Questions and Replies

Reply:

(1) They were found to have been issued in June 2016 with permanent residence permits in terms of a provision in the Immigration Act 13 of 2020 they did not qualify for, not having met its requirements. The application did not, inter alia, comprise of proof of the financial guarantees (prescribed minimum net worth in the amount of R12 million plus an undertaking that the applicant will pay R120 000 to the Director-General).

(2)(a) A Non-Profit organisation was used to process the application, despite the fact that it is not regarded as a business.

(2)(b) The investigation is proceeding into the application and adjudication methods and disciplinary proceedings will be initiated on completion of the evidence collection process.

(3)(a) Inspectorate is engaged nationally in the detection of illegal immigration activity through investigations, joint operations with other law enforcement agencies and inspections of entities including businesses.

(3)(b) It is not apparent what reports are being referred to and therefore the question is not substantiated.

(3)(c) In mitigation, the Department has prioritised modernisation of its visa and permitting system to ensure that all priority categories of face value documents are subject to independent clearance phases through the use of an electronic Visa Adjudication System (VAS). Ongoing development of the VAS system is being undertaken to incorporate all categories of visas and permits and thus eliminate manual files and work processes.

(3)(d) The abuse of the asylum system in the main stems from porous borders and the delays in finalizing asylum applications. In this regard the department is finalizing the operationalization of the BMA, whilst amendments were made on the Refugee Act to allow proper capacity at SCRA and RAASA to be able to conclude asylum applications within the prescribed turnaround times.

END

Reply:

a) The total number of graduate doctors in the Republic –

(i) are waiting to be placed as interns is zero for the Annual January 2021 Cycle;

(ii) also, there are no interns currently unemployed.

The National Departmernt of Health has allocated a total of 2,367 medical interns and 1,693 community service: medical service officers who are eligible and qualifying South African Citizens and Permanent Residents to posts.

b) Only applicants who meet the requirements in accordance with employment Regulations in South Africa and are able to commence duty on 01 January 2021 have been allocated.

END.

Reply:

Information is being collated from all the provinces to enable us to respond to these questions. The full details will be furnished to Parliament as soon as they are received from the provinces.

END.

Reply:

When level 5 lockdown was implemented on 27 March 2020, there were approximately 20 000 identity documents applications at the Department’s Back Office processing facility.

When the Department re-opened to capture first time applications, it was initially necessary for operations to be conducted with the most essential staff only to adhere to the limitations of the Disaster Management Act protocols (social distancing, wearing of masks, washing of hands as well as ensuring sufficient ventilation).

Furthermore, the Department’s operational facilities are generally open plan offices, consequently, as and when there are confirmed Covid-19 cases, the Department has to release officials who were in contact with a positive case, who must then isolate and are not available for duty, which also causes delays in the finalising and issuing of Identity documents.

END

Reply:

a) The total number of applications for business travel received from 1 October to 11 November 2020 was 8,878. Applications are not separated, or processed according to nationality.

b) (i) Approved: 6,778. This figure includes business people including South African permanent residents and long-term visa holders who used this e-mail address. 2,100 applications were in process up until the 11 November 2020.

(ii) Rejected: None. Those who did not meet the requirements were requested to submit outstanding information and their cases were approved once the information was received.

c) All cases are finalised between 1 to 10 days.

 

END

Reply:

According to the Gauteng Provincial Department of Health,

a) The project of refurbishing the eight (8) wards as, indicated in the response to Question 2743 by Ms N Chirwa was successfully completed and the wards are fully operational. Below are the dates of occupation achieved for each of the wards:

 

Ward 1: 13 July 2020

Ward 2: 08 July 2020

Ward 3: 31 July 2020

Ward 4: 28 August 2020

Ward 5: 13 July 2020

Ward 6: 08 July 2020

Ward 7: 28 August 2020

Ward 8: 28 August 2020

b) The refurbishment project was done at a cost of R186,000,000.

END.

Reply:

I have been advised by the SABC as follows:

1. (a) 87

(b)(i) 0

(ii) 29

2. (a) There was no reason for the department to be represented in these matters as they related to the operations of the SABC.

(b) (i) 0

(ii) R 65 351 000.00

 

MS. STELLA NDABENI-ABRAHAMS, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

Reply:

I have been advised by the SAPO as follows:

(1)(a)(i) Available staff members within the SAPO Regions (even from other Business Units) are being utilised to assist with queue management, and the scanning of beneficiaries to ensure that they all have correct SMSes and proper identification documents to speed up the payment process.

(ii) There is no backlog in essence, as all validated beneficiaries (appropriate SMSes and Identification) and the allocated queue numbers (branch capacity) for that specific day are assisted. Cash ordering for payments at branches are done in accordance with predictive models of number of SASSA beneficiaries to collect their payments from the particular Branch on a daily basis. Many clients, however, arrive at Post Offices, having not yet applied for the SRD, not yet approved or prematurely on receipt of only their registration SMSes. The queue management is assisting in this regard and also to educate and inform beneficiaries on what to do.

(b) With the screening of beneficiaries whilst in queue, preference is normally given to those who possess appropriate SMSes to collect their grants. Queue card number systems have also been introduced in Regions which has improved the operations and cash handling and have reduced the influx of beneficiaries without appropriate SMSes.

(c) SRD Grant payments are done continuously throughout the month, except during the first 3–4 days when regular social grants are being paid.

(2)(a)(b) SAPO Branches are generally able to deal with the demand for a specific day, taking into consideration the number of beneficiaries the branch is able to assist per day. Beneficiaries who are not assisted on the day are given a number to return and are then prioritised in the queue. Some SAPO Branches may have been closed due to operational or financial reasons and clients are then referred to the nearest alternative available branches.

 

MS. STELLA NDABENI-ABRAHAMS, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

Reply:

The South African High Commission in London’s contract with its service provider, which hosted the website, expired in August 2020 and it took longer than expected to enter into a contract with a new service provider and to update the content. However, the new website (www.southafricahouse.uk) has been operational since November 2020 and allows High Commission staff to manage the content directly. Civic and immigration documentation is now available for download directly from the website.

Reply:

a) Based on data extracted 11 November 2020 there are 175 461 persons with section 22 permits active.

b) The total number of appeals that were turned down over the past 10 years is 13 572 (as at 12 November 2020).

c) 

END

Reply:

All 412 Offices of the Department of Home Affairs are capacitated to receive applications for the category of Alteration of Sex Description and Sex Status and are henceforth dispatched to Head Office for further processing. There is a back office unit at head office, Rectifications and Amendments Unit that implements the gender marker on the system to amend the status of transgender people by changing their gender on their respective identity documents, provided the applicants meet the requirements as per the regulations and standard operating procedures has been followed

END

Reply:

(1)(a) There were about 7 times in October where system was offline, impacting all Live Capture offices nationwide and there were also incidents affecting individual offices which caused downtime and these include photo booth not working, camera functionality etc.

(1)(b) The current report configuration does not store the downtime in hours but SITA has been requested to create this reports effective 1st of December 2020.

(1)(b)(i) State Information and Technology Agency system downtime,

There are a couple of issues that cause offline or refer to an office as offline. It can be infrastructure issues like cable theft, dependent on as external service provider, Server issues, power outages and application issues or office equipment issues.

(1)(b)(ii) power outages

A consolidated report from SITA is not available for this metric. SITA has been requested to make this report configuration effective 1st of December 2020. There were approximately 20 calls logged for office equipment like FLO (Front Line Officer), Photobooth and some scanners, which did not affect the whole office operations entirely.

(1)(b)(iii) faulty office equipment,

Workstations hardware for Live Capture System (Modernised offices) are actively supported through a 3 year warranty system; and are refreshed every 4 years as per the Tech Refresh Plan. When a workstation required replacement, there is a process to replace computers and peripheral devices that are stored for such purpose both at Head Office and Provincial Head Quarters.

(1)(b)(iv) last-mile connectivity problems and/or (v) any other specified reason

A consolidated report from SITA is not available for this metric. SITA has been requested to make this report configuration effective 1st of December 2020.

(1)(b)(v) Not applicable.

(2) No there is no mechanism in place to proactively inform citizens before travelling as outages are not known upfront or predictable. However Provincial Managers do engage local media to inform Public where major downtimes are experienced and clients are redirected to other offices

(3) The Department is still investigating various options to proactively engage citizens regarding the state of offices.

END

Reply:

According to the records received from the Gauteng Provincial Department of Health and confirmed by the PERSAL System –

a) there were only 6 students employed as medical interns, after completion of their studies, during the past three years period (i.e. 2018 to 2020) and no other professions including administration categories were placed or appointed for Internship at the Hospital during the said reporting period;

b) the medical interns were placed under supervision in the eight domains of medical rotation, i.e General Medicine; General Surgery; Paediatrics; Obstetrics and Gynaecology; Anesthesiology; Orthopaedics; Psychiatry; Family Medicine/Primary Care) as prescribed by the Health Professions Council of South Africa (HPCSA) and their log-books were signed off at the end of their two years of the internship period;

c) all medical interns in the Public Service are remunerated in accordance with the Occupational Specific Dispensation (OSD) for medical practitioners and as such all the six (6) medical interns at Jubilee Hospital were remunerated accordingly and did not receive a stipend

END.

Reply:

I have been advised by the Department and Entities as follows:

Department of Communications and Digital Technologies

(1)(a)(i) 3

(1)(b)(i) 4

(2)

POSITION (a)	DATE VACATED (i)	DATE FILLED BY A PERSON IN AN ACTING CAPACITY (ii)	REASONS FOR RESIGNATION (b)(i)	REASONS FOR DISMISSAL (b)(ii)	REASONS FOR SUSPENSION (b)(iii)	REASONS FOR SPECIAL LEAVE (b)(iv)
Director-General: Communications and Digital Technologies (New)	The post of DG: DCDT is new from 1 April 2020 following the merger of the DoC and DCDT	1/4/2020 (Post was advertised and recruitment process has commenced)	Transferred to another Government Department	N/A	N/A	N/A
DDG: ICT Policy and Strategy	1/7/2015	15/8/2015 (Post was advertised and recruitment process has commenced)	N/A	Found guilty of misconduct at disciplinary hearing and was dismissed.	N/A	N/A
CD: Postal Services	1/4/2017	1/4/2018 to 31/3/2020	Appointed in a higher post in another Government Department	N/A	N/A	N/A
CD: Communications and Marketing	27/6/2014	N/A (Post was advertised and recruitment process is pending)	N/A	Found guilty of misconduct at disciplinary hearing and was dismissed.	N/A	N/A
CD: SOE Communication and Branding	03/08/2018	06/08/2018 to 05/08/2019	Appointed in a State-Owned Entity	N/A	N/A	N/A

ENTITIES:

SENTECH

(1)(a)(iii) Three (3)

(b)(iii) Three (3) Chief Financial Officer; Executive: Finance; and Executive: Broadband.

(2)

POSITION (a)	DATE VACATED (i)	DATE FILLED BY A PERSON IN AN ACTING CAPACITY (ii)	REASONS FOR RESIGNATION (b)(i)	REASONS FOR DISMISSAL (b)(ii)	REASONS FOR SUSPENSION (b)(iii)	REASONS FOR SPECIAL LEAVE (b)(iv)
Chief Financial Officer	30/04/2020	1/5/2020	Career growth	N/A	N/A	N/A
Executive: Finance	30/11/2019	01/12/2019	Career growth	N/A	N/A	N/A
Executive: Broadband	New position created in 2019	18/06/2019	N/A	N/A	N/A	N/A

NEMISA

None

BBI

(1)(a)(i)(ii) One (1) i.e. the Company Secretary

(2)(b)(i) (ii) (iii) (iv) The position of Company Secretary became vacant after 31 August 2019, following the resignation of the incumbent. (b) (ii) The position was filled by an External Attorney (“Juristic Person”) from 1 November 2019 to 31 May 2020 following an Open Tender process. When the contract for the External Attorney came to an end, the tender was re-advertised as per the requirements of the PFMA and National Treasury regulations. The tender closed on 22 June 2020, and the adjudication is in progress to appoint a new External Attorney as the Company Secretary (“Juristic Person”), for a 12-month period.

POSITION (a)	DATE VACATED (i)	DATE FILLED BY A PERSON IN AN ACTING CAPACITY (ii)	REASONS FOR RESIGNATION (b)(i)	REASONS FOR DISMISSAL (b)(ii)	REASONS FOR SUSPENSION (b)(iii)	REASONS FOR SPECIAL LEAVE (b)(iv)
Company Secretary	2019-08-31	2019-11-01	Resignation pending Disciplinary Enquiry (Poor performance and absenteeism were the main charges)	N/A		N/A
Executive Human Resources	2020-08-31	2020-09-01	End of Contract - Retirement	N/A	N/A	N/A

ICASA

1. (a)(i)(iii) 5 (five)

POSITION (a)	DATE VACATED (i)	DATE FILLED BY A PERSON IN AN ACTING CAPACITY (ii)	REASONS FOR RESIGNATION (b)(i)	REASONS FOR DISMISSAL (b)(ii)	REASONS FOR SUSPENSION (b)(iii)	REASONS FOR SPECIAL LEAVE (b)(iv)
Executive Corporate Services	01 July 2020	01 July 2020 (Post was advertised, and recruitment process has commenced)	N/A (End of contract)	N/A	N/A	N/A
Chief Financial Officer	16 March 2020 due to suspension	17 March to 04 September 2020	N/A the incumbent CFO is back at work	N/A.	Precautionary suspension/leave pending the outcome of disciplinary proceedings that were instituted against him.	N/A
Chief Operations Officer	01/09/2017	N/A position frozen	COO became CEO of ICASA	N/A	N/A	N/A
General Manager: Compliance and Consumer Affairs	01/06/2019	Resignation	Incumbent had eight (8) months remaining of her five (5) contract and opted for early retirement.	N/A	N/A	N/A

SABC

(1) (a)(i)(ii) and (2)(b) (i) (ii) (iii) (iv) One Executive position in the SABC is currently vacant – Group Executive: Governance & Assurance. This position became vacant on 31 January 2019 and was filled by a person in an acting capacity. The position became vacant due to the incumbent being dismissed for incapacity.

USAASA

(1)(a)(iii) Two (2)

(1)(b)(iii) Two (2)

POSITION (a)	DATE VACATED (i)	DATE FILLED BY A PERSON IN AN ACTING CAPACITY (ii)	REASONS FOR RESIGNATION (b)(i)	REASONS FOR DISMISSAL (b)(ii)	REASONS FOR SUSPENSION (b)(iii)	REASONS FOR SPECIAL LEAVE (b)(iv)
Chief financial officer	17/10/2019	18/10/2019	Expiry of contract	N/A	N/A	N/A
Executive Manager: Corporate Services	01/06/2017	01/05/2020	N/A	The Executive Manager: Corporate Services was dismissed based upon a number of charges. However, he was reinstated following a CCMA award, but elected to settle on the remainder of his contract.	N/A	N/A

SITA

(1)(a)(iii) Two (2)

(1)(b)(iii) Two (2)

(2)

POSITION (a)	DATE VACATED (i)	DATE FILLED BY A PERSON IN AN ACTING CAPACITY (ii)	REASONS FOR RESIGNATION (b)(i)	REASONS FOR DISMISSAL (b)(ii)	REASONS FOR SUSPENSION (b)(iii)	REASONS FOR SPECIAL LEAVE (b)(iv)
Executive Strategy Management	Position was created in June 2017 never been filled	01/07/2017	N/A	N/A	N/A	N/A
Executive: Service Management	Position created in 19/02/2020	01/04/2020	N/A	N/A	N/A	N/A

FPB

(1) (a)(i)(ii) and (2)(b) (i) (ii) (iii) (iv) There is one Executive Vacant Position, the Chief Executive Officer (CEO). The position is currently filled by the Chief Operations Officer (COO) who is acting as the CEO.

(2)(b)(i)(ii)(iii)(iv) see table below:

POSITION (a)	DATE VACATED (i)	DATE FILLED BY A PERSON IN AN ACTING CAPACITY (ii)	REASONS FOR RESIGNATION (b)(i)	REASONS FOR DISMISSAL (b)(ii)	REASONS FOR SUSPENSION (b)(iii)	REASONS FOR SPECIAL LEAVE (b)(iv)
Chief Executive Officer	December 2017	Secondment from DCDT 03/2017, Secondment 2018. Acting 08/ 2018 -12/2019. January 2020 till present.	N/A	N/A	Allegations of abuse and gross negligence. During the suspension, he resigned.	N/A

ZADNA

(1) (a)(i)(ii) and (2)(b) (i) (ii) (iii) (iv) None

SAPO

(1) (a)(i) Seven (7)

(b)(iii) Seven (7)

(2)(b)(i)(ii)(iii)(iv) see table below:

POSITION (a)	DATE VACATED (i)	DATE FILLED BY A PERSON IN AN ACTING CAPACITY (ii)	REASONS FOR RESIGNATION (b)(i)	REASONS FOR DISMISSAL(b)(ii)	REASONS FOR SUSPENSION (b)(iii)	REASONS FOR SPECIAL LEAVE (b)(iv)
Group Chief Executive Officer	01/08/2019	1/08/2019 4/12/2019 14/09/2020	Early retirement	NA	NA	NA
Chief Operations Officer	01/08/2019	1/08/2019 21/02/2020	NA	NA	To enable independent investigation into serious allegations of misconduct contained in a Whistle Blower Report. Investigation completed and disciplinary processes commenced.	NA
Group Executive Sales	01/06/2018	01/06/2018	Early retirement	NA	NA	NA
Group Executive Governance	01/05/2018	01/07/2018	Voluntary resignation	NA	NA	NA
Groups Executive Strategy & Sustainability	07/07/2018	07/07/2018	Voluntary resignation	NA	NA	NA
Group Executive Human Resources	01/02/2019	01/02/2019 18/09/2019	Voluntary resignation	NA	NA	NA
Group Executive Supply & Chain Management	03/12/2019	05/12/2019	NA	NA	To enable independent investigation into serious allegations of misconduct contained in a Whistle Blower Report. Investigation completed and disciplinary processes commenced.	NA

 

MS. STELLA NDABENI-ABRAHAMS, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

Reply:

• We made an announcement through a government notice on 24 October 2020 to resume all services except Citizenship applications at the Civic Service Branch of the Department. The Department thereby issued a circular to all staff members, regarding Administrative Protocols for the Lockdown, Containment and management of the COVID-19 in the Department under lockdown level 1.

• As a result, the Department has recalled 100% staff capacity, mainly in areas where there are backlogs in order to eliminate such backlogs. Under this circumstance, strict adherence to the lock down level 1 protocols is practiced to contain the spread of COVID 19 by ensuring that officials adhere to the protocols in the workplace by maintaining social distancing, adhering to personal hygiene practices (wearing of masks, sanitizing, washing of hands etc.), and further ensuring sufficient ventilation in all workspaces.

 

• The Department furthermore engaged its stakeholders in the value chain of its products and services, in particular GPW (Government Printing Works) and Skynet courier services, to work overtime during the week as well as over the weekends to assist the Department in eliminating such backlogs.
• Moreover, the Department has a Business Recovery Plan to deal with backlogs accumulated during lockdown period.

END

Reply:

I have been advised by the SABC as follows:

1. There are two recognised unions, namely, BEMAWU and Communications Workers Union.

2. Prior to its deregistration, MWASA was not recognised by the SABC.  MWASA failed to fulfil the 500-membership threshold. The threshold was decided upon through a process of negotiation between the SABC and unions that were seeking recognition within the SABC.

MWASA had a limited organisational rights collective agreement because of its failure to secure the 500-member threshold. MWASA has since been de-registered by the Labour Registrar and thus no longer has a relationship with the SABC.

3. SABC believes the collective bargaining process between the parties which preceded the conclusion of the recognition agreements was fair as it culminated in the conclusion of the two recognition agreements with the two unions currently recognised by the SABC which were in line with the applicable provisions of employment law. SABC can confirm that to date neither CWU nor BEMAWU have challenged the fairness or otherwise of the recognition agreement.

 

MS. STELLA NDABENI-ABRAHAMS, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

Reply:

The Department of Human Settlements has not been made aware or received reports of “underhanded practices” referred to in the question.

I would be grateful if the Honourable Member could provide me with more information on this matter for my department to investigate it further alternatively, the Honourable Member is urged to report such incidences to the law enforcement agencies.

Reply:

Honourable Member, the provision of water to communities is the responsibility of Water Services Authorities (municipalities). The electrification of the boreholes in Redirele Village, including the maintenance of boreholes is the responsibility of Kgetleng Rivier Local Municipality (KRLM).

I wish to point out that the legislative mandate of the Department of Water and Sanitation is to ensure that the country’s water resources are protected, managed, used, developed, conserved and controlled sustainably for the benefit of all people and the environment.

The Water Services Act, 1997 refers to municipalities as Water Service Authorities (WSAs) responsible for distribution (reticulation) of water and to supply sanitation services. The Water Services Act in section 3 outlines the right of access to basic water supply and sanitation which mandates that “everyone has a right of access to basic water supply and basic sanitation” and places the responsibility on Water Services Authorities to ensure that they develop a Water Services Development Plan (WSDP) to ensure the realisation of this right.

Section 11 of the Water Services Act, 1997 mandates that “every Water Services Authority has the duty to all consumers or potential consumers in its area of jurisdiction to progressively ensure efficient, affordable, economical and sustainable access to water services.”

Reply:

The KwaZulu Natal Provincial Department of Health provides students with bursaries with a view that they will return and serve back to the Department, this is done in good faith and is dependent on the Department having the necessary funding to employ the said bursary holders. Unfortunately, the KZN Department of Health is experiencing financial constraints and so is the entire Public Service.

It must be mentioned that the categories mentioned above which are Medical Orthotics and Prosthetics are not the only group of students that were funded by the Department and are yet to be placed for employment.

There are currently 39 bursary holders for Medical Orthotics and Prosthetics that are yet to be placed.

The KZN Health Department has confirmed that it is working with the Office of the Premier and KZN Treasury to find a solution in this regard.

END.

Reply:

1(a) Standing Committee for Refugee Affairs (SCRA) has a Chairperson and 2 members at head office Pretoria (3). Admin Support staff at head office Pretoria is a total twelve (12).

There are no SCRA members at the regions, members at the head office from time to time visit the five centres on rotational basis., process is underway to appoint 2 Members for Desmond Tutu RRO; 1 for Cape Town and PE RRO; 1 for Durban RRO for a period of two years to attend to the backlog. Over and above that 2 additional Members shall be appointed for a period of five years to be based at the SCRA head office.

(1)(b) The Refugee Appeals Board (currently Refugee Appeals Authority) have the following staff in numbers :

• Pretoria: 1 Member and Chairperson and 13 Admin staff/Officials,
• Cape Town: 1 Member
• Musina, Port Elizabeth and Durban have no staff

(2)(a)(i) SCRA has 29579 cases as at 11 November 2020

(2)(a)(ii) The total number of appeals is 123 424 as at 18 September 2020.

(2)(b)(i) It will take about 2 years to clear the SCRA backlog.

(2)(b)(ii) Based on the Auditor General’s 2019/2020 report if the current capacity of RAASA remains the same, it would take more than 60 years to clear the backlog. However currently, a plan is in place to increase the Authority’s capacity with 36 members, this will mean that the backlog can be cleared within 4 years.

(3)(a)(i) 317245

(3)(a)(ii) The total number of appeals rejected over the last 10 years is 13 572.

(3)(b)(i) Failed Asylum Seekers are either given an order to leave the Republic of South Africa or are detained for the purposes of deportation.

(3)(b)(ii) The records of failed Asylum Seekers who have been deported is as follows :

2015 - 1

2016 - 113

2017 - 561

2018- 110

2019 - 69

2020 - 22

It is only in recent years that we have been doing a breakdown of the analysis of deportees prior status.

END

Reply:

(a)(i) As at 30 June 2020 there were 3656 cases at RSDO level.

(a)(ii) The total number of cases at the Refugee Appeal Board (Now Refugee Appeals Authority) is 123 424 as at 18 September 2020

MONTHS		APRIL 2020 TO SEPTEMBER 2020
		No. of Cases heard	No. of Cases finalized and decisions issued	No. of cases Confirmed as unfounded	No of cases upheld	No of condonations dismissed	No of condonations granted	No of no show cases	No. of Cases referred back to RROs (RSDO)	No of cases cancelled
DESMOND TUTU		0	376	14	34	0	0	5	115	323
MUSINA		0	100	51	12	0	0	6	0	31
DURBAN		26	308	39	61	0	0	1	0	207
CAPE TOWN		137	114	21	11	0	0	0	0	82
PORT ELIZABETH		30	83	31	9	0	0	0	0	43
TOTAL		193	981	156	127	0	0	12	115	686

(a)(iii) The Standing Committee for Refugee Affairs (SCRA) has a backlog of 38185 cases for all the five centre with the majority of cases being at the Desmond Tutu RRO. These are active cases.

(b)(i) The Refugee Appeal Board (Now Refugee Appeals Authority) finalised 981 cases.

(b)(ii) SCRA has finalised 4672 cases.

NO OF CASES REVIEWED	UPHELD	SET ASIDE	REFERRED BACK	TOTAL FINALIZED	COMMENT
4672	4096	400	176	4672	These cases were only attended to at the Desmond Tutu RRO during the level 3-2 lock down.

END

Reply:

(a)(i) Private Office of the Minister

(a)(i) Full Names	(b)(i) Job Title	(b)(ii)Relevant details of the annual salary	(b)(iii) Highest qualification
	Food Services Aid II	R184,359.00 per annum	Standard 8 (Practical) Certificate
	Domestic Worker	R122,595.00 per annum	Grade 11 Certificate
	Special Adviser IV	Total Cost-to-Employer (TCE) package R1,978,533.00 per annum	Bachelor of Journalism and Media Studies Degree, Post Graduate Diploma in Human Resources
	Assistant Appointment Secretary	TCE package R733,257.00 per annum	Baccalaureus Artium Degree in Politics Philosophy and Economics
	Secretary/Receptionist	R265,302.00 per annum	Senior Certificate
	Parliamentary and Cabinet Support	TCE package R1073,202.00 per annum	Master's Degree in Public Management
	Media Liaison Officer	TCE package R1,073,202.00 per annum	Honours Degree in Journalism and Media Studies
	Branch Administrator	R316,791.00 per annum	Senior Certificate
	Domestic Worker	R122,595.00 per annum	Grade 11 Certificate
	Food Services Aid II	R173,703.00 per annum	Certificate Form III
	Private Secretary	TCE package R936,177.00 per annum	Standard 8 Certificate
	Driver/Messenger	R221,382.00 per annum	Senior Certificate
	Chief of Staff	TCE package R1,308,345.00 per annum	Bachelor of Social Science Honours Degree in Policy and Development and National Diploma in Diplomacy
	Community Outreach Officer	TCE package R1,057,326.00 per annum	BSc Degree in Science
	Registry Clerk	R376,596.00 per annum	Bachelor of Arts in Media Studies
	Chief Director: Research Monitoring and Evaluation	TCE package R1,308,345.00 per annum	Master of Arts Degree (Humanities) in Industrial Sociology
	Personal Aide to the Chief Director: Research Monitoring and Evaluation	R173,703.00 per annum	Senior Certificate and N5 Certificate in Marketing Management

(a)(ii) Office of the Deputy Minister

(a)(ii) Full Names	(b)(i) Job Title	(b)(ii)Relevant details of the annual salary	(b)(iii) Highest qualification
	Driver/Messenger	R173,703.00 per annum	Senior Certificate
	Senior Guiding Officer	R376,596.00 per annum	Senior Certificate
	Chief Registry Clerk	R257,508.00 per annum	Senior Certificate
	Parliamentary And Cabinet Coordinator	TCE package R733,257.00 per annum	Masters of Law Degree
	Special Needs Coordinator	TCE package R744,255.00 per annum	Senior Certificate
	Driver/Messenger	R173,703.00 per annum	Senior Certificate
	Community Outreach Officer	TCE package R766,764.00 per annum	Senior Certificate
	Chief Registry Clerk	R257,508.00 per annum	Senior Certificate
	Private Secretary	TCE package R908,694.00 per annum	Senior Certificate
	Senior Administrative Officer	R316,791.00 per annum	Senior Certificate
	Food Aid Services	R102,534.00 per annum	Senior Certificate
	Domestic Worker	R122,595.00 per annum	Senior Certificate
	Technical Specialist	TCE package R1,089,294.00 per annum	BA Degree in Development Studies
	Secretary/Receptionist	R208,584.00 per annum	Senior Certificate
	Head Of Deputy Minister's Office	TCE package R1,057,326.00 per annum	Baccalaureus Artium Honours Degree in English
	Domestic Worker	R122,595.00 per annum	Senior Certificate
	Senior Guiding Officer	R393,783.00 per annum	Grade 11 Certificate

(c) The Deputy Minister is directly related to one of the staff members.

Reply:

I have been advised by the SAPO as follows:

Yes, the SAPO has held a membership at the Irene Country Club.

a) Initial membership commenced on 30/09/2012

b) The membership was from 30/09/2012 to 01/08/2020, for the approximately 8 years.

c) The total cost broken down into annual payments is as follows:

Year	Amount	Type
2012/2013	R79 036.80	Annual Membership
2013/2014	R87 679.68	Annual Membership
2014/2015	R87 679.68	Annual Membership
2015/2016	R66 112.90	Annual Membership
2016/2017	R71 102.55	Annual Membership
2017/2018	R75 368.70	Annual Membership
2018/2019	R70 079.67	Annual Membership
2019/2020	R80 591.62	Annual Membership
TOTAL	R617 651.60

SAPO further wishes to state that the last payment at the Irene Country Estate was in August 2019 and is terminated and will not be renewed under the circumstances.

 

MS. STELLA NDABENI-ABRAHAMS, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

Reply:

I have been advised by the Department and SOCs as follows:

As stated in the Annual Reports to Parliament for the said financial years regarding the department and entities, the details of the payments are as per the tables below, namely;

Department of Telecommunications and Postal Services

1(a) 2017/18:

		(i)To whom	(ii)Amount Paid
(DTPS) Senior Managers	Yes, cash bonuses were paid to deserving senior managers in the 2017/18 and 2018/19 financial years	Performance bonuses paid for the 2017/18 financial year The following senior managers received cash bonuses in the 2017/18 financial year: Mr Shelembe O, DDG: ICT Enterprise Development and SOEs Oversight Mr Osman F, Chief Director: Strategic Planning and Monitoring Advocate Lyons-Grootboom S, Chief Director: Legal Ms Maponya C, Director: HRD Ms Beukes T, Director: HRA Mr Wiltz A, Director: ICT Telecommunication and IT Ms Lesufi C, Director: Telecommunications Mr Motlatla JL, Information Technology Policy Mr Mabuza, Director: Implementation, Monitoring and Evaluation Mr Musetha RD, Chief Director: Broadband Infraco Mr Sono DA, Chief Director: Radio Frequency Spectrum Mr Rabindhnath T, Director: E Skills	The total amount of cash bonuses paid to the senior managers above was R380 565.36 and the budget came from the 1.5% allocated budget from the compensation budget.

2018/2019:

		(i)To whom	(ii)Amount Paid
DTPS		Performance bonuses paid for the 2018/19 financial year The following senior managers received cash bonuses in the 2018/19 financial year: Mr Mlambo B, Director: Parliamentary and Cabinet Support Ms Sebastian P, Director: Parliament and Cabinet Support Mr Mongala S, Director: Risk Management Mr Osman F, Chief Director: Strategic Planning and Monitoring Mr Maleka SM, Director: Strategic Planning Mr Libago J, Director: Monitoring and Evaluation Advocate Lyons-Grootboom S, Chief Director: Legal Ms Maponya C, Director: HRD Ms Masemola JK, CFO Ms Motswoenyane E, Director: SCM Mr Paterson JG, Director: Organisational Economic Cooperation Development Mr Wiltz A, Director: ICT Telecommunication and IT Ms Lesufi C, Director: Telecommunications Mr Musetha RD, Chief Director: Broadband Infraco Mr Gxotiwe S, Director: Broadband Infraco Ms Langa R, Chief Director: Postal Sector Ms Mandlanga NM, Chief Director: Telecommunications and IT Ms Tsolo, P: Director: SOE Governance and Support Ms Paul M, Chief Director: ICT Macro and Infrastructure Applications Mr Pillay K, Chief Director: Cyber Security Operations Ms Duma G, Director: Intergovernmental Coordination Ms Mallela P, Director: Stakeholder Relations	The total amount of cash bonuses paid to the senior managers above was R499 660.23 and the budget came from the 1.5% allocated budget from the compensation budget.

1. Yes, the bonuses were performance based. The senior managers were found to have performed above what was expected of them in relation to their signed performance agreements in the Moderation Committee meetings and the payment of incentives was approved by the Minister.

3(a) Yes, all senior managers were assessed based on signed performance agreements and performance assessments.

3(b) Yes, all senior managers who received bonuses had mid-term reviews with their supervisors.

Department of Communications

1(a) 2017/2018:-

		(i)To whom	(ii)Amount Paid
Department of Communications (DoC) Senior Managers	Yes, cash bonuses were paid to deserving senior managers in the 2017/18 and 2018/19 financial years	Performance bonuses paid 2017/18 financial year The following senior managers received cash bonuses in the 2017/18 financial year: Mr Kgarabjang T, Director: Legal Services Mr Nieman F, Director: Financial Administration Ms Phetla K, Director: Director: Strategic Planning and monitoring	The total amount of cash bonuses paid to the senior managers above was R303 455.68 and the budget came from the 1.5% allocated budget from the compensation budget.

2018/2019:-

		(i)To whom	(ii)Amount Paid
DoC		Performance bonuses paid 2018/19 financial year The following senior managers received cash bonuses in the 2018/19 financial year: Mr Kgarabjang T, Director: Legal Services Ms Mmushi T, Director: Internal Audit	The total amount of cash bonuses paid to the senior managers above was R163 241.04 and the budget came from the 1.5% allocated budget from the compensation budget.

1. Yes, the bonuses were performance based. The senior managers were found to have performed above what was expected of them in relation to their signed performance agreements in the Moderation Committee meetings and the payment of incentives was approved by the Minister.

3(a) All senior managers were assessed based on signed performance agreements and performance assessments.

3(b) Yes, all senior managers who received bonuses had mid-term reviews against their signed PAs with their supervisors.

State Owned Entities

1(b)

Entity	Financial Year	(i)To whom	(ii)Amount Paid
ZADNA	Yes, for FY 2018/19 only	Mr Peter Madavhu Mr Louis Bezuidenhout Ms Hendrina Williams
		TOTAL	R93 979.00
SABC	No	N/A	N/A
Film and Publication Board (FPB)	Yes, for FY 2018/19	Unathi Ndobeni
		TOTAL	R79 743.23
Independent Communications Authority of South Africa (ICASA)	Yes, FY 2017/2018	Gidi Nkhetheleni Norman Sookharan Anneal Kumar Ngwepe Willington Alpheus Van der Walt Maria Elizabeth Nomtshongwana Anele Zandile Maina Leah Watetu Mngomezulu Portia Busisiwe Khumalo Albert Junior Kganakga Magobotla Daniel
		TOTAL 2018	R1 813 700.24
	Yes, FY 2018/2019	Gidi Nkhetheleni Norman Sookharan Anneal Kumar Ngwepe Willington Alpheus Van der Walt Maria Elizabeth Nomtshongwana Anele Zandile Maina Leah Watetu Mngomezulu Portia Busisiwe Khumalo Albert Junior Kganakga Magobotla Daniel
		TOTAL 2019	R2 222 738.77
Broadband Infraco (BBI)	No	N/A	N/A
Nemisa	Yes, FY 2018/19 only	Mr Doc Fick Mr Phuthi Phukubje
		TOTAL 2018/19	R 394 326.00
Sentech	Yes, FY 2017/18 & FY 2018/19	Mr Mlamli Booi Mr Tebogo Leshaope Mr Siphamandla Mthethwa
		TOTAL 2017/18 FY	R2 192 805.64
		TOTAL 2018/19 FY	R3 250 597.17
State Information Technology Agency (SITA)	Yes, 2018/19 only	Ms Mimi Le Roux Mr Lance Williams Mr Sidima Ntsangani Mr Ntutule Tshenye Mr Ken Weinand Ms Makgopolo Mkwanazi Mr Setumo Mohapi
		TOTAL	R348 761. 91
Postbank	No	N/A	N/A
USAASA	No	N/A	N/A
SAPO	No	N/A	N/A

2. ZADNA, FPB, ICASA , Nemisa, Sentech, and SITA indicated that the bonuses paid were performance-based. (The question is not applicable to the SABC, BBI, Postbank , USAASA and SAPO as no bonuses were paid during the during the financial years in question)

3(a)&(b) ZADNA, FPB, ICASA, BBI, Nemisa, Sentech and SITA confirmed that performance agreements were signed and regular performance assessments were conducted. (The question is not applicable to the SABC, BBI, Postbank , USAASA and SAPO as no bonuses were paid during the during financial years in question)

 

MS. STELLA NDABENI-ABRAHAMS, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

           

Reply:

I have been advised as follows:

1. Names of current members of the Presidential Commission on the Fourth Industrial Revolution:

• Prof. Tshilidzi Marwala
• Prof. Chris Adendorff
• Ms Beth Arendse
• Mr Mpho Dagada
• Mr Thulani Dlamini
• Mr Abdul Esakjee
• Dr Bernard Fanaroff
• Dr Micheal Gastrow
• Mr Xolile George
• Ms Chairmaine Houvet
• Dr Prince Jaca
• Mr Tervern Jaftha
• Mr Shameel Joosub
• Ms Nomso Kana
• Ms Marinda Kellerman (resigned)
• Mr Baxolile Mabinya
• Mr Rendani Mamphiswana
• Ms Lindiwe Matlali
• Ms Busisiwe Mbuyisa
• Ms Nomvula Mkhonza
• Mr Vukani Mngxati
• Mr Joseph Ndaba
• Dr Nompumelelo Happworth-Obokoh
• Mr Rendani Ramabulana
• Dr Leon Rolls
• Mr Rob Shuter
• Dr Sibongiseni Thotsejane
• Mr Aubrey Tsabalala
• Mr Gerhard van Deventer
• Mr Ben Venter
• Ms S’onqoba Vuba

b) Mr Andile NgcabaThe advent of the COVID-19 in March 2020 prompted that the planned presentation to the President in March 2020 be postponed accommodating the availability of the President. The confirmed date for presentation to the President was 06 August 2020. The diagnostic report was also presented to the President on 07 November 2019.

c) The report was presented to the department on 21 January 2020.

 

MS. STELLA NDABENI-ABRAHAMS, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

 

Reply:

The North West Provincial Department of Cooperative Governance, Human Settlements and Traditional Affairs has indicated that the village is known as Ramokokastad which is located in Ward 12 in the area of jurisdiction of the Moses Kotane Local Municipality. Initially, the Peoples Housing Programme project consisted of 200 housing units of which 145 houses were constructed during 2004. In 2005, the National Home Builders Registration Council (NHBRC) required all home builders to enrol building projects and therefore the project was stopped to enable the developers to meet the requirements. However, the developers failed to register as required by the NHBRC and the project was thus not completed.

In June 2019, the Provincial Department appointed a developer to unblock the project and to construct the remaining 55 houses. To date, 52 houses have been completed and the remaining 3 houses are at completion stage of which the installation of ceilings, painting and the clearing of rubble are in progress.

Reply:

President Cyril Ramaphosa has signed performance agreements with all Ministers to strengthen the capacity of the State and increase accountability.

These agreements, which are based on the targets contained in the Medium-Term Strategic Framework – have been made public so that the people of South Africa can hold those who they elected into office to account.

Copies are available at: https://www.gov.za/about-government/government-system/ministers-performance-agreement.

Reply:

Honourable Member, the legislative mandate of the Department of Water and Sanitation is to ensure that the country’s water resources are protected, managed, used, developed, conserved and controlled in a sustainable manner for the benefit of all people and the environment.

The Water Services Act, 1997 refers to municipalities as Water Service Authorities (WSAs) responsible for distribution (reticulation) of water and to supply sanitation services. The Water Services Act in section 3 outlines the right of access to basic water supply and sanitation which mandates that “everyone has a right of access to basic water supply and basic sanitation” and places the responsibility on Water Services Authorities to ensure that they develop a Water Services Development Plan (WSDP) to ensure the realisation of this right.

Section 11 of the Water Services Act, 1997 mandates that “every Water Services Authority has the duty to all consumers or potential consumers in its area of jurisdiction to progressively ensure efficient, affordable, economical and sustainable access to water services.”

The Dr Ruth Segomotsi Mompati District (DM) is a Water Service Authority (WSA) with a mandate for the provision of water and sanitation services within its jurisdiction in the North West Province. The Municipality is responsible for ensuring good quality of potable water in the area. The Honourable Member is therefore referred to the Minister of Cooperative Governance and Traditional Affairs (COGTA) for the outcome of any tests carried out by the municipality.

Reply:

a) (i) and (ii)The Department, working with the sector has followed government’s risk-adjusted strategy for the phased re-opening of economic activities.

b) and (c) (i),(ii) and (iii)The associated timelines are contained in the tabled Strategic Plan 2020/21 – 2024/25 as well as the reviewed and retabled Annual Performance Plans 2020/21 – 2022/23.

Reply:

The Department of Water and Sanitation had initially planned to establish nineteen (19) Catchment Management Agencies (CMAs) but this number was later rationalised to nine (9) in March 2012.

In line with the 2013 Presidential Review Committee on State-owned Entities, the DWS has continued to review institutional arrangements for water sector entities, taking into account a number of principles in analysing the options to improve operational efficiencies and reduce costs through consolidation and rationalisation of CMAs.

I have therefore recently approved a reconfiguration and establishment of six (6) CMAs as follows:

• Inkomati-Pongola.
• Breede-Gouritz-Olifants.
• Limpopo-Olifants.
• Mhlatuze-Umzimkhulu.
• Vaal-Orange.
• Mzimvubu-Tsitsikama.

Further, I have appointed Advisory Committees for the Breede-Gouritz-Olifants, Limpopo-Olifants, Mhlatuze-Umzimkhulu and Vaal-Orange CMAs in terms of section 81(3) of the National Water Act (Act 36 of 1998). The responsibility of the Advisory Committees is to recommend a list of organs of state and bodies representing different sectors within the Water Management Areas of the CMAs which should be represented on the Governing Boards of the proposed CMAs.

Reply:

(a) The rapid land release programme has commenced through the reprioritisation of the budget allocation for the 2020/21 Human Settlements Development Grant and the Urban Settlements Development Grant.

(b) The land that is released to beneficiaries to build houses for themselves is primarily identified within the declared priority development areas.

The priority development areas are intended to advance Human Settlements Spatial Transformation and Consolidation by ensuring that the delivery of housing is used to foster new integrated, functional and inclusive urban forms that can overcome apartheid spatial patterns.

Typically, these land parcels are well located areas that provide convenient access to social amenities such as schools, health facilities and job opportunities. For example, Elijah Barayi, Westonaria Borwa and Montrose Mega projects located within the Gauteng West Rand have serviced sites earmarked for Rapid Land Release as part of Mega human settlements development and make provision for the required socio-economic amenities.

Therefore, the Rapid Land Release Plan will not compromise the spatial transformation agenda.

Reply:

(1) The status of the National Norms and Standards for Domestic Water and Sanitation Services: Version 3 published in Gazette Notice 982 in the Government Gazette 41100 of 8 September 2017 for public comments has not been finalized and therefore it is not legal as yet. There were numerous concerns raised by stakeholders and such concerns were found to be material through a legal opinion that was sought by the Department of Water and Sanitation (DWS) after the consultation process was finalized.

While the DWS is reviewing the National Norms and Standards for Domestic Water and Sanitation Services, the regulations relating to compulsory National Standards for Water and Sanitation Supply GNR.509 of 08 June 2001, issued in terms of the Water Services Act, Act 108 of 1997 remain legally applicable. Therefore, there is no lacuna in law.

(2) A roadmap and timelines on the date of the public participation process will be furnished to the Honourable Member once the norms and standard have been finalised.

(3) It is envisaged that the review or amendment of the norms and standards will be finalized and approved in the next financial year (2021/22).

Reply:

The Department of Tourism does not handle scientific data dealing with the determination of red list of high-risk countries. The matter falls within the mandate of the Department of Health.

(a)– (c) Not applicable

Reply:

Honourable Member, government is no longer building Reconstruction and Development Programme (RDP) houses. RDP houses were discontinued as soon as Cabinet adopted the Comprehensive Plan for the Development of Sustainable Human Settlements in 2004 setting new standards for housing typologies for government houses referred to as BNG houses.

The Department Human Settlements in Limpopo has advised that the name of the village referred to in the question is Ga-Rantho, but it is commonly referred to as Magolaneng. The Magolaneng village is located in the area of jurisdiction of the Makhuduthamaga Local Municipality in Ward 20. During 2017/18 a contractor was appointed to construct 230 houses of which 5 houses were to be constructed in Magolaneng village.

The contractor’s contract was terminated due to poor workmanship after 176 housing units were completed. Subsequently, two contractors were appointed in March 2020 to complete the units, however, due to the national lockdown work only commenced in August 2020.

The new contractors have started with construction in the nearby village of Mahlolwaneng and it is expected that they will then move to Ga-Rantho (Magolaneng) to finish the incomplete 5 houses.

The project is expected to be completed by the end of the financial year.

Reply:

(a)-(b) (i) and (ii)

There is neither a policy decision nor a plan to subsidise domestic travel, however engagements with the sector aimed to encourage responsible pricing that would stimulate increase in domestic leisure travel. There is also no additional financial relief measure specific to the sector at this stage owing to the constraints in the fiscal environment. However, tourism businesses are encouraged to make use of the R200 billion credit guarantee scheme/facility that was setup between the Reserve Bank, commercial banks and the National Treasury.

Reply:

The Tourist Guide Relief Fund is meant to benefit tourist guide who are freelancers because they would not be eligible to claim for the TERS. A decision on whether a tourist guide is a freelancer or not, is employed and/or receives UIF payment is based on information contained within a database held by the Unemployment Insurance Fund. Decision on whether a tourist guide qualifies to receive the relief payment or not were taken on the basis of the information received from the UIF as the sole custodian of such information. Tourist guides who may have queries regarding their UIF related information should direct such to the UIF accordingly.

Reply:

a) (i)- (iv) Steps that were taken in the past three years by the Department to make the tourism and hospitality sector more representative.

Whilst the government sets the policy framework through the B-BBEE Act and sector specific Codes as as amended, the private sector has a significant role to play in the changing of the partterns of ownership and mining full participation of designate group in the sector. Departmental efforts alone can never bring the desired change in terms of transformation. All programmes in the department are implemented with a bias towards supporting designated groups i.e. Women, Youth and Persons living with disabilities; and tourism development in rural areas amongst others. Departmental interventions include amongst others, skills development, market access, product development and enhancement, development finance, business development and supporting National Treasury in guiding public sector expenditure on tourism services. It is also worth noting that department‘s own expenditure is driven by the principles and prescripts that guides transformation.

(b) and (c) The Honourable member is referred to the past three years’ Annual Performance Reports as well as the Quarterly Performance Reports that were presented to the Portfolio Committee on Tourism for the detail and final numbers of all beneficiaries that completed the programmes of the department.

The Honourable Member is further referred to the detailed presentation made by the Tourism B-BBEE Charter Council to the Portfolio Committee on Tourism on 29 October 2019 on the State of Transformation in Tourism. The Department implements all its programmes in line with the Tourism B-BBEE Codes and provides support to the work done by the Charter Council.

(d) Not applicable, the question is about transformation of the sector.

(e) Not applicable.

Reply:

Honourable Member, the District Development Model (DDM) will go a long way in ensuring an operational model for improved cooperative governance that promotes the need to shift to a joint development planning approach

The model was launched last year and as we were piloting it in a number of districts, the COVID-19 pandemic befell us and altered some of our plans.

The Departments of Water and Sanitation intends to take advantage of the model and work closely with COGTA to ensure its successful implementation. It intends to employ the following strategies:

• the Department of Water and Sanitation working with COGTA, through the Municipal Infrastructure Support Agency (MISA), will establish a Project Management Unit at a Provincial level that shall support all District Municipalities to roll out the Model.
• DWS intends to work with District Municipalities in the planning and implementation of Infrastructure Projects, with MISA assisting in a support role for Monitoring and Evaluation of the DDM.
• It will utilise integrated planning to address challenges of misalignment of plans of all Sector Plans, to enable all spheres to focus on One Plan at District Levels, financial resources appropriated correctly for each financial year outputs is crucial.
• Identification of priorities over five-year term period, and development of integrated plans.
• Long term (10 years) implementation plans that are aligned to the National Water and Sanitation Master Plan should also be developed
• A Human Resource Plan to be developed for each District Municipality and Water Services Authorities in relation to critical skills including technical, financial and project management
• Public Private Partnerships (PPPs) must be encouraged for possible funding of the catalytic infrastructure projects.

Reply:

(a) I have been informed that a request for quotations was placed on the following panels: The Housing Development Agency’s panel of contractors, database for innovative technologies from the National Home Builders Registration Council, the database of Temporary Residential Accommodations (TRA’s) from the National Department of Human Settlements and databases of various Provincial Departments of Human Settlements. The request for proposals is attached as Annexure A.

(b) Not applicable.

(c)&(d) A total of 32 requests for quotations were received from prospective service providers. Further details of the quotations received are available for viewing at the premises of the HDA Head Office: Block A, 6-10 Riviera Road Office Park, Killarney. The records include personal information. This is in accordance with Section 19(1) of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013).

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

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

 

Reply:

It is not normal practice for the Minister to ignore correspondence from stakeholders of the Department; and in particular from members of the Portfolio Committee on Small Business Development. The Honourable Member can be assured that the matters raised in the letter are a subject that the Minister prioritises and feels strongly about. The Honourable Member can be further assured that the Minister has raised these concerns with the Minister of Finance. However, as previously indicated in a reply to a written parliamentary question on this matter, the Office of the Chief Procurement Officer, which is situated within National Treasury, is entrusted with this responsibility and therefore the letter is requested to be re-directed to the Ministry of Finance.

Further to this, the letter was sent directly to the Minister’s inbox at a time when the Minister was in the midst of working on the department’s response to the impact of COVID-19 on small, medium and micro enterprises and co-operatives in South Africa. This, together with her numerous other commitments, does mean at times the Minister may not be able to immediately respond to the huge amount of correspondence sent directly to the Minister’s inbox, without copying the supporting officials. For this exact reason, there are a number of officials that are assigned to assist the Minister to timeously attend to correspondence and the office of the Honourable Member is requested to copy the officials in correspondence with the Minister as they were not copied the letter that was sent to the Minister in July 2020. The officials are:

• Ms Rudzani Nevhutshena: [email protected]
• Mr Akhona Jonginamba: [email protected].za
• Mr Moyahabo Sebe: [email protected]

Reply:

I am advised by the Commissioner of the Companies and Intellectual Property Commission (CIPC) of the following:

a) The CIPC held a meeting with the South African Broadcasting Corporation (SABC), which is a big user of sound recordings for needle-time rights to establish a working relationship between the two entities. In terms of the envisaged working relationship, the SABC will share with CIPC the data/information on the use of sound recordings. The data/ information from SABC, will be used to verify distributions made by Collecting Societies (SAMPRA and IMPRA) in this regard. Data/information on usage in simple terms determines how much performing artists and owners of sound recordings must get as their royalty for the use of their music repertoire.

b) The data / information from SABC, which shows how many sound recordings were used or played, will be made available to CIPC and Collecting Societies. This will create transparency and efficiency in the distribution process of royalties. Of the two Collecting Societies that CIPC is regulating, an audit has been performed on SAMPRA processes and systems to ensure transparency and a further audit to all distributions will be performed. A tracking register has been developed with SAMPRA to track the improvement on its systems and processes.

CIPC has also embarked on robust education and awareness sessions to the performing artists and owners of sound recordings. The sessions explain their rights as members of the Collecting Societies so that they can enforce accountability and transparency in the manner in which such Collecting Societies run their business. This is also to ensure good governance.

c) CIPC has requested the World Intellectual Property Organization (WIPO) in writing to send a mission to South Africa for technical assistance to Collecting Societies and big users such as SABC on how best to generate data / information on use of sound recordings using new technological system. This will, in our view create a more transparent system and accountability.

-END-

Reply:

(1) What are the reasons that no inspections were conducted by the:

(a) Independent Regulatory Board of Auditors (IRBA):

Reply from IRBA:

The institutions that fall under the Financial Intelligence Centre Act 38 of 2001 (the FIC Act) supervisory responsibilities of IRBA are similarly supervised by the Financial Sector Conduct Authority (FSCA) for FIC Act compliance under Item 12 of Schedule 1 of the FIC Act.

It is due to this overlap that in 2012, IRBA and FSCA concluded a Memorandum of Understanding wherein FSCA agreed to supervise those institutions that fall under IRBA’s supervisory responsibility for purposes of FIC Act compliance.

As such, IRBA has not conducted any FIC Act compliance inspections during the 2019/20 financial year as these institutions are supervised for FIC Act compliance by FSCA on the IRBA’s behalf.

Due to this overlap and at the request of IRBA, the FIC has proposed to the Minister of Finance an amended Schedule 2 of the FIC Act that will exclude IRBA as a supervisory body.

The proposed amended Schedules to the FIC Act are currently before the Minister of Finance for consideration and further consultation.

(b) Limpopo Gambling Board:

No reply received from Limpopo Gambling Board.

Reply from the FIC:

In 2018, the Limpopo Gambling Board was informed by the FIC that then Minister of Finance had approved the process to consult on the exit of the provincial gambling boards as supervisory bodies and transfer their FIC Act supervisory responsibilities to the FIC.

Based upon previous discussions, the FIC believes that in anticipation thereof, the Limpopo Gambling Board did not plan or execute any FIC Act inspections during the 2019/20 FY.

(c) Free State Gambling and Liquor Authority:

Reply from Free State Gambling and Liquor Authority:

The Free State Gambling and Liquor Authority was unable to conduct FIC Act inspections during the 2019-20 financial year due a lack of resources, with only one (1) inspector responsible for conducting FIC Act inspections for the entire province.

(d) KwaZulu-Natal Gambling and Betting Board:

No reply received from KwaZulu-Natal Gambling and Betting Board.

Reply from the FIC:

In 2018, the KwaZulu-Natal Gambling and Betting Board was informed by the FIC that then Minister of Finance had approved the process to consult on the exit of the provincial gambling boards as supervisory bodies and transfer their FIC Act supervisory responsibilities to the FIC.

Based upon previous discussions, the FIC believes that in anticipation thereof, the KwaZulu-Natal Gambling and Betting Board did not plan or execute any FIC Act inspections during the 2019/20 FY.

(e) Western Cape Gambling and Betting Board:

No reply received from Western Cape Gambling and Betting Board.

Reply from the FIC:

In 2018, the Western Cape Gambling and Betting Board was informed by the FIC that then Minister of Finance had approved the process to consult on the exit of the provincial gambling boards as supervisory bodies and transfer their FIC Act supervisory responsibilities to the FIC.

Based upon previous discussions, the FIC believes that in anticipation thereof, the Western Cape Gambling and Betting Board did not plan or execute any FIC Act inspections during the 2019/20 FY.

(f) North West Gambling Board:

Reply from North West Gambling Board:

During 2019/20 financial, the North West Gambling Board conducted 650 inspections in terms of the North West Gambling Act 2 of 2001, which included checks and verification for FIC Act compliance.

Reply from the FIC:

For an inspection to qualify as a FIC Act inspection, it must be instituted in terms of section 45(B) of the FIC Act.

Since the 650 inspections conducted by the North West Gambling Board were instituted in terms of the provisions of the North West Gambling Act 2 of 2001 and not the FIC Act, these do not legally qualify as FIC Act inspections.

As such, the FIC’s annual report for 2019/20 reflected a nil figure for FIC Act inspections conducted by the North West Gambling Board.

(2) What are the reasons that the Northern Cape Gambling and Racing Board failed to submit its investigation (inspection) figures?

Reply from Northern Cape Gambling and Racing Board:

On 14 July 2020, the FIC was verbally informed that no FIC Act inspections were conducted for the 2019/20 financial year.

Reply from the FIC:

The FIC confirms that the Northern Cape Gambling and Racing Board had on 14 July 2020 verbally confirmed that it had not conducted any FIC Act inspections for the 2019/20 financial year.

The FIC had however requested that such be formally confirmed in writing on the institutions letter- head but no such written confirmation was received.

As such, the FIC reflected in its annual report that the Northern Cape Gambling and Racing Board had failed to submit its inspection figures.

The Northern Cape Gambling Board has not provided an explanation as to why their inspection figures were not formally confirmed in writing.

Reply:

1. The Musina-Makhado Special Economic Zone (SEZ) was designated by Cabinet in accordance with the Special Economic Zone Act No 16 of 2014. The Act prescribes a process in which all special economic zones are designated.

I am advised that the project was not designated as a Presidential project.

The Department reports that implementation of Musina-Makhado is coordinated through a Steering Committee that consists of various departments and State owned entities such as the Department of Water Affairs and Sanitation and Eskom. The purpose of the steering committee is to support the SEZ company with the mobilisation and management of stakeholders, particularly with regards to sector departments and state owned entities. At this stage, departments have not committed specific funding towards the development of the project. The province is still finalising the Master plans and environmental authorisation processes.

2. The Environmental Impact Assessment (EIA) application for Musina Makhado Special Economic Zone has been launched in terms of the National Environmental Management Act and the associated regulations. The process is still underway.

The Limpopo government has advised the Department that it has an investor pipeline of $15.2 billion with potential investors in various projects ranging from power generation to minerals beneficiation. According to the Province, the investors will be bringing their own funds to finance their investment projects.

-END-

Reply:

On 25 March 2019, the Financial Intelligence Centre (“the FIC”) conducted an inspection on SA Mint, with the following compliance deficiencies identified:

a) Failure to update information related to the SA Mint’s registration:

1. The SA Mint was registered with the FIC as a reporting institution with effect from 27 November 2013.

2. With the introduction of FIC’s goAML registration system in 2016, the notification to register on the new system was sent to an employee that had left the SA Mint, resulting in SA Mint not being aware of the notification and thus not updating its information on the new online registration system.

3. In August 2019 and subsequent to the inspection, SA Mint updated its registration information with the FIC.

(b) Failure to report cash threshold transactions:

1. In terms of the inspection conducted, the FIC found that SA Mint did not report cash transactions at its retail store, Coin World, as well as direct cash deposits made into its bank account.

2. Furthermore, the FIC found that the internal classification of funds received, did not differentiate between cash or electronic payments.

3. In addition, there were two instances of cash received at the retail outlet, which were reported late and not in accordance with the FIC Act time frames.

4. SA Mint confirms that where the information was available, the relevant cash threshold transactions have been reported to the FIC subsequent to the inspection.

5. Further, SA Mint confirms that it continues to timeously report all relevant cash threshold transactions in accordance with section 28 of the FIC Act.

6. Currently, the SA Mint is in full compliance with the FIC Act and the relevant training, processes, procedures and monitoring systems are in place to ensure full compliance with its FIC Act obligations.

 

Reply:

a) The Business Continuity Plan was undertaken in the 2020/21 APP and has already been developed. It could not be completed during the financial year 2019/20 due to the responsible employee having resigned from the FFC.

b) In terms of the Disaster Recovery Plan, the process of developing it is underway and also linked to the ICT rejuvenation implementation that is underway. It should be completed before the end of 2020/21 financial year. It could not be completed during the financial year 2019/20 due to the responsible employee having resigned from the FFC.

c) The Document Feasibility Study was not done in the 2019/20 financial year because the secondment of an expert, who was supposed to assist with the feasibility study could not be made be available by their institution. The FFC subsequently engaged SALGA to conduct a feasibility study and a report has now been provided.

d) The Compliance Charter was not completed in 2019/20 financial year, this due to the fact that the FFC has to benchmark it against institutions of a like nature and other constitutional institutions.

Reply:

The Competition Commission of South Africa is empowered by the Competition Act (the Act) to review mergers and acquisitions in South Africa where an acquiring establishes control over an acquisition target. The Act requires the Commission to determine whether or not the merger is likely to have an anti-competitive effect, including whether or not the merger will result in the removal of an effective competitor. In addition, the Commission must assess whether or not the merger can be justified on substantial public interest grounds, by assessing the impact of the merger on (i) a particular industrial sector or region; (ii) employment; (iii) the ability of small and medium businesses, or firms controlled or owned by historically disadvantaged persons, to effectively enter into, participate in and or expand within the market; (iv) the ability of national industries to compete in international markets; and (v) the promotion of a greater spread of ownership, in particular to increase the levels of ownership by historically disadvantaged persons and workers in firms in the market. The provisions of the Act would apply to acquisitions by firms such as Google and/or Facebook where they acquire control of a target firm and where the transaction meets the thresholds set out in the legislation.

The Facebook/ WhatsApp transaction took place in 2015. I am advised that the transaction was not notifiable because WhatsApp did not generate any revenue in South Africa, meaning that the transaction did not meet the South African merger notification thresholds. However, both locally and globally, competition authorities have reconsidered the approach of competition authorities to regulating digital markets.

I am advised that the Competition Commission does not have any active cases against Amazon.

In general terms, over the last decade South Africa has played a global thought leader role in how to balance competition and public interest considerations in order to promote foreign investment whilst ensuring that mergers safeguard and promote jobs, localisation, and other dimensions of our public interest and our economic policy.

-END-

Reply:

1. The level 16 posting is that of the Chairperson of the Commission who is not an employee in terms of the definition and who serves on a five-year fixed term contract. The Chairperson’s remuneration is a Presidential determination after recommendation by the Independent Commission for the Remuneration of Public Office Bearers. Accordingly, the Chairperson of the Commission is not a recipient of performance rewards.

2. Two employees were dismissed after having been found guilty of the charges they were served with at their respective disciplinary hearings. The one employee was found guilty on a charge of sexual harassment, while the other was found quilty on a variety of charges relating to the transgression of the Public Finance Management Act, 1999 (Act 1 of 1999, as amended) and FFC Policies.

Reply:

I am advised by the South African Bureau of Standards (SABS) that it is not required to approve speed hump designs or standards. The SABS is responsible for promulgating voluntary standards and not compulsory standards. The Department of Transport and Department of Public Works, local municipalities or an interested party or association could submit a request for the development of a new standard or a New Work Item for consideration as per the national standards development process.

-END-

Reply:

The Department of Small Business Development (DSBD) does not have a backlog of service providers’ invoices that prevents the Department from paying within 30 days as per Section 38 (1)(f) of the Public Finance Management Act.

Also, the Small Enterprise Development Agency (Seda) has no backlog. At the end of November 2020 did not have any creditors not paid within 30 days.

The total value of the Small Enterprise Finance Agency (sefa) invoices backlog by end of November 2020 amounted to R57 435.60. This amount relates to two service providers as follows:

Name of Service Provider	Invoice Number	Invoice Date	Amount	Comments
Sisanda Property Valuers	SE01/P005	28/09/2020	R9 453.00	Sisanda Property Valuers was appointed to assist with valuation services. The service provider invoiced sefa under a different company name: Liquidation Station (Pty) Ltd, which is not aligned with their original proposal. The email enquiry was sent to Sisanda Property Valuers to clarify the matter as they did not declare this information on the quotation. In their response Sisanda indicated that they secured a joint venture agreement with Liquidation Station (Pty) Ltd. sefa Supply Chain Management requested Sisanda Property Valuers to submit the JV documents/board resolution as proof to substantiate their claim. Multiple follow-up emails were sent to Sisanda Property Valuers and to date they have not responded.
Refinitiv UK Limited	98014597	30/10/2020	R47 982.60	A Purchase Order (PO) was issued to Refinitiv UK Limited, the service provider then raised an additional subscription invoice that exceeds the approved original PO amount. A submission for the additional invoice has been approved by the relevant business unit and the additional invoice will be settled by 18 December 2020.
Total			R57 435.60

_______________________________________________________________________________

RESPONSE RECOMMENDED BY:

_______________________

MR LINDOKUHLE MKHUMANE

ACTING DIRECTOR GENERAL: DEPARTMENT OF SMALL BUSINESS DEVELOPMENT

DATE:

______________________________________________________________________________

RESPONSE RECOMMENDED BY:

________________________

MS ROSEMARY CAPA, MP

DEPUTY MINISTER OF SMALL BUSINESS DEVELOPMENT

DATE:

_______________________________________________________________________________

RESPONSE APPROVED BY:

_________________________

MS KHUMBUDZO NTSHAVHENI, MP

MINISTER OF SMALL BUSINESS DEVELOPMENT

DATE:

Reply:

a) The late payment of invoices during 2019/20 financial year is due to various reasons, which include circumstances where the FFC had to perform reconciliation on disputes raised with the suppliers. Controls have been strengthened wherein on a weekly basis, as opposed to monthly, the supplier age analysis is generated to enable the weekly payment of suppliers, which allows ample opportunities to resolve issues. Where the internal controls are not adhered to, resulting in late payment and interest charged by a service provider, steps have been taken against staff as part of consequence management to achieve compliance and to manage such performance of staff.

b) The expenditure in question is relates to the remuneration of the FFC Chairperson which dates back to the time of appointment of the late Chairperson, wherein there was a difference between the remuneration and the salary determination by the Independent Commission for Remuneration of Public Office Bearers, as ascented to by the President. In respect of this amount, the contributing factor is the delay in the proclamation of salaries of office-bearers for 2019/20, which potentially might have rendered this amount not to be unauthorised. In July 2020, the FFC sought condonation of this expenditure from National Treasury and to date has not receive an outcome, although making follow-ups. A further request for condonation in this regard, for the period 1 April 2020 to 10 October 2020 and amounting to R23,000, was made in November 2020 and we equally await feedback. Should the condonation be approved, as was the case for such amounts in the prior financial years, this irregular expenditure would be resolved and this would be removed from the disclosure note and reflected in the annual financial statements for the 2020/21 financial year.