Questions and Replies

Reply:

The requested percentages are reflected below:

(a) Extortion - 61,82%.

(b) Kidnapping - 0%.

(c) Murder - 0%.

(d) Robbery - 0%.

(e) Cash-In-Transit - 0%.

Reply:

1. (a)&(b)

The performance of the manufacturing sector cannot be analysed in isolation. The decline in economic growth was influenced by a myriad of factors such as significant rise in load-shedding, challenges with rail networks and ports, as well as global dynamics such as the geopolitical tensions, trade wars between our trading partners. Also, investment levels by the public sector, private sector and households have been low relative to the trading partners.

In addressing some of the challenges cited above, Government through initiatives such as Operation Vulindlela, the National Logistics Crisis Committee, and the National Electricity Crisis Committee has embarked on stabilising the supply of electricity and address the country’s logistical challenges. As a result strong growth in fixed investment has been registered with gross fixed capital formation as a share of GDP improving from its lows of 13.2% in 2021 to 15.2% in 2023.

Further, the Department is in the process of developing an industrial policy strategy that is predicated on the importance of the manufacturing sector as a core element. The Industrial Policy will seek to bring higher levels of employment. The Industrial Policy will anchor targeted sectoral interventions to drive economic growth, jobs and inclusion through expansive projects focusing on new drivers of growth. It will also focus on building long term competitiveness in new sectors such as the digital and green economy. Interventions will focus on actions to support new investment, new product development, or industrial processes that support the digital transformation and green transition.

A suite of interlocking and cross-cutting tools will be deployed across the economy such as:

• A system of industrial finance and incentives to promote competitiveness, attract investments; support and create jobs and infuse technology and innovation.
• Leveraging Spatial and Industrial Infrastructure in order to decentralise economic activities. This points to the critical role of SEZs and Industrial Parks (IPs) programme and investment facilitation programme.
• Leveraging B-BBEE legislation to deepen transformation, broaden economic participation through enterprise and skills development programmes.
• Leveraging procurement to raise aggregate domestic demand and boost production for both local and export opportunities, creating jobs in the associated supply chains. Localisation is one of the identified strategic policy instrument to drive industrial development through induced demand.
• Regional integration and export led industrialisation to foster upward movement in global value chains, leveraging on the African Continental Free Trade Area (AfCFTA) and Preferential Trade Agreements.

(2) The Department provides support measures aimed at enhancing export readiness and creating market access opportunities, which also focusses on smaller manufacturing firms accessing global markets. In support of the South African economy transitioning to an export-oriented economy, the Department will expand and improve the effectiveness of current export support measures, as well as implement new export initiatives to facilitate the entry of additional exporters and further grow existing exports.

In the area of export development, the Department currently hosts awareness seminars in cooperation with provinces, aimed at profiling the opportunities linked to exporting and the support measures available to companies. The Department further undertakes training sessions as part of the Global Exporter Passport Programme (GEPP), aimed at upskilling exporters on international standards, compliance, and effective market entry strategies. Building on training initiatives, the department also selects qualifying companies to participate in the Partnering in Business with Germany mentoring programme. This programme, which is hosted in partnership with the German Federal Ministry for Economic Affairs and Climate Change, is designed to train and mentor emerging exporters from South Africa to access the German market.

In order to promote South African exports, the Department funds the participation of South African exporters in select international exhibitions and missions through the Export Marketing and Investment Assistance (EMIA) scheme. In this regard, companies receive financial support related to air tickets, subsistence, space rental, stand building, freight forwarding and marketing. These companies participate in international and local exhibitions with the aim of unlocking export opportunities in sectors such as Aerospace and Defence; Agro-Processing; Automotive; Boat Building; Cosmetics; Mining and Capital Equipment; Oil and Gas; Pharmaceuticals and Medical Devices; as well as Textiles, Clothing, Footwear and Leather to name a few.

The Department will in future implement export champions and export bridges programmes to facilitate greater participation of small firms in the export value chain.

-END-

Reply:

The Department did not meet the sectoral targets during the 2019/24 Medium-Term Strategic Framework (MTSF) period due to the following:

• Construction sector slow down and funding redirected to contribute to the Presidential stimulation package during the 2020/21 FY due to COVID 19.
• Cabinet introduced budget cuts amounting to R14.6 billion over the 2020 MTEF period.
• An amount of R92.106 million was redirected to eThekwini Metropolitan during 2022/23 financial year as a response to the disasters.

Reply:

The Minister was not aware of the office closure in Pienaar Msoqwaba in Mpumalanga however since this enquiry, the department confirmed the incidence. In terms of schedule of the constitution social development services (welfare) is a concurrent function where the province is responsible for the implementation of policies and rendering of service citizens. It is therefore the responsibility of the provinces and the community to ensure that services are rendered.

The national department engaged the Province to understand the incidence of closing the government office by the local community and we are currently monitoring the situation with the view to ensure that the situation is addressed.

In terms of the report from the province it is alleged that the security guards who were on duty on the particular night of 29 October 2024,reported that the unknown men armed with guns came at midnight, placed notices that the offices must not be occupied until their demands pertaining to opening of Youth Centres constructed by the Department in the area are operationalised and padlocked the entrance gates to prevent in and out access to the office.

The Mpumalanga Provincial Department of social development through the office of the HOD/MEC diagnosed the potential dangers posed by the faceless people who came over night to close the office, and have identified and engaged all relevant stakeholders to ensure that the office is opened and functional without any further escalation of disruptions.

Details:

(a) The offices have been closed since 29 October 2024 and is still not functioning.

(b) The office is not yet operational as they are negotiating with communities

Reply:

(a) I wrote to the Speaker of the National Assembly expressing my intention to withdraw the SABC Bill (B32-2023) because it failed to provide a credible and urgent funding model for the SABC, which is critical given the broadcaster’s severe financial challenges. The proposed approach in the Bill relied on outdated licensing structures and did not secure the resources needed for the SABC to fulfil its mandate effectively. Additionally, I was deeply concerned about provisions that risked undermining the broadcaster’s independence by granting the Minister excessive powers, including influence over board appointments—something I believe would erode media freedom.

By invoking Rule 334 of the National Assembly Rules, which allows the executive to withdraw bills before the second reading debate, I prioritised the urgent development of a robust and sustainable funding model. I did not believe that the current framework of the Bill would be sufficient to address the SABC’s long-term financial sustainability or protect its independence. Legislation without a practical and effective funding mechanism would not solve the broadcaster’s challenges and would merely delay meaningful solutions.

(b) To sustain the SABC while a new bill is being developed, I am focusing on creating a revised funding model that aligns with modern broadcasting realities. This includes:

Evaluating Existing Revenue Streams: Assessing the current funding mechanisms to identify what is working and what needs improvement.

Exploring Innovative Revenue Solutions: Investigating new ways to generate revenue, particularly those that leverage digital transformation and technological advancements.

Technical Assessments and Stakeholder Consultations: Working closely with stakeholders and conducting technical reviews to identify sustainable and practical funding strategies.

These steps will ensure that when the Bill is reintroduced, it includes clear and actionable provisions for a viable funding model. My goal is to secure the SABC’s financial independence, maintain its competitiveness, and strengthen its ability to serve all South Africans effectively.

AUTHORISED FOR SUBMISSION BY

_____________________

Mr Ali Mashishi

ACTING DIRECTOR-GENERAL

DATE:

RECOMMENDED/NOT RECOMMENDED

_______________________________

HON. MONDLI GUNGUBELE, MP

DEPUTY MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

DATE:

APPROVED/ NOT APPROVED

_______________________

HON. SOLLY MALATSI, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

DATE:

Reply:

(1) The National Department of Human Settlements was not aware of any evictions in the Umlalazi Local Municipality. The National Department of Human Settlements has engaged the Umlalazi Local Municipality to establish facts about the said evictions and the municipality has responded that the land that is owned by the municipality was invaded by persons who had illegally “bought” the land from person/s who are not the landowners. The illegal invaders started building illegal shacks on the land and the municipality approached the court for an eviction order which was granted. The municipality has also indicated that the illegal land invaders have their own homes/properties where they reside, and they wanted this land as a secondary property.

Reply:

Competition Policy in South Africa was developed and is being implemented in the context of a relatively highly concentrated economy. This flows from the legacy of the political economy of our recent past with profound implications for consumers (relatively high prices of specific goods and services and significant increases in prices of certain goods including food). In essence, South Africa’s competition policy seeks to achieve economic competition and transformation to realise inclusive growth.

Competition policy is key in the creation of a climate conducive to investments (where investors know that their investments will not be undermined by the anti-competitive behaviour of their rivals and other players upstream or downstream) and supporting the participation of Small and Medium Enterprises and firms owned by Historically Disadvantaged Persons.

1. the dtic is deploying its policy instruments to drive industrialisation (including global competitiveness of firms) without ignoring domestic economic imperatives like competition, transformation, innovation, and investments.
2. the dtic is not pursuing protectionist policies but a policy mix that takes into account the realities of our economy (concentrated, low levels of transformation, low levels of innovation, low levels of investments, etc.). As such, markets cannot fix these challenges on their own but require the agile deployment of regulatory instruments.
3. Finally, the benefits of competition policy to the South African economy are well documented including impact studies/other reviews on some of the market inquiries (e.g., Data Market Inquiry resulting in savings to the South African consumer in excess of R 2 billion, recent enforcement intervention by the Commission resulting in Johnson & Johnson abandoning its intentions to extend patents at a huge benefit for the fiscus and the economy on those drugs).

-END-

Reply:

(1) Memorandum of Understanding (MoU) and support to YIPA

The Youth in Property Association (YIPA) signed an MoU with the Social Housing Regulatory Authority (SHRA) in 2023. Through this partnership, SHRA provides pre-accreditation training and capacity-building support to YIPA members. One such entity, Eyabantu, formed by YIPA constituents, is currently receiving pre-accreditation support valued at R200,000. This assistance includes working with an appointed service provider to establish a fully accredited Social Housing Institution (SHI).

(a) Demand Surveys Conducted in Tshwane

As part of SHRA’s Municipal Support Programme, comprehensive demand studies have been conducted across Gauteng Province, including the City of Tshwane. These studies assess market potential within Tshwane's 19 Integration and Restructuring Zones. The results, detailed in a study conducted by Urban Studies in February 2023, show an annual demand for affordable rental housing ranging between 4,372 and 7,999 units, as detailed in the table below.

Table 1: City of Tshwane Market Demand Study for Affordable Rental Housing (Urban Studies, February 2023)

(b) Addressing the Social Housing backlog in Gauteng

Over the 2019-2024 Medium-Term Strategic Framework (MTSF) period, a total of 13,885 social housing units were completed nationally, with Gauteng accounting for 9,520 units (approximately 69% of total delivery).

In 2017, the national demand for social housing was estimated at 320,000 units, with 74% of the demand located in metropolitan municipalities and 26% in secondary towns and cities. This figure has likely increased due to demographic shifts and household growth. Additional demand studies, such as those completed for the West Rand District (2022), are ongoing in other areas, including Johannesburg, Ekurhuleni, and Emfuleni, to update backlog figures and refine project pipelines.

Currently, the supply of social housing is insufficient to meet the growing demand, averaging 2,785 units annually over the past decade. Addressing the backlog will require:

• Increased coordination among stakeholders.
• Alignment of provincial project pipelines.
• Reprioritisation of budgets to scale delivery within a programme that presently receives about 3% of the total Human Settlements Vote

(c) Land parcels identified for YIPA

Securing land parcels will depend on Eyabantu’s successful accreditation as a Social Housing Institution (SHI). Once accredited, acquiring land through offers to purchase (OTPs) or long-term leases will form part of the capital grant considerations.

Eyabantu has already identified and confirmed an OTP for properties located in Johannesburg Central. Additionally, the entity is actively screening other potential land development opportunities to expand its portfolio and support future housing initiatives.

Reply:

(a) The Minister of Human Settlements is aware of the orders placed against the illegal occupants who illegally occupy the Castle of Good Hope. It is the understanding of the Minister that the first order was issued on 29^th of July 2024 and a supplementary order was issued on the 20^th of September 2024. It is important to emphasize that the Minister of Human Settlements does not condone the illegal occupation of public or private property as happened in the Castle of Good Hope in the City of Cape Town. The Department of Human Settlements, through various Intergovernmental Relations Forums engages with the City of Cape Town on matters of Human Settlements and Emergency Housing in particular. The Minister has visited several areas in the city and provided grant funding through the metropolitan municipality to ensure that disadvantaged communities, especially the poor and landless communities have access to basic services.

Regarding the assurance that the evictees are provided with shelter, the supplementary order of the High Court of South Africa (Western Cape Division) dated the 20^th of September 2024 states categorically clearly that the City of Cape Town shall provide alternative accommodation in the form of a place at the City’s Safe Spaces being Safe Space 1, Safe Space 2or the Ebenezer Safe Space 3. The City of Cape Town has not registered with the department any difficulty in executing the order or any desire for support regarding the accommodation of the evictees.

Reply:

DRAFT REPLY

The Land Court Act, 2024 represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court is vested with expanded and enhanced jurisdiction when compared to its predecessor, the Land Claims Court. The Land Court Act is progressive in nature and requires the Court and the officials of the Court to expand their roles to include extensive legal research and legal case management.

The Judge President and (then Acting) Deputy Judge President have proposed to the Minister that the Court be strengthened from its current component of four permanent Judges (with one vacancy) to 12 permanent Judges over the next few years. The Court is currently comprised of Judge President Z Carelse (appointed by the President with effect 1 June 2024), Deputy Judge President S Cowen (who has acted in this capacity since May 2024 and was permanently appointed by the President with effect 1 December 2024. There are two further Judges who serve concurrently as Judges of the High Court. The Minister has supported the Judge President with the appointment of acting Judges in an existing vacancy and pro bono to enable the Judge President to build experience in the Court’s work.

An Interdepartmental Steering Committee was established on direction of the Director General (DG) of the Department of Justice and Constitutional Development (DoJ&CD) to assist with a needs assessment inclusive of the determination of the financial impact of the Act and draft regulations to ensure the successful implementation of the Act. The Office of the Chief Justice (OCJ), after consulting the Judge President and then Acting Deputy Judge President, provided a projected additional costing of R40 million per annum on the Court’s needs for the successful implementation of the Act to the Steering Committee, which costing envisaged an increased establishment to 12 permanent Judges and a research and support component that will enhance the efficiency of the court, provide a mediation budget, and ensure the Court’s ability to adopt CourtOnline, currently being rolled out nation-wide by the OCJ.

The Minister of Finance has, in accordance with the provisions of section 37(2) of the Land Court Act, 2023 provided his concurrence for the promulgation of the draft regulations, which included inter alia mediator fees and assessor fees, which concurrence was, however, based on the understanding that the financial implications associated with the implementation of the regulations will be funded in full from within existing departmental and entity budget baselines. The OCJ and the Department is assessing the feasibility of the impact of the implementation of the regulations on current baselines of all Stakeholder Departments, mindful in particular of the need to implement the commitment in the Land Court Act to mediation.

In the interim, and subject to budget constraints, the Judge Presidentand Deputy Judge President have sought to implement the Land Court Act by addressing four key areas:

i) Visibility and access to the court

The main seat of the Land court is in Randburg and is not visible nor easily accessible. The leadership of the Court has embarked on a program to engage Magistrates Courts as an access nodal. This will include, where appropriate, and training clerks at identified Magistrates Courts to provide basic contact information to people making enquiries of the Court. Further communications strategies are under consideration.

The leadership of the Land Court further is in the process of reaching out to all Divisions of the High Court with a view to enabling the Court to operate nationally by establishing a nodal access point in all High Courts with a trained judge and registrar at each division.

The Court is also engaging Legal Aid South Africa and Community Advice Offices South Africa (COASA) to provide a bridge between the Court and rural communities.

ii) Specialist Training

Land Court matters are specialist in nature and the court has commenced implementing a training program in conjunction with CAOSA and other stakeholders to educate legal professionals and community based paralegals. The leadership of the Court is considering specialist judicial training to empower aspirant Land Court Judges, to strengthen the skills of sitting Judges including High Court judges with an interest in land law. The Court, furthermore, supports training initiatives of its stakeholders, to date, Legal Aid South Africa and Pabasa.

iii) Backlog of dormant cases and case management

Within existing budget constraints, the court is piloting a project to address historical dormant matters through an audit process and engagements with its stakeholders (notably the Commission on Restitution of Land Rights, the Department of Rural Development and Land Reform, Legal Aid South Africa) and CAOSA, who in turn is engaging pro bono- service providers to enhance research capacity to reactivate these matters where appropriate.

.

Subject to constraints on judicial capacity, the Court is in process of placing all active matters under case management to facilitate their enrolment and finalisation.

iv) Modernisation and technology

The Court Online system went live in September 2024 with its first phase of roll out. The Court is rolling out the system considerate of the challenges faced by rural people in accessing data and technology. In the result, the leadership of the Court, with the support of the OCJ, is rolling out the system in a manner that seeks to emphasise rural access through eg training of Legal Aid practitioners, training paralegals and enabling community access.

Reply:

(a) The question relates to a wage bill in the Public Sector. The line department that has both competency and authority to provide information in relation to the question asked here is the Department of Public Service and Administration.

(b) The Member is kindly encouraged to please request the information from the Minister of Public Service and Administration.

Reply:

(1)(a)(i) A total of eight rented vehicles have been recorded to be involved in acts of crime such as kidnapping, robbery (smash and grab), murder and rape, for the period 1 April 2023 until 30 November 2024.

(1)(a)(ii) The number of car rental companies whose vehicles were involved, including the provincial breakdown of such, is as follows:

Eastern Cape: 1.

Gauteng: 1.

North West: 3.

Northern Cape: 1.

Western Cape: 2.

(1)(b) The companies’ names cannot be disclosed, as they have not been charged.

(2) Yes, criminals would appear to have determined that certain rental companies have less stringent requirements to rent out vehicles.

Reply:

(1) The non-achievement of the target can be attributed to human resource capacity constraints due to insufficient maintenance officers in the various courts. The Department is addressing capacity issues through a phased approach with the concurrence of the Department of Public Service and Administration (DPSA) depending on the availability of resources to fund these positions.

(2) The total number of maintenance officers in the employ of the Department of Justice and Constitutional Development is 173.

Reply:

(a)(i)(ii) A total of 37 municipal officials were murdered, in the past five financial years, with the provincial distribution reflected in the table below:

	2019/20	2020/21	2021/22	2022/23	2023/24	TOTAL
Eastern Cape	0	1	0	2	0	3
Free State	0	1	0	0	2	3
Gauteng	0	0	5	4	2	11
KwaZulu-Natal	3	3	3	5	3	17
Limpopo	0	0	0	0	0	0
Mpumalanga	0	0	0	1	1	2
North West	0	0	0	0	0	0
Northern Cape	0	0	0	0	0	0
Western Cape	0	0	0	1	0	1
Total	3	5	8	13	8	37

(b)(i)(ii) A total of 59 municipal councillors were murdered, in the past five financial years, with the provincial distribution reflected in the table below:

	2019/20	2020/21	2021/22	2022/23	2023/24	TOTAL
Eastern Cape	5	1	3	7	3	19
Free State	1	0	0	1	0	2
Gauteng	0	1	0	1	1	3
KwaZulu-Natal	4	3	7	5	2	21
Limpopo	1	0	0	1	1	3
Mpumalanga	0	0	0	2	3	5
North West	0	0	0	1	0	1
Northern Cape	0	0	0	0	0	0
Western Cape	1	0	2	1	1	5
Total	12	5	12	19	11	59

Reply:

In order to determine the overall amount spent over the last three fiscal years on water infrastructure maintenance, tanker hires, and other expenses, the department is gathering data with each province.

End.

 

Reply:

(1) All entities are required to develop and implement audit action plans under the oversight of the Audit Committee (AC)

These audit action plans are monitored by the AC who make recommendations to the accounting authorities on corrective actions

In quarterly submissions to National Treasury, entities are required to provide progress on the implementation of audit action plans

(2) Improved audit outcomes will form part of performance agreements for all Chief Executive Officers. This will also be included in Share Holder’s Compacts of Public Entities.

(1)	(a)	(b)	(c)	(2)
Government Pensions Administration Agency	The GPAA received an Unqualified audit opinion with emphasis of matters for the period 2023-24. This is the second-best audit opinion after the “Unqualified audit opinion without material findings”, colloquially called a “clean audit”. The National Treasury monitors the GPAA financial and non-financial performance on a quarterly basis together with all other Schedule 3A entities reporting to the Minister and government components. The Minister issues letters to each entity and government component such as the GPAA outlining specific matters related to the prior year audit which they are required to adhere to. These are monitored on a quarterly basis by the National Treasury to ensure that the entity or component remedies the situation.			The entity disclosed incurred irregular expenditure of R3 855 000 as it did not follow applicable procurement legislation. National Treasury will continue to monitor the irregular expenditure on a quarterly basis and report to the Minister.
Financial and Fiscal Commission	The FFC is a Chapter 9 institution in terms of the Constitution and therefore reports to the Office of Institutions Supporting Democracy. All audit related queries and action plans thereof are best addressed by the Speaker of Parliament due to the independence of the FFC from the National Treasury. While the FFC receives fiscal transfers from the National Treasury, it is an independent institution from the National Treasury and the Minister of Finance			The entity restated the corresponding figures for 31 March 2023 financial year because of an error in the financial statements. The entity further disclosed the provision of the surrender of surplus amounting to R16 717 156 (2022-23: R27 202 457).
GPAA	The entity disclosed incurred irregular expenditure of R3 855 000 as it did not follow applicable procurement legislation			National Treasury will continue to monitor the irregular expenditure on a quarterly basis and report to the Minister.
IRBA	The entity is involved in ongoing litigation regarding its authority to prescribe various fees in terms of the Auditing Professional Act 26 of 2005, as amended. The High Court had previously issued a judgement against the IRBA and an order for the IRBA to pass credits in respect of the relevant fees to affected registered auditors. The Board took the decision and the order on appeal to the Supreme Court of Appeal. The appeal was heard by the Appeal Court of appeal on 11 March 2024, with the judgement received on 22 July 2024. The appeal succeeded in part, with the court ordering the Board to, among other things, reconsider certain fee structures by March 2025. The Board’s decision following the judgement is reserved, as the judgement is still being consulted on and studied.			As a result, and due to the timing of the judgement, management is unable to reliably estimate the financial exposure.
Landbank	The Land Bank received an unqualified audit opinion for the year ended 31 March 2024. The reason as cited by the Auditor-General of South Africa for Land Bank not achieving a clean audit. The financial statements submitted for auditing were not fully prepared in accordance with the IFRS, as required by section 55(1) (b) of the PFMA. Material misstatements were identified on funds under administration, related parties, cash flow statement, commitments, segment reporting, insurance contracts and investments. The misstatements identified by the auditors in the submitted financial statement were subsequently corrected.			The National Treasury monitors the Land Bank financial and non-financial performance on a quarterly basis. Where the Land Bank does not perform well, the DDG writes a letter to the Land Bank indicating all areas of concern. The Land Bank audit remedial committee under the oversight of the Audit and Finance sub-committee of the Board has been reinstated and will focus on remediating all challenges identified during the audit process to implement appropriate internal control processes as well as ensuring that existing internal controls in the organisation remain intact
PIC	The PIC obtained an unqualified audit opinion with the following material findings: Unlisted investment was not approved in line with the Delegation of Authority (DOA), and a subsequent approval request was requested by the governance committee that did not authorise the initial Transaction. The indicator nor the targets were not clearly defined for some of the objectives selected for audit and there was no approved technical indicator description. The PIC incurred an irregular expenditure amounting to R1,151 000, because of overpayments in bonuses, and acting allowance in non-compliance with the remuneration policy			The PIC has taken actions to capacitate the relevant employees. Where there is a need for further disciplinary action this will be pursued against the relevant employees. The PIC will also implement continuous training for all employees involved in the investment process. This will ensure employees fully understand and adhere to all policies and standard operating procedures.

Reply:

(1) The Municipal Systems Act, 2000 empowers the Minister to make regulations or issue guidelines setting uniform standards for municipal staff systems and procedures. To ensure good governance, the Municipal Systems Act, and its Regulations oblige municipalities to submit reports on appointment processes and outcome of senior managers to the MECs for local government and the Minister who must exercise oversight over such appointment processes to ensure compliance with procedures as prescribed.

The below responses are based on information submitted by Provinces -

(a) Since 1 January 2024, there are nineteen (19) municipalities with acting municipal managers while six (6) municipalities with vacant municipal managers positions requested the MECs for local government in the province to second suitable persons in terms of section 54A (6) (a) of the Municipal Systems Act, to act in the advertised position until such time as a suitable candidate has been appointed.

(b) The further relevant details of each specified position are as follows: -

Province	Municipality	Detail/ Status of Recruitment	Acting/ Secondment/ Appointment
Eastern Cape	Alfred Nzo DM	Recruitment process is underway	Acting incumbent
	Nelson Mandela Bay Metro	The current City Manager is on suspension	Secondment
KwaZulu-Natal	Ugu DM	MEC letter supporting the appointment has been issued to the Municipality. MEC did not support the appointment due to the exceeded timeframes. The Municipality is yet to take remedial action.	Secondment
	Umdoni LM	The post was advertised with a closing date of 22 November 2024.	Acting incumbent
	Umzumbe LM	MEC letter supporting the appointment has been issued to the Municipality. The candidate will assume duties on 1 January 2025.	Secondment
	Amajuba DM	The post was advertised with a closing date of 14 October 2024.	Acting incumbent
	Edumbe LM	Shortlisting was conducted on 9 December 2024. Vetting process is underway.	Acting incumbent
	Nongoma LM	Council appointed MM in December 2024, however the appointed candidate attained basic competency outcome and as such, the MEC cannot support the appointment.	Acting incumbent
	Jozini LM	The shortlisting was held on 14 November 2024. The Municipality is in the process of subjecting recommended candidates to competency-based assessments.	Acting incumbent
	uMfolozi LM	The shortlisting was conducted on 13 December 2024. Interviews not yet confirmed.	Acting incumbent
	Umhlathuze LM	The post was advertised on 23 December 2024 with closing date of 20 January 2025.	Acting incumbent
Free State	Letsemeng LM	Recruitment process will resume in January 2025	Acting incumbent
	Kopanong LM	The municipality announced the appointment on 03 December 2024, the MEC is awaiting the appointment report to assess compliance with Appointment Regulations	Appointment finalised, no Acting incumbent
	Tokologo LM	The Municipality is in the process of conducting interviews	Acting incumbent
North West	Bojanala DM	Recruitment process has been finalised, awaiting the municipal council to appoint.	Appointment finalised. No Acting incumbent
	Madibeng LM	Shortlisting was scheduled to take place on 4 and 5 December 2024	Acting incumbent
	Lekwa Teemane LM	Recruitment process is underway	Acting incumbent
Gauteng	Midvaal LM	The post was advertised with the closing date of 18 December 2024.	Acting incumbent
Mpumalanga	Mkhondo LM	Shortlisting was finalised by the municipality on 1 October 2024 and interviews were conducted on 12 December 2024. Awaiting the Municipal Council to make an appointment.	Appointment finalised. No Acting incumbent
Limpopo	Ba-Phalaborwa LM	The post has not been advertised yet by the municipality	Acting incumbent
	Thabazimbi LM	The municipality was placed under section 139. The MEC has seconded an official from Limpopo COGHSTA to support the municipality	Secondment
Western Cape	Theewaterskloof LM	The post was advertised with the closing date of July 2024. The Municipality is experiencing severe governance issues.	Acting incumbent
	George LM	Municipality is in the process of finalising the appointment.	Appointment finalised. No Acting incumbent
	Knysna LM	The Municipality announced appointment on 22 November 2024. MEC is awaiting the appointment report to assess appointment on compliance with Appointment Regulations	Appointment finalised. No Acting incumbent
	Prince Albert LM	Recruitment process is underway	Acting incumbent
Northern Cape	Magareng LM	The municipality advertised the post and followed the recruitment, selection and appointment processes. However, after the MEC assessed the appointment report it was not in compliance with Appointment Regulations. Thus, the Municipal council could not resolve on the appointment.	Acting incumbent
	Hantam LM	The municipality advertised the post and followed the recruitment, selection and appointment processes. However, after the MEC assessed the appointment report it was not in compliance with Appointment Regulations. Thus, the Municipal council could not resolve on the appointment.	Secondment
	ZF Magcawu DM	The municipal Council appointed the Municipal Manager effective 1 December 2023, and the Municipal Manager resigned on 5 December 2023. Recruitment process is underway.	Acting incumbent
	Renosterberg LM	The municipality advertised the positions in August 2024 the recruitment is at an advanced stage.	Acting incumbent
	Kheis LM	Municipal Council took a resolution to request for support in terms of section 154 of the Constitution. Northern Cape COGTA seconded a person who will provide support to the municipality until the municipality fills the position.	Secondment
	Thembelihle LM	The appointment was concluded in December 2024. Council resolved to appoint from 1 January 2025.	Appointment finalised, No Acting incumbent

(c) The period each municipal manager has been acting is as follows:

Province	Municipality	Acting period
Eastern Cape	Alfred Nzo DM	1 September 2024 – To date
KwaZulu-Natal	Umdoni LM	04 October 2024 – To date
	Amajuba DM	12 September 2024 – To date
	Edumbe LM	1 September 2024 – To date
	Nongoma LM	1 September 2024 – To date
	Jozini LM	1 August 2024 – 30 December 2024
	Mfolozi LM	1 September 2024 – To date
	Umhlathuze LM	1 December 2024 – To date
Free State	Letsemeng LM	18 October 2024 – To date
	Tokologo LM	1 December 2024 – To date
North West	Madibeng LM	30 August 2024 – To date
	Lekwa Teemane LM	1 August 2024 – To date
Gauteng	Midvaal LM	1 December 2024 – To date
Limpopo	Ba-Phalaborwa LM	9 October 2024 – To date
Western Cape	Theewaterskloof LM	1 July 2024 to 30 October 2024 and was renewed for another 3 months
	Prince Albert LM	1 September 2024 To date
Northern Cape	Magareng LM	1 November 2022 – To date Acting appointment is being renewed every 3 months.
	ZF Magcawu DM	5 December 2023 – To date
	Renosterberg LM	1 August 2024 – To date

End.

Reply:

1. GAUTENG

TOTAL NUMBER OF SOCIAL WORK PROFESSIONALS: SOUTHERN CORRIDOR
YEAR		a)ROBBED	HIJACKED	ASSAULTED	ASKED TO PAY PROTECTION FEE
2019		0	0	5	0
2020		0	0	0	0
2021		2	0	0	0
2022		0	1	0	0
2023		0	0	1	0
2024		0	0	2	0
TOTAL		2	1	8	0
TOTAL NUMBER OF SOCIAL WORK PROFESSIONALS: CENTRAL CORRIDOR
YEAR	ROBBED		HIJACKED	ASSAULTED	ASKED TO PAY PROTECTION FEE
2019	1		0	1	0
2020	0		0	0	0
2021	0		0	1	0
2022	0		0	2	1
2023	0		1	8	0
2024	1		0	7	1
TOTAL	2		1	19	2
TOTAL NUMBER OF SOCIAL WORK PROFESSIONALS: WESTERN CORRIDOR
YEAR		ROBBED	HIJACKED	ASSAULTED	ASKED TO PAY PROTECTION FEE
2019		0	0	0	0
2020		0	0	0	0
2021		0	0	0	0
2022		1	0	0	0
2023		3	0	0	0
2024		2	0	1	0
TOTAL		6	0	1	0
TOTAL NUMBER OF SOCIAL WORK PROFESSIONALS NORTHERN CORRIDOR
YEAR	ROBBED		HIJACKED	ASSAULTED	ASKED TO PAY PROTECTION FEE
2019	0		0	1	0
2020	3		4	0	0
2021	0		0	0	0
2022	1		1	1	0
2023	2		1	1	0
2024	1		0	0	0
TOTAL	7		6	3	0
TOTAL NUMBER OF SOCIAL WORK PROFESSIONALS: EASTERN CORRIDOR
YEAR	ROBBED		HIJACKED	ASSAULTED	ASKED TO PAY PROTECTION FEE
2019	0		2	2	0
2020	0		0	1	0
2021	1		0	0	0
2022	1		0	1	0
2023	3		0	6	0
2024	4		1	5 (Bitten by dog 1)	0
TOTAL	9		3	15	0

SUMMARY OF DATA FROM ALL FIVE CORRIDORS
Robbed Cases	26
Hijacked Cases	11
Assaulted cases	46
(d) Protection fee cases	2
Total	85

1. NORTHERN CAPE

TYPE	Namakwa	Frances Baard	JT Gaetsewe	Pixley Ka Seme	Z F Mgcawu	Total
Assault	1	0	1	0	1	3
Robbed	0	0	0	0	0	0
(c) Hijacked	0	0	0	0	0	0
Ask for a protection fee	0	0	0	0	0	0
Intimidated /threatened/harassed	9	4	7	0	11	31

The abovementioned challenges experienced by Social Workers have a negative effect on their emotional well-being and hinder effective service delivery to the most vulnerable families and communities. The violent community environment predisposes Social Workers to danger and thus some of them may end up resigning, which will have an adverse effect on the human resource capacity of the department to render comprehensive social services.

Social Workers deal with individuals who abuse alcohol and substance, suffer from mental disorders, parents who are unable to care for their children due to various reasons, children who have committed offenses, display aggressive and challenging behaviour, etc and many times do not cooperate and demand services from Social Workers which are beyond their scope of service or practice.

Security measures need to be put in place to protect and promote the well-being of Social Workers like installing panic buttons in their offices and developing armed response strategies with security companies to assist those officials exposed to dangers when driving government vehicles.

The Employee Health and Wellness Program is available and thus needs to be strengthened in all Districts to provide emotional support/ debriefing to Social Work Professionals.

3) WESTERN CAPE

(a)(b)(c) 41 incidents

Breakdown

6 : robbery/assault/threats

35 : hijacking and attempted hijackings.

(d) 1

EC, FS, KZN, LP, MP, NW

No response

At the time of responding to this question the above Province did not provide responses as requested but National department is making a follow up to complete the equation.

Reply:

1. Yes, the national treasury has internal departmental controls to ensure that all invoices are paid within the prescribed period. NT has internal standard operating processes and procedures for invoice management. The process and procedures are revised as and when needed and communicated to the internal staff and suppliers. The latest processes and procedures were approved by the Acting Chief Financial Officer on 12 August 2024.
2. National Treasury reports monthly to the accounting officer and executive authority through section 40 of the PFMA the status of invoice payment. NT did not encounter any invoices paid later than 30 days as from 1 April 2024 to date.

Reply:

Response to all questions [(a)(i)(ii),(b),(c) and (d)]:

Across the country, there are 271 blocked projects comprising of 262 blocked projects for BNG housing units, and 9 distressed Social Housing projects. These projects face diverse challenges ranging from contractor abandonment to infrastructure shortages and social disputes. The most severely impacted provinces include KwaZulu-Natal, Free State, and North West, with substantial financial allocations already committed, particularly in KwaZulu-Natal, where over R5.8 billion has been budgeted. This information is according to what the provinces had presented during an engagement with the portfolio committee on Human Settlements held on 22 November 2024.

Provincial Analysis

Eastern Cape

(a) i. Number of blocked projects: 16 blocked projects.

ii. Number of distressed Social Housing: 1

(b) Reasons for blocked projects:

• Poor contractor performance.
• Lack of municipal bulk infrastructure.

(c) Financial implications: Approximately R1.6 billion for blocked projects.

(d) Actions to be taken: The province will use framework agreements to appoint skilled professionals and contractors to expedite the completion of these projects.

Free State

(a) i. Number of blocked projects: 60 blocked projects.

ii. Number of Distressed Social Housing: 1

(b) Reasons for blocked projects: Contractors abandoned projects after receiving trench payments.

(c) Financial implications: Not specified.

(d) Actions to be taken: Site verifications will be conducted, and municipalities will collaborate to resume construction in phases.

Gauteng

(a) i. Number of blocked projects: 45 blocked projects.

ii. Number of distressed Social Housing: 3

(b) Reasons for blocked projects: Projects were abandoned by contractors.

(c) Financial implications: Not specified.

(d) Actions to be taken: Structural assessments have been completed at a cost of R18 million, and an implementation plan has been put in place to restart the projects with 126 units, with construction designs undertaken.

KwaZulu-Natal

(a) i. Number of blocked projects: 46 blocked projects.

ii. Number of distressed Social Housing: 2

(b) Reasons for blocked projects:

• Social resistance.
• Bulk infrastructure challenges.
• Land invasions.
• Financial mismanagement.

(c) Financial implications: Approximately R5.8 billion for blocked projects.

(d) Actions to be taken: The province has finalized an implementation plan and is actively engaging stakeholders to resolve the challenges.

Limpopo

(a) i. Number of blocked projects: 27

ii. No distressed projects

(b) Reasons for blocked projects:

• Poor contractor performance.
• Demands from business forums.
• Inaccessible terrain.

(c) Financial implications: Not specified.

(d) Actions to be taken: Structural audits will be conducted to 1 500 units, and new contractors will be appointed to continue the work. The Province has committed to construct 305 units in the 2024/2025 financial year, with a budget of R7.9 million.

Mpumalanga

(a) i. Number of blocked projects: 2 blocked projects.

ii. Number of distressed Social Housing: 2

(b) Reasons for blocked projects:

• Lack of municipal bulk infrastructure.
• Illegal ground-floor occupations.

(c) Financial implications: Not specified.

(d) Actions to be taken: Plans to evict illegal occupants and restore site viability are in progress.

Northern Cape

(a) i. Number of blocked projects: 8 blocked projects.

ii. No distressed projects

(b) Reasons for blocked projects: Contractors abandoned the projects.

(c) Financial implications: R113 million for blocked projects.

(d) Actions to be taken: New contractors will be appointed to finalize the projects.

North West

(a) i. Number of blocked projects: 48 blocked projects.

ii. No distressed projects

(b) Reasons for blocked projects:

• Misappropriation of funds by municipalities.
• Escalating material costs.

(c) Financial implications: Not specified.

(d) Actions to be taken: Structural conditions are being assessed, and funds will be reallocated to ensure completion.

Western Cape

(a) i. Number of blocked projects: 10 blocked projects.

ii. No distressed projects

(b) Reasons for blocked projects:

• Delays in beneficiary approvals.
• Contractor inefficiencies.
• incomplet documentation.

(c) Financial implications: R256.64 million for blocked projects.

(d) Actions to be taken: Beneficiary records will be updated, and pending approvals will be expedited.

Reply:

The Minister of Public Works and Infrastructure:

1. The property is under the custodianship of Provincial Public Works.
2. (a) Four (4) properties were identified for repurposing by the Department.

• 230 Dr Pixley Ka Isaka Ka Serne Street, (CGO Buiding)
• 98 Mahatma Gandhi Street, (Stability Unit, SAPS)
• 87 Peter Mokaba Road, (Excelsior Court)
• 240 Stalwart Simelane Street, (Natalia Court)

(b) All these properties have been included in the MOU that was signed between NDPWI, PPW and eThekwini Metro.

(i) The identified properties are earmarked to go through the Refurbish Operate and Transfer (ROT) programme.

(ii) The properties are in the process of being advertised.

_________________________

MR. D MACPHERSON, MP

MINISTER OF PUBLIC WORKS AND INFRASTRUCTURE

DATE:

 

Reply:

(2)(a) The plan of action entails amongst others joint operations within the hotspot areas and swift reaction to all known and reported complaints relating to illegal mining of any kind, including sand mining across the country, including Gauteng. (b) The enforcement officers are distributed evenly across the country, with a minimum of 3 inspectors allocated to attend to complaints at any given time. A total of 20 inspectors are dedicated to attend to matters relating to illegal mining across the country.

(5)(a) The department, SAPS (including other law enforcement agencies), Department of Water and Sanitation, other government departments including local municipalities are part of Mine Crime Combatting Forums as well as Task Teams attending to all mining related crimes including illegal mining. (b) These platforms have led to better cooperation and coordination in attending to illegal mining, and unauthorised use of water.

Reply:

The SABC Bill faces criticism for failing to address the broadcaster’s urgent financial challenges.

It lacks a credible funding model, instead proposing a three-year delay to develop one, while retaining an outdated licensing structure that cannot sustain the SABC’s mandate.

Concerns have also been raised about the Bill granting the Minister of Communications greater powers, including influence over board appointments, which could undermine the broadcaster’s independence at a time when media freedom is crucial.

Given these flaws, amending the Bill is deemed insufficient.

The focus must shift to developing a sustainable funding model to ensure the SABC’s financial stability, independence, and ability to serve all South Africans.

Withdrawing the Bill under National Assembly Rule 334 allows for a fresh start to build a stronger, more resilient public broadcaster.

Following my letter to the Speaker of the National Assembly informing her of my intention to withdraw the SABC Bill, which was widely welcomed by industry experts and media partners alike, I have further engaged the Portfolio Committee on Communication and Digital Technologies on the way forward.

We will work with the portfolio committee to separate the Bill’s non-contentious elements from those needing refinement to create a revised Bill that meets both broadcaster and public expectations.

A key priority is finalising the audio-visual content policy, ensuring the Bill is built on a strong, forward-thinking foundation. This will be an inclusive process, with deep collaboration across industry professionals, civil society, and experts, ensuring we integrate local and international best practices to modernise the SABC.

AUTHORISED FOR SUBMISSION BY

_____________________

Mr Alfred Mashishi

ACTING DIRECTOR-GENERAL

DATE:

 

RECOMMENDED/NOT RECOMMENDED

_______________________________

HON. MONDLI GUNGUBELE, MP

DEPUTY MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

DATE:

APPROVED/ NOT APPROVED

_______________________

HON. SOLLY MALATSI, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

DATE:

Reply:

(a) During the period from 09 July 2024 to 03 December 2024, the erstwhile Minister of Justice and Constitutional Development (Ms Thembi Simelane, MP) undertook twenty-one (21) official trips and of these three (3) were international trips at the cost of R471 949.39 and the remaining eighteen (18) trips were domestic trips amounting to R173 490.45.

Minister’s international trips she was accompanied by the Spokesperson: Mr Tsekiso Machike and the Minister’s Advisor: Adv. NF Mokhatla, the total cost for the support staff amounted to R325 644.71 for the Spokesperson and R199 323.49 for the Minister Advisor.

(b) The Deputy Minister during the period from 03 July 2024 to 09 December 2024 undertook twenty-seven (27) trips which were only domestic trips. The travel expenses amounted to R183 970.23.

In some of these trips the Deputy Minister was accompanied by the Personal Assistant: Ms Nomusa Ntuli and Parliamentary Officer: Mr Blendynn Williams. The travelling cost for the support staff amounted to R55 110.13 for the Personal Assistant and R26 907.35 for the Parliamentary Officer.

Reply:

No. The Ministry was not notified that the Msunduzi Local Municipality employees received salaries while they were in jail. When the Department inquired about this matter, the municipality requested specific details regarding the employees involved. They asked for the names, surnames, identity numbers, the departments in which the employees work, and the dates when these employees were jailed. This information was needed to verify the authenticity of the allegations.

End.

Reply:

The National Treasury undertook studies in the Eastern Cape, Northern Cape, North West and the Gauteng Province (the study excluded metros and district municipalities). The studies included an understanding of economic viability and financial viability. Each municipality functions in a specific context that defines its economic viability. This context includes, inter alia: population, income profile, employment profile, size and structure of economy, and land use.

Note: for the purposes of this study, economic viability is defined as the current potential for local economic activity to generate municipal revenue equitably and over time, aggregated to the municipal area.

The financial viability of a municipality can be measured by a wide range of indicators. At its heart, financial viability is determined by the extent to which revenues (both own revenues and transfers) balance or exceed expenditures equitably and over time.

Additionally, the National Treasury developed a socio-economic profiling tool to gage the customer base of municipalities. This tool can be updated annually to be relevant. The tool can be accessed on the GoMuni portal on the link: https://lg.treasury.gov.za/ibi_apps/portal/Municipal_Socio_Economic_Profiles

(a) Unfortunately, the study was static for the four provinces for the periods 2018/19 and 2020/2021 financial years. It is the National Treasury’s intention to develop a tool that can be updated annually to assist in budget assessments in the future.

(b) The following are the findings:

i) Key findings from indicator analysis

Variability in economic viability explains about half of the variability in financial viability. Put differently, about half of the variability in financial viability that is observed between municipalities is due to factors other than economic viability.

The study found that when controlling for measures of economic viability, there are some municipalities that are more financially viable than others. The study hypothesizes five factors that may influence the extent to which a municipality was able to be financially viable, given its economic viability. There are not widely accepted indicators to assess these mediating factors and data is often poor. As a result, the study was not able to quantify how much each mediating factor impacts financial viability in a given context.

There are many factors that were not included in this analysis that mediate between economic viability and financial viability. These often cannot be easily measured and quantified and include factors such as political stability and the functioning of the political/ administrative interface.

The composite economic and financial viability scores were used to categorise municipalities based on the relative strength of their financial performance, given their context (or economic viability). Twenty-seven municipalities are classified as weak financial performers, given their contexts.

ii) Key findings from the property revenue model

The results of the two property revenue models which estimate potential revenue for both residential and commercial property types indicate a significant shortfall between what municipalities could theoretically generate given their economic, geographic and demographic characteristics, and actual reported revenue. When adopting a ‘maximalist’ modelling approach which does not take into account idiosyncratic constraints such as communal land ownership, the observation is that this shortfall at provincial level is somewhere between 30 per cent and 50 per cent. An alternative, ‘minimalist’ modelling approach which only considers households living in formal housing within proclaimed residential townships, finds a shortfall in residential property revenue ranging from 15 per cent to 32 per cent. The study’s findings with regards to municipal viability, assumed the ‘maximalist’ approach.

iii) Key findings from the viability model

The results of the viability model suggest that economic viability is not a binding constraint on financial viability, although poor economic viability does make financial viability more difficult to achieve. This finding is based on the fact that, keeping their economic viability fixed, some municipalities that were analysed using the viability model can be financially viable under a set of assumptions related to improved fiscal effort and relative levels of expenditure.

This is not to say that the changes required to achieve financial viability are simple. It will take sustained effort and, in many cases, support and investment to achieve financial viability over time. There are few quick fixes to solving the financial viability challenges that many of these municipality’s face.

Important to bear in mind that the findings are dependent, at least in part, on the assumptions made in the viability model, particularly on the expenditure benchmarks applied. There are not good, widely accepted cost benchmarks in place for most municipal functions and there may be underlying reasons why municipalities spend more or less than a benchmarked expenditure.

The study did not comment on the adequacy of the operating surpluses generated, specifically whether they are sufficiently large to finance capital expenditure needs in municipalities and thus ensure viability over the long term. Findings were for a single financial year (2018/19), within a specific national and regional economic context, and a specific legislative and institutional environment. There are broad trends in the municipal environment that may make financial viability more difficult over time and these should be monitored.

Reply:

DRAFT REPLY

(a) The Norms and Standards for the performance of judicial functions. issued by the Chief Justice in terms of section 8 of the Superior Court Act, 2013 read with section 165(6) of the Constitution, seek to achieve the enhancement of access to quality justice for all, to affirm the dignity of all users of the court system and to ensure the effective, efficient and expeditious adjudication and resolution of all disputes through the courts, where applicable.

In addition, the amendment of the Uniform Rules of Court, with the inclusion of Rules regulating Judicial Case management was gazetted in 2019 to alleviate congested trial rolls and to address the problems which cause delays in the finalisation of cases. Practice Directives were issued in all Divisions of the High Court to regulate the implementation thereof.

The Court Online system has been introduced in the Superior Courts to ensure electronic filing to enhance access to the people of South Africa, whilst increasing efficiency and reducing paperwork. The System is fully functional in the Gauteng Division of the High Court, the Western Cape Division of the High Court, the Labour Court and the Land Court. Further roll out to all other Divisions is in progress.

Notwithstanding the process improvements, the shortage of Judges is affecting the efficiency of operations in the Superior Courts. This is however a macro policy matter that falls within the ambit of both the Executive and Judiciary as Arms of the State. The Minister responsible for the administration of justice in line with the Constitution, has already embarked on a process of the rationalisation of areas under the jurisdiction of the Divisions of the High Court of South Africa as well as the review of the judicial establishments, led by the former Deputy Chief Justice Moseneke. 

(b) The Leadership of the Division has met with the Minister of Constitutional Development and the Deputy Minister to explore options at resolving the situation affecting both Gauteng Divisions. It was agreed that the Division Leadership would explore mediation as an option and to this end the necessary meetings have been held with the Mediation Associations. The framework of how this will work is being considered. The Leadership of the Division however proposed that, in the interim and whilst awaiting the final report of the Moseneke Committee, the Minister consider allowing the Division to appoint additional Acting Judges to be dedicated to the Civil trial rolls with a view to arresting the backlog escalation. The Minister requested time to consider this proposal.

Reply:

(a) Monitoring Systems the Department Developed to Ensure Performance Against Set Targets and Prevent Delays in Delivering Houses.

The Department conducts an assessment of provincial annual performance plans (APPs) prior to tabling before the relevant legislatures and provides feedback to the provinces. The purpose is to ensure that provincial APPs incorporate the targets aimed at accelerating housing delivery, thereby reducing the housing backlog.

The performance on the set targets is monitored quarterly through the Department of Planning, Monitoring and Evaluation (DPME) electronic quarterly reporting system (eqprs) and feedback is provided to the provinces for corrections, if necessary, before their submission to the Offices of the Premier and the DPME.

In respect of performance by the sector, the Department enhanced monitoring systems as noted below:

Monitoring and Evaluation Framework

The Department conducts quarterly oversight visits and performance reviews across all provincial departments, metropolitan municipalities, and entities within the human settlements sector. These visits focus on analysing progress, identifying challenges, and implementing corrective measures to enhance service delivery.

Additionally, the Department has implemented a digital dashboard system to track real-time performance data. This tool enables early identification of underperformance and facilitates prompt intervention by decision-makers.

The Department also monitors grant performance across provinces, metros, and entities, in particular, the Human Settlements Development Grant (HSDG), the Informal Settlements Upgrading Partnership Grant (ISUPG), and the Urban Settlement Development Grant (USDG) by:

• Analysing monthly and quarterly performance information submitted by provinces.  
• Holding quarterly performance review meetings.  
• Conducting quarterly structured project-level monitoring visits.  
• Performing ad-hoc project verification visits by project management specialists.  

The monitoring of grants further strengthens the DHS's oversight and ensures effective and efficient utilization of grant funds.

Monitoring Systems for Reporting by the Provinces and Metros

The Department has introduced structured Quarterly Provincial, Municipal, and Human Settlements Entities Performance Review Sessions. These sessions bring together key stakeholders to assess the performance of all entities against their annual targets. The sessions reconcile reported data, ensure accountability, and address any deviations in delivering housing projects.

The Department’s entities are further supported through the Technical MinMec, a sectoral committee that deliberates on technical and administrative matters before presenting recommendations to the Human Settlements MinMec. This platform allows for in-depth discussions on sector challenges and provides a cooperative environment to develop solutions that prevent delays in the housing delivery process.

Strengthening Sector Oversight

The Department works closely with the Auditor-General to address audit findings and has developed an Audit Action Plan to mitigate identified risks. This plan is monitored through monthly meetings with provinces and metros to ensure its implementation and adherence to governance standards.

Collaboration and Capacity Building

The Department continues to provide support to provinces and municipalities to build capacity and strengthen their project planning and implementation capabilities. This includes technical support, training sessions, and sharing of best practices from successful housing delivery projects.

Through these measures, the Department is committed to reducing the housing backlog and ensuring that all entities under its portfolio deliver on their mandates efficiently and effectively.

(b) Monitoring Systems the Department Developed to Ensure Performance by the Entities Against Set Targets and Prevent Delays in Delivering Houses.

As part of the enhancement of monitoring activities, the Department now requires entities to confirm that quarterly reports have been subjected to a quality assurance process to provide comfort about the level of integrity of reported information. In the 2023/24 financial year, the Department consolidated sector performance review sessions to include Human Settlements entities quarterly. This is in line with the Intergovernmental Relations Framework. This is an enhanced monitoring approach as it provides a platform for the resolution of inter-sectoral challenges, considering the fact that human settlements are a concurrent function. In addition, the enhanced Shareholder Compact requires entities to achieve a minimum performance of 80% on their APP targets failure to that their Accounting Authorities have to provide reasons for such performance and recovery plan with timelines to the Executive Authority. This is another effort to ensure that entities are monitored and held accountable for poor performance.

Reply:

The Spatial Planning and Land Use Management Act (SPLUMA) of 2013 aimed to provide a framework for spatial planning and land use management in South Africa. However, as you mentioned, some municipalities have had certain provisions declared unconstitutional. To enforce zoning by-laws, municipalities may consider the following options:

1. Amend by-laws: Municipalities can review and amend their zoning by-laws to align with the remaining constitutional provisions of SPLUMA and other relevant legislation.

2. Use remaining SPLUMA provisions: Municipalities can continue to use the remaining provisions of SPLUMA that have not been declared unconstitutional.

3. Rely on other legislation: Municipalities can rely on other relevant legislation, such as the Municipal Systems Act and the National Environmental Management Act, to enforce zoning by-laws.

4. Develop new by-laws: Municipalities can develop new zoning by-laws that comply with the Constitution and relevant legislation.

It is essential for municipalities to seek legal advice and consult with relevant stakeholders to ensure that their zoning by-laws are enforceable and compliant with the law.

End.

Reply:

1. Yes, the Department has had a number of engagements with the Department of Higher Education (DHET). However, it is worth-noting that section 45 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007), places a legal obligation on all employers of persons working directly with vulnerable persons to apply to the Registrar of the National Register for Sex Offenders (NRSO) for a prescribed certificate stating whether or not the particulars of the employee are recorded in the Register. This provision also applies to DHET and all its institutions of higher learning, and it expressly requires them to take all necessary steps to ensure compliance with law, as failure to do so amounts to a crime.
2. In 2023, the Department partnered with DHET to sensitise the institutions of higher learning on processes to be followed when applying for the vetting of their employees and other relevant functionaries against the NRSO. The DHET and its institutions further committed to draft individual readiness plans to ensure optimal compliance with section 45 of the Act.
3. The briefing meetings and workshops with DHET and the institutions of higher learning are ongoing, and in this financial year, the following sessions have been held:

(1)	(a)	(b)	(c)	(2)
Government Pensions Administration Agency	The GPAA received an Unqualified audit opinion with emphasis of matters for the period 2023-24. This is the second-best audit opinion after the “Unqualified audit opinion without material findings”, colloquially called a “clean audit”.   The National Treasury monitors the GPAA financial and non-financial performance on a quarterly basis together with all other Schedule 3A entities reporting to the Minister and government components. The Minister issues letters to each entity and government component such as the GPAA outlining specific matters related to the prior year audit which they are required to adhere to. These are monitored on a quarterly basis by the National Treasury to ensure that the entity or component remedies the situation.			The entity disclosed incurred irregular expenditure of R3 855 000 as it did not follow applicable procurement legislation. National Treasury will continue to monitor the irregular expenditure on a quarterly basis and report to the Minister.
Financial and Fiscal Commission	The FFC is a Chapter 9 institution in terms of the Constitution and therefore reports to the Office of Institutions Supporting Democracy.   All audit related queries and action plans thereof are best addressed by the Speaker of Parliament due to the independence of the FFC from the National Treasury. While the FFC receives fiscal transfers from the National Treasury, it is an independent institution from the National Treasury and the Minister of Finance			The entity restated the corresponding figures for 31 March 2023 financial year because of an error in the financial statements. The entity further disclosed the provision of the surrender of surplus amounting to R16 717 156 (2022-23: R27 202 457).
GPAA	The entity disclosed incurred irregular expenditure of R3 855 000 as it did not follow applicable procurement legislation			National Treasury will continue to monitor the irregular expenditure on a quarterly basis and report to the Minister.
IRBA	The entity is involved in ongoing litigation regarding its authority to prescribe various fees in terms of the Auditing Professional Act 26 of 2005, as amended. The High Court had previously issued a judgement against the IRBA and an order for the IRBA to pass credits in respect of the relevant fees to affected registered auditors. The Board took the decision and the order on appeal to the Supreme Court of Appeal. The appeal was heard by the Appeal Court of appeal on 11 March 2024, with the judgement received on 22 July 2024. The appeal succeeded in part, with the court ordering the Board to, among other things, reconsider certain fee structures by March 2025. The Board’s decision following the judgement is reserved, as the judgement is still being consulted on and studied.			As a result, and due to the timing of the judgement, management is unable to reliably estimate the financial exposure.
Landbank	The Land Bank received an unqualified audit opinion for the year ended 31 March 2024. The reason as cited by the Auditor-General of South Africa for Land Bank not achieving a clean audit. The financial statements submitted for auditing were not fully prepared in accordance with the IFRS, as required by section 55(1) (b) of the PFMA. Material misstatements were identified on funds under administration, related parties, cash flow statement, commitments, segment reporting, insurance contracts and investments. The misstatements identified by the auditors in the submitted financial statement were subsequently corrected.			The National Treasury monitors the Land Bank financial and non-financial performance on a quarterly basis. Where the Land Bank does not perform well, the DDG writes a letter to the Land Bank indicating all areas of concern. The Land Bank audit remedial committee under the oversight of the Audit and Finance sub-committee of the Board has been reinstated and will focus on remediating all challenges identified during the audit process to implement appropriate internal control processes as well as ensuring that existing internal controls in the organisation remain intact
PIC	The PIC obtained an unqualified audit opinion with the following material findings:   Unlisted investment was not approved in line with the Delegation of Authority (DOA), and a subsequent approval request was requested by the governance committee that did not authorise the initial Transaction.   The indicator nor the targets were not clearly defined for some of the objectives selected for audit and there was no approved technical indicator description.   The PIC incurred an irregular expenditure amounting to R1,151 000, because of overpayments in bonuses, and acting allowance in non-compliance with the remuneration policy			The PIC has taken actions to capacitate the relevant employees. Where there is a need for further disciplinary action this will be pursued against the relevant employees.   The PIC will also implement continuous training for all employees involved in the investment process. This will ensure employees fully understand and adhere to all policies and standard operating procedures.

The Department is committed to providing DHET and its institutions with the necessary assistance to ensure compliance with the Act so as to contribute to the realisation of the country’s agenda towards the prevention and elimination of sexual violence at institutions of higher learning and the country at large.

Reply:

1. The section 31 investigation is still underway. It is anticipated that the S31 investigation would be finalised by end of January 2025. The outcome of the investigation will inform the way forward.
2. The investigation process has not been finalised yet. The subsections of part two of this question will probably be answered by the product of the investigation.

Reply:

The number of remand detainees in correctional facilities for a long period of time is also of concern to Government and more specifically the Ministers’ Cluster for Justice Crime Prevention and Security of which the Minister for Justice and Constitutional Development is the Co- Chairperson.

It is for this reason that the South African Law Reform Commission (the SALRC) is currently engaged in a Review of the Criminal Justice System with a view to overhaul the outdated piece of legislation and to, amongst others:

1. Modernise and digitize processes in criminal matters to enhance efficiency.
2. Reconsider the provisions related to bail and to address deficiencies or gaps in the statutory framework that require attention. For example, improving participatory rights of victims of crime in the criminal justice system in general and in bail proceedings; delays in the finalisation of criminal matters and resultant lengthy pre-trial detention and overcrowding of correctional service facilities; strengthening police powers to grant bail; affordability of bail; and considering the incorporation of property bail by pledging movable or immovable property, the value of which is commensurate with the bail amount set by the court as security for bail.

These measures are intended to address delays in criminal matters. Additionally, the Department is currently engaged in a project to improve efficiency in our courts, namely, the enhancement of the Integrated Case Management System to ensure that criminal and civil processes in our courts are as automated as possible thus reducing the burden on clerks, prosecutors and judicial officers.

The Department is also working together with the Lower Courts Judiciary to establish a National Backlog Committee structure with proper representation by all role players (National Prosecuting Authority, Legal Aid South Africa, the Legal Practice Council, South African Police Service, Department of Correctional Services) including Judicial Officers.

The Department is also establishing a Roll Collapse Task Team / Monitoring Committee with representation from the Office of the Chief Justice, Legal Aid South Africa, the National Prosecuting Authority, the Legal Practice Council, the South African Police Service and the Department of Correctional Services (DCS).

It is envisaged that these measures together with the existing judicial structures such as the local, district, provincial, and National Efficiency Enhancement Committees, blockages that cause case backlogs will be addressed speedily and backlog cases will be able to be dealt with to reduce the backlogs and the number of remand detainees in the correctional facilities.

While case flow and case management is led by the Judiciary, the Department of Justice and Constitutional Development (DOJ&CD) is taking a leading role in coordinating other criminal justice system role players to reduce incidents of postponements that may contribute to criminal case backlogs.

The Department for Correctional Services (DCS) has the mandate to address both the remand detainees and overcrowding concerns. The Department continually engages with the DCS within the Justice, Crime Prevention and Security (JCPS) structures, such as the JCPS Directors-General Cluster (JCPS DGs) forum and the Development Committee (sub-committee of the JCPS DGs), to address blockages that are contributing to long-standing remand detainees and overcrowding in correctional facilities, in view of the fact that criminal justice processes have a cross- cutting impact which requires coordination and collaboration with all stakeholders.

It is also important that the Protocols already in place to address the incarceration of remand detainees and overcrowding of remand detention facilities, be adhered to and implemented.

Reply:

Significant progress has been made by the National Prosecuting Authority (NPA) in prosecuting apartheid era crimes. Since September 2021, Truth and Reconciliation Commission (TRC) matters have been prioritised with the creation of separate TRC components in both the NPA and the Directorate for Priority Crime Investigation (DPCI) to drive progress on all TRC matters under investigation.

Progress was shared at previous appearances before the Portfolio Committee on Justice and Constitutional Development (JPC), the most recent on 17 September 2024. Annexure A (Attached please find a copy for ease of reference).

One hundred and four (104) new investigations stemming from the TRC have been re-opened since 2021. There are currently a total of one hundred and twenty-six (126) cases under investigation.

Since September 2021, the original findings of five (5) inquests have been overturned, with multiple inquests and re-opened inquests, set to commence in 2025 including, but not limited to, that of Mr Griffiths Mxenge, Chief Luthuli and Mr Booi Mantyi.

There are six (6) matters on the criminal court roll which are either partly heard or set to commence with evidence shortly. The first conviction post-September 2021 was also secured in September 2023, where the accused was sentenced to ten years direct imprisonment.

There are nine (9) PCLU recorded prosecutions between 2003 and 2007,

Sixteen (16) TRC prosecutors and twenty-nine (29) DPCI investigators have been appointed to oversee TRC investigations throughout the country. The core function of the dedicated officials is to investigate /guide investigations whereafter decisions to prosecute or not are to be made.

Prior to 2024, prosecutors were appointed on a three-year and subsequently a one-year contract. Nineteen (19) permanent TRC posts have now been created. This demonstrates the commitment and seriousness of the approach of the NPA in dealing with TRC matters.

In addition, ten (10) Deputy Directors of Public Prosecutions (DDPPs) were appointed within the respective divisions to oversee and guide prosecutors regarding TRC matters. DPCI has similarly appointed senior managers to oversee the investigations on TRC matters.

Reply:

The Department of Human Settlements recognises the critical role that collaboration between municipalities and the department plays in creating integrated, resilient communities that align with the principles of economic growth, social harmony, and environmental stewardship. The department has engaged in extensive analysis to identify barriers to effective collaboration. These include:

(a) Organisational barriers:

• Capacity constraints: Many municipalities face challenges with adequate technical and human resource capacity, which affects their ability to plan and implement housing and settlement projects effectively.
• Coordination issues: Misalignment in planning cycles and priorities between municipalities and the department often leads to delays and inefficiencies.
• Information and data sharing: Limited integration of data systems hinders comprehensive planning and monitoring efforts. The integration relies on data security which ensures that data is protected from unauthorized access during transmission and storage. Data accuracy and integrity also affect the data sharing environment because shared data must remain accurate and unaltered for reliable decision making.

(b) Political barriers:

• There are currently no political barriers, government priorities remain the same irrespective of political changes.
• The Minister holds community Izimbizo to follow-up on the matters raised by the community.

(c) Financial barriers:

• Budgetary constraints: Municipalities often face financial limitations, which impede their ability to co-fund or independently initiate projects that align with national strategies.
• Conditional grants and underutilization: Challenges in accessing or fully utilizing conditional grants allocated for housing development can delay project implementation.
• Dependency on transfers: Overreliance on national transfers with limited local revenue generation reduces flexibility for municipalities to address specific housing needs.

The department remains committed to address these barriers and foster collaboration with municipalities, ensuring the effective realization of human settlement goals that contribute to sustainable, resilient communities.

Reply:

(a) The presumption is that the Honourable Member is fully aware of the processes or nitty-gritties that have to be embarked upon post assent of pieces of legislation, as well as pre-proclamation fundamentals that have to be adhered to. Post assent, Amendments to the Compensation for Injuries and Diseases Act, no 130 of 1997, had to undergo those essentials. That work is continuing, but Compensation Fund is working around the clock targeting 1^st April 2025 as a proclamation date.

(b) Post signing into law of Compensation for Occupational Injuries and Diseases Amendment Act,10 of 2022 (COIDA), Compensation Fund had to undergo phases of analysis and assessments. Completion of some of these led to the development of regulations, policies, plans and Standard Operating Procedures (SOPs) to support the amendments. Further, updating the systems and aligning them with the amendments is one of the headways that must lead to proclamation.

(c) Since the signing of the amendments, Compensation Fund has been able to finalise the drafting of the following secondary legislations:

• Rehabilitation, Re-integration and Return-to-Work of injured or diseased employees (which is new regulation made in terms of the new Section 70A). These regulations were published for public comments on 15 June 2023; Public comments were received and incorporated into the draft regulations.
• Registration of Third Party Transacting with the Fund (The Regulations are made in terms of amended sections 63 and 73(4) & (5). These regulations were developed internally and published for public comments on 17 May 2024. Comments were received and were processed appropriately and the enriching ones were incorporated into the draft regulations.
• Prescription (The regulations are made in terms of the amended section 44 of the Act). The regulations were published together with the above regulations. The Regulations were finalised after incorporation of the relevant, pertinent and significant comments.
• Inspectorate (These regulations are made in terms of the new Chapter XA Inspection and Compliance). The Regulations were developed internally and published for public comments on 17 May 2024 The public comments were received, and processed accordingly.

Having stated everything above, it must also be highlighted that, among others, there is further work that is being undertaken in relation to Section 1, 11 and 85. But as indicated earlier, tremendous efforts are being made by the Compensation Fund for other areas to be promulgated and proclaimed by the 1 April 2025.

 

Reply:

1. The PSC derives its mandate from sections 195 and 196 of the Constitution of South Africa,1996. The Public Service Commission Bill [B30 – 2023] is intended to strengthen the Public Service Commission to enable it to operate as an independent and impartial constitutional body with its own Secretariat. This is in line with Chapter 13 of the National Development Plan.

2. The implementation of the Public Service Commission mandate to Municipalities and Public Entities is in line with the Resolution of Parliament of 15 November 2011 that, the PSC must report on the Implementation of section 195(1) of the Constitution by the administration of government, organs of state and the public enterprises in South Africa.

3. In line with section 195 (1)(I) of the Constitution of 1996, the basic values and principles governing public administration apply to administration in every speres of government organs of State, and public enterprises. The PSC must monitor the implementation and application of the values and report to Parliament, Legislature and now the relevant Mayoral Council or the Mayor.

4. The PSC is tasked and empowered to, amongst others, investigate, monitor, and evaluate the organisation and administration of the Public Service. This mandate also entails the evaluation of achievements, or lack thereof of Government programmes. The PSC also has an obligation to promote measures that would ensure effective and efficient performance within the Public Service and to promote values and principles of public administration as set out in the Constitution, throughout the Public Service. These values and principles are:

• A high standard of professional ethics
• Efficient, economic and effective use of resources
• A development-orientated public administration
• Provision of services in an impartial, fair and equitable way, without bias
• Responding to people’s needs and encouraging the public to participate in policy-making
• Accountable Public Administration
• Fostering transparency
• The cultivation of good human resource management and career-development practices
• A representative public administration with employment and personnel management practices based on ability, objectivity, fairness and the need to redress the imbalances of the past.
•  

5. Therefore, once the Public Service Commission Bill is passed into law and subject to availability of resources, the implementation of the Public Service Commission mandate in Local Government and Public Entities will be executed on a progressive scale.

6. The Public Service Commission Bill [B30 – 2023] made provision for the PSC to suspend the implementation of its mandate to local government and public entities for a period of 12 months while it builds internal capacity and resources to enable it to implement the Mandate. The Public Service Commission Bill [B30 – 2023] further made provision for the Public Service Commission to be able to bill on a cost recovery basis for some of its functions without compromising its mandate, so that the required resources may be sourced for the implementation of the full mandate in municipalities and public entities.

7. The implementation plan will be developed within three years of the Public Service Commission Bill coming into effect and the full roll out will be executed as part of the transitional arrangement, based on availability of resources.

8. The Minister of Public Service Commission fully support this PSC Bill as it is important that we must build an ethical, professional and developmental public service. The proper oversight of the PSC is important in public administration, support by all stakeholders as required in section 196(3) of the Constitution that, other organs of state, through legislative and other measures, must assist and protect the Commission to ensure the independence, impartiality, dignity and effectiveness of the Commission. No person or organ of state may interfere with the functioning of the Commission.

End

Reply:

(a) A total of 363 320 domestic violence cases were reported, between 1 April 2019 to 31 March 2023.

2019/20	2020/21	2021/22	2022/23	Total
50 200	82 885	99 029	131 206	363 320

(b)(i) A total of 74 262 domestic violence cases were closed because of a lack of leads, between 1 April 2019 to 31 March 2023.

2019/20	2020/21	2021/22	2022/23	Total
14 782	15 058	20 827	23 595	74 262

(b)(ii) There were no domestic violence cases that were closed due to outstanding and/or incomplete paperwork.

(c) A total of 99 532 domestic violence cases were withdrawn by the complainant, between 1 April 2019 to 31 March 2023.

2019/20	2020/21	2021/22	2022/23	Total
21 766	22 691	27 145	27 930	99 532

Reply:

The Minister of Public Works and Infrastructure:

(a) The Department of Public Works and Infrastructure is implementing and completing 19 Phase (A) bridges in the Eastern Cape Province. There are two bridges planned for Nyandeni Local Municipality in the current financial year as part of Phase (B) bridges. The identified bridge sites are Megacom to Mpangana as well as the Ncitwa Bridge.

The department has prioritised the completion of bridges that are in progress as well as the construction of new ones to improve service delivery and assist the identified areas. The department remains committed to implementing the Programme in all 6 implementing provinces and all provinces have developed recovery plans to expedite implementation.

(b) The Department does not repair damaged bridges in the provinces, as this remains a mandate of the Provincial Roads Authorities. The Welisizwe rural bridges programme aims to supplement the work done by provinces and municipalities by constructing new bailey bridges in identified areas. The Provincial Roads Authorities working with Municipalities are also responsible for the identification and approval of annual bridge lists to be implemented through Welisizwe.

_________________________

MR. D MACPHERSON, MP

MINISTER OF PUBLIC WORKS AND INFRASTRUCTURE

DATE:

 

Reply:

The Minister of Public Works and Infrastructure:

The question appears to be directed to the Western Cape Provincial Government (to which is a different sphere of Government); therefore, we wish to request the Member to give more clarity and or specifics.

However, the Department continuously receives application, such applications as and when received the application gets informed about the status or plan of the property in question. Furthermore, the Department is intensifying its asset optimisation strategy to ensure sweating of all vacant properties and others to be used for public good.

 

Reply:

DRAFT REPLY

(1) The Norms and Standards for the performance of judicial functions. issued by the Chief Justice in terms of section 8 of the Superior Court Act, 2013 read with section 165(6) of the Constitution, seek to achieve the enhancement of access to quality justice for all, to affirm the dignity of all users of the court system and to ensure the effective, efficient and expeditious adjudication and resolution of all disputes through the courts, where applicable.

In addition, the amendment of the Uniform Rules of Court, with the inclusion of Rules regulating Judicial Case management was gazetted in 2019 to alleviate congested trial rolls and to address the problems which cause delays in the finalisation of cases. Practice Directives were issued in all Divisions of the High Court to regulate the implementation thereof.

The Court Online system has been introduced in the Superior Courts to ensure electronic filing to enhance access to the people of South Africa, whilst increasing efficiency and reducing paperwork. The System is fully functional in the Gauteng Division of the High Court, the Western Cape Division of the High Court, the Labour Court and the Land Court. Further roll out to all other Divisions is in progress.

Notwithstanding the process improvements, the shortage of Judges is affecting the efficiency of operations in the Superior Courts. This is however a macro policy matter that falls within the ambit of both the Executive and Judiciary as Arms of the State. The Minister responsible for the administration of justice in line with the Constitution, has already embarked on a process of the rationalisation of areas under the jurisdiction of the Divisions of the High Court of South Africa as well as the review of the judicial establishments, led by the former Deputy Chief Justice Moseneke. 

The Leadership of the Gauteng Division has met with the Minister of Justice and Constitutional Development and the Deputy Minister to explore options at resolving the situation affecting both Gauteng Divisions. It was agreed that the Division’s Leadership would explore mediation as an option and to this end the necessary meetings have been held with some Mediation Associations. An implementation framework is being considered.  The Leadership of the Division however proposed that, in the interim and whilst awaiting the final report of the Moseneke Committee, the Minister consider allowing the Division to appoint additional acting Judges to be dedicated to the civil trial rolls with a view to arresting the backlog escalation. The Minister requested time to consider this proposal.  

(b) Item 16(6)(a) of schedule 6 of the Constitution of the Republic of South Africa, 1996, envisioned that as soon as practical, the structure, composition, functioning and jurisdiction of all courts would be rationalised with a view to “establishing a judicial system suited to the requirements of the Constitution”. The requirement of the Constitution includes giving full effect to the right of access to justice as well as the rights and foundational values of dignity and equality. The Minister responsible for the administration of justice in line with the Constitution, has already embarked on a process of the rationalisation of areas under the jurisdiction of the Divisions of the High Court of South Africa as well as the review of the judicial establishments, led by the former Deputy Chief Justice Moseneke to address challenges related to access to Justice which will include access to justice for marginal communities.

Reply:

Section 8 of the National Education Policy Act, 1996 (Act No. 27 of 1996) (NEPA) mandates the Minister of Basic Education to ensure the standards of education provision, delivery and performance are monitored and evaluated annually or at specified intervals. This is aimed at assessing compliance with the Constitution and national education policy, particularly as determined in terms of section 3(3) of the NEPA.

To fulfil this obligation, the Minister of Basic Education, through various sections of the Department of Basic Education (DBE), has established mechanisms to monitor the performance of (a) schools; and (b) education programmes.

These mechanisms are applied at the (i) provincial and (ii) district levels, as outlined below:

(a) Performance of Schools

(i) Provincial Level

Provincial Education Departments (PEDs) monitor, evaluate, manage and support the performance of public schools within their jurisdiction and report on progress made in these schools to the DBE according to a defined schedule.

This schedule includes structured meetings between the Director-General (DG) of the DBE and the Heads of Provincial Education Departments (HoDs) at the Heads of Education Departments Committee (HEDCOM). During these meetings, various matters, ranging from curriculum to infrastructure, are discussed and recommendations are forwarded to the Council of Education Ministers (CEM), which includes the Members of the Executive Council (MECs) from all nine provinces, led by the Minister of Basic Education.

In addition, the DBE has advised that all nine provinces submit provincial reports to the DBE as required in terms of section 58B of the South African Schools Act, 1996 (Act No. 84 of 1996) (SASA). These reports list all schools identified as underperforming and detail the reasons for their underperformance and the strategies developed to improve their performance.

Through these mechanisms, the Minister of Basic Education is able to monitor provincial performance and use the information received to inform ongoing education policy development.

(ii) District Level

District Directors, appointed by Provincial Education Departments, oversee the monitoring, evaluation, management and support of public schools within their education districts. Their responsibilities in this regard cover school management, curriculum implementation, infrastructure oversight and extracurricular support.

District Directors report to their respective head offices, which consolidate these reports and present them to the DBE. Furthermore, DBE teams regularly visit education district offices to monitor and support curriculum implementation. Findings from these visits are compiled into reports presented at the HEDCOM and the CEM, enabling the Minister of Basic Education to remain informed and take appropriate action when required.

(b) Performance of Education Programmes

The DBE administers a wide range of education programmes, including curriculum-based and extracurricular initiatives. These programmes are managed through the DBE’s branches and the performance of these programmes are reported on to the Minister of Basic Education via the DG.

(i) Provincial Level

Provincial Education Departments implement education programmes in alignment with provincial and national objectives. Where appropriate, these programmes are streamlined, monitored, evaluated and supported by relevant DBE branches.

For example, the DBE branch responsible for Social Cohesion oversees extracurricular initiatives, such as the Moot Court Competition. This programme progresses from district to provincial and ultimately to national levels, with winners competing globally.

Continuous updates on these programmes are provided to the Minister of Basic Education.

(ii) District Level

Education district offices implement education programmes of their respective Provincial Education Departments and submit progress reports on the performance of these programmes to the head offices of their respective Provincial Education Departments. The DBE provides monitoring and support for district-level activities to ensure alignment with provincial and national objectives.

In summary, the mechanisms described above allow the Minister of Basic Education to monitor, evaluate and manage the performance of schools and education programmes at provincial and district levels, ensuring compliance with constitutional and policy standards.

Reply:

The misappropriation of funds or the failing to account for missing funds by any legal practitioner is a serious offence, more especially if it involves the most vulnerable. As the Honourable Member is aware, disciplinary proceedings against a legal practitioner falls within the area of responsibility of the Legal Practice Council (the LPC). The LPC is an independent body and any question regarding possible review proceedings should therefore be directed to the LPC.

To be of assistance, the LPC was approached regarding the concerns raised by the Honourable Member. We have been informed that in terms of the provisions of the Legal Practice Act 28 of 2014 (the Act) and the applicable rules, complaints against legal practitioners are investigated by the Investigation Committee and adjudicated by the Disciplinary Committee whose members are independent in that they are not elected members of the National or Provincial Council (the Council).

It is at the outset important to mention that following the Report of the Investigation Committee, Council launched an urgent application for an order suspending Mr Gqeba from practising as an attorney and for the appointment of a curator bonis to take control and manage the trust account of the practice of Mr Gqeba. This order was granted on 8 August 2023 and Mr Gqeba remains suspended from practising as an attorney with no access to the trust account of his practice.

Furthermore, decisions of the Disciplinary Committee only constitute an advice to the Council. The Council is the body entrusted in terms of the Act to uphold and regulate the legal profession in South Africa. It is empowered to accept or reject a decision by the Disciplinary Committee and is not bound by such decision.

Regarding the matter of Mr Gceba, the Disciplinary Committee concluded that he was not guilty on a charge of misappropriation of funds. He was, however, found guilty of having failed to account for the missing funds. The recommended sanction by the Disciplinary Committee is yet to be pronounced.

Under these circumstances, Council is yet to consider the report of the Disciplinary Committee once the processes are finalized.

Reply:

(a)(i)	(a)(ii)	(a)(iii)	(a)(iv)		(a)(v)
G20 Deputies and FMCBG International meeting	Brazil	R152 201,76	Personal Assistant to the Minister	R104 045,77	None
Official duties	Cape Town	R777 386,41	Chief of Staff Advisor to the Minister Personal Assistant to the Minister Assistant Administrator Cabinet and Parliamentary Support Community Outreach Officer Assistant Personal Assistant Administrative Secretary Registry Clerk Minister’s Spouse	R440 769,51
MTBPS	Cape Town	R41 772,87	Chief of Staff Advisor to the Minister Assistant Administrator Registry Clerk Assistant Personal Assistant Administrative Secretary	R54 448.04
Official duties	East London	R158 045,81	Minister’s Spouse	R14 799,65
Presidential Imbizo	Durban	R55 635,35	Community Outreach Officer	R14 327,85
SADC Summit	Zimbabwe	R123 774,90	Personal Assistant to the Minister	R81 763,23

(b)(i) D Masondo	(b)(ii)	(b)(iii)	(b)(iv)		(b)(v)
Official visit to Durban	Durban	R52 358,86	Cabinet and Parliamentary Support Deputy Minister’s son	R47 859,48	None
Deputy President Mashatile’s working visit	London	R898 240,20	Cabinet and Parliamentary Support Head of Deputy Minister’s Office Deputy Minister’s spouse	R934 386,17
MTBPS	Cape Town	R4 519,19	Cabinet and Parliamentary Support Head of Deputy Minister’s Office	R24 339,93
Official duties	Cape Town	R227 376,39	Cabinet and Parliamentary Support Head of Deputy Minister’s Office Deputy Minister’s spouse Deputy Minister’s son	R157 467,85
Official duties	Polokwane	R25 250,87	None
Official duties	Tzaneen	R85 469,16	Cabinet and Parliamentary Support Head of Deputy Minister’s Office	R18 012,00
Tomorrow conference on advancing South Africa’s structural reforms for infrastructure development	London	R75 393,75	Cabinet and Parliamentary Support	R67 117,67
World Bank and International Monetary Fund’s annual meeting	Washington, DC	R683 678,72	Cabinet and Parliamentary Support Deputy Minister’s spouse	R604 652,56

(b)(i) A Sarupen	(b)(ii)	(b)(iii)	(b)(iv)		(b)(v)
African Caucus meeting	Nigeria	R59 670,14	None		None
Asian Infrastructure Investment Bank Annual Board of Governors meeting	Uzbekistan	R14 230,83	Cabinet and Parliamentary Support	R117 733,94
Attending funeral	Pietermaritzburg	R4 901,41	None
BRICS Meeting	Russia	R131 666,28	Head of Office	R102 722,58
Official meeting	Durban	R18 584,39	None
JSE USB Macroeconomics Conference and investor engagements	London	R177 820,82	Head of Office	R72 466,49
MTBPS	Cape Town	R30 038,82	Head of Office Cabinet and Parliamentary Support	R22 404,31
Official duties	Cape Town	R713 104,75	Head of Office Cabinet and Parliamentary Support Deputy Minister’s mother Deputy Minister’s Protectors	R606 309,23
Official duties	Pretoria	R3 259,36	None
Presidential Imbizo	Durban	R12 229,59	None

Reply:

The appointment of the 73 security companies was done by the accounting officers of the national and provincial departments. If it is found that the companies are in breach of the contract, the cancellation of the contract will need to be done by the appointing accounting officers.

Reply:

(a) The last payment made to Oracle for the Integrated Financial Management System was on 30 June 2021.

(b) The total amount paid was R68 284 920.68.

Reply:

I have been advised by the Department as follows:-

The Department, in partnership with the British High Commission (BHC), launched the Broadband and Digital Skills Programme, a Digital Inclusion initiative aimed at bridging the digital skills divide and building capacity in municipalities. The programme, launched on 4 September 2024 in Limpopo, is part of the DCDT’s broader Digital and Future Skills Strategy, which guides the development of professional and societal digital skills needed for advancing South Africa’s digital economy.

This initiative focuses on enhancing service delivery in District Municipalities through digital skilling and capacity development, enabling communities to access digital technologies for socio-economic growth. The project is a collaboration between the DCDT, the South African Local Government Association, the BHC, and the Foreign, Commonwealth and Development Office, targeting digital transformation within municipalities.

Aligned with the National Future Skills Strategy, specifically “Creating Society 4.0,” the programme aims to address the digital skills gap by equipping councillors and officials with digital expertise for community development and implementing the District Development Model. Additionally, it introduces municipal council members to broadband fundamentals, empowering them to foster smart community development and unlock digital opportunities within District Municipalities, including in rural and underdeveloped areas.

AUTHORISED FOR SUBMISSION BY

_____________________

MR JUSTICE LIBAGO

ACTING DIRECTOR-GENERAL

DATE:

 

RECOMMENDED/NOT RECOMMENDED

_______________________________

HON. MONDLI GUNGUBELE, MP

DEPUTY MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

DATE:

APPROVED/ NOT APPROVED

_______________________

HON. SOLLY MALATSI, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

DATE:

Reply:

1. (a) and (b) The 2013 list of 500 identified housing beneficiaries and the 2019 list of the additional 1 000 identified housing beneficiaries have been consolidated into one list. 1 314 beneficiaries have been approved to date. The list is attached as Annexure A.
2. (a) Allocated budget R 339,5 million. (b) Expenditure to date R 37,2 million.
3. (a) The developer of the project is Buffalo City Metropolitan Municipality, who appointed the Housing Development Agency as the Implementing Agent for the Mdantsane project, Zone 18 1500 units. Project is currently under construction.
4. R 339, 5 million has been allocated to the project.
5. (a) There are 104 houses completed to date.
6. Approved beneficiaries have occupied the completed houses.

Annexure A

Reply:

a) The funder of the in-school breakfast programme contracted with the Department of Energy to support local social development for communities within a 50km radius of Kathu Solar Park, being the site of a concentrated solar power thermal energy plant located in the Northern Cape. The five schools participating in the in-school breakfast programme were identified in consultation with the relevant education district office in line with the prescribed radius.

b) Meetings were held with the relevant school principals and school management teams before the in-school breakfast programme was implemented. Local youth are employed to monitor the programme at each participating school thereby creating community employment opportunities. Additionally, volunteer food handlers, primarily drawn from the parent community and already involved in preparing meals for the National School Nutrition Programme, also assist with the preparation of the breakfasts. Their stipends are supplemented by the funder of the in-school breakfast programme as part of the programme’s support structure.

Reply:

1. The Department does not have a lease with the Provincial Government, for the purpose of erecting or establishing a water pump.

(a) Not applicable.

(b) Not applicable.

 

Reply:

The government has acknowledged that the funding provided to the local government sector is inadequate, and therefore, a review is being undertaken to ensure that this is rectified. In this regard, the Ministry of Cooperative Governance and Traditional Affairs has raised this matter with the Ministry of Finance.

The Department of Cooperative Governance (DCoG) has also been working closely with the South African Local Government Association to review the funding model for local government with the view to engaging the National Treasury in this regard.

The Department of Cooperative Governance (DCoG) is currently reviewing the 1998 White Paper on Local Government in preparation for future engagements with the National Treasury. While many aspects of the White Paper remain relevant, some structural and systemic assumptions made at that time are now seen as incorrect. This review offers an opportunity to evaluate the expected outcomes after nearly three decades of implementation. One critical assumption is related to municipal revenue generation, which directly impacts municipalities' financial sustainability.

The objective of this review is to identify shortcomings in local government policy and its implementation. Additionally, it will propose recommendations to address challenges that hinder the effective performance and functioning of local government in South Africa. The issue of reviewing the funding model has been prioritised during this process.

End.