Questions and Replies

Reply:

(a) 

(i) The total number of fulltime shop stewards elected by labour unions and paid by the state in the Public Service is 395.

(ii) The total number of elected National office bearers electedby labour unions that are employed and paid by the State in the public service is 32.

b) Breakdown of the number of (i) full-time shop stewards and (ii) national office bearers elected by labour unions employed and paid by the State in the public service in each (aa) national government department, (bb) provincial government department and (cc) public sector labour union is attached hereto as TagA1.

End

Reply:

(a)(i),(ii) The table below reflect number illegal invasion where there is human occupation on the property owned by the Department:

(a) (i) Each Province	(a) Number Instances of Illegal Invasion	(ii) of the past five financial years
		2016/17	2017/18	2018/19	2019/20	2020/21
EC	20			4	15	1
FS	12		1	4	6	1
GP	3			2	1
KZN	43	7	2	2	23	9
LP	18	11	5	2
MP	6		1	2	1	2
NC	8		8
NW	25	1		4	20
WC	1				1
Total	136	19	17	20	67	13

(b)(c),(d) Please refer to Annexure A.

ANNEXURE A OF NA-QUES 1331 OF 2020

Province	Town Name	Parcel	Portion	Farm Name	(b) Current status of occupation	(c) total number of persons are currently occupying the land	(d) steps have her department taken)
FS	Harrismith	1903	97	Portion 97	The illegal occupiers are still in occupation	4 persons	Ministerial approval was granted for the eviction of all the occupiers. The legal process is underway.
FS	Harrismith	1903	77	Portion 77	Family occupying the farmhouse illegally.	4 persons	Eviction order was granted against Mr Mphuthi. He vacated the farm, but his immediate family is refusing to vacate.
FS	Harrismith	1903	134	Portion	Person is illegally occupying the farm	1 person	Notifications to vacate the farm were issued to Mrs Rosa Mphuthi. She refused to vacate. Ministerial approval will be sought to institute eviction proceedings against Mrs Mphuthi.
FS	Harrismith	1903	135	Portion	Person is illegally occupying the farm	1 person	Notifications to vacate the farm were issued to Mrs Rosa Mphuthi. She refused to vacate. Ministerial approval will be sought to institute eviction proceedings against Mrs Mphuthi.
FS	Harrismith	365	1	Bloemhof	The illegal occupier is still on the farm	1 person	Notification to vacate the farm was issued to Mr Hlatshwayo, in the presence of the SAPS, but he refused to vacate. He later promised to move his livestock to Ladysmith and then reneged during the lockdown period. Mr Hlatshwayo has recently agreed to vacant end of Oct 2020.
FS	Harrismith	1903	80	Portion 80	The illegal occupiers are still on the farm	2 persons	Notifications to vacate the farm were issued to Mr Mofokeng and Mr Shabangu, but they refused to vacate. Ministerial approval was granted for the initiation of eviction proceedings. The legal process is underway.
FS	Thaba'Nchu	Erf 720	0		Illegal occupation.	1 person	Notification to vacate was issued to Mr Hamid. Due to no co-operation, Ministerial approval will be sought to initiate eviction proceedings.
FS	Thaba'Nchu	Erf 277	0		Illegal occupation.	1 person	Notification to vacate was issued to Mr Hamid. Due to no co-operation, Ministerial approval will be sought to initiate eviction proceedings.
FS	Thaba'Nchu	Erf 181	0		Illegally occupied.	4 persons	Notification to vacate was issued. Approval is still being sought for the initiation of eviction proceedings.
FS	Bloemfontein	3000	1	Moroka	The farm is occupied illegally.	8 persons	Mr Ntheri was given notification to vacate in 2012. Due to no cooperation, eviction proceedings were initiated and are still underway.
FS	Bloemfontein	534	6	Waaikraal	Group of illegal invaders occupied the farm.	6 persons	Notifications to vacate were issued. Due to lack of cooperation, approval is still being sought for the initiation of eviction proceedings.
FS	Thaba'Nchu	116	0	Waalhoek	Land is illegally sublet.	2 persons	Notifications to vacate were issued. Due to lack of cooperation, approval is still being sought for the initiation of eviction proceedings.
GP	Pretoria	97	4	Stinkwater	Occupied - settlement	70 households	State Attorney was approached to assist with the eviction of illegal occupants. Legal papers have been drawn.
GP	Pretoria	116		Klipdrift	Occupied - settlement	80 households	State Attorney was approached to assist with the eviction of illegal occupants. Legal papers have been drawn and pleadings have closed and awaiting a trial date.
GP	Walkerville	333		Cyferfontein	Occupied - settlement	350 households	Case opened with the De Deur Police Station and is still under investigation.
LP	Burgersfort	275	R/E	Praktiseer	The invaders are still in occupation	95 households	The process to obtain approval to initiate eviction proceedings from the Minister is in progress.
LP	Burgersfort	275	1	Praktiseer
LP	Burgersfort	275	2	Praktiseer
LP	Burgersfort	367	R/E	Kalkfontein	Invaders forcefully evicted by the executive members of BakonebaMakopole CPA. The farm is not illegally occupied anymore.	Vacant	The farms are State land registered in the name of the National Government of South Africa and were not transferred to the CPA. The CPA executive committee is experiencing lawlessness as some individuals are encroaching or occupying the land without the CPA ‘s consent.
LP	Burgersfort	367	4	Kalkfontein
LP	Burgersfort	367	5	Kalkfontein
LP	Burgersfort	367	6	Kalkfontein
LP	Burgersfort	367	8	Kalkfontein
LP	Burgersfort	367	9	Kalkfontein
LP	Burgersfort	304	R/E	Dresden	The farm is not occupied	Vacant	Claimants requested that the state should protect the land until they finalise the land claim and to interdict the invaders. State Attorney instructed to file an interdict.
LP	Burgersfort	304	1	Dresden
LP	Burgersfort	262		Schoonheid	The farm is not occupied	Vacant	Whilst the process to obtain approval from the Minister to evict was still underway, the matter got resolved amicably and the illegal occupation ceased.
LP	Steilloop	403	R/E	Steilloop	Invaders still in occupation	45 households	The court granted an order in favour of the Department for the eviction of the intruders who encroached on the farm.
LP	Steilloop	403	1	Steilloop
LP	Phalaborwa	6		Mbaula Ranch	Invaders still in occupation	29 persons	The process to obtain approval to initiate eviction proceedings from the Minister was started.
LP	Steiloop	385	0	Steilwater	Land invaded by community members	46 households	The Department is in the process of donating the Property to Mogalakwena Local Municipality.
LP	Burgersfort	301	R/E	Vilijoenshoop	Invaders in occupation	362 households	Instruction for court order to evict the unlawful occupiers is being handled by the State Attorney.
LP	Musina	114		Olympie	Invader in occupation	1 person	Recommend property to be transferred to the local municipality
MP	Ermelo	267	5	Witpunt	Invaders using the farm for dwelling purposes and grazing.	7 persons	Approval memo to initiate eviction proceedings is on route to the Minister. The Msukaligwa Local Municipality and the Gert Sibande District Municipality were also engaged.
MP	Ermelo	267	7	Witpunt	Invaders using the farm for dwelling purposes and grazing.	5 persons	Approval memo to initiate eviction proceedings is on route to the Minister. The Msukaligwa Local Municipality and the Gert Sibande District Municipality were also engaged.
MP	Ermelo	273	6	Driehoek	Illegal mining. The lessees (Bambaspha Primary Agricultural Co-operative Limited do not have access onto the subject property to exercise their rights per signed Agricultural Land Lease Agre38ement.	1 company	Mashala Mining invaded the subject property and conducted open cast coal mining. The Minister granted approval for the initiation of legal proceedings in October 2019. The legal process is underway.
MP	Elukwatini	152	0	Nederlands	The invasion is still continuing through individuals allocating residential stands to unknown individuals and foreigners.	148 persons	The Department was informed by farm occupiers of illegal invasion and establishment of residential sites on the subject property. Investigation was conducted, and engagement was done with the local Traditional Authority as invaders are their subjects. A notice to Mr Nhlabathi to desist from illegally allocating residential sites on the farm was served on 28 November 2017.TheEmbuleni Traditional Authority was informed of such activities and the claimants were also engaged and are being assisted by the Commission on Restitution of Land Rights to evict the illegal occupiers. A Land Rights Enquiry is also being conducted to distinguish legitimate occupiers, claimants and labour tenants from invaders. Illegal invasion has since stopped, and regular inspections are conducted by officials from the Directorate: Property Management
MP	Delmas	556	1	Waaikraal	Permanent and temporary residential structures erected, and the local municipality is providing essential services to invaders.	63 persons	The Victor Khanye Municipality was engaged with an intention to subdivide the property and donate the affected land for human settlements.
MP	Delmas	556	6	Waaikraal	Permanent and temporary residential structures erected, and the local municipality is providing essential services to invaders.	38 persons	The Victor Khanye Municipality was engaged with an intention to subdivide the property and donate the affected land for human settlements.
NC	Kenhardt	317	1	Poortijes	Property is occupied by unauthorised persons belonging to a family, for grazing of livestock; Persons also occupy an old structure on the property, as well.	2 persons	Various engagement with family members (in person & written) to address the issue, however the issue has never fully been resolved, as some family members have refused to remove their livestock from the property/ move off the property. The case has been referred to the State Attorney for an eviction application.
NC	Kuruman	384	1	Cropwell	Are occupied by unauthorised persons who graze their livestock, as well as reside there. (The main farmhouse has been occupied.)	2 persons	Persons were informed (in person, telephonically and through written correspondence) regarding their unauthorised occupation and use of the properties and infrastructure and were requested to vacate the properties in order to avoid legal action. The local police were requested to assist. The processes involved in applying for and being allocated agricultural land was discussed and explained. The illegal occupant and his legal representatives were engaged; however, they did not abide to agreements reached. The case has been referred to the State Attorney's office to initiate eviction proceedings.
NC	Kuruman	435	3	Broughton	Are occupied by unauthorised persons who graze their livestock, as well as reside there. (The main farmhouse has been occupied.)	2 persons (same persons as on the farm Cropwell)	Persons were informed (in person, telephonically and through written correspondence) regarding their unauthorised occupation and use of the properties and infrastructure and were requested to vacate the properties in order to avoid legal action. The local police were requested to assist. The processes involved in applying for and being allocated agricultural land was discussed and explained. The illegal occupant and his legal representatives were engaged; however, they did not abide to agreements reached. The case has been referred to the State Attorney's office to initiate eviction proceedings.
NC	Kuruman	1040	7	Pender	Neighbouring community members have illegally accessed and are utilising the farms for livestock grazing. Herdsmen have erected shanties on some of the Pender farms, to look after livestock belonging to unauthorised persons.	2 persons	Various meetings held with affected and involved individuals to resolve the issue. The meetings involved the authorised Pender farmers; Traditional Authority and community members from neighbouring villages; and Pender representatives & officials from the State Attorney's office. Reports / requests for assistance to the local police, when properties were invaded, livestock was being off-loaded and/or when lessees were physically threatened. The State Attorney's office was engaged to assist with processes to address illegal invasions. The Office started a phased approach by forming a project team, which visited / inspected 11 Pender farms (1/3 of the total Pender farms) to establish the status on each property. Officials also met with affected, authorised lessees of those farms. (The planned inspection of the remaining farms has been delayed due to the COVID-19 outbreak.)
NC	Kuruman	1040	30	Pender	Neighbouring community members have illegally accessed and are utilising the farms for livestock grazing. Herdsmen have erected shanties on some of the Pender farms, to look after livestock belonging to unauthorised persons.	3 persons	Various meetings held with affected and involved individuals to resolve the issue (Meetings with the authorised Pender farmers; Meetings between the Traditional Authority and community members from neighbouring villages; Meetings with Pender representatives & officials from the State Attorney's office). Reports/ requests for assistance to the local police, when properties were invaded, livestock was being off-loaded and/or when lessees were physically threatened. The State Attorney's office was engaged to assist with processes to address illegal invasions. The Office started a phased approach, by forming a project team, which visited / inspected 11 Pender farms (1/3 of the total Pender farms) to establish the status on each property. Officials also met with affected, authorised lessees of those farms. (The planned inspection of the remaining farms has been delayed due to the COVID-19 outbreak.)
NC	Kuruman	1040	31	Pender	Neighbouring community members have illegally accessed and are utilising the farms for livestock grazing. Herdsmen have erected shanties on some of the Pender farms, to look after livestock belonging to unauthorised persons.	3 persons	Various meetings held with affected and involved individuals to resolve the issue (Meetings with the authorised Pender farmers; Meetings between the Traditional Authority and community members from neighbouring villages; Meetings with Pender representatives & officials from the State Attorney's office). Reports / requests for assistance to the local police, when properties were invaded, livestock was being off-loaded and/or when lessees were physically threatened. The State Attorney's office was engaged to assist with processes to address illegal invasions. The Office started a phased approach, by forming a project team, which visited / inspected 11 Pender farms (1/3 of the total Pender farms) to establish the status on each property. Officials also met with affected, authorised lessees of those farms. (The planned inspection of the remaining farms has been delayed due to the COVID-19 outbreak.)
NC	Kuruman	1040	32	Pender	Neighbouring community members have illegally accessed and are utilising the farms for livestock grazing. Herdsmen have erected shanties on some of the Pender farms, to look after livestock belonging to unauthorised persons.	2 persons	Various meetings held with affected and involved individuals to resolve the issue (Meetings with the authorised Pender farmers; Meetings between the Traditional Authority and community members from neighbouring villages; Meetings with Pender representatives & officials from the State Attorney's office). Reports/ requests for assistance to the local police, when properties were invaded, livestock was being off-loaded and/or when lessees were physically threatened. The State Attorney's office was engaged to assist with processes to address illegal invasions. The Office started a phased approach, by forming a project team, which visited / inspected 11 Pender farms (1/3 of the total Pender farms) to establish the status on each property. Officials also met with affected, authorised lessees of those farms. (The planned inspection of the remaining farms has been delayed due to the COVID-19 outbreak.)
NC	Kuruman	1040	33	Pender	Neighbouring community members have illegally accessed and are utilising the farms for livestock grazing. Herdsmen have erected shanties on some of the Pender farms, to look after livestock belonging to unauthorised persons.	1 person	Various meetings held with affected and involved individuals to resolve the issue (Meetings with the authorised Pender farmers; Meetings between the Traditional Authority and community members from neighbouring villages; Meetings with Pender representatives & officials from the State Attorney's office). Reports/ requests for assistance to the local police, when properties were invaded, livestock was being off-loaded and/or when lessees were physically threatened. The State Attorney's office was engaged to assist with processes to address illegal invasions. The Office started a phased approach, by forming a project team, which visited / inspected 11 Pender farms (1/3 of the total Pender farms) to establish the status on each property. Officials also met with affected, authorised lessees of those farms. (The planned inspection of the remaining farms has been delayed due to the COVID-19 outbreak.)
NW	Ganyesa	514	4	Brulpun	Still invaded	3 persons	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	514	5	Brulpun	Cattle grazing - herdsman living	1 person	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	514	6	Brulpun	Cattle grazing - herdsman living	1 person	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	517		Vergelegen 517	Still invaded	1 person	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	444		Vaalboschlaagte	Cattle grazing - herdsman living	2 persons	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	444	6	Vaalboschlaagte	Cattle grazing - herdsman living	4 persons	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	444		Vaalboschlaagte	Still invaded	3 persons	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	444		Vaalboschlaagte	Cattle grazing - herdsman living	1 person	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	444	2	Vaalboschlaagte	Cattle grazing - herdsman living	3 persons	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	444	5	Vaalboschlaagte	Cattle grazing - herdsman living	4 persons	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	444	7	Vaalboschlaagte	Cattle grazing - herdsman living	2 persons	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	444		Vaalboschlaagte	Cattle grazing - herdsman living	2 persons	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	459	2	Mamusa	Cattle grazing - herdsman living	2 persons	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	459	4	Mamusa	Cattle grazing - herdsman living	1 person	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	989		Brandystake	Cattle grazing - herdsman living	1 person	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	415	2	Woodlands	Still invaded	1 person	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	415	5	Woodlands	Cattle grazing - herdsman living	1 person	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Ganyesa	420		Mellowood	Cattle grazing - herdsman living	1 person	The Department obtained an interim eviction order in August 2019, however it is yet to be confirmed due to subsequent postponements of hearings.
NW	JM	1	88	Block C 2nd Railway Grant	Still invaded	3 persons	The Department obtained an interim eviction order in August 2019; however it is yet to be confirmed due to subsequent postponements of hearings.
NW	Mahikeng	59	2	Lanric	Still invaded	70 households	The Department obtained a Court Order on the 27 February 2019 to evict the invaders, but the Order has not been implemented yet.
NW	Mahikeng	59	30	Lanric	Still invaded	70 households	The Department obtained a Court Order on the 27 February 2019 to evict the invaders, but the Order has not been implemented yet.
NW	Mahikeng	59	4/RE	Lanric	Still invaded	70 households	The Department obtained a Court Order on the 20 March 2019 to evict the invaders, but the Order has not been implemented yet.
NW	Ganyesa	1	88	Block C 2nd Railway Grant	Still invaded	1 person	The Department has written to the invader several times but has refused to vacate and the matter is currently in the High Court between the allocated Caretaker and the invader.
NW	HN	20	6	Donkerpoort	Still invaded	3 persons	The District Office is in discussion with the invaders.
NW	Ganyesa	455	2	Randfontein	Still invaded	4 persons	The Department obtained an interim eviction order in August 2019; however, it is yet to be confirmed due to subsequent postponements of hearings.
EC	East London	870	11(of ptn 6)	Lands End	Occupied.	1 household	Meeting was held with the invader and although the invader agreed to vacant the farm, he did not honour his decision. The invader also ignored the notice to vacate farm dated 31 October 2018 which was served on him. The office will commence with legal proceedings to evict invader.
EC	East London	649	5 & 6	Hillview	Illegal occupier vacated the farm which is now occupied by approved beneficiaries	2 persons	Eviction notice dated of 5 April 2019 served and meeting held with the invader.
EC	Peddie	48	0	Buckraal	Still in occupation and refuses to vacate.	1 person	Notice to vacate served on 3 May 2019. The office will commence with legal proceedings to evict Mr Diki.
EC	Komga	161	0	Eversley	Occupied and refusing to vacate.	2 households	A meeting was convened with the Ward Councillor; the SAPS and Mr Cikolo, who refused to acknowledge receipt of notice to vacate farm. The Department has commenced with proceedings to obtain an eviction order. The Department had also laid trespassing and housebreaking charges against Mr Cikolo. He appeared in Komga Court under Case No. CAS17/10/2019 but the case was postponed for further investigation.
EC	Berlin	2225			Invaded by a company doing sand mining.	1 Company	A case was reported to Berlin Police Station by AmalingeEthuAgricultural Cooperative (approved beneficiary). Notice to vacate and rehabilitate the farm was served to Mr Noko who is the owner of the invading company in February 2020.
EC	Matatiele	70		Mont Plaisir	Tavern Operational	1 person	Notice served to the perpetrator
EC	King Williams Town	2177		Siwani's	Illegal invasion	2 persons	The invaders fenced a road and are said to be relatives to both the councillor and tribal head. An attempt to have meetings with tribal authority and councillor failed because they refused, citing potential violence, as they are apparently accused by SANCO of fuelling conflict.
EC	King Williams Town	2358		Dongwe	Illegal invasion	1 person	There is an ongoing court case against the invader.
EC	Mt Ayliff	97		Ndzongiseni	ESKOM Substation Operating	1 person	Stakeholders meeting held to plan for facilitation of Land Rights Holders Resolutions (LRHR). No LRHR were facilitated. The conclusion of a valuation report is awaited in order to calculate the compensation to be made to the affected informal land rights holders.
EC	Mthatha			Mqhekezweni	Illegal invasion	130 households	The SG Office was requested to assist with the boundary verification of the farm. The SG Office is still busy with the boundary verification.
EC	Mthatha	36		Silverton	Some sites are demarcated and some built	38 persons	Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.
EC	Mthatha	37		Sikagazo	Some sites are demarcated and some built	38 persons	Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.
EC	Mthatha	48		Lot C	Some sites are demarcated and some built	135 persons	Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.
EC	Mthatha	10		Klip Drift	Some sites are demarcated and some built	140 persons	Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.
EC	Mthatha	102		Langeni	Some sites are demarcated and some built	220 persons	Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.
EC	Mthatha	25		Lyndale	Some sites are demarcated and some built	78 persons	Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.
EC	Mthatha	35		Paynton East	Some sites are demarcated and some built	156 persons	Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.
EC	Mthatha	34		Paynton West	Some sites are demarcated and some built	95 persons	Notices served to land sellers/perpetrators. Perpetrators never left the left the land after being served with notices some are busy building whilst others are residing on the land. No case of land invasion was opened.
EC	King Williams Town	2360		Farm 2360	Illegal invasion	21 persons	The issue was about people who occupied RDP houses which were allocated for other people. In retaliation, the community members demarcated sites for themselves. There is a case reported to the SAPS by Chief Makinana.
EC	King Williams Town			Masingatha Allotment area	Illegal invasion	200 households	Letters were written to invaders to stop the invasion.
KZN	Ingwavuma	16924	0	Zamazama	The farm is currently occupied by illegal invaders.The Farm is not regularised in terms of occupation of which most has been allocated through erroneous traditional structures.	2000 households	The invaders were informed of the unlawfulness of their occupation. On the Farm Zamazama No. 16924-HV land is allocated by Tembe Traditional Authority and it has been a practise for more than 10 years. (Erroneous traditional land allocation) This land is used for commercial businesses and residential, the part that is used for commercial purposes (Skhemele informal town) is earmarked for formalisation of a town. There are applications submitted to the Department for commercial purposes, one commercial application has been approved. According to the site inspection one can be deem this property as erroneous allocated as opposed to invasion.
KZN	Ingwavuma	16637	0	Pongola West	The farm is currently occupied by illegal invaders.	3000 households	Pongola West is a surveyed unregistered land parcel consisting out of 25 components. The invaders were informed of the unlawfulness of their occupation. On this farm the land is allocated by Nyawo Traditional Authority. It has been a practice for longer than 10 years. The land occupation pattern is formed through erroneous Traditional land allocation. According to the site inspection one can deem this property as erroneous allocated as opposed to invasion.
KZN	Ingwavuma	14585	0	Topi	The farm is currently occupied by illegal invaders. The Farm is not regularised in terms of occupation of which most has been allocated through erroneous traditional structures.	300 households	The invaders were informed of the unlawfulness of their occupation.The land is allocated by Nyawo Traditional Authority. It has been a practice for longer than 10 years. (Erroneous traditional land allocation). A portion of this Farm is affected by commercial applications. Applications are at the various processing stages and the Department remains in constant engagement with the applicants. The land occupation pattern is formed through erroneous Traditional land allocation. According to the site inspection one can deem this property as erroneous allocated as opposed to invasion. The Department is also in continuous engagement with the Jozini Local Municipality to formalize the Bhambanana Township.
KZN	Ingwavuma	16455	0	Ndumu South	The farm is currently occupied by illegal invaders. The Farm is not regularised in terms of occupation of which most has been allocated through erroneous traditional structures.	400 households	The invaders were informed of the unlawfulness of their occupation.0n this farm the land is allocated by Mathenjwa Traditional Authority. It has been a practice for longer than 10 years. (Erroneous traditional land allocation). A portion of this Farm is affected by commercial applications. Applications are at the various processing stages and the Department remains in constant engagement with the applicants. The land occupation pattern is formed through erroneous Traditional land allocation. According to the site inspection one can deem this property as erroneous allocated as opposed to invasion. The Department has approved a Development Rights Agreement for 1 000 units (in-situ upgrade sustainable human settlement) and is also in continuous engagement with the Jozini Local Municipality.
KZN	Ulundi	724	4	Overvloed	Property is currently illegally occupied.	1 household	A notice to vacate was issued on the 23 June 2020 and handed to Mr Mbuso Mpungose on the 3 July 2020. The invader has since responded to the Department requesting a meeting to discuss formalizing this occupation. The Department has proposed the meeting to be held in November 2020.
KZN	Charlestown	401	1	Rondavel	The farm is currently occupied by illegal invaders.	35 households	The Department conducted a site inspection in June 2019 with the Charlestown SAPS. The matter is currently dealt with by detective Nkosi at Charlestown SAPS. Invasion has been increased, the matter has been reported to the Charlestown Police Station with Case No. 12/07/2019 and the matter is under investigation. The last communique with Detective Nkosi was on the 8th October 2020.
KZN	Newcastle	8378	0	Cecil	The farm is currently occupied by illegal invaders.	20 households	The Department conducted a site inspection in March 2019 and then reported the trespassing case (OB 638/07/2019) at the Newcastle SAPS. The SAPS is still dealing with the matter. Invasion has been increased, the matter has been reported to the Newcastle Police Station and the matter is under investigation. The Department is in constant contact with SAPS so that, the matter can be resolved urgently.
KZN	Eskhaleni	15829	0	Reserve No. 9	The farm is currently occupied by illegal invaders. The Farm is not regularised in terms of occupation of which most has been allocated through erroneous traditional structures.	200 households	The Remainder of the Farm Reserve 9 No. 15829-GU land is allocated by Mkhwanazi, Zulu, Nzuza and Mzimela Traditional Authority. It has been a practice longer than 10 years. (Erroneous traditional land allocation). Part of this Farm is affected by commercial applications, and disposals. Applications are at the various processing stages and the Department remains in constant engagement with the applicants. The land occupation pattern is formed through erroneous Traditional land allocation. According to the site inspection we can deem this property as erroneous allocated as opposed to invasion. The Department is also in continuous engagement with the Mhlathuze Local Municipality to finalize the disposal Vulindlela Township (R293).
KZN	Pietermaritzburg	2161	8	Garibaldi	Occupied and settled. The Farm is not regularised in terms of occupation of which most has been allocated through erroneous traditional structures.	7 households	A land invasion case (CAS 28/5/2020) has been opened with the Boston SAPS.The invasion was previously reported to the Boston Police Station and the Case has since been closed. The matter was escalated to the Provincial Legal Component for the preparation of the Eviction Memorandum to be routed to the Minister. The Legal Component has since requested further particulars of the invaders. During the site inspection on the 6th October 2020, some names of the occupiers for the completed structures were retrieved. However, names for the incomplete structures and marked sites could not be retrieved. A meeting is to be scheduled between the Department; SAPS; Nhlangwini Traditional Authority and COGTA, to obtain the information for the occupiers. .
KZN	Pietermaritzburg	2161	12	Garibaldi	Occupied and settled. The Farm is not regularised in terms of occupation of which most has been allocated through erroneous traditional structures.	4 households	A land invasion case (CAS 28/5/2020) has been opened with the Boston SAPS The invasion was previously reported to the Boston Police Station and the Case has since been closed. The matter was escalated to the Provincial Legal Component for the preparation of the Eviction Memorandum to be routed to the Minister. The Legal Component has since requested further particulars of the invaders. During the site inspection on the 6th October 2020, some names of the occupiers for the completed structures were retrieved. However, names for the incomplete structures and marked sites could not be retrieved. A meeting is to be scheduled between the Department; SAPS; Nhlangwini Traditional Authority and COGTA, to obtain the information for the occupiers.
KZN	Pietermaritzburg	2161	20	Garibaldi	The farm is not occupied	Vacant	A land invasion case (CAS 28/5/2020) has been opened with the Boston SAPS. While the process to obtain Ministerial approval to institute eviction proceedings was underway, a site inspection discovered that the land was vacated.
KZN	Pietermaritzburg	2161	38	Garibaldi	Occupied and settled. The Farm is not regularised in terms of occupation of which most has been allocated through erroneous traditional structures.	10 households	A land invasion case (CAS 28/5/2020) has been opened with the Boston SAPS. The invasion was previously reported to the Boston Police Station and the Case has since been closed. The matter was escalated to the Provincial Legal Component for the preparation of the Eviction Memorandum to be routed to the Minister. The Legal Component has since requested further particulars of the invaders. During the site inspection on the 6th October 2020, some names of the occupiers for the completed structures were retrieved. However, names for the incomplete structures and marked sites could not be retrieved. A meeting is to be scheduled between the Department; SAPS; Nhlangwini Traditional Authority and COGTA, to obtain the information for the occupiers.
KZN	Pietermaritzburg	1859	1	Craighead	Occupied and settled	5 households	A land invasion case (CAS 28/5/2020) has been opened with the Boston SAPS. The invasion was previously reported to the Boston Police Station and the Case has since been closed. The matter was escalated to the Provincial Legal Component for the preparation of the Eviction Memorandum to be routed to the Minister. The Legal Component has since requested further particulars of the invaders. During the site inspection on the 6th October 2020, some names of the occupiers for the completed structures were retrieved. However, names for the incomplete structures and marked sites could not be retrieved. A meeting is to be scheduled between the Department; SAPS; Nhlangwini Traditional Authority and COGTA, to obtain the information for the occupiers.
KZN	Pietermaritzburg	1859	2	Craighead	Occupied and settled	8 households	A land invasion case (CAS 28/5/2020) has been opened with the Boston SAPS. The invasion was previously reported to the Boston Police Station and the Case has since been closed. The matter was escalated to the Provincial Legal Component for the preparation of the Eviction Memorandum to be routed to the Minister. The Legal Component has since requested further particulars of the invaders. During the site inspection on the 6th October 2020, some names of the occupiers for the completed structures were retrieved. However, names for the incomplete structures and marked sites could not be retrieved. A meeting is to be scheduled between the Department; SAPS; Nhlangwini Traditional Authority and COGTA, to obtain the information for the occupiers.
KZN	Pietermaritzburg	1859	9	Craighead	The farm is not occupied	Vacant	A land invasion case (CAS 28/5/2020) has been opened with the Boston SAPS. The process to obtain Ministerial approval to institute eviction proceedings is underway. It was discovered during a site visit that the property is now vacant.
KZN	Harding	4558	1	Slexel	Lessee occupying the land	1 lessee	There were illegal sand miners on this property and the illegal miners had reached a verbal agreement with a Lessee to move to Portion 1 of the Farm Clothier No. 3836 - ET, allowing the Lessee to continue with Agricultural activities.
KZN	Harding	4558	2	Slexel
KZN	Harding	3836	0	Clothier
KZN	Harding	3836	1	Clothier	Lessee occupying the land. However approximately 30 illegal sand miners are extracting sand on the farm but do not reside on the farm.	1 lessee	There is currently illegal sand mining taking place on this property, permission to mine was granted to the miners by the Headman of Celebana Community. The Headman indicated that he was not aware that the property belonged to the State and was under the impression that it was Tribal Land. The Headman requested time until the end of October 2020 to have a meeting with the miners requesting them to stop mining where after he will provide the Department with feedback.
KZN	Harding	6852	0	Clothier	Lessee occupying the land.	1 lessee	There were illegal sand miners on this property and the illegal miners had reached a verbal agreement with a Lessee to move to Portion 1 of the Farm Clothier No. 3836 - ET, allowing the Lessee to continue with Agricultural activities.
KZN	Harding	5987	0	Lot NNA 5987	Lessee occupying the land.	1 lessee	Illegal sand mining occurred. However there were no invaders during the site inspection, however, the Department cannot confirm whether or not there is illegal sand mining because the site inspection was conducted on a raining day.
KZN	Ezingolweni	10749	0	Coniston	Illegal occupier who is the local Chief who claims to be representing the claimants	1 household	The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene. It was discovered that the Local Chief from Xolo Tribal Authority has granted permission to a Japanese Oil Company to plant oil producing plants, at the stage of the inspection it was found that only soil preparation has taken place. There is currently a dispute between the Xolo Claimants and the Local Chief regarding the permission given to the Japanese Company. The Chief wants a meeting with the Department as he feels that the property should be handed over to the Tribal Authority. A meeting with the Chief will be planned for in November 2020.
KZN	Ezingolweni	10749	4	Coniston	Illegal occupier who is the local Chief who claims to be representing the claimants	1 household	The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene. It was discovered that the Local Chief from Xolo Tribal Authority has granted permission to a Japanese Oil Company to plant oil producing plants, at the stage of the inspection it was found that only soil preparation has taken place. There is currently a dispute between the Xolo Claimants and the Local Chief regarding the permission given to the Japanese Company. The Chief wants a meeting with the Department as he feels that the property should be handed over to the Tribal Authority. A meeting with the Chief will be planned for in November 2020
KZN	Ezingolweni	10749	7	Coniston	Illegal occupier who is the local Chief who claims to be representing the claimants	1 household	The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.
KZN	Ezingolweni	10749	3	Coniston	Illegal occupier who is the local Chief who claims to be representing the claimants	1 household	The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.
KZN	Ezingolweni	10749	1	Coniston	Illegal occupier who is the local Chief who claims to be representing the claimants	1 household	The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.
KZN	Ezingolweni	10599	0	Hanover	Illegal occupier who is the local Chief who claims to be representing the claimants	1 household	The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.
KZN	Ezingolweni	10599	4	Hanover	The farm is not occupied	Vacant	The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.
KZN	Ezingolweni	10599	1	Hanover	The farm is not occupied	Vacant	The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.
KZN	Ezingolweni	7286	1	Eden	Illegal occupier who is the local Chief who claims to be representing the claimants	1 household	The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.
KZN	Ezingolweni	7286	0	Eden	Illegal occupier who is the local Chief who claims to be representing the claimants	1 household	The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.
KZN	Ezingolweni	7286	4	Eden	Illegal occupier who is the local Chief who claims to be representing the claimants	1 household	The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene.
KZN	Ezingolweni	7893	0	Patch	Illegal occupier who is the local Chief who claims to be representing the claimants	1 household	The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene. It was discovered that the Local Chief from Xolo Tribal Authority has granted permission to a Japanese Oil Company to plant oil producing plants, at the stage of the inspection it was found that only soil preparation has taken place. There is currently a dispute between the Xolo Claimants and the Local Chief regarding the permission given to the Japanese Company. The Chief wants a meeting with the Department as he feels that the property should be handed over to the Tribal Authority. A meeting with the Chief will be planned for in November 2020
KZN	Ezingolweni	9485	0	Coniston A	Illegal occupier who is the local Chief who claims to be representing the claimants	1 household	The property is claimed and due for settlement by the Commission on Restitution of Land Rights. The matter has accordingly been reported to the claimants and the Commission to intervene. It was discovered that the Local Chief from Xolo Tribal Authority has granted permission to a Japanese Oil Company to plant oil producing plants, at the stage of the inspection it was found that only soil preparation has taken place. There is currently a dispute between the Xolo Claimants and the Local Chief regarding the permission given to the Japanese Company. The Chief wants a meeting with the Department as he feels that the property should be handed over to the Tribal Authority. A meeting with the Chief will be planned for in November 2020.
KZN	Kokstad	164	0	Buildfontein	Occupied by the lessee and farm workers.	10 households	A letter has been written to the Greater Kokstad Local Municipality to stop them from constructing RDP houses on agricultural State land without the consent and authority of the Department.The Farm has since been invaded by neighbouring farm dwellers; a case has been opened with case no. 6/10/2020. The 54 temporary structures were illegally erected by the Greater Kokstad Local Municipality. The Councillor (Mfukuli) has confirmed that the Municipality has erected the 54 structures. Process to obtain approval for eviction to be started.
KZN	Kokstad	164	7	Buildfontein	Occupied by the lessee and farm workers.	10 households	A letter has been written to the Greater Kokstad Local Municipality to stop them from constructing RDP houses on agricultural State land without the consent and authority of the Department. The Farm has since been invaded by neighbouring farm dwellers; a case has been opened with case no. 6/10/2020. The 54 temporary structures were illegally erected by the Greater Kokstad Local Municipality. The Councillor (Mfukuli) has confirmed that the Municipality has erected the 54 structures. Process to obtain approval for eviction to be started.
KZN	Ixopo	15579	0	Harper	Occupied by land invaders	15 households	The illegal occupiers have been informed to stop the land invasion and Highflats SAPS has been notified about the matter. A memorandum has been sent to Legal to request consent from the Minister to initiate eviction proceedings. The invasion has increased from the last inspection; however, the eviction process is underway, the memo has been approved by the Minister.
KZN	eDumbe	479	2	Nooitgedacht	The farm is currently occupied by illegal invaders.	2 households	A criminal case has been reported at the police station. Invaders have been given a six-month verbal notice to vacate the property.
KZN	Utrecht	104	15 & 16	Vaalbank	Families came and built on the farm illegally.	22 households	The caretaker of the property referred the illegal occupation to the traditional court. The invaders were requested to vacate the farm, but they refused. The department is engaging with the invaders and will request ministerial approval to evict in the event if the engagement with the invaders are unsuccessful. The matter was reported to the Utrecht SAPS and they refused to open the case.
KZN	Newcastle	3324	6	Harte Rivier	Families came and built on the farm illegally	2 households	The Vryheid legal Officer is still investigating the matter. The property is the AFU farm, that has come back to the State. The matter is under investigation and outcome from the Curators is awaited.
KZN	Deepdale	18280	0	Deepdale Grange	People are still on the property	60 households	Inkosi is allocating sites and was informed to refrain from this. The farm has since been invaded, a tavern, Bed and Breakfast and cottages have been erected on the farm without a permission from the department.
KZN	Harding	7200	0	Riverside	Illegal house was built on the property without consent	1 household	A case of trespassing has been opened by the Department. There is currently illegal sand mining taking place on this property, permission to mine was granted to the miners by the Headman of Celebana Community. The Headman indicated that he was not aware that the property belonged to the State and was under the impression that it was Tribal Land. The Headman requested time until the end of October 2020 to have a meeting with the miners requesting them to stop mining where after he will provide the Department with feedback.
KZN	Mahlabathini	270	3	Goodluck	Induna was allocating sites to people under instruction of Inkosi.	6 households	The matter has been attended to and people have since stopped to invade the state land.
WC	Mamre	976	1	LaasteStuiver	Occupied by one family	Vacant	Notice to vacate was served on the unlawful occupier on 14 February 2020. A subsequent site inspection was done on 18 February 2020 where it was confirmed that all illegal structures were removed by the occupiers.

Reply:

1. and (2), (a) and (b)

The Department of Social Development has entered into a Memorandum of Understanding (MoU) with the Department of Small Business Development. One of the key responsibilities of DSD as per the MoU is to facilitate linkages of cooperatives to economic opportunities deriving from Social Development programmes.The department has developed a Tool on support to Co-Operatives. During Covid-19, Department of Social Development has identified Co-Operatives and other small businesses that are involved in food production and purchased food especially in the form of vegetables and fruits from them which were part of the food parcel packages. This has brought some form of reliefto these small businesses as they had access to some form of income during the height of Covid-19 Pandemic.

As a way of offering any form of Covid-19 financial or other relief to small businesses, DSD continues to link Co-Operatives to Community Nutrition and Development Centres (CNDCs) where people have access to cooked meals.

Plans are currently underway at level one to gradually openCommunity Nutrition and Development Centres in line with the current Covid-19 regulations. Small Businesses and Co-Operatives will continue from these linkages as plans to massifythis initiatives are underway within the Department of Social Development, South African Social Security Agency and National Development Agency.

Reply:

The decision to recapitaliseState Owned Companies is done following a collective decision-making process which includes Cabinet and the Minister’s Committee on the Budget (MINCOMBUD), before being considered and ultimately approved by Parliament. The Minister of Finance therefore does not provide opinions of individual or entity specific recapitalisation outcomes as these decisions are approved through a collective process.

Reply:

No, as such funds are not centralised and held in one fund, and hence neither Government nor any of the financial sector regulators hold or manage such funds, so there has not beenany consideration to use unclaimed retirement fund benefits as a Covid-19 pandemic related relief measure.

Unclaimed benefits are no different from any other retirement fund benefits, meaning these benefits belong to members and beneficiaries. They are therefore held and managed by boards of trustees of these funds, and not Government. Government is therefore not in a position to access or utilise unclaimed retirement fund benefits. Three recent related Supreme Court of Appeal judgements[1] have also considered the mannerin which such funds may be utilised under the current legislation.The use of unclaimed benefit funds needs to be appropriately legislated for, and the coming Conduct of Financial Institutions Bill (COFI Bill) takes the first steps in this direction, but is only expected to be enacted into law late next year.

We sympathise deeply with the plight that South Africans are facing as a result of the COVID-19 pandemic, and it is for this reason that government has put in place a number of measures to alleviate the pressure on workers. Further, as announced in the recent Medium-Term Budget Policy Statement, government will introduce necessary legislative amendments next year to allow for limited withdrawals from retirement funds under certain circumstances but linked to mandatory preservation requirements.

1.Supreme Court of Appeal Judgments - Hortors Pension Fund v Financial Sector Conduct Authority and Another (Case no 054/2020) [2020] ZASCA 141 (2 November 2020); Vrystaatse Munisipale Pensioenfonds v The Minister of Finance and Another (Case no 1161/18) [2020] ZASCA 143 (2 November 2020); and Southern Sun Group Retirement Fund v The Registrar of Pension Funds and Others (Case no 215/2019) [2020] ZASCA 142 (2 November 2020) ↑

Reply:

Yes, the best way to inspire confidence in any Government project is to generate economic growth,rid our country of corruption and inefficiency and to ensure that the people of our country can trust public servants who manage the projects in which they invest their funds. Government does not determine where retirement funds invest. It is the Board of Trustees of a retirement fund that determines the investment policy for that retirement fundas part of their fiduciary duty to the fund and its members.

Trustees of retirement funds, like most investors, want to invest in a project, be it in the public or private sector, as long as they have confidence in those managing such projects in a way that generates the returns that such investors expect. The extent to which retirement funds can invest in any asset class is governed by Regulation 28 of the Pension Funds Act (Act 24 of 1956).

The recent Medium-Term Budget Policy Statement outlines steps which Government intends to make to stabilize our debt and generate more confidence, investment and economic growth.

Reply:

a) According to the report from the presenters to the Standing Committee on Public Accounts, the information was available in the presentation pack. The graphs attached as an Annexure to this response illustrates the COVID-19 expenditure per category (Graph 1), expenditure by municipalities (Graph 2) and expenditure per province (Graph 3).

b) The information is available in the Annexure as Graph 1, 2 and 3 attached. National Treasury introduced a weekly reporting mechanism to track COVID-19 related expenditure. These numbers are not verified numbers. The 4th Quarter ending June 2020, Section 71 of MFMA report presents verified numbers and is published on the Treasury website and can be accessed on the link:

http://mfma.treasury.gov.za/

In addition, the National Treasury issued MFMA Circular 105 to municipalities on 25th of August 2020 which introduced further reporting requirements that municipalitiesmust adhere to, these are specific to procurement at the transaction level data. This circular requires municipalities to report on all their COVID-19 transactions on supplier level and items bought. The reports, received from the municipalities, are imported into the data warehouse and published on the Treasury website and can be accessed on the link:

http://ocpo.treasury.gov.za/COVID19/Pages/Reporting-Dashboard.aspx

Annexure

Graph 1

Graph 2

Graph 3

Reply:

1. We are unfortunately, not able to currently provide a comprehensive response to this question. The National Treasury will engage with the Financial Sector Conduct Authority (FSCA) to start collecting such data as part of the regular statutory returns by municipal retirement funds. However, such practice of non-payment of pension contributions to the pension fund by employers, is a criminal offence in terms of section 13A of the Pensions Fund Act, after the Act was amended in 2013. The Act also makes employers personally liable in respect of non-payment of pension contributions to a pension fund.

We have however, received some limited information from municipalities, indicating that there are three provinces that are mostly affected by the default in pension fund contributions. These are Free State (FS), North West (NW) and Northern Cape (NC). The provinces that do not seem to have cases of non-payment of pension fund contributions are Gauteng (GP), KwaZulu-Natal (KZN), Mpumalanga (MP) and Western Cape (WC). The details as per the Honourable Member’s specific questions are attached as Annexure A.

23. National Treasury will engage with the relevant authorities (provinces, regulators and national departments) to consider more effective and quicker responses for such non-payment of contributions to retirement funds by any organ of state, including making such reporting to the National Treasury or provincial treasuries as part of the current financial reporting system in terms of sections 65(2)(f) and 125(1)(c) of the MFMA. In addition, the Financial Sector Conduct Authority, has published a Draft Conduct Standard for public comment in May 2020, related to requirements for payment of pension fund contributions. The FSCA is currently processing such comments to revise the Draft Conduct Standard andwill thereaftersubmit to the Minister of Finance to submit to Parliament as required by the Financial Sector Regulation Act.

Reply:

(1) Honourable Member, the document titled “Guide to Parliamentary Questions in the National Assembly” prohibits Members of Parliament, including Members of the Executive, from providing names of people or 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)”

Department of Water and Sanitation:

(2) Members of the NRRTT for Water and Sanitation are appointed in terms of Section 76(1) of the National Water Services Act.

(3) No travel allowances are provided for members of the NRRTT. However, Members of the NRRTT can submit claims when they have utilised own transport to undertake official duties.

(4) No bonuses were paid to members of the NRRTT. They are only remunerated for the hours worked, in keeping with the rates determined by the Minister for Public Service and Administration.

Department of Human Settlements:

(2) Appointments were done additional to the establishment as per Public Services Regulations.

(3) The members are remunerated at a daily rate of R5 549 per day for a maximum of 20 days per month for the Chairperson and the Deputy Chairperson and at a daily rate of R4 317 per day for a maximum of 12 days per month for all the other members.

Each payable on submission of individual monthly claims, substantiated with meetings attended (register) and reports on actual work done.

The Department has made a cellular phone allowance available to the members on a monthly basis, to the value of R1 200.00 per month on submission of valid invoice within 30 days, as per Departmental Cellular Phone Policy.

(4) There are no bonuses applicable to members of the National Rapid Response Task Team on Human Settlements.

Reply:

Mopani District Municipality as the Water Services Authority is responsible for providing water to the residents of Giyani through existing unreliable infrastructure augmented by completed boreholes and water carting. The replacement of the unreliable bulk water distribution system to 55 villages is in progress. Completion of the various projects is anticipated from March 2021 until March 2022. Two of the bulk distribution pipelines to Giyani town and 4 villages (Thomo, Mninginisi Block 2, Mhlava and Muyexe) are partially completed and under operation. These pipelines will be fully functional by March 2021. The bulk water pipeline that will convey water from Nandoni water supply scheme to augment water supply in Giyani is anticipated to be completed by August 2022.

It should be noted that the water supply to Giyani villages is not reliable due to ageing infrastructure and unauthorized connections. The condition of the infrastructure results in pipe bursts and water leakages. This has necessitated interventions to replace the dilapidated of 325km bulk pipelines and the Nandoni to Nsami pipeline project to ensure sustainable water supply. To date, 300km asbestos cement (AC) pipelines have been replaced with polyvinyl chloride (PVC) pipelines to curb water losses and enhance water supply efficiency. The installed bulk pipelines are not yet operational pending completion of ancillaries, pressure testing and commissioning for the completed sections.

Reply:

(1) Water supply to Giyani villages is not reliable due to ageing infrastructure and unauthorized connections. The condition of the infrastructure results in frequent pipe bursts and water leakages. This has necessitated interventions to replace the dilapidated of 325km bulk pipelines and the Nandoni to Nsami pipeline project to ensure sustainable water supply. The Giyani water services project has resumed following the deployment of Department of Water and Sanitation’s Construction North Unit (DWS: CN) during February 2019. The overall progress for the bulk water distribution pipelines is at 54%. In parallel, the construction of the bulk pipeline from Nandoni water supply scheme that will augment water supply deficiencies in Nsami Scheme is also under construction and currently at 35% overall completion.

(2) The Mopani District Municipality as the responsible Water Services Authority (WSA) is responsible for providing water to the residents of Giyani through existing infrastructure which is augmented by completed boreholes and water carting. The refurbishment of the bulk water distribution system to 55 villages is under construction as indicated above. Completion of the various stages of the project is anticipated from March 2021 until March 2022. Further details relating to projects in the Giyani area are as follows:

• 300km asbestos cement (AC) pipelines have been replaced with polyvinyl chloride (PVC) pipelines to curb water losses and enhance water supply efficiency. The installed bulk pipelines are not yet operational pending completion of ancillaries, pressure testing and commissioning for the completed sections.
• The bulk water pipeline that will convey water from Nandoni water supply scheme to augment water supply in Giyani is anticipated to be completed by August 2022.
• Two of the bulk distribution pipelines to Giyani town and 4 villages (Thomo, Mininginisi Block 2, Mhlava and Muyexe) are partially completed and operational. It is envisaged that these pipelines will be fully functional by March 2021.

Reply:

(1)(a) The Department of Water and Sanitation is regulating the mining companies through Water Use Authorisations (WUAs) as required by the National Water Act 36 of 1998. The WUAs impose conditions that promote sustainable and beneficial use of water resources. On an annual basis the Department undertakes compliance monitoring audits of the WUAs issued. The Department has developed a scoring system that is intended to assist in assessing compliance levels of the mining mines (see Table 1 below).

The level of compliance differs according to technical and administrative conditions. Mines that achieve scores of 50% or more are considered to be showing improvements in compliance. Mines that score less than 50% are regarded as having unacceptable level of compliance and are subjected to the enforcement process. The Department conducted compliance monitoring audits on four-hundred and seventy-six (476) mines from 2015/16 to 2019/20 financial years: Of the 476 mines audited, a total of one hundred and fifty-five (155) mines have scored less than 50% of compliance.

Table1: Score card

Score	Condition	Description
75-100%	Acceptable	Technical conditions are met in most circumstances; few administration actions should be undertaken.  Request proof of compliance electronically.
50-74%	Good but at risk	The implementation of water use conditions are implemented with several actions still outstanding.  Action plan required to ensure full compliance. Follow up audit required.
25-49%	Not acceptable	Compliance meets less than half of the substantive implementation and administrative actions in the license. Action plan required to ensure full compliance. Follow up audit required. Decision to be taken on improvement of compliance. If so, follow-up audit scheduled, if not, hand over for enforcement action.
0-24%	Not acceptable	User meets minimal conditions, both implementation and administrative actions in the license.  Decision to be taken if non-compliance is potentially or detrimental or fatal to water resource.  If fatal, hand over for enforcement action, if not an action plan required to ensure compliance. Follow up audit required and scheduled.

 

(b) Honourable Member, the document titled “Guide to Parliamentary Questions in the National Assembly” prohibits Members of Parliament, including Members of the Executive, from providing names of people or 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)”

(2) Since April 2015, the DWS undertook numerous administrative enforcement actions against mines that were found to have contravened the requirements of the National Water Act. The Department also issued a total number of two hundred and twenty-six (226) administrative actions and opened nine (9) criminal cases against non-compliant mines. Only fifty-two (52) of the two hundred and twenty-six (226) mines issued with administrative actions have water use authorizations. Subsequent to the enforcement actions by the DWS, forty-five (45) mines are in compliance with the requirements of the administrative actions. To date, no water use entitlements have been suspended or revoked due to non-compliance. However, this remains an option in case the administrative, civil and criminal processes do not achieve desired compliance.

Reply:

The total amount received by the Department of Water and Sanitation in appropriations for drought relief measures from the National Treasury since 1 April 2016 to date is appended as Annexure A. The table below provides a summary:

a) Total amount received in appropriations for drought relief measures from the National Treasury	b) Details of how the drought relief appropriations were used in each case
Financial year 2016/17	No allocation
Financial year 2017/18 a total of R541 million was allocated	Water tankering An amount of R500 million was received as additional budget in respect of unforeseeable and unavoidable expenditure for the implementation of: R200 million for the Butterworth Emergency Water Supply Scheme R300 million for upgrading the capacity of the Thukela Goudertrouw Transfer Scheme (R300 million). Additional funding was used to address unplanned and unforeseen emergency drought interventions related to the water crisis experienced in Butterworth and Mnquma Local Municipality in the Amathole District. The envisaged interventions entailed the design, construction and commissioning of a raw water rising main between Tsomo River and the catchment area to Xilinxa dam as a short term solution to address the water crisis in Butterworth.
Financial years 2018/19: R1  billion was allocated	Conditional grants transferred to municipalities, including water tankering
Financial years 2019/20: R473 million was allocated	The Schedule 6B allocation of the Regional Bulk Infrastructure Grant (RBIG) and Water Services Infrastructure Grant (WSIG) was earmarked for drought emergency interventions, drilling of new boreholes and resuscitations of old boreholes, water tankering, stock watering and project management fees.
Financial years 2020/21 a total of R972 million was allocated	The department has reprioritised the total amount of R666million from both Schedule 6B allocation of the Regional Bulk Infrastructure Grant (RBIG) and Water Services Infrastructure Grant (WSIG) towards drought emergency interventions such as drilling of new boreholes and resuscitations of old boreholes, water tankering, stock watering and project management fees. The amount of R307 million was conditionally approved by the Minister of Finance, for inclusion in the second Adjustments Appropriation Bill, 2020, as roll-over of unspent funds from the 2019/20 financial year to the 2020/21 financial year for the country-wide COVID-19 and drought emergency interventions. The amount of R307 million is additional budget to the earmarked funds of R666 million towards drought emergency interventions. The amount of R307 million has been allocated budget to the Northern Cape region through Schedule 6B of the Regional Bulk Infrastructure Grant (RBIG) as part of the presidential commitments made on drought emergency interventions.

Reply:

The details requested in the question are in the competence of the Executive Authority of Gauteng Department of Education, not the Minister of Basic Education. 

Reply:

The following responses were received from the Culture, Arts, Tourism, Hospitality and Sport Sector Education and Training Authority (CATHSSETA).

(1) (a)    The system was implemented in the following phases:

- Human Resource Management modules commenced on 1 August 2019

- Finance module commenced on 1 September 2019

- Skills Development modules commenced on 1 August 2020

- Supply Chain Management module commenced on 1 November 2020

(b)  CATHSSETA has successfully been registering learners on the system since the first quarter of 2020/21 as reported to the Department in its quarterly performance information report.

(2) (a)  CATHSSETA has a Records Management and ICT Security Policy that regulates how both physical and electronic information should be accessed and handled. These policies are in line with the POPI Act. Furthermore, CATHSSETA has a records management procedure and a user account management process, which guide on how access to information, records and systems should be conducted. CATHSSETA uses a unique password for each user who accesses CATHSSETA systems and uses an encryption mechanism to secure access to electronic information and systems.

(b) CATHSSETA’s current policies, processes and mechanisms are operational.

(3) (a) CATHSSETA migrated the legacy data from the old information management system, as well as information that was reported through spreadsheets when the system was under development into the new system.  One of the processes required to ensure that information transferred to the new system is credible was for providers and employers to confirm through an activation process the accuracy of the data.  The date of activation is the only aspect that reflects as a new activation and not a new registration.

Employers/providers who had conducted training during the system development phase were not expected to register their learners as new. They were given an opportunity to submit a spreadsheet of historic data, which was uploaded on the system. Their responsibility in this aspect was to then activate the records as a means of confirming the credibility of the data.

When CATHSSETA was conducting training on the new system, there was confusion amongst providers on processes to be followed. This has been addressed through a memorandum that went out to stakeholders advising them of the two separate processes, i.e. one for registering new learners and another for activating legacy learners.

(b)  Nothing needs to be fixed on the system; however, based on the need, training sessions are undertaken to capacitate stakeholders on the various system functionalities. Furthermore, inputs to enhance system functionality are being deployed based on the feedback received from stakeholders.

(4) (a)  In terms of the Workplace Based Learning Programmes Regulations (Regulation 10(i)), CATHSSETA has 30 days to register a learner on a learning programme provided all requirements for the registration have been met.

(b)  (i)  From the information at the SETA’s disposal, there is no high number of approvals pending.  Approvals are done in line with the provisions of the Regulations.

(ii)  Learners need to be approved/registered in terms of the Workplace-Based Learning Programmes Regulations (Regulation 10) which requires SETAs to make a decision on whether or not to register (approve) learners.

(5)  One of CATHSSETA’s requirements for learners’ registration are copies of a recently certified identity document. The SETA is therefore able to verify the authenticity of learners. Currently, the SETA is working with service providers to ensure that the system automatically calculates the learner’s age. It is one of the ongoing system enhancements that CATHSSETA and the service provider are engaged in. CATHSSETA remains committed to ensuring that it delivers an effective, efficient and user-friendly system.

Reply:

a) What steps taken to:

(i) mitigate wasteful expenditure

Fruitless expenditure incurred is mainly due to inadequate planning and coordination between the national and provincial department, resulting in stopped immovable asset projects due to school mergers and rationalisation processes.

The Department will strengthen communications with Provincial education departments and ensure assessment reports on allocated projects provided by provincial departments are fully investigated to avoid projects being stopped after commencement.

 

(ii) monitor wasteful expenditure due to non-compliance with procurement procedures:

The Department will ensure that all instances of possible fruitless and wasteful expenditure are investigated as required by the PFMA section 38 to determine if disciplinary process needs to be taken and whether amounts needs to be recovered.

There will be regular reporting by the investigation committee to the accounting officer on the progress made by the investigation committee for oversight purposes.

The accounting officer will ensure that the validity of possible fruitless and wasteful expenditure is confirmed before the annual financial statements are submitted for audit purposes.

(b) what steps taken to monitor Irregular expenditure that is not being disclosed:

The Department will Improve oversight of implementing agents to ensure that representatives of the department are included in the implementing agents bid evaluation committee and bid adjudication committee to ensure that appropriate procurement processes are followed so as to avoid irregular expenditure being recorded by the department as required in terms of the guidelines on irregular expenditure issued by National Treasury.

Furthermore, additional staff (interns and in-house staff) will be employed to verify if all evaluations and adjudications which have already occurred are in line with all procurement processes, if department discover none compliance the expenditure will bel declare Irregular expenditure in the department's books.

Reply:

The following are the job requirements for the Governance Risk and Compliance Executive at the National Student Finance Aid Scheme.

Minimum

• An undergraduate qualification and a postgraduate qualification (NQF 8) in Commerce, Business Management or related fields.
• A solid understanding of governance risk and compliance processes and technology with demonstrated expertise and experience including strong governance, regulatory compliance, and enterprise risk management.
• At least 10 years’ proven experience in governance, risk and compliance management at a senior level.
• At least 5 years’ experience at an executive level.
• Proven business and management skills.
• Demonstrated strategic leadership and people management skills.
• Broad computer literacy in organisation-wide ICT systems deployments.

Beneficial Skills

• MBA or related Masters qualification.
• Knowledge and understanding of the higher education policy environment.
• Knowledge of the Public Finance Management Act and public entity standards.
• Knowledge and appreciation of the Financial Intelligence Centre Act.

Core Competencies

• Technical/professional knowledge and skill.
• Strategic and visionary leadership.
• Resource management, including people and performance management.
• Building interpersonal relationships.
• Decision-making and problem solving.
• Building strategic alliances and partnerships.
• Emotional intelligence and political sensitivity.
• Personal impact, stature and credibility.

Reply:

The following responses were received from the Culture, Arts, Tourism, Hospitality and Sport Sector Education and Training Authority (CATHSSETA).

(1) (a) The aim was to deploy an integrated system that will assist in integrating and automating most of CATHSSETA’s processes to eliminate duplication of efforts, improve business efficiency, comply with legislation and government policies, and promote good governance. The integrated modules of the system are:

- Finance

- Supply Chain Management

- Human Resource Management

- Skills Development (Education and Training Quality Assurance and Learning Programmes)

(b) The system was implemented in the following phases:

- Human Resource Management modules commenced on 1 August 2019

- Finance module commenced on 1 September 2019

- Skills Development modules commenced on 1 August 2020.

- Supply Chain Management module commenced on 1 November 2020

(2) (a) The tender was awarded to Dajo Technologies.

(b)  A competitive bidding process was followed.

(c)  Functionality, price and black economic empowerment criteria as per the attached terms of reference.

(d)  The terms and conditions set out in the tender are as per the attached terms of reference, as well as the contract entered into between CATHSSETA and Dajo Technologies.

(3) (a) A project charter was developed and signed by both parties, which outlined project phases with specific deliverables per phase and expected delivery dates.

(b) The project phases with specific deliverables per phase and expected delivery dates are outlined in the project charter.

(c)  In terms of the agreement between CATHSSETA and Dajo Technologies, the penalty clause empowers CATHSSETA to enforce penalties against the service provider for service delays and defects, particularly if the service provider solely causes the delays or defects. The penalties are guided by the project charter, which provides a detailed implementation plan with specific deliverables. Schedule 1 of the contract provides the details.

(d) The agreement between CATHSSETA and Dajo Technologies provides for termination based on specific conditions set out in the signed contract.

Reply:

The school has been included as part of the Sanitation Appropriate for Education (SAFE) Initiative.  The project has been handed over to an implementing agent.  Planning has been completed, and it is envisaged that construction will commence in the new financial year.

Reply:

(a) - (b) The costs were directly incurred by the Provinces, the Hon Member should refer the questions to the provinces. 

 Response to Items (c) and (d): A total amount of R222 million has been transferred to Rand Water for the purchase of tanks, installation of the tanks, and the delivery of water to the schools identified.  This transferred amount, is still to be reconciled to the actual orders placed and the actual expenditure incurred.  Then the final value will be available.

Reply:

(1)(a) The total annual water allocation from the Orange River System through the Oranje-Fish Tunnel scheme that diverts water from the Gariep Dam to the Fish and Sundays Rivers to the Nelson Mandela Bay Metropolitan Municipality (NMBMM) is 58,3 million m3/annum.

(b) The water allocation is ensured through the Annual Operating Analysis of the Orange River System as well as Algoa Water Supply System, of which the NMBMM is part of the Stakeholders Operating Forum (SOF). The NMBMM operates the relevant infrastructure that provides potable water to municipal users.

(2) The NMBM is utilising its full allocation at present.

(3)(a) The Department of Water and Sanitation (DWS) issued a license to NMBM to abstract a total of 58.3 million m3/a of water from the Orange River, with the proviso that the license could be reduced back to 22 million m3/a after 20 years (by 2031). However, NMBM has requested that the license be made permanent on account of its high capital investment. The potential for further allocation in line with potential efficiency savings, to be obtained along the OFS transfer route has been considered and can be considered further, depending on the success of efficiency measures introduced. An additional allocation of 18.25 million m3/a has been recommended, to be made available from water saved through efficiency measures introduced, which could potentially be developed as a Phase 4 of the Nooitgedagt Low Level Scheme.

(b) The Orange River Project/Nooitgedacht Low-Level Scheme is one of the interventions with the following upgrades to possibly ensure increased efficiency and reduce water losses in the system that supplies NMBMM:

• Concrete-lining of the 500 km of earth canals in the Great Fish River Water User Association (GFRWUA) area of jurisdiction by the Water Users Associations (WUA).
• Improved measuring and monitoring in the GFRWUA and Lower Sundays River Water User Association (LSRWUA) areas of jurisdiction by DWS for flow measurements and the WUAs on actual water use measurements.
• Removal of reeds along the Great Fish River by the WUAs and the working for programmes.
• Optimisation of operational releases made at the Elandsdrift and De Mistkraal weirs to be implemented in a step-wise manner by DWS – this involves a revival of the existing Real-Time model.
• Refurbishment of the Darlington Dam which is currently being evaluated by the Infrastructure unit of DWS.

Reply:

(a) The Housing Development Agency does not have a Chief Procurement Officer.

(b) At the HDA has an Acting Chief Executive Officer, Acting Senior Manager for Supply Chain, Acting Regional Manager for Western Cape, Eastern Cape and Northern Cape, and an Acting Provincial Manager for Limpopo.

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 officials as requested. The document referred to states that:

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

(c) Chief Executive Officer: The position has been vacant since 31 December 2019.

Acting Senior Manager - Supply Chain: This position has been vacant since 1 August 2020.

Regional Manager – Western Cape, Eastern Cape and Northern Cape. The position has been vacant since 31 August 2020.

Provincial Manager – Limpopo: This position has been vacant since 2 October 2020.

 

Reply:

The Road Accident Fund (RAF) was approached by the South African Police Services (SAPS) for information relating to its investigation into the alleged theft of trust funds by the legal firm (name furnished). The SAPS did not inform the RAF of a complaint, nor is the RAF aware of a complaint, relating to the early settlement by the RAF of claims lodged by the legal firm. In respect of the claim concerned, the claim was lodged with the RAF in 2013 and settled in 2018, which is certainly not indicative of early settlement. However, anyone with information in relation to the alleged early settlement of claims lodged by the legal firm is invited to contact the Directorate for Priority Crime Investigation on 012 846 4590, or the RAF’s Forensic Investigation Department on 0800 005919. In the interim the RAF’s Forensic Investigation Department is investigating all matters lodged by the legal firm.

NW3662E

 

Reply:

a) The Department has eight hundred and thirteen thousand three hundred and forty-three (813 343) identified cases of blocked identity documents (IDs) under different categories. The afore-mentioned total includes cases that have to remain blocked as these cases are already investigated and/or marked for deletion so that they should not be used again as such.

The breakdown of the categories are as follows:

Description of Markers / Blocked IDs	Number
Immigrant does not qualify for automatic citizenship	222
South West Africa (S.W.A) cases	8214
Death - Correspondence file created (dead or alive cases or fraudulent death)	17747
Illegal Immigrants	145619
Duplicates (ID duplicates for one person having multiple identity numbers and 2 persons sharing same ID number)	517240
Under Investigation for various reasons	70323
Refer to Identification (to investigate fingerprint or biometric records)	53978
Total	813343

It has to be highlighted that when the Department delivers services to citizens and non-citizens of this country, it will come across cases of Identity theft, where an Identity document was acquired illegally, fraudulently, where supporting documents were falsified or inadvertently where identity numbers are duplicated. In all such cases markers are set on the National Population Register(NPR) as a means of ensuring the integrity and credibility of the National Population Register.

In addition, markers are set on identity numbers such as cases that are referred to as “under investigation” for various reasons or causes. When the Department receives cases of this nature, they first have to investigate these cases to establish if indeed the Identity document was acquired illegally, then those Identity numbers are definitely blocked. Where there is sufficient evidence provided to the contrary, markers are lifted accordingly.

The following reasons mainly attribute to why IDs are blocked and markers are set on the National Population Register:

• Where ID numbers are Duplicated
• Illegal Immigrants who obtained SA documents fraudulently
• False registration of Birth, Marriages and Death and;
• Investigation purposes of suspicious ID obtained fraudulently with falsified supporting documents

​b) It takes the department approximately six (6) to eight (8) weeks to resolve and to finalise blocked Identity documents, provided all required supporting documents to resolve these cases are obtained from the applicant. This includes the time when the client visits the front office and the receipt of all requested documentation to resolve the case in line with the Standard Operating Procedures (SOP’s).

END

Reply:

The Supply Chain Management Policy, February 2009, Clause 11.3 Bidding Methods, was subsequently changed twice to align to 217 of the constitution and all legislative prescripts. These were effected as the Supply Chain Management Policy, November 2018, driven by the Board of Control, and further enhanced through the current PRASA Supply Chain Management 2020 policy. This has embedded controls and standardized on how the organization executes its procurement activities across the business.

Reply:

(1)(a) There should be no reasons for refusal to register birth.

(1)(b) There is no statutory provision for refusal to register birth that meet the requirements as per the Birth and Death Act, Act no. 51 of 1992.

(i) Every child Birth should be registered as per Birth and Death Act.

(ii) Both parent’s details will be reflected on the birth certificate as per Act.

(2)(a) Where there is non-compliance to the Law and the Department is aware, corrective measures will be taken against the official/s.

(2)(b) The Constitution of South Africa promotes equality. The state may not directly or indirectly discriminate against anyone on the grounds of gender, sex or sexual orientation. Refusal to register the birth of a child on the ground that both parents are of the same gender/sex is discriminatory and inconsistent with the constitution. Managers at all levels will ensure that information on birth registration is once more disseminated to all officials responsible for birth registration. No discrimination will be tolerated and if such occurs, the Department will take the necessary actions against the official

(3) The birth registration system allows and accepts the registration of birth of a child born of people of the same sex. The affected couples can approach the Office Manager in charge at the nearest Home Affairs office to get their child registered so that they can ensure that both names of parents appear on the birth certificate.

END

Reply:

a) The Gautrain is a Public Private Partnership between the Gauteng Provincial Government and a private sector consortium by the name of the Bombela Concession Company. In terms of this contract, the Gauteng Provincial Government does not make a financial profit from the project. Instead the Provincial Government maximizes the social and economic returns from having a well-run and efficient public transport system linking key economic nodes in Gauteng.

b) The operating and maintenance costs for the financial year ending March 2020 were R1,333 billion. During this period the revenue received from fare paying passengers and other sources such as advertising income totaled R971 million. There was an estimated R32 million loss of revenue in the month of March 2020 due to the reduced number of passengers travelling because of the Covid-19 pandemic. The shortfall was covered by the Patronage Guarantee paid by the Province of Gauteng as part of its ongoing contractual commitments in terms of the PPP agreement.

c) At this stage, the feasibility study for Phase 2 of the Gautrain is with the National Treasury and the estimated project costs can only be finalized once the input of Treasury is received and incorporated in the financial model.

Reply:

The person who is declared dead even though he is still alive, is due to the sharing of the same identity number by two persons. The case of the person concerned as per details furnished was declared dead on 13 September 2014 at Vredendal, was received and referred to the relevant section for investigation.

Upon investigation, it was discovered that the client had to submit an application with supporting documents to finalise the matter. On 12 November 2020, the documents were only forwarded to Head Office, Pretoria which will be used to verify the owner of the identity number and finalisation thereof.

The applicant will be informed accordingly once finalised.

END

Reply:

A budget analysis has not been conducted to evaluate the costs of implementing the National Youth Policy:

a) The National Youth Policy specifies policy priorities for socio-economic development and empowerment of young people. An Integrated Youth Development Strategy (IYDS), which gives effect to the implementation of the National Youth Policy, is the one that would be costed.

b) The IYDS would be developed by the National Youth Development Agency (NYDA) and finalised by the end of March 2021. The nature of youth programmes, projects, and activities aligned to the National Youth Policy priorities will be specified in the IYDS. These programmes, projects and activities are the ones to be costed. A budget analysis will be available once the strategy is finalized, costed and approved.

:

Reply:

a) The budget for monitoring and evaluation of the National Youth Policy (NYP) 2030 is within the budget of the National Youth Development branch in the Department. The total budget for the National Youth Development branch is R10 523 000. Of that amount, R3 134 000 is for goods and services. The monitoring and evaluation budget is within the goods and services line item.

b) The National Youth Development branch and the Monitoring and Evaluation unit in the Department will be responsible for monitoring and evaluating the NYP2030 and they will ensure collection, analysis and reporting of progress of high level output and outcome indicators tracking implementation of the National Youth Policy by government, civil society, and private sectors on a continuous basis. Data will be collated and the NYP2030 implementation reports will be consolidated on quarterly basis.

c) The Monitoring and Evaluation Framework has monitoring and evaluation tools to be used to collect selected data that is disaggregated according to age, gender, disability status, geographic location, and racial grouping.

d) The monitoring and evaluation plan and templates will be completed together with the Monitoring and Evaluation Framework by the end of March 2021. They will be consulted with relevant stakeholders, before being processed to Cabinet for approval. Capacity building sessions will also be held in all provinces with targeted implementing agents.

Reply:

The development and associated investment in Small Harbours is the mandate of the Department of Public Works. The Department of Transport as mandated by the Comprehensive Maritime Transport Policy shall develop Regulatory Framework on the operating model, safety, security and marine environment protection.

 

Reply:

(1) The majority of the consultations included youth who are not affiliated to any organisation, with the exception of one webinar which only targeted youth from political and student formations. In many consultation sessions, including the provincial ones and received written responses, the majority of young people participated in their personal capacities. These included youth from various parts of the country who saw it as a moral responsibility to participate in shaping this important advocacy tool.

Venue/ Type	Dates	No. of participants	Target
Physical Contact Sessions
Free State	06 November 2019	103	Non-affiliated youth
KwaZulu- Natal	12 November 2019	70	Non-affiliated youth
Mpumalanga	15 November 2019	106	Non-affiliated youth
Western Cape	20 November 2019	74	Non-affiliated youth
Eastern Cape	23 November 2019	62	Non-affiliated youth
Northern Cape	05 December 2019	50	Non-affiliated youth
Limpopo	10 December 2019	91	Non-affiliated youth
Gauteng	12 December 2019	62	Non-affiliated youth
Local Government stakeholders (Thaba Nchu)	21-22 January 2020	60	Both affiliated and non-affiliated youth
North West	07 February 2020	55	Non-affiliated youth
Other Consultations
Venue/ Type	Dates	Written comments received
Gazette	07 February – 16 March 2020	17 written submissions from individuals; and 59 written submissions from organisations
Extension and newspaper advertisements	16 March – 28 April 2020
Webinar on youth policy in the age of COVID-19	29 June 2020	Non-affiliated youth and the public at large
Extension for written inputs	01 August – 31 August 2020	Non-affiliated youth and the public at large
Special webinar	18 September 2020	Affiliated youth from political and student formations. The Portfolio Committee was invited.

2) A summary of 42 pages of comments and inputs received would be sent directly to Hon. Mphithi.

Reply:

(a) The total number of road accident claims that have been lodged against the Road Accident Fund (RAF) and have been awaiting settlement, as at 9 October 2020, for more than (i) 10 years is 6 933 and (ii) five years is 39 214,

(b) the date on which the outstanding claims will finally be settled is unknown at this time due to the multitude of variables that are inherent in the adversarial, common-law, claims dispensation administered by the RAF, which variables include but are not limited to, delays attributable to claimants’ attorneys, amongst others, failing to locate the claimant in order to take instructions, failing to accept the RAF’s tender, failing to set the matter down for trial, failing to pursue the quantum aspect of the claim after a judgment has been obtained in respect of the merits (the liability aspect of the claim), failing to submit financial records or other substantiating evidence in support of a claim, and failing to submit actuarial reports in support of a claim; the non-availability of medical experts to assess claimants, compile reports and, or, testify in court; the failure by expert witnesses to agree on important aspects of the claim; the long lead time to obtain a trial date; and, the investigation by the RAF into potential fraudulent aspects of the claim; and

(c) although the aggregated total amount claimed in respect of the claims referred to in paragraphs (a)(i) and (ii) above is R49 985 029 061, the total amount it would take to settle (pay) all of the aforementioned claims is unknown at this time due to the multitude of variables that are inherent in the adversarial, common-law, claims dispensation administered by the RAF, which variables include but are not limited to, the claimant succeeding in proving the merits of the claim (where the claim was repudiated by the RAF); the apportionment of fault as determined by the court (where the percentage contributory negligence was in dispute, or where a third party was joined on the basis of his, her or its alleged contributory negligence); amendment by the claimant of the claimed amount based on, inter alia, fresh medico-legal or other expert reports, or new medico-legal or other expert reports, or new case law, or amendments to legislation; receipt by the claimant of a collateral benefit, which may qualify for deduction from the claimed amount; receipt by the claimant of an accelerated benefit, which may qualify for deduction from the claimed amount; determination by the Compensation Commissioner of the workman’s claim, which may qualify for deduction from the claimed amount; a change in the employment status of the claimant, which may have a bearing on the basis of calculation of the claimed amount; a change in the rehabilitation outcome of the claimant, which may have a bearing on the basis of calculation of the claimed amount; the death of the claimant, prior to settlement or the court order; as regards a claim for non-pecuniary loss, the timing of the death of the claimant, prior to, or after, close of pleadings, which may have a bearing on the right to, and calculation, of amount claimed in respect of non-pecuniary loss; settlement reached between the RAF and the claimant and, or, the sum awarded by the court; the outcome of appeals and reviews, in respect of orders by the lower courts; the application of the statutory limit on the quantum of claims for loss of support or loss of income; adjustments to the amount claimed to provide for inflation; the issuing by the RAF of an undertaking, instead of making payment of a lump-sum in respect of the costs of future medical expenses; and, where agreed, the payment of loss of income or loss of support in instalments.

Reply:

a) There are 9 778 241 hectares of state land registered under the custodianship of DALRRD in the name of the State.

b) The state will continually make agricultural land available through several processes such as disposal, allocation, leasehold etc.

Reply:

1. (a)In line with the decrease in the supplementary Land Reform budget, the Department of Agriculture, Land Reform and Rural Development (DALRRD)will consider a partnership model to enable support to all new farm applicants. Partners are critical and will enable DALRRD to leverage their (additional) funding.The following plans have also been put in place to support the productive use of state-land by successful applicants:

• Provision of conditional grants to enable access to production inputs, implements, on-farm infrastructure, training and mentorship, market access and South African Good Agricultural Practices (SA GAP) for those producing perishable products.
• Re-introduce blended funding and together with partners like the Industrial Development Corporation (IDC), develop and support suitable land for high value, export-oriented products.
• Repurpose micro finance scheme to increase access to cheap loans through the Land Bank which are affordable as many will be start-up operations managed by women and youth.
• Furthermore, our partnerships with the commodity organizations will ensure that we provide specialised technical adviceandlinkbeneficiaries to existing markets and study groups;

b) Training, recapitalisation and other costs will be paid from the conditional grants budget line item of farmer support/post settlement.

c) The process of advertising the properties is done in a fair and equitable manner to ensure that all qualifying citizens are having an equal opportunity to access and submit their applications. This includes publishing in different platforms and in various official languages. The applications will be scrutinized by a committee to ensure proper allocation in line with the criteria outlined in the advert. The target groups for the project are women, youth and persons living with disabilities to aid in shaping the economy and agriculture for the future and to remedy the gaps for previously marginalised groups. Although persons falling outside these target groups may still apply, priority will be given to the above groups. Clear criteria and Standard Operating Procedures have been developed to ensure that applications across the country are treated consistently and fairly by applying the same standards.

2. No assessment was done to determine if there are interestedapplicants in Gauteng and Western Cape; however; there is also no state-land available to be released in the provinces of Gauteng and Western Cape. It should be noted that applicants from any province, including Gauteng and Western Cape may still apply for land in any of the provinces where land has been made available for agricultural leasing provided they are willing to relocate if appointed as lessees on such properties. Therefore, if there is interest from the residents in Gauteng or Western Cape, they can still apply in line with the current advert.

Reply:

A meeting was held with the Black Women and Youth Businesses in wine industry in August 2020. Subsequently, a task team was established that has engaged with role players in the wine industry during September 2020. The task team will followup on all issues raised and provide regular feedback to the wine industry accordingly.

Furthermore, as part of its transformation trajectory, the Department of Agriculture, Land Reform and Rural Development has introduced measures to empower and mainstream women in the sector, including women in the wine industry. The existing measures are as follows:

i) The Beneficiary Selection and Land Allocation Policy seeks to ensure gender equality and inclusivity by unlocking access to land to the most marginalised and vulnerable groups, specifically to smallholder producers, women, youth and people with disabilities, rural and peri-urban residents and military veterans. This policy advocates for 50% women, 40% youth and 10% people with disabilities.

ii) Norms and Standards for the inclusion of Vulnerable Groups (NSVG) that is a tool used to influence and provide guidelines for setting measurable targets for departmental programmes to prioritize vulnerable groups and to articulate the precise targets and timeframes. The NSVGadvocates for the allocation of at least 50% support to women, 50% to youth (of which 50% are agricultural graduates) and 6% to people with disabilities.

iii) Draft Comprehensive Producer Development Support Policyaims toregulate and guide the provision of support to the various categories of producers, thereby contributing to a sustainable and competitive agricultural sector. Through this Policy, government commits to promoting conditions which enable allpreviously disadvantaged citizens and targeted groups (women, youth, people with disabilities and military veterans) to gain access to land. This will be achieved through ensuring no less than 50% allocation of agricultural farming land for smallholders under the Redistribution Programme to women, 40% to youth, and 10% to people living with disabilities.

Reply:

1. (a)The South African Consul-General arrived in Los Angels at the end of January 2020. While searching for a suitable residence for the CG, the lockdown (Stay-at-Home) Order was issued in Los Angeles in March 2020, which made it difficult to continue searching for and viewing properties.

(b) Although more than 20 properties were viewed in areas recommended by the local office of the US State Department, no suitable property was identified during this initial period. As part of the search, three properties deemed to be suitable were later identified, but the Mission lost the properties due to reasons related to the landlords’ decision.

(2) The previous CG vacated the property in July 2019, which is 5 months before the arrival of the incumbent CG, who arrived at the end of January 2020. In this regard, it was deciced that it was not cost effective to keep renting an unoccupied property (CG’s residence), so the contract was terminated or not renewed with a view that another property will be searched for as soon as the CG arrives.

Reply:

(1)(a) The Passenger Rail Agency of South Africa (PRASA), submitted the Moloto Rail Corridor, Public Private Partnership (PPP), Treasury Approval 1 application to National Treasury for consideration, on 30 October 2014. On 3 December 2015, the Director General of National Treasury responded to the CEO of PRASA informing him that the Treasury Approval 1 application was not granted.

(2)(a) Membership of the Political Oversight Committee (POC) consisted of political representatives at the level of Minister/Member of the Executive Council/Executive Mayor and representatives from Departments, as follows:

• Department of Economic Development;
• Department of Finance or National Treasury;
• Department of Trade and Industry;
• Department of Water and Environmental Affairs;
• Department of Rural Development & Land Reform
• Gauteng Department of Roads and Transport;
• Limpopo Department of Roads and Transport;
• Mpumalanga Department of Public Works, Roads and Transport;
• Nkangala District Municipality;
• Sekhukhune District Municipality;
• City of Tshwane Metropolitan Municipality;
• Thembisile Hani Local Municipality
• Dr JS Moroka Local Municipality
• Presidential Infrastructure Coordinating Committee (PICC) – Strategic Infrastructure Project 1 (SIP1) Coordinator

(2)(b) The Chairperson of the Political Oversight Committee was the Minister of Transport.

Reply:

SANRAL jurisdiction is limited to the declared national road network of South Africa. In terms of vicinity of Phokwane in the Northern Cape, National Route N18 Section 1 from Warrenton to the NC/NW Border with a total length of 54,6 km, falls under SANRAL.

The following two major development and improvement projects for this portion of N18/1 has been approved in SANRAL MTEF budget:

1. N18 Section 1: Warrenton - Vaal-Harts (27,0 km in length) – Magareng Local Municipality
2. N18 Section 1: Vaal-Harts - NC/NW Border (27.6 km in length) - Phokwane Local Municipality.

For both projects the procurement of Engineering Services will commence during the 2021/22 financial year. The design period is scheduled for 2 years, with construction commencing during the second half of 2023. The scope of works for both projects entail the reconstruction of road pavement layers, the widening of the road width to at least 13,4 metres, construction of passing lanes, the upgrade of all major intersections and the provision of non-motorised transport infrastructure such as formalised footpaths/cycleways and public transport drop off and pick up facilities. As with all SANRAL projects, each of these projects will also incorporate a community development project that focus on priorities identified based on inputs from the community.

The estimate costs of the projects are approximately R920 million (R460 million each), with minimum of 30% of work going to sub-contractors. It is anticipated that these projects will bring much needed economic opportunities and improved road safety to the Local Municipalities and surrounds.

Reply:

No.The Department is not informed of such registration.However, the provincial office of the Department is currently updating themembership list of the existing Ncora-Qumanco CPA in 10 villages of Ncora in preparation of an AGM. The Project officer responsible for this CPA is Miranda Tengani based in the Queenstown office.

Reply:

South African Civil Aviation Authority (SACAA)

The process for the approval of any aerodrome, inclusive of a heliport, is as follows:

a) The applicant applies to the SACAA by submitting an application form.

b) A preliminary/initial inspection is conducted by Inspectors from the SACAA, in this case comprising of an Infrastructure Inspector and a Flight Operations Inspector to assess the suitability of the proposed site for helicopter operations and a preliminary inspection report with recommendations is generated and forwarded to the applicant.

c) The application is published in Government Gazette (in this case Gazette #41871 of 12 September 2018) for public comment.

d) As soon as the recommendations have been implemented, the applicant forwards a request to the SACAA for a final inspection to be conducted.

e) The initial issue of the approval and restrictions thereof is subject to the applicant complying with the SACAA regulations as well as consideration of any public comments received through the publication process. (In this case there was no comments in relation to any environmental matter).

f) Licenses/approvals are issued for a period of up to 5 years, as provided for under the Civil Aviation Act, Act No 13 of 2009, and, during the interleading periods, compliance is monitored through surveillance inspections, as per international standard.

1. The specified process was followed with the Ultimate Heli application.

2. Third party information can only be released with the consent of the approval holder. The reports contain 3rd party proprietary and commercially sensitive information, is confidential in nature and may contain personal information, which was provided in confidence, and the SACAA does not have consent from the operator to release such.

Reply:

I have taken note of the question from the Honourable Dr S SThembekwayo, and wish to confirm that the road in question is not part of the asset register of the national road network. As you may be aware that the planning, construction, maintenance and operations of all national roads are being managed by the South African National Roads Agency SOC Limited (SANRAL).

My department has made enquires and were informed by the City of Tshwane that the construction of road k54 between k22 (old Bronkhorstspruit road) and k69 (Hans Strijdom, approximately 6.8km) as well as a section of road d2561 from k54 to Tsamaya road in Mamelodi (approximately 2.2km), CONTRACT NO: DRT 91/06/2016. King Civils were appointed as a main contractor. Project commenced on 22 January 2018. The Contractor is responsible for the area in which the reported potholes are concentrated and are responsible for day to day maintenance until they complete the doubling of the stretch of road as per their contractual obligations.

The contractual completion date is 4 November 2020

This will be met, due to legal matters that must be resolved to address the illegal invasion of the road reserve.

Reply:

1. No. Government has not yet identified the land which can be redistributed without compensation andunused land by owners living abroad,and therefore such land audit has not been conducted.

(a),(b) Falls away.

2.

a) In line with the Beneficiary Selection Policy, all beneficiaries allocated the land are subjected to a compulsory training in line with their skills and knowledge needs.

b) Government through the relevant affected Departments, will provide a comprehensive communication strategy to address the concerns of the investors on the expropriation of land.

Reply:

The Minister of Public Works and Infrastructure:

Road construction is the responsibility of the Provincial Department therefore the question should be referred to the MEC of the relevant Province.

Reply:

(1) Please see attachment.

(2) Yes.

(3) The provinces are busy triangulating and verifying the information when learners sit for examination. 

Reply:

1. The Honourable Member should know that our intervention regarding safety and security at schools are not localised, but are national.  The National School Safety Framework (NSSF) remains our primary strategic response to school violence. It is a  comprehensive approach that coordinates and consolidates all school safety interventions in the sector.  The NSSF is based on a social ecological systems model which locates the school within its broader community.  It relies on collaboration and partnership for more coordinated approach to responding to school violence. 

2.The Department of Basic Education, through the School Safety Directorate has established a platform (What-App Group) for ongoing mentoring of schools. 

3. The Department of Basic education through School Safety Committees and Quality Learning and Teaching Campaign (QLTC) is mobilising communities, including Mopani District communities towards ownership of schools as community centres and future plans include a move towards encouraging communities towards mobilizing the alumni to adopt the schools which they previously attended that contributed to their education foundation to rekindle the love of education by both the youth and the communities

4. The  Department rolled out Bullying Prevention and Positive Discipline programmes in all Limpopo Education Districts, including Mopani District partnership with Active Education to address incidences of violence, homophobic bullying and cyber-bullying in particular.

5. Safety Committees at local levels and QLTC constantly run campaign to encourages the community participation to foster common identity and building social cohesion and make schools centres of our heritage

6. Communities are encouraged to protect the schools from criminal elements by participating in Community Policing Forums (CPFs), through the existing DBE Protocol Partnership with the South African Police Service (SAPS).

Reply:

(a) There has been no increase (0%) on the Bulk Water Charges imposed on all Water Boards for the 2020/21 financial year. The Department of Water and Sanitation (DWS) has also committed R600m in relief funds that will be distributed to cash strapped Water Boards. These funds will also go some way in helping the Water Boards to absorb the increase in raw water charges.

(b) Significant concessions have been given to the Domestic and Industry Sector with regards to Raw Water Use Charges. In terms of Water Resource Management Charges (WRMC), if the charges had been approved in line with the policy (Raw Water Pricing Strategy), the charges would have been increased by a maximum of fifty-six percent (56%). In terms of Water Resource Infrastructure Charges (WRIC), a maximum increase of 16.5% would also have been approved. The Capital Unit Charge (CUC) which is the charged levied on users that take water from schemes that are funded off-budget has not been increased for the 2020/21 financial year. The zero percent (0%) increase has been imposed on those schemes that supply water to domestic users.

It is important to note that all these concessions have had a negative impact on the performance of the Department of Water and Sanitation (DWS) in relation to water resource management functions, water resource infrastructure development and maintenance. The DWS provides assistance to the municipalities through the Regional Bulk Infrastructure Grant (RBIG) and the Municipal Water Infrastructure Grant (MWIG) for the development of new infrastructure and refurbishment thereof to ensure provision of clean Water.

Reply:

1. Saldanha Terminal

(1)     For each storage facility owned, leased and/or operated by the Strategic Fuel Fund, (a) on what date was the last (i) maintenance and (ii) refurbishment undertaken on the storage tanks and (b) what was the cost of such maintenance and/or refurbishment in each case;

• Saldanha Terminal is made of Concrete Underground Closed tanks which do not require maintenance or refurbishments on the Saldanha tanks. There are however scheduled inspections to test the tanks structure and roof supports. In all inspections done to date there were NO abnormalities that were detected. This include the tank settlement test that was done in 2016, where no discernible changes since commissioning were observed.

(2) (a) on what date was each specified facility last audited for environmental compliance and (b) what were the findings of the last environmental audit in each case;

(a) The last full recertification Audit was conducted by SABS on ISO14001 2015 on the 10TH to the 13TH March 2020

(b) One “minor” finding was issued and cleared by SFF Saldanha and we have thus been recertified under the new ISO 140001 2015 StandardCertificate}.

(3)   whether there are any indications of seepage into the ground and/or the groundwater table; if not, what is the position in this regard; if so, what are

the relevant details of the seepage?

A “Ground water sampling” exercise is done bi-annually and the last one was done in May 2019 and there is no seepage detected to date.

​​2. ​Milnerton Terminal

1. For each storage facility owned, leased and/or operated by the Strategic Fuel Fund;

a) on what date was the last Maintenance:

(i) Maintenance of the SFF Milnerton tank farm is an on-going exercise based on a schedule created as per the operating and manufacturers specification of a particular equipment. These schedules are distributed from the Maintenance planner’s office to the relevant staff (electrical or mechanical). Another form of maintenance is “adhoc” as and when a breakdown occurs it is attended to.

(ii) 1999 - 2002

• During this period 11 tanks were refurbished.

​b) For each storage facility owned, leased and/or operated by the Strategic Fuel Fund, what was the cost of such maintenance and/or refurbishment in each case:

• SFF paid market related costs as obtained following its approved tender process.

2. On what date was each specified facility last audited for environmental compliance:

a) An “Environmental Legal Compliance Audit” is conducted bi-annually and the last audit was done in June 2019.

b) The results of these audit was 2 minor findings that were closed-off and terminal received certification.

3. Whether there are any indications of seepage into the ground and/or the groundwater table; if not, what is the position in this regard; if so, what are the relevant details of the seepage?

• A “Ground water sampling” exercise is done bi-annually and the last one was done in December 2019 and there is no seepage detected to date,

 

Reply:

1. The Department of Mineral, Resources and Energy does not conduct any environmental audits, as these fall under different departments.

2. The refinery is not operational at the moment, however in terms of the Petroleum Products Act, the refinery was compliant prior to the incident.

Reply:

The Department of Water and Sanitation (DWS) does not consider the Orange River as being under drought conditions and there are no water restrictions imposed on water resource use in the upper Orange River catchment. Therefore, no special drought plans are under consideration. However, the Orange River does have seasonal variations in terms of flow, with lower flows experienced in late winter. Alternative sources such as boreholes and springs are developed and utilised as alternate standby sources.

The Department is aware that the Joe Gqabi District Municipality (JGDM) does have water distribution constraints to the extent that there is a moratorium on further developments until the water services are upgraded in line with the Aliwal North Water Master Plan. The Joe Gqabi District Municipality does have short and medium term plans to improve water services in the area as follows:

a) Two projects already commenced with are the construction of two raw water off-channel storage dams at the water works (MIG funded) and replacement of asbestos cement bulk pipeline and leaking valves (WSIG funded),

b) Funding is currently still being sought for further short term plans to:

• Build a new 2 Ml Clear Water Sump and install a high lift pump at the WTW,
• Build a 1,2Ml reservoir and a 400kl elevated tank at the springs; and install a high pressure gravity main.

c) Medium Term Plans:

• Upgrade of WTW by 2,5Ml and installation of a desalination/package plant at the springs,
• Replacement of the old 200mm asbestos cement rising main and upgrade of pump station and main reservoir at the springs.