisation Programme, the Contractor is required to verify the extent of illegal operations, improve the sustainability of the MMTI through leveraging commercial opportunities in the value chain and investigating the feasibility of introducing an age limit for mini and midi-bus taxis, in addition to the scrapping of old taxi vehicles and paying scrapping allowances to taxi operators. The Contractor’s contract value is based on the implementation of all therequirements mentioned above and not only on the scrapping of taxis only.

c) The budget for scrapping allowances provided in the Medium Term Expenditure Frameworks provides for the scrapping of 3693 vehicles annually. The actual number of vehicles scrapped annually is dependent on the number of qualifying applications received from the MMTI.Scrapping of old vehicles is also demand drivenand therefore the total number of vehicles scrapped each year is dependent on the operators bringing their vehicles for scrapping.

03 September 2020 - NW1807

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Nolutshungu, Ms N to ask the Minister of Transport

(a) What plans are in place for the Road Accident Fund to pay over R17 billion in unpaid claims that have been outstanding for more than 10 years and (b) by what date does he envisage will the backlog be cleared?

Reply:

(a) The revenue received by the Road Accident Fund (RAF) from the fuel levy is insufficient to address its claims liability, consequently one of the plans (targets) included in the RAF’s Strategic Plan and Annual Performance Plan, which is specifically aimed at addressing the unpaid claims debt, is for the RAF to secure a finance facility for this short-term debt and (b) the securing of the finance facility to clear the backlog is targeted for the 2020/21 financial year.

03 September 2020 - NW1725

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Mabhena, Mr TB to ask the Minister of Transport

Whether any taxi rank in the Republic has been fumigated, disinfected and deep cleaned in the past three months; if so (a) what number of taxi ranks,(b) at what total cost to his department and (c) how were the specified taxi ranks selected? NW 2115E

Reply:

The Department did not procure any services for the disinfecting and cleaning of taxi ranks. This service has been decentralized and National Treasury has mandated Province and Local Authorities to utilise a percentage of allocated Grant Funding to procure COVID-19 related activities for transport industry. As such, the disinfecting and cleaning of taxi ranks is done at provincial and local level.

03 September 2020 - NW1805

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Nolutshungu, Ms N to ask the Minister of Transport

(1)(a) With what amount has his department sponsored the SA National Taxi Council over the past five financial years, (b) what was the money intended for and (c) to whom are they accounting for the use of the money; (2) whether he will furnish Mrs N J Nolutshungu with the financial statement of this money for the past five financial years?

Reply:

1. (a) With what amount has his department sponsored the SA National Taxi Council over the past five financial years,

2019/2020 – R23.8m

2018/2019 – R22.5m

2017/2018 – R21.3m

2016/2017 – R20.2m

2015/2016 – R19.2m

(b) What was the money intended for and,

These fundsare allocated to SANTACO every financial year based on the recommendations of the 1996 National Taxi Task Team (NTTT), which comprised of members from Provincial Departments, National Department and the Taxi Industry. The purpose of the funding is to assist SANTACO to cover operational costs and implement key NTTT recommendations such as:

  • Formalization of the Taxi Industry
  • Regulation and Control
  • Training and Capacity Building
  • Empowerment

(c) to whom are they accounting for the use of the money;

The use of the funds is accounted to the Department.SANTACO submits a Business Plan at the beginning of each financial year and based thereon a Memorandum of Agreement is entered into with the Department. The Agreement sets the expected deliverablesand milestones and funds are only transferred upon achievement thereof.These milestones require that reporting for expenditure on a monthly basis is in place. SANTACO has to provide audited financials for the previous year’s expenditure. In the absence of these requirements, funds are withheld until such time as the records are provided.

2) whether he will furnish Mrs N J Nolutshungu with the financial statement of this money for the past five financial years? NW2197E

The Department has no objection in sharing these documents.

03 September 2020 - NW1591

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Hunsinger, Mr CH to ask the Minister of Transport

What is the intention of the R2,5 billion transfer to Gauteng Freeway Improvement Project (e-toll) in the Adjustment Budget?

Reply:

The R2.53 billion (incl VAT) will be used for the funding requirements in the Toll Portfolio, which includes the shortfall on the collection of toll revenue from the Gauteng Freeway Improvement Project (GFIP) as well as the servicing of debt for the portfolio.