Questions and Replies

Reply:

(i) The conducting of lifestyle audits are implied in the legal prescripts such as those, among others, that govern the enforcement of the provisions in the Prevention of Organised Crime Act, 1998 (Act 121 of 1998)(POCA) and the Prevention and Combatting of Corrupt Activities Act, 2004 (Act 12 of 2004)(PRECCA) by law enforcement agencies, as well as the conducting of vetting by the State Security Agency (SSA).

The SSA is mandated in terms of section 2(1)(b) of the National Strategic Intelligence Act, 1994 (Act 39 of 1994)(NSIA) to fulfil the national counter-intelligence responsibilities and for this purpose to conduct and co-ordinate counter-intelligence and to gather, correlate, evaluate, analyse and interpret information regarding counter-intelligence in order to-

(i) identify any threat or potential threat to the security of the Republic or its people;

(ii) inform the President of any such threat;

(iii) supply (where necessary) intelligence relating to any such threat to the South African Police Service for the purposes of investigating any offence or alleged offence; and

(iv) supply intelligence relating to any such threat to the Department of Home Affairs for the purposes of fulfilment of any immigration function;

(v) supply intelligence relating to any such threat to any other department of State for the purposes of fulfilment of its departmental functions; and

(vi) supply intelligence relating to national strategic intelligence to the National Intelligence Coordinating Committee (NICOC).

The performance of vetting investigations falls squarely within the definition of counter-intelligence in section 1 of the NSIA. Section 2A of the NSIA empowers the SSA to conduct vetting investigations to determine the security competence of a person, if such a person-

(a) is employed by or is an applicant to an organ of state; or

(b) is rendering a service or has given notice of intention to render a service to an organ of state, which service may-

(i) give him or her access to classified information and intelligence in the possession of the organ of state; or

(ii) give him or her access to areas designated national key points in terms of the National Key Points Act, 1980 (Act 102 of 1980).

“Security competence” is defined in section 1 of the NSIA to mean a person's ability to act in such a manner that he or she does not cause classified information or material to fall into unauthorised hands, thereby harming or endangering the security or interests of the State, and is measured against a person's-

(a) susceptibility to extortion or blackmail;

(b) amenability to bribes and susceptibility to being compromised due to his or her behaviour; and

(c) loyalty to the State and the relevant institution”.

Furthermore, the legislative and regulatory framework governing members of the Executive, and the Public Service provides for reporting, mandatory disclosure of financial interests and conflicts of interest, and the referral of cases of non-disclosure, which enable the institutionalisation of lifestyle audits. Where obligations are stipulated in legislation, regulations and Codes of Conduct governing the aforementioned persons, placing a duty on them to disclose personal financial interests and conflicts of interests, misconduct proceedings should be instituted against them for:

(i) failing to disclose personal financial interests or conflicts of interest; or

(ii) making incomplete, incorrect or misleading disclosures of personal financial interests and conflicts of interests.

There are concomitant legal implications for breaches of the relevant legislative and regulatory provisions and Codes of Conduct.

In addition, the Public Finance Management Act, 1999 (Act 1 of 1999)(PFMA) sets the framework for accountable financial administration in the public service. Legislative imperatives on Risk Management that deal specifically with the financial and fraud risk categories are contained in sections 38 to 42 of the PFMA and regulation 3 of the Treasury Regulations, 2005. Section 38(1)(a)(i) of the PFMA requires the all departments, trading entities and constitutional institutions have and maintain effective, efficient and transparent systems of financial and risk management and internal control. Risk management processes, responsibilities and punitive measures for non-compliance are incorporated into the responsibilities of Accounting Officers and Audit Committees, and by extension to all Managers in terms of the provisions of section 45 of the PFMA. Regulation 3.2.1 of the Treasury Regulations requires that:

“The Accounting Officer must facilitate a risk assessment to determine the material risks to which the institution may be exposed and to evaluate the strategy for managing these risks. Such strategy must include a fraud prevention plan. The strategy must be used to direct internal audit effort and priority, and to determine the skills required to manage these risks.”

The internal audit unit must in accordance with regulation 3.2.7 of the Treasury Regulations prepare, in consultation with and for the approval of the audit committee, a rolling three-year strategic internal audit plan based on its assessment of key areas of risk for the institution, having regard to its current operations, those proposed in its strategic plan and its risk management strategy.

Hence, implementing lifestyle audits forms part of a risk management system and strategy, aimed at identifying risks related to unethical conduct, corruption and fraud.

(ii)

(aa) Lifestyle audits are a critical a critical assessment by means of an amalgamation of a variety of information sources in order to compare the subject’s lifestyle with his/her declared income streams. In essence, it is a test to determine whether wealth is commensurate to income.

During vetting investigations, the SSA in terms of the NSIA (section 2A (5), (5A) and (6)), may in the prescribed manner gather information relating to-

(a) criminal records;

(b) financial records;

(c) personal information; or

(d) any other information which is relevant to determine the security clearance of a person:

Provided that where the gathering of information contemplated in paragraphs (c) and (d) requires the interception and monitoring of the communication of such a person, the relevant members shall perform this function in accordance with RICA. Vetting Field Work Units within departments of State may, on request by the SSA, assist the SSA in gathering the information. The head of the SSA or any officials delegated by him or her in writing may, after evaluating the information gathered during the vetting investigation, issue, degrade, withdraw or refuse to grant a security clearance.

In addition, it should be noted that legislative provisions that affect the employee–employer relationship must be considered when conducting lifestyle audits, particularly the Constitution; the Basic Conditions of Employment Act, 1997 (Act 75 of 1997); the Labour Relations Act, 1995 (Act 66 of 1995)(LRA) and its accompanying Codes of Good Practice issued by the Department of Labour.

(bb) Lifestyle audits are utilised as a legitimate fraud prevention and detection mechanism and serve as a tool to understand the financial profile of an individual, in terms of legitimate declared income versus known and observed assets.

Reply:

The Minister of Public Works and Infrastructure:

I was informed the Department of Public Works and Infrastructure(DPWI) has established the referred property and according to the Deeds Office’s property report belongs to the Provincial Government of the Limpopo Province (See Annexure 1).Therefore, DPWI would not spend any maintenance or renovation costs to any property belonging to the provincial department.

Reply:

 

1. (a) The western boundary fence was dropped alongside fourteen (14) Private, Community and State managed conservation areas and was not limited B the Associated Private Nature Reserves (APNR). The reason this include, but are not limited to, support for integrated ecological management, with ecosystem processes, e.g. catchment processes, ecological corridor, climate change processes, natural species migration routes, following a west-east landscape gradient(from the mountain catchment west of the KNP).

The fence dropping is also in fulfillment of the international Great Limpopo Transfrontier Conservation Treaty (GLTFCA, 2002), promoting integrated land use approaches, including the inclusion of Private, Community and State conservation areas into the open conservation estate within South Africa, Mozambique and Zimbabwe. This promotes ecological and socio- economic outcomes, as per Treaty objectives. In addition, the inclusion of these areas is also aligned to South Africa's international commitment to expand the conservation estate in the country.

The fence dropping with Private, Community and State area look place in the late 1990s and early 2000s, as per the above explanation. The GLTFCA Cooperative Agreement (2018), its objectives, associated legislative requirements and workplan were presented to the Portfolio Committee during 2019.

The GLTFCA Cooperative Agreement is the first Agreement that provides a consistent framework for the regularisation of all 14 reserves open to KNP, as guided by the legal framework. The Agreement provides a uniform and consistent management framework based on the protected area and associated legislation. Please find attached a copy of the Agreement(Addendum 1c1-2).

2. (a) Approved protocols need to be formalised within reserves that conduct hunting, as per legislative requirements (NEMPA, NEMBA). Please refer attached Addendum 2 for requirement that need to be met.

(b) The Provincial Conservation authorities; Mpumalanga Tourism and Parks Agency (MTPA) and the Limpopo Department of Economic Development, Environment and Tourism (LEDET) are responsible for the regulation of the hunting within these reserves, together with the management structures of such reserves overseeing the management plans and associated practices, such as hunting, in the reserves (NEMPAA Act, 2003{Act No. 57 of 2003)).

3. (a) and (b) SANParks does not allow hunting within the Kruger National Park.

According to information at my disposal, the said elephant bull was hunted in a reserve within the APNR, in accordance with the relevant statutory requirements and the APNR Hunting protocol. Such hunts are overseen by the management structures of the reserves, together with the Provincial Conservation Authorities, they being the regulatory authorities tasked with monitoring compliance with the Protocol. I am advised that during the particular hunt being referred to, no "tourist' besides the hunting party were witness to the hunt. I am also advised that the LEDET provided the documentation to substantiate that the permit were legally issued and that no laws were contravened.

According to information at my disposal, the hunt was legal and took place in accordance with the APNR Hunting Protocol. The APNR off-take committee furthermore reviewed the incident and provided a ruling that the hunt was in accordance with the Protocol. The provincial environmental authority (LEDET) conducted a full investigation into this matter.

Regards

MS BD CREECY, MP

MINISTER 0F FORESTRY, FISHERIES AND THE ENVIRONMENT
DATE: 30/10/2020

Reply:

1. Yes, I havebeen informed that the Auditor-General South Africa identified three officials during its preliminary audit processes. This audit has not yet been finalised. Once the audit has been finalised, normal government processes will be applied in dealing with the alleged contravention of the law.

2. Yes, the details will be shared once the audit has been finalised by the Auditor General of South Africa.

(a),(b) Falls away.

 

Reply:

The following is the information provided by the South African Sport Confederation and Olympic Committee,

a) Olympic Summer Games
Venue	Year	Female	Male	Total
Beijing	2008	57	79	136
London	2012	58	67	125
Rio	2016	45	93	138
b)  Paralympic Summer Games
Venue	Year	Female	Male	Total
Beijing	2008	17	38	55
London	2012	17	45	62
Rio	2016	17	29	46

Reply:

(a)(i)&(b). SASCOC indicated that the Audited Annual Financial Statements for the year-end 31 March 2020 will be presented for adoption at the Annual General Meeting scheduled to be held on the 7 November 2020. These financials contain independently audited financial reporting that provides information on the financial viability and going concern concept for SASCOC. Once the Audited Annual Financial Statements has been adopted by the membership on the 7 November 2020 it will be available for circulation/public consumption.

(a)(ii). The Sports Trust indicated that based on the analysis done regarding financial status of The Sports Trust is moderately healthy. The current ratio (current assets/current liabilities) determines that The Sports Trust will be able to honour its operational expenses for the next 12 months 1.57:1.The business cash flow is also in a moderately healthy position to honour the day – to – day operations of The Sports Trust.

(ii)(b). The Sports Trust further indicated that with the current economic situation, The Sports Trust as an NGO is mainly reliant on collaborations and partnerships with government and the private sector companies for donations and grants. The Sports Trust has also been affected by the current Covid-19 pandemic and is pleased to announce that we managed to secure a few partnerships and collaborations during this time of uncertainty.

The financial viability of The Sports Trust can therefore be defined as moderately healthy and place us in a position to deliver on our mandate, our day-to- day operations and some of the contractual agreements that we have in place.

Another lifeline of The Sports Trust is the interest that we receive from our investments due to our Seed Capital solution.

(a)(iii)&(b). The following federations provided responses / information regarding their financial status and viability:-

See information below:

Federations	Responses
Jukskei South Africa (JSA)	(a) Current financial status Jukskei indicated that they have sufficient resources to continue as a going concern in the medium to long term. However, the Pandemic may have a temporary impact on their Revenue in the 2021 Financial year. (b) Financially viability? Indicated that they are viable and have two streams of revenue. Affiliation fees, these fees were due and payable by mid-July. We have received 8 of the 9 Provinces affiliation fees and are in contact with the last Province to pay their fees. Registration fees, fees for athletes to be registered at JSA. JSA has implemented a Covid operational plan for jukskei activities to continue under Level 3, 2 and 1. Based on the current lockdown regulations the federation is able to host events without spectators and therefore athletes will need to be registered in order to participate. In terms of expenses, the federation has cut down operational budgets to ensure reduced revenue is sufficient to cover all expenses. Indicated that they were able to cut expenses for operational activities, however will not be able to run any of the development projects including high performance programme, development programme on grassroots level (schools and rural areas) and support to national teams in respect of national tours.
Softball South Africa (SSA)	a) Current financial status Federation indicated that the organization is stable b) Financially viability Indicated that they are viable for an amateur sport
South African Hockey Association (SAHA)	a) Current Financial status The federation indicated the following; The SA Hockey Association has the following annual funding streams: Provincial Affiliation Fees – this is a nominal amount that Provinces pay to SA Hockey annually to Affiliate as a Province or Affiliate Member. Member Affiliation Fees – this fee relates to amounts paid annually by all registered hockey players. These fees are set based on our National Office Operational Costs and charges to affiliated members Sponsorship Revenue – this revenue covers specific projects such as the respective 6 National Teams per Gender Coaching Education Fees – these fees are generated from hosting courses Broadcast Rights Fees – these fees are generated from broadcast rights annually for specific projects such as the Premier Hockey League Project Partner Fees – these fees are generated from specific projects such as the Modified Hockey Programme where funders can partner on CSI projects DSAC Grants – these grants have a set portion to assist with operational costs - 10% of the grant and the balance to deliver programmes to grow the game Player Payments – these fees paid by players relate to events that players participate it – leagues, provincial interprovincial tournaments, national camps and events that national teams participate in b) Financially viability The federation indicated that this is a very broad question for the current financial year and can confirm the following regarding the above. As at to date only line item no. 1 has been collected in the current financial year due to the COVID-19 Pandemic. We continue to receive line item no. 4 as these are offered online Funds related to projects, events, national teams etc. have not been received and all events for the hockey season were cancelled. Hockey is a Winter Sport and as such the entire competition season of 2020 was impacted by the National State of Disaster from Levels 5 to Level 1
South African Table Tennis Board (SATTB)	a) Current Financial status The federation indicated that the South African Table Tennis Board (SATTB)’s financial status is sound. b) Financially viability Indicated that the federation is financially viable
Swimming South Africa (Swimming SA)	(a) Current financial Indicated that the organization was only just solvent at the last financial year end 30 April 2020 (b) Financially viability Indicated that normally the organization is viable but due to the lockdown it is in need of financial assistance
South African Equestrian Council (SAEC)	a) Current financial status Indicated that due to Covid-19, memberships stagnated from March to the end of July. In order to get memberships Kick-started we implemented a 50% reduction of membership fees. The SAEF is currently is still in a positive position but expect an impact on memberships moving forward. b) Financially viability Indicated that the SAEF runs a tight ship and are financially viable.
Darts South Africa (DSA)	Indicated that Darts South Africa confirms that despite the Covid-19 pandemic, the organisation is financially viable.
South African National Archery Association (SANAA)	a) Current financial status Indicated that currently the federation’s financial status is sound b) Financially viability Indicated that at the moment the federation is viable, however expect membership income to drop drastically in 2021 due to financial strains on members. This means that clubs could also suffer.
Badminton South Africa (Badminton SA)	Indicated that the Federation is in a) a financially status and (b) financially viable position
Ringball Association of South Africa (RASA)	Federation indicated that a) it is non-profitable national sport federation b) only viable when receiving membership fees however not viable without receiving membership fees
Snow Sports South Africa (SSSA)	Indicates that the federation is a) financially sound and b) financially viable
South African Confederation of Cue Sport (SACCS)	(a) Current financial status The federation indicated that; SACCS is a National Composite Confederation with autonomous membership that includes full members of South African Blackball Federation (SABF) established in 2008, Pool South Africa (PSA) established in 1995 and Snooker and Billiards South Africa (SABSA) established in 1920, also have an associate member called Pool 4 Change established in 2019. The members of these organisations form the Executive Committee on the SACCS Board. These organisations are self-sufficient and generate their income from their members to run their operations. SACCS and their members SABF, PSA and SABSA administrative costs are derived from DSAC funding, and if DSAC funding is reduced in a given year then the administrative contributions to SABF, PSA and SABSA are reduced accordingly. The main purpose of SACCS is to establish itself as a member of good standing with SASCOC and thus get recognition from DSAC. SACCS is funded by DSAC in meeting their goals of mass participation and thus more than 50% of DSAC funding allocations are geared towards projects for our people in the previously disadvantaged communities. SACCS through the years has built up contingency funds of approximately R100,000 to fund the operating costs through the year until our administrative funding is released by DSAC. SACCS is very much a DSAC project driven operation as all National Tournaments are the responsibility of our autonomous members. SACCS is therefore financially stable and can only engage in projects that are DSAC approved. (b) Financially viability Indicated that SACCS is financially viable and a well-managed organisation that does not operate on any loans or bank overdrafts. The SACCS Board’s Treasurer publishes monthly management accounts that are distributed to the Board’s members monthly. SACCS is also managed strictly by an approved budget.
South African Body Building Federation	(a) Current Financial status The Federation indicated that Bodybuilding South Africa current financial status is solvent as its realizable value of its assets is greater than its liabilities. Its cash flow statement, contains 3 sections: cash from operations, cash from grants and sponsors and cash from investing (b) Financially viability Indicated that Bodybuilding South Africa has employed sound financial management practices to remain financially viable over the last 3 decades.

 

Reply:

The Minister of Public Works and Infrastructure:

I was informed by the Department of Public Works and Infrastructure (DPWI) that the contractor for Beitbridge Project, Caledon River Properties (Pty) Ltd T/A Magwa Construction, is involved with the following projects:

STATUS	STATUS DESCRIPTION	AWARD AMOUNT	AWARD DATE	PRACTICAL COMPLETION DATE	PROJECT DESCRIPTION
8	PROJECT COMPLETE	1,619,160.24	12/1/2006	1/28/2010	VARIOUS CENTRES: NORTH WEST, LABOUR CENTRE, POTCHESTROOM: RAMP FOLLOW ON CONTRACT: GROUP E
8	PROJECT COMPLETE	3,808,523.40	1/20/2009	2/19/2012	MEMEL, MAGISTRATE'S OFFICE, REPAIR AND MAINTENANCE PROGRAM
8	PROJECT COMPLETE	4,818,673.03	3/24/2010	3/28/2013	MOKOPANE, MAGISTRATE'S OFFICE, RAMP: FOLLOW-ON CONTRACT
8	PROJECT COMPLETE	18,516,513.68	2/9/2007	2/7/2010	BRAY, BORDER POSTS , BOSHOEK AND MAKOPONG: RAMP OF BUILDINGS, CIVIL INFRASTRUCTURE AND ELECTRICAL WORK
8	PROJECT COMPLETE	10,319,747.00	8/30/2007	11/30/2010	MANANGA, BORDER POST , REPAIR, MAINTENANCE AND UPGRADING OF BUILDINGS, CIVIL INFRASTRUCTURE, ELECTRICAL INSTALLATIONS AND MECHANICAL EQUIPMENT
8	PROJECT COMPLETE	3,898,927.68	9/6/2010	3/5/2014	GLENCOE, PRISON , REPAIR, MAINTENANCE AND OPERATIONS OF WATER SEWERAGE SERVICE
8	PROJECT COMPLETE	6,776,392.33	3/19/2010	9/18/2013	NEWCASTLE, EKUSENI YOUTH DEVELOPMENT CENTRE , REPAIR, MAINTENANCE AND OPERATIONS OF WATER SEWERAGE SERVICE
8	PROJECT COMPLETE	5,468,679.18	12/8/2010	11/9/2016	MANANGA, BORDER POST , MAINTENANCE AND SERVICING OF BUILDINGS, CIVIL, ELECTRICAL, MECHANICAL INFRASTRUCTURE AND INSTALLATIONS
8	PROJECT COMPLETE	15,062,097.24	1/28/2011	7/14/2016	RAMATLABAMA, BRAY AND MAGOBISTAD, BORDER POSTS , MAINTENANCE AND SERVICING OF CIVIL, MECHANICAL AND ELECTRICAL INSTALLATIONS
8	PROJECT COMPLETE	17,411,120.42	1/25/2011	7/14/2016	SWARTKOP, BORDER POST , MAINTENANCE AND SERVICING OF BUILDING, CIVIL, MECHANICAL AND ELECTRICAL INSTALLATIONS
8	PROJECT COMPLETE	3,340,148.70	3/11/2011	11/10/2016	KOSI BAY, BORDER POST , MAINTENANCE AND SERVICING OF BUILDING, CIVIL, MECHANICAL AND ELECTRICAL INSTALLATIONS
8	PROJECT COMPLETE	20,234,569.08	12/11/2013	3/15/2017	SKILPADHEK, BORDER POST , MAINTENANCE AND UPGRADING OF BUILDINGS, CIVIL INFRASTRUCTURE, ELECTRICAL INSTALLATIONS AND MECHANICAL EQUIPMENT
8	PROJECT COMPLETE	11,898,484.38	2/3/2012	10/4/2017	MAHAMBA, BOTHASHOOP AND EMAHLATHINI, BORDER POST , MAINTENANCE AND UPGRADING OF BUILDINGS, CIVIL INFRASTRUCTURE, ELECTRICAL INSTALLATIONS AND MECHANICAL EQUIPMENT
7	FINAL DELIVERY	5,721,845.82	12/17/2008	12/19/2011	KROONSTAD, PRISON , FOLLOW ON CONTRACT:REPAIR AND MAINTENANCE OF CIVIL WORKS, ROAD, STORMWATER AND SERVICES
7	FINAL DELIVERY	7,986,888.56	9/29/2010	5/28/2012	ZONDERWATER, PRISON , REPAIR, MAINTENANCE AND OPERATIONS OF WATER SEWERAGE SERVICE
7	FINAL DELIVERY	15,612,816.42	1/30/2012	1/31/2017	MASERU BRIDGE, BORDER POST , MAINTENANCE AND UPGRADING OF BUILDINGS, CIVIL, ELECTRICAL AND MECHANICAL INSTALLATIONS AND INFRASTRUCTURE
6A	PRACTICAL COMPLETION	37,328,167.98	6/23/2016	10/22/2019	RAMATLABAMA, KOPFONTEIN AND DERDEPOORT, BORDER POSTS , 36 MONTH MAINTENANCE, SERVICE AND REPAIR OF BUILDINGS, CIVIL, ELECTRICAL AND MECHANICAL INSTALLATIONS AND INFRASTRUCTURE
5B	CONSTRUCTION	67,023,061.83	10/20/2016		BEIT BRIDGE, BORDER POST , MAINTENANCE AND SERVICING OF BUILDING, CIVIL, MECHANICAL AND ELECTRICAL INSTALLATIONS
5B	CONSTRUCTION	34,725,058.92	6/23/2016		GROBLERS BRIDGE AND STOCKPOORT, BORDER POST , MAINTENANCE AND SERVICING OF BUILDING, CIVIL, MECHANICAL AND ELECTRICAL INSTALLATIONS
5B	CONSTRUCTION	19,638,243.06	3/30/2016		BRAY, MOGOBISTAD AND SWARTKOPFONTEIN, BORDER POSTS , MAINTENANCE AND SERVICING OF BUILDING, CIVIL, MECHANICAL AND ELECTRICAL INSTALLATIONS
5B	CONSTRUCTION	30,216,992.15	1/23/2017		BORDER POS , BORDER POSTS , MAINTENANCE AND SERVICING OF BUILDING, CIVIL, MECHANICAL AND ELECTRICAL INSTALLATIONS
5B	CONSTRUCTION	36,362,828.52	3/3/2017		SKILPADHEK, BORDER POST , 36 MONTHS REPAIRS MAINTENANCE AND SERVICING OF BUILDING, CIVIL, MECHANICAL AND ELECTRICAL INSTALLATIONS
5B	CONSTRUCTION	37,176,843.50	3/18/2020		BEIT BRIDGE, BORDER POSTS , BEITBRIDGE BORDERLINE BASE: (PHASE 1) SANDF 40KM BORDERLINE FENCE INFRASTRUCTURE AND INSTALLATION ON THE BORDERS BETWEEN ZIMBABWE AND RSA
5B	CONSTRUCTION	16,466,905.20	7/7/2020		LPOE: BOESMANSHOEK, ONGELUKSNEK AND RAMATSELISO APPOINTMENT OF A SERVICE PROVIDER FOR THE MAINTENANCE AND REPAIRS OF BUILDING, CIVIL, MECHANICAL, ELECTRICAL INFRASTRUCTURE AND INSTALLATIONS FOR A 36 PERIOD MONTHS

Reply:

a) SA Sport Confederation and Olympic Committee indicated that they do not utilize the services of Financial Consultants

b) The Sports Trust indicated that they do not utilize the services of Financial Consultants. They have a full time Accountant and Assistant Accountant to manage the day-to-day financial functions of The Sports Trust.

c) The following is the status from the federations that responded;

Federations	Responses
Badminton South Africa (Badminton SA)	Indicated that they do not pay any financial consultants
Canoeing South Africa (Canoeing SA)	Indicated that they do not pay any financial consultants
Cricket South Africa (CSA)	Cricket South Africa indicated that they use consultants for the elite part of pathway (National Teams and High Performance Programme). Nothing from the grant received from the Sports Ministry on Hubs and Development of Girls / Women is used on consultants
Darts South Africa (DSA)	Indicated that DSA does not utilize financial consultants
Karate South Africa (KSA)	Indicated that they do not pay any financial consultants
Lifesaving South Africa (LSA)	Indicated that they do not pay any financial consultants
Motorsport South Africa (Motorsport SA)	Indicated that they do not pay any financial consultants
Ringball Association of South Africa (RASA)	Indicated that they do not pay any financial consultants
Roller Sport South Africa (RSSA)	Indicated that they do not pay any financial consultants
Rowing South Africa (Rowing SA)	Rowing South Africa indicated that they do not contract any financial consultants or make any payments to financial consultants
SA Association for the Intellectually Impaired (SAAII)	Sasa-II Indicated that they do not use services of financial consultants
South African Amateur Fencing Association (SAAFA)	Indicated that they do not pay any financial consultants
South African Body Building Federation	Indicated that they do not pay any financial consultants
South African Confederation of Cue Sport (SACCS)	SACCS indicated that they do not pay any amounts to financial consultants
South African Ice Hockey Association (SAIHA)	Indicated that they do not make use of any financial consultants
South African Korfball Federation (SAKF)	South African Korfball Federation indicated that they do not engage any consultants
South African Powerlifting Federation (SAPF)	SA Powerlifting Federation indicated that they do not pay amounts to financial consultants
South African Rugby Union (SARU)	Indicated that they do not procure the services of financial consultants
South African Table Tennis Board (SATTB)	The South African Table Tennis Board (SATTB) indicated that they do not pay any amounts to any financial consultants
South African Tug-of War Federation (SATWF)	The South African Tug-of-War Federation indicated that they do not utilise financial consultants, nor do they pay any consulting fees to consultants
South African Weightlifting Federation (SAWF)	South African Weightlifting indicated that they do not make use of consultants
Squash South Africa (Squash SA)	Squash indicated that they do not pay any consultants. Their Treasurer is an accountant and has his own firm. He does not receive an Honorarium from the Federation

Reply:

(1).     a) There was a difference in approach between the first wave and the second wave of the Covid-19 Relief Funding. In the first wave the amounts were based on loss of confirmed income by art practitioners and this was capped at R20 000, 00 per application to accommodate the demand. The second wave approach was open to all arts practitioners regardless of whether they had confirmed gigs or not. The intention was to reach as many art practitioners as possible in an attempt to respond to the outcry from the sector that, many did not have the opportunity in the first wave due to the indicated criteria.

b) The first wave Relief Fund had two categories, first was for loss of income and the second was for new digital solutions projects. The loss of income category was capped at R20,000.00 and the new Digital Solutions projects at R75 000,00 per application. In administering all approved Digital Solutions applications the disbursement of funds was divided into two tranches. All applicants awarded the maximum of R75 000,00 grant received R53,000,00 as the first tranche and R22,000,00 as second tranche. This accounts for the figure in question.

(2).    Yes.  The EPWP guidelines for wages were used with slight adjustments. That is, R100 per day on a 22-day month period. It is to be noted that this was not remuneration as no work or services were performed by the applicants. In this case, the Department’s intention was to, within the available resources, provide relief to as many practitioners as was anticipated due to the relaxation of criteria. 

Reply:

(a)(i) It is regrettable that of the 8 winners,5 will not receive their prize money. The Department of Agriculture, Land Reform and Rural Development sought approval from National Treasury for the shifting of funds to effect payment of the prize money, but the request was declined and National Treasury further advised the Department to discontinue annual prize awards hosted by the Department due to fiscal constraints. Therefore, the Department is in the process of procuring agricultural equipment and production inputs for the remaining 5 winners of the 2019 #Youth in Agriculture, Forestry and Fisheries Awards (YAFF) who did not receive prize money. Of the 5 outstanding prize payments, one of the winners already received his equipment on 19 August 2020.

(ii) No prize money will be paid out to the remaining winners; instead they will receive equipment and agricultural production inputs. The procurement processfor equipment and agricultural production inputs for the remaining 4 winners is at an advanced stage and the Department anticipates concluding the procurement process for the remaining winners by 30 November 2020.

(b) Falls away. Please refer to (a)(i) above.

Reply:

(a). The Department supports the Federation by providing Basketball South Africa with Financial Support for capacity building programs towards training of coaches programs across the country through our Provincial Associations working with Provincial Departments.

(b). Basketball SA indicated that the Federation has National and Provincial Accredited Facilitators from Basketball's world governing body, Federation of International Basketball (FIBA) to train and accredit coaches who are ready for all Level 1 up to an International coaching license. Basketball South Africa through its National Coaching Commission trains coaches at district and provincial levels with the assistance of Provincial Department of Sport Arts and Culture. During the Lockdown, FIBA organised virtual coaching sessions and at least 50 of the coaches both Men and Women had an opportunity to participate in these sessions. In this capacity building program of coaches, schoolsport coaches are also provided with an opportunity to be trained.

c)(i) Basketball SA further indicated that there are 350 trained black coaches currently involved in active coaching of clubs, schools and universities. (ii) The coaches are situated in all nine provinces including previously disadvantaged communities, coaching clubs, schools and universities.

Reply:

(a). In instances where geographical names are changed, the costs associated to such changes will relate to the advertisements in local newspapers; venues of local consultation meetings; honoraria paid to the Provincial Geographical Names Committees and the South African Geographical Names Council for their sittings as well as the costs related to the replacing of road information signs by the South African Roads Agency (SANRAL) and affected Municipalities.

Such costs vary depending on process followed, number of consultations etc. Once process is finalised only then can final costs be determined and subsequently be provided to Hon Member.

(b). The South African Geographical Names Council (SAGNC) has not yet received the applications to change the names of (i) East London and (ii) King Williams Town.

Reply:

Honourable member, the matter pertaining to the trip of passengers who made use of falcon 900 airplane from the South African National Defence Force on 08 September 2020 for a flight to Zimbabwe, were dealt with by the President of the country. He took a decision to sanction the Minister of Defence because there were irregularities in the manner in which the trip was undertaken under her stewardship. After the action by the President, I regard the matter as closed except that the Public Protector is doing her own investigations.

END

Reply:

The Minister of Public Works and Infrastructure:

(1) I was informed by the Department of Public Works and Infrastructure (DPWI) that the preliminary and General costs (P&Gs) are factored in and priced by the main contractor in the Bill of Quantities. As such, if 30 percent sub-contracting was imposed by the client when going out on tender, in terms the Preferential Procurement Regulations of 2017, the sub-contracting agreement must be 30 percent of the value of the entire contract amount awarded to the main contractor. This therefore means that the P&Gs would be factored in the contract amount due to the sub-contractor. In terms of this the subcontractor would then balance their rates from what was originally priced by the main contractor.

NB: the rates submitted, priced and contracted by the main contractor cannot be increased after the awarding of the contract, as this would mean the change of the original contract terms. Therefore sub-contractors cannot claim any amounts over above what is in the original contract.

(a) (i), (ii) and (iii) The CIDB has programmes to capacitate stakeholders, including SMME’s, and has produced emerging contractor tools and guidelines such as, the Contractor Management Guidelines (CMG 101), as well the basic guide on the 3Rs (Rights, Responsibilities and Risks).

(b) Threats by SMME’s to close off the sites or any interruptions to complete a project are a reportable violation of the CIDB code of conduct. The conduct as such is punishable in terms of Regulation 27A of the CIDB regulations. For any dispute that may push SMMEs to close off sites dispute resolution mechanisms are spelt out in the contract.

(c) The CIDB can only intervene upon such matters being reported in terms of Regulations 28 and as per the provisions of the contract between the conflicting parties.

(2) As stated above in (1) (b) threats to close off the sites or any interruptions to complete a project are a reportable violation of the CIDB code of conduct, and shall be dealt with according to the stipulations of the code.

(3) Yes, this is alleged criminal activities and is dealt with by the Security Cluster.

Reply:

1. The Society for the Prevention of Cruelty to Animals Act, 1993 [No. 169 of 1993] which is the founding legislation which covers the National Council of Societies for the Prevention of Cruelty to Animals (NSPCA) provides for control of societies for the prevention of cruelty to animals, and for matters connected therewith. These societies are non-profit organizations and through this Act are enabled to collect contributions or raise funds country-wide in any lawful manner; and may receive financial grants from public funds and accept donations and bequests from any person or estatesubject to the provisions of, and as contemplated in, the Fundraising Act, 1978 (Act No. 107 of 1978). The NSPCA has been sustaining itself through revenue streams which are provided for within the Act.

2. No.The Department of Agriculture, Land Reform and Rural Development is not considering direct budget allocations to the NSPCA. The Department is currently working on legislation that will also empower government officials to enforce the Act.

Reply:

The Leaders' Pledge for Nature deals with a number of issues that are currently the subject of multilateral negotiations within the Convention on Biological Diversity (CBD) and the United Nations Framework Convention on Climate Change (UNFCCC), amongst others.

Given the fact that this Leaders' Pledge for Nature is not a multilaterally agreed document, nor did not form part of any multilateral negotiations and that it contains element which are the subject of ongoing negotiations as well as its requirements for a commitment to act and take accountability, it is prudent for any responsible Government to study the actions required and it implications on the country, prior to committing. The Leaders' Pledge for Nature is still open for endorsement and therefore, South Africa may still sign it after careful study of its content and the implications thereof on its biodiversity policy.

Our country remains committed to the implementation of its goals and objectives, and are committed to working towards an adoption of a post-2020 global biodiversity framework at the COP15 of the CBD in Kunming, China next year.

Regards

MS B D CREECY, MP
MINISTER OF F0RE8TRY, FISHERES AND THE ENVIRONNENT
DATE: 30/10/2020

Reply:

1. Following the Minister’s address earlier this year, a budget of R30million was set aside to provide financial assistance to the tourist guiding sector, particularly to tourist guides that operate as freelancers. To be eligible to access the fund, the following minimum requirements had to be met:

• Be a registered tourist guide with the relevant Provincial Registrar; and
• Be a freelance tourist guide (i.e. not registered with the Unemployment Insurance Fund (UIF) as an employee)

2. The Department implemented a “no application’’ process. As the custodians of the information pertaining to registered tourist guides, Provincial Registrars (from all nine (9) provinces) provided the Department with their respective databases of registered tourist guides whose details (including cellphone numbers) had been verified and updated.

3. Based on the information that was received by the respective Provincial Registrars, further verifications were conducted with UIF. Based on the outcome of the UIF verification process, payments to a total of 4415 tourist guides have been processed to date. The 4415 tourist guides that were processed for payment met the criteria that is outlined above. As per the UIF data, 4778 tourist guides did not qualify for the funding.During the verification process it was found that 260 were duplications or their information was incomplete or incorrect.The breakdown of the number of guides submitted by the respective provinces and the payments that have been processed per province is outlined in the table below:

Province	Number of guides submitted by province	Number of guides that met the criteria for payment	% of guides received funding
1. Eastern Cape	505	179	35%
2. Free State	38	24	63%
3. Gauteng	1167	963	83%
4. KwaZulu-Natal	745	410	55%
5. Limpopo	418	145	35%
6. Mpumalanga	1197	434	36%
7. Northern Cape	109	105	96%
8. North West	242	116	48%
9. Western Cape	5032	2039	41%
Totals	9453	4415	47%

4. A total of R19 867 500.00 has been committed for the payment to 4415 tourist guides. By end of October 2020, all 4415 tourist guides will have received a total payment of R4500 (R1500per guide X 3 months).

Reply:

The State Security Agency possess partial forensic capabilities to conduct lifestyle audits and where there is a lack, collaborate with other organs of state such as the South African Police Services (SAPS), Financial Intelligence Centre (FIC), e.t.c. to compensate the discrepancy.

The lifestyle audit framework currently at the drafting stages will, once completed, lay a foundation of the requisite capabilities to conduct a lifestyle audit.

Reply:

This is the reply to both question number: 2162 and 2223.

The FIFA 2010 World Cup Legacy indicated the following. That;

a) (i) FIFA donated R450,762,816 to the Legacy Trust. The Legacy Trust held this amount in interest bearing bank accounts.

(ii) The total amounts spent on each project are shown on the Management report. See the attached management report as at the end of August 2020, prepared by the appointed independent financial platform performed by EY South Africa.

(iii) The following is the nature of each project

1. Funding for development projects as identified by SAFA: R392,433,691

2. Funding to SAFA regions : R45,755,000

3. Funding to SAFA Local Football Associations : R10,750,000

4. NGO Funding : R36,079,107

i. Funding to the 20 Football for Hope centres

ii. Funding to NGO’s that use football for social development

5. Bursary allocation to approved beneficiaries within football : R2, 569,886

(iv) The following are persons who are signatory to the account

1. Yusuf Carrim – 2010 FWC Legacy Trust manager

2. Mansoor Parker – ENSafrica (Edward Nathan Sonnenbergs Inc)

(v) The projects are approved as follows;

1. The Legacy Trust’s management team compiles the applications for grant funding which it presents to the Legacy Trust’s board of trustees, the highest decision making body within the Legacy Trust, for approval.

2. The Trustees consider the applications for grant funding and approve (with or without modifications) or reject these applications at their Trustees’ meetings.

 

Reply:

The Minister of Public Works and Infrastructure:

1. (a) ISA was not established as an entity but a function to oversee the implementation of the mandate of Infrastructure. It is part of the National Department of Public Works and Infrastructure (NDPWI) functional organisational structure reporting to the Minister, responsible for PICC & IDMS roles emanating from the National Macro Organisation of Government (NMOG) processes including the urgent need for targeted infrastructure investment.On the 27 May 2020, Cabinet resolved to create Infrastructure South Africa (ISA) to be housed within DPWI to serve the purpose of being a single-entry point and to ensure that DPWI has a system accounting for all infrastructure projects at all levels of government.

(b) Public Service Regulations, 25 (2)(a) states that, based on the strategic plan of the department, an executive authority shall determine the department’s organisational structure in terms of its core mandated and support function. Public Service Act, section 41 stipulates the alignment with the said regulations as well as the role of the Minister of Public Service and Administrations.

(c) The structure depicts ISA at a macro level within the department with the Head of ISA reporting to the Minister of Public Works and Infrastructure.

2. Dr Kgosientsho Ramokgopa is appointed in the Presidency on contract. The Ministerrequested the permission of the Presidency to utilize the expertise of Dr Ramokgopa in introducing the functions of Infrastructure within DPWI.

3. The organisational structure of ISA was concluded by the Minister of Public Works and Infrastructure and submitted to the Minister of Public Service and Administration for his concurrence in accordance with the Public Service Act and Regulations and approved.

4. No, the Department of Public Service and Administration must approve the organogram, which was done in September 2020. The recruitment process has started.

5. The Department reprioritised the budget to fund the function of ISA which will be subject to approval by National Treasury. For the current financial year, an amount of R23.062 million has reprioritised to provide funding for compensation of employees. Other funding requests such as computers, software licenses, cell phones and office furniture will be procured from the centralised budget under Information and Communication Technology (ICT) and Supply Chain Management (SCM) budgets for goods and services and payments for capital services.

Reply:

The delegations in terms of the Subdivision of Agricultural Land Act, No 70 of 1970 are attached to official posts and not persons. This has been purposefully provided to accommodate any changes arising from resignation and movement of officials without impacting on service delivery. Delegations are assigned to the posts of Director, Chief Director and Deputy Director-General levels as per table below:

SECTION	TYPE OF POWER	POSITION TO WHICH POWERS ARE DELEGATED
1(f) of the definition of agricultural land	To determine which land the Minister may after consultation with the executive committee concerned and by notice in the Gazette excludes from the provisions of this Act.	Non delegable.
3 (a-e)	To consent in writing that an action regarding subdivision of agricultural land which is otherwise prohibited, may be executed.	Chief Director: Natural Resources and Disaster Management.
3 (f)	To consent in writing that an action regarding establishment of a township or enlargement of activities other than agriculture which is otherwise prohibited, may be permitted.	Deputy Director General: Agricultural Production, Health and Food Safety, Natural Resources and Disaster Management.
3(g)	To provide consent in writing regarding public notice to the effect that a scheme relating to agricultural land or any portion thereof has been prepared or submitted under the ordinance in question.	Deputy Director General: Agricultural Production, Health and Food Safety, Natural Resources and Disaster Management.
4(1)(a)(ii)	To determine the place, form, plans and documentation which must accompany the application for the purpose of section 3 of the act.	Director: Land and Soil Management.
4(2)	To refuse or grant any such application on such conditions.	Deputy Director General: Agricultural Production, Health and Food Safety, Natural Resources and Disaster Management.
4(3)	To enforce a condition in terms of section 4 (2.)	Deputy Director General: Agricultural Production, Health and Food Safety, Natural Resources and Disaster Management.
4(4)	To vary or withdraw any condition imposed by section 4 (2)(b), and if it has been registered against the title deed of the land, direct that it is varied or cancelled.	Deputy Director General: Agricultural Production, Health and Food Safety, Natural Resourcesand Disaster Management
6A (1) (a) (aA) (b) (2)	To give consent for the registration of servitudes over agricultural land and subdivision.	Chief Director: Natural Resources and Disaster Management.
7	To authorise any person to enter upon any land at all reasonable times to carry out thereon investigations or to perform thereon such other acts as are necessary for achieving the objectives of the Act.	Director: Land Use and Soil Management
10	Regulations	Non delegable

Reply:

The Minister of Public Works and Infrastructure:

(1) The Department of Public Works and Infrastructure (DPWI) has not allocated funds to Limpopo Department of Public Works for 11 technical assistants from Cuba. Limpopo Department of Public Works is responsible for the payment of its own technical assistants from Cuba for salaries, accommodation, logistics or any other costs.

(2) Yes, DPWI has allocated funding for the accommodation of the Cuban Officials throughthe Department’s Cuban Technical Advisory programme

Reply:

(1)(a)

(i) The total number of households electrified over the past five financial years is 1,266,240.

(ii) Provincial breakdown of number of indigent households electrified in last 5 years:

(b) The Mixed Developer Policy Guideline was introduced in October 2018. Before this date, all applications received by the Department on mixed developer projects were treated as normal Bulk and Households applications. Funding for infrastructure under the mixed development category is provided for on a pro-rata basis based on the percentange consumption of indegent customers within the development. If the percentage power consumption of indegent customers within the development is 70% and above, the bulk infrastructure qualifies for fullfunding through the INEP Grant.

All indigent customers qualify for free basic electricity as per the Free Basic Electricity policy.

(2)

(a) A total of 214 517 households were electrified in the past financial and these households have electricity meters installed.

(b) No outstanding meter installations have been reported by our electrification programme implementing agents (Eskom and Municipalities).

Reply:

1.(a) Processes to obtain National Treasury approval for the Department of Sport, Arts and Culture to contribute an equal amount to what the Department of Small Business Development had set aside for this partnership, and the signing of Memorandum of Agreement (MoA) were undertaken in parallel to each other.

1.(b) The Director General of the Department of Sport, Arts and Culture and the Acting Director General of the Department of Small Business Development signed the MoA between the two departments on 07 October 2020, prior to the call for applications going out. The MoA is ready and available to be shared with the Portfolio Committee.

2.The total amount of R22 282 000. was solely based on what both departments had available for the COVID-19 Relief funding; and took into account the size of the sub-sectors that needed to be supported.

3.This Relief Funding is being managed by both DSAC and DSBD; with Provincial Implementing Agents that will be doing the end-to-end administration of application, to whom funding will be transferred for processing to successful applicants. This funding is not being routed through CCIFSA

4.This Relief Funding was not routed through CCIFSA; neither is it being managed by them. See response above.

Reply:

The Minister of Public Works and Infrastructure:

I was informed by the Department of Public Works and Infrastructure (DPWI) as follows:

(a) (i) The NPO was appointed in October 2019 to implement the EPWP NSS NPO Programme for a period of two financial years ending 31 March 2021. The budget allocation for 2019/2020 financial year was R2 463 840.22

(ii) As at 14 August 2020, a total of 126 work opportunities were created, of which 116 (93%) are youth as shown in the table below.

Table 1: Breakdown of overall work opportunities created

Dr. Beyers Naude	103 (including Gender-Based Violence)
Blue Crane Route	9
Sundays River Valley	14

(iii) The Non-State Sector did not participate in the EPWP School Cleaning programme. The latter is implemented by provincial departments responsible for education function.Hence the NPO did not participate in the aforementioned programme.

(b) The Non-Profit Organisations (NPOs) Programme was first introduced as part of the Expanded Public Works Programme (EPWP) in the 2009/10 financial year, and has since then been implementedby the Independent Development Trust. In 2020/21 financial year, 189 of the 339NPOs started implementing the EPWP COVID-19 project in support of the Department of Health Public Health Hygiene Strategy with effect from 01 June 2020.The implementationis currently under way through district municipalities and primary health care facilities in provinces.

(c) To date, 19 794 participants (i.e. 1 June – 31 July 2020) have been deployed to work at various sites, primarily within communities to demonstrate on how to wash hands, construct tippy taps, cleaning of public places such as taxi ranks and others.

(d) Guided by the EPWP Ministerial Determination, participants are paid a daily wage rate of R101.00 per person day of work.

(e) Participants work 7 days in a fortnight, that is, they work 4 days in week 1 and 3 days in the following week. Therefore all participants should work 14 days a month. However, the work schedule may be amended, as required.

(f) Personal Protective Equipment’s (PPEs) have been made available for all participants. It was recently discovered that some participants were not fully complying with the regulations linked to PPEs. This was raised with the Implementing Agent to be corrected immediately.

Reply:

The Minister of Public Works and Infrastructure:

(a) The Presidential Infrastructure Co-ordinating Commission Technical Task Team (PICC TTT) provided technical support during the investigation of BeitBridge BorderFence project.

(b) The PICC has a Geographical Information System (GIS) and geo-spacing capability

that was used to list and relocate sites proposed for quarantine. This list wasprovided to the Department of Health to conduct inspections and operationalize sitesas may be deemed necessary during the Covid-19 response.

(c) A specialist from the PICC TTT has been appointed as part of the IDT Exit Strategy TaskTeam that was tasked with investigating the sustainability of the IDT.

(i)

(aa) PICC TTT officials that provided technical support during the investigation of theBeitBridge project were Mr Tshepo Chuene, Mr Thabang Tladi, Mr MuzwandileButhelizi and Dr Hilton Macdonald.

(bb) The scope of the technical evaluation during the investigation focused on three keyaspects of the project, namely the contractual matters as related to the GeneralConditions of Contracts (GCC), analysis of the contract scope and costs ascontained in the Bills of Quantities (BoQ) as well as observations made during aproject site visit on 05 May 2020. This included:

• Reviewing contractual matters as captured in project documents, including themotivation and conditions for the accelerated appointment of both the Contractorand Principal Agent. The review team also checked whether those conditions inthe appointment contracts were upheld / adhered to;
• Analysing and comparing the rates of the 2016 BoQ with those of March 2020,in order to verify the compliance to the conditions set out in the motivation forthe emergency appointment of the Contractor and Principal Agent;
• Developing an independent BoQ to determine a fair price of the contract,through the team’s own market research, site visit observations and analysis ofcontract documents; and
• Assessing fitness for purpose and the quality of work of the implemented fencesolution, to effectively secure the 40km stretch of the border between SouthAfrica and Zimbabwe.

(cc) The duration of the Technical Task Team’s evaluation was an estimated 65 ours.

(dd) As departmental officials were involved in the implementation of the project andpossible conflict interest, the Department used an independent team to assist withthe technical aspects of the investigation. The team was complimenting theinvestigating team of the Department with engineering quantity surveying andproject management capabilities. The team is independent as it didn’t participate inthe planning and implementation of the project.

The Department recognised the need to work together with the PICC and SIU onthis investigation in order to enhance the effectiveness of dealing with corruption andmaladministration. The Department further recognised that effective and efficientmutual assistance in this investigation was fundamental to successful investigation,disciplinary proceedings, prosecution of crime and civil proceedings.

(ii) No cost to DPWI.

Reply:

(1) Approximately 2.8million hectares.

(2)(a),(b),(c) No study has been conducted to determine the viability of land.

(3)(a),(b) The Ingonyama Trust Board has not conducted any audit regarding the extent of land being used for subsistence or commercial farming.

(4)(a),(b) The Lease Tenure Instrument issued by the Ingonyama Trust Board (ITB) is accepted by all financial institutions, but has no influence on the funding criteria used by government and/ or commercial banks for agricultural projects.

(5) According to the information from the ITB, Yes every farmer has equal access to ITB land regardless of the gender.

Reply:

The Minister of Public Works and Infrastructure:

I was informed by the Department of Public Works and Infrastructure (DPWI) that at the time of awarding the bid, the specified company was not restricted from doing business with Government. It was part of six (6) companies that submitted quotations forthe service.

This company could not have been excluded by the Department without following due process for restriction. This could be construed to be anunfair process which may also be irregular on the basis of passing over the highest scoringNational Treasury SCM Instruction Note 3 of 2016/17.

The due process for restriction isoutlined in the Preferential Procurement Regulations 2017 and National Treasury SCMInstruction Note 3 of 2016/17. The Department has issued an internal Circular No 40 of2019 to establish a Restriction Committee and provide Standard Operating Procedures togive effect to the above-mentioned Prescripts.

The matter of restricting Crocia Events has subsequently served at the duly constitutedRestriction Committee and Crocia has been given 14 days to provide reasons why theDepartment must not recommend their restriction to the National Treasury.

Reply:

Since the start of the schools project to assist leaners with identity documents on 16 June 2020, the total number of identity documents issued to learners is 229 954.

END

Reply:

(1). The Department regards all sectors under it as of equal importance; and as per the presentation made to the Portfolio Committee in September 2020; the projections were based on the total balance of budget, to cater for sport, arts and heritage practitioners, there was never a distinction for distribution of funds for either Sports or Arts and Culture. The department approached National Treasury to get approval to utilise the balance, to cater overall for Sport, Arts and Culture.

(2). Initially the available balance of the Budget was for Sport; but after approval from National Treasury; the department was then able to redirect its existing conditional grants toward responding to the outcry due to the pandemic to cater for all practitioners serviced by the department.

(3). Yes, R11 million has been ring-fenced and committed to enable entering into a partnership with the Department of Small Business Development (DSBD) to cater for audio-visual, crafts, visual arts and design sector which were not catered for in the second wave. The rest of what remains of the budget was aimed at responding to applications received from both sports and all other cultural domains within the arts, culture and heritage for the second wave of relief funding.  

Reply:

The Minister of Public Works and Infrastructure:

1. The Remainder of Portion 1 of the farm Grey-Dell No. 871, East London Registration Division as depicted on S.G.-diagram 1288/1900 and registered vide deed of transfer T409/1952 in the name of the National Government of the Republic of South Africa.

The property is 271, 9114 ha in extent and is commonly known as Bongweni.The property falls under the custodianship of the Department of Public Works and Infrastructure (DPWI) in terms of the State Land Disposal Act, Act 48 of 1961.

2. Yes, the DPWI approached the HighCourt for intervention by taking legal action against the erection of illegal structures and this was granted on the 16th March 2017. In line with the Court Order, only unoccupied structures and structures under construction were demolished.

The demolition is in line with a Court Order that permits the landowner to prevent the illegal invasion of its property. This was a joint operation between DPWI, South African Police Service and Sheriff of the Court.

The illegal structures are within a restricted area in the direct flight path to/from East London Airport which also constitutes a serious risk to residents.

Reply:

1. Yes, the State Security Agency was approached by the aforesaid provincial governments to conduct lifestyle audits of the members of the respective Executive Councils.

2. Reports of the lifestyle audits will be submitted to the respective provincial government, which will decide whether or not to make them available to the public.

Reply:

(a) The Minister is aware that some commodity groups applied on their own to the Jobs Fund with the Land Bank agreeing to provide additional funding as per their agreement. However, the department was not party to most of those agreements nor was asked to intervene in anyway.

(b) The Minister is not aware of when the Land Bank will resume landing as she has not been advised by the board or management.

Reply:

The Deputy Minister has submitted a Reply in this regard to the Parliament Office of the African Transformation Movement (ATM)

Reply:

(1.a) Both Departments went through a consultation process with sector organisations and to provide them with the opportunity to nominate panel members specifically for the targeted sub-sectors. The Department of Small Business Development and the Department of Sport, Arts and Culture, working with each of the nine provinces, have set up adjudication panels comprising of representatives from the following entities/organizations in each province:-

• • A representative from the province’s craft hub or development agency
  • A representative from the Visual Arts Network of South Africa (VANSA)
  • A representative from the South African Screen Federation (SASFED)
  • A representative from the Creative & Cultural Federation of South Africa (CCIFSA)

The Department of Small Business Development and the Department of Sport, Arts and Culture, together with the provincial Departments’ of Art and Culture, as well as Economic Development will provide over-sight and support to the above Provincial based adjudication panel.

1. (b) The Department uses Treasury Guidelines for remuneration of committees, which is R327.00 per hour for committee members and R570 for chairpersons of committees. In this case the total amount to be spent will depend of actual number of committee members and the number of hours they spend adjudicating received applications/requests.

2. The names of the companies that will benefit from the R22 282 000.will be known once the adjudication panels in each of the Provinces have sat to evaluate received application/requests.

3. (a) Yes; upon request.

3(b) Processes related to approval of the Department of Sport, Arts and Culture contribution to the R 22 282 000. from National Treasury and the signing of the MoA were done parallel to each other.

Reply:

The village mentioned as Tlhabane could not be identified in this area, between Delareyville and Vryburg as stated in this Question. There is however a village called Broedesput in the area. Tlhabane is a township in Rustenburg in Bojanala District. Broedesput is a village between Delareyville and Vryburg and has a population of 780. Initially, this village was part of Ngaka Modiri Molema (NMM) District but it was redemarcated into Naledi Sub-district in Dr. Ruth Segomotsi Mompati District.

Given the population size, there is no fixed health structure in this area, but the community is serviced through mobile clinic from both Dr Ruth Segomotsi Mompati (Naledi Sub District) and NMM,which services are delivered as follows:

1. Mobile clinic from Naledi Sub-district visits the area fortnightly, twice a week each fortnight; The first day of the visit is focused on the youth and children and the second day is dedicated for Chronic health services;

2. Mobile clinic from NNM visit the area once a month; and

3. The Medical Officer from Naledi Sub-district assisted by a Professional Nurse also visit the area twice a month.

The latest patient headcounts are as follows:

MONTH	NALEDI HEADCOUNT	NMM MOBILE CLINIC
July	362	45
August	202	41
September	201	37

END.

Reply:

Capacity gap is one of the root causes for use of consultants by municipalities. The Department is in the process of promulgating Municipal Staff Regulations, which set out uniform standards for staff members below the senior management level. The regulations includes amongst others:

• • Providing a governance framework for appointment of municipal employees with the necessary technical and professional skills;
  • Incorporates a competency framework occupational classes in local government that regulates minimum standards for recruitment, selection, appointment, performance management laying the basis for skills audit and skills development programmes.

In addition, the Department will roll out a training in 2020/21 financial year on the implementation of Municipal Staff Regulations.

While the Department focus on the governance and institutional matters that seeks to address capacity gap, the National Treasury provides measures and capacity building to municipalities on financial reporting including preparation of annual financial statements.

I THANK YOU.

Reply:

1. The National Department of Health in collaboration with South African Bureau of Standards (SABS) and the South African Health Products Regulatory Authority (SAHPRA), the National Regulator for Compulsory Specifications (NRCS) set the quality standards for the various personal protective equipment items. Each province is responsible for ensuring that the quality standards of PPE procured are maintained. The National Department of Health has also supported the provinces with availing a Policy on Respiratory Protective Equipment and a list of PPE specifications that provinces can utilise to guide the PPE procurement process. In addition, PPE quality assurance training was conducted for provinces. The Department of Trade, Industry and Competition (DTIC) also provides support to the manufacturers and distributors in respect of applicable standards and conformity assessments to assist them to prepare for the licensing and approval processes. The Department of Health intends to approach National Treasury to seek approval for single sourcing of Quality Assurance Companies to undertake assessment of the PPE procured and to be delivered in all health care facilities for quality assessment. This will ensure that such PPE is of acceptable quality and standards. This intervention will be executed in line with or in compliance to section 79 of the Public Finance Management Act, which allows organs of state to apply for deviations from open competitive bidding process based on good grounds and urgency of this matter in protecting health care workers. This is to further ensure that health care workers are provided with PPE that is complaint to standards and quality requirements subject to concurrence and approval of National Treasury.

2. Each province, district and facility have Occupational Health and Safety Committees that since 1 October 2020 are verifying the availability of PPE reported by health facilities on the Stock Visibility System on a weekly basis. The Occupational Health and Safety grievance processes are followed at a local level and escalated accordingly.

END.

Reply:

(a) The total number of Waste Water Treatment Works (WWTW) that are in a state of decay in the Republic are 265

(b) Maintenance and refurbishment of Waste Water Treatment Works is the primary responsibility of the Water Service Authorities (WSAs), i.e. municipalities. However, the Department of Water and Sanitation (DWS) works together with the Department of Cooperative Governance and Traditional Affairs (COGTA) and the South African Local Government Association (SALGA) to ensure that municipalities receive the necessary support and grant funding to refurbish and maintain their assets. Water Service Authorities, through their Municipal Infrastructure Grant (MIG) allocation for water and sanitation, have allocated funding for the refurbishment of some of WWTW.

The Department also funds certain refurbishment and upgrading projects that meet the criteria of the different funding programmes such as Regional Bulk Infrastructure Grant (RBIG) and Water Services Infrastructure Grant (WSIG). Some of the specified plants have been included in these programs depending on availability of funds availed to the Regions. The intended outcome is to improve the performance of the plants which will, in turn, improve the quality of effluent discharged into the water resources.

Further, the DWS conducts regular inspections and requires local authorities to develop Operation and Maintenance plans as a mandatory activity. These plans must provide system operators in the municipalities with comprehensive guidelines, procedures, and the necessary technical references to efficiently operate wastewater plants. Local authorities are required to amend the plans whenever there is a change in the treatment works design, construction, operations or maintenance which substantially changes the treatment works operations and maintenance procedures.

(c) Non-functional Waste Water Treatment Plants leads to the pollution of water resources. Pollution contributes to the deterioration of water quality which impacts on the sustainability of the ecosystems in the water resources. Poor water quality increases water treatment costs. Pollution of water resources also poses a health risk to the citizens as high microbial counts in the water may cause waterborne diseases like diarrhoea which may lead to loss of life. It can also impact on the economy of the country since it is a risk to irrigated crops and exports market, and therefore can result in the loss of investors and business opportunities.

Reply:

The Provincial CoGTA Department together with Gauteng Provincial Treasury has already set up a Government Debt Management Committee. The objectives of the Committee are to fast-track payment of monies owed to Municipalities by National and Provincial Government Department. The committee meets on a quarterly basis and the National CoGTA plays an oversight. The Government Debt Management Committee comprises of at least:

• Official representatives of all owing National and Provincial Departments
• Debt Managers from Parastatals (Rand Water, Eskom, Prasa, Telkom and Transnet),
• Revenue Managers from all Municipalities.

The Provincial CoGTA Department is planning to deploy revenue experts specifically within the City to assist the City to facilitate the integration of Revenue Enhancement and Debtor Management. Furthermore, the experts will develop Integrated Revenue enhancement and debtor Management and support its implementation. The Municipality is paying within 30 days as per the legislative definition of a current account.

END.

Reply:

a) Four (4) complaints were lodged against Dr Pretorius;

b) The details of each complaint are as follows:

• 1. Complications following cancer treatment;
  2. Incompetence;
  3. Use of off-label insulin to treat cancer; and
  4. Negligence related to cancer treatment: allegations of misrepresentation as a cancer treatment doctor and further investigation related to whether the amount of R400,000.00 charged over a period of 7 months was in line with the treatment provided.

c) All the complaints were investigated but the investigations did not include a site visit to his practice;

d) Below is the list of cases and (e) the outcomes of each complaintare as follows:

Case	Outcome
(i) Complications following cancer treatment	The complaint was withdrawn in Feb 2020 at Inquiry by the complainant. File closed
(ii) Incompetence	At Inquiry awaiting an expert opinion and the matter will be set down for a hearing
(iii) Use of off-label insulin to treat cancer	Inquiry matter. Hearing set down for February 2021
(iv) Negligence	Matter under investigation. Lodged in Oct 2020

END.

Reply:

a) Discovery Health supported the Department of Health to develop the CovidAlert App;

b) The Department has not awarded any procurement contract for the CovidAlert App. The Department received an offer of support from Discovery Health’s CEO. The Department in its press release/media statement on 1st September 2020 mentioned that: “COVID Alert SA was developed at no cost to the Department, through a partnership with world-class developers at Discovery Health, Apple and Google”;

c) (i) Total value of the contract is 0.

(ii) The Department has not paid any money for the CovidAlertApp.

END.

Reply:

1. (a) The Senior Clinical Manager (SCM) of Mokopane Hospital attained his medical degree on the 31st December 2013;

(b) He completed his medical internship during the period 1 January 2014 to 31 December 2015.

2. (a) The SCM had 2 years and 6 months as a medical practitioner before his promotion on 1 July 2018. The breakdown is as follows: Medical Practitioner: Community Service (01 January – 31 December 2016) and Medical Practitioner: Independent Practice (1 year 6 months as (01 January 2017 – 30 June 2018).

(b) The experiential requirements for the post of SCM is “a minimum of 3 years as Medical Practitioner after registration with the Health Professions Council of South Africa (HPCSA).

Even though, the SCM did not have the three years minimum years of experience at the time of promotion, since he had only two (2) years and six (6) months experience as a medical practitioner, he was considered as a suitable candidate following a directive by the Executive Authority that where the Province is unable to recruit a suitable candidate during interviews, candidates acting as Clinical Managers can be considered for appointment, provided they are deemed compete during the selection process by the interviewing panel. At the time of promotion, the SCM was an Acting Clinical Manager at WF Knoble Hospital.

3. No action will be taken as the candidate concerned has the requisite qualifications as a medical practitioner certified by the Health Professions Council of South Africa (HPCSA). Furthermore, the Executive Authority exercised her wrights in terms of Sub-Section 67 (7) of the Public Service Regulations, 2016 that (7) ”If the selection committee is unable to recommend a suitable person for appointment from those who applied in terms of sub regulation (5), the Executive Authority may, after that selection process has been completed, approve the head-hunting of one or more persons with the requisite competencies and subject such person or persons to the same selection process as those who applied.

END.

Reply:

(1) (a) The awarding of tenders to supply Personal Protective Equipment (PPE) for COVID-19 does not fall within the mandate of the South African Health Products Regulatory Authority (SAHPRA) therefore, SAHPRA does not have record of the unlicensed suppliers in this regard. SAHPRA publishes a list of licence holders who are authorised to manufacture, distribute (including import and export) and wholesale medical devices and in-vitro medical devices (IVDs). This list is available on the SAHPRA website which can be accessed at this address: www.sahpra.org.za

(b) SAHPRA does not have record of the names of government-wide unlicensed suppliers for PPE tenders and their Board of Directors.

(2) (a)-(b) Not applicable to SAHPRA. The Entity does not have record of unlicensed suppliers who were awarded tenders to supply Class A and Class B medical devices to hospitals.

(3) There were no amendments made to the guidelines and regulations made in terms of the Medicines and Related Substances Act, 1965 (Act 101 of 1965) as amended, to facilitate the awarding of contracts to unlicensed providers. SAHPRA has published a series of communication documents during the pandemic to communicate the existing regulatory requirements and processes to stakeholders in accordance with SAHPRA’s mandate.

END.

Reply:

1. The Gauteng Provincial Department of Health confirms that there are alleged corruption implications laid against some Hospital managers in the Gauteng Health Department related to the procurement of personal protective equipment. However, investigations are still underway by the Security Agencies. The Hospital Managers are still occupying the posts and therefore no process to fill the posts has commenced yet. It should be noted that in accordance with the Public Service Regulations, only vacant funded posts can be advertised to be filled.

2. The implicated officials have not yet been officially charged because the investigations are still proceeding and no further details can be provided to safeguard the interest of the investigation process.

END.

Reply:

In accordance with Section 11 of the Public Service Act, 1994, as amended, appointments and the filling of posts in the public service shall be in accordance with equality and the other democratic values and principles enshrined in the Constitution. Thus, all persons who qualify for the appointment, transfer or promotion concerned shall be considered. Also, the evaluation of persons shall be based on training, skills, competence, knowledge and the need to redress the imbalances of the past to achieve a public service broadly representative of the South African people, including representation according to race, gender and disability.

1. Currently there is no one appointed as Senior Clinical Manager at Mankweng Hospital, as this post does not exist on the approved organisational structure of the Hospital.

(a) Not applicable;

(b) Not applicable.

2. Not applicable.

3. Not applicable.

END.

Reply:

The following responses were received from the Provincial Departments of Health:

1. Eastern Cape

The Department complies with the requirements of Local Content for the designated items.

a) Linen

The Department issued a competitive (and transparent) bid through the government tender bulletin. The bid requirements included compliance with Local Content, including SBD 6.2 and relevant Annexures for declaration. Awards were made to companies that complied with this requirement.

b) Food

The department procures patient food for the ECDOH facilities and where processed vegetables are procured; Local Content requirements are complied with. The department currently has a combination of procurement strategies which include long term rate-based contracts and quotations, compliance to this requirement is monitored on an ongoing basis.

The Department did not do any limited bidding specifically targeted support by the Department of Trade, Industry and Competition department.

2. Free State

The Department procures goods, services and works in line with the applicable laws and regulations governing Public Sector Supply Chain Management Systems in the Country. The procurement of (a) bed linen and (b) food may only be done directly from aforementioned group on directive and/ or instruction by the Minister of Finance at National Treasury.

3. Gauteng

The Department has adopted a radical approach to transform health economy by encouraging sub-contracting to Township Enterprises and designated groups through the value chains of health sector markets which have proven to be monopolistic in nature. This will assist the department to achieve by embracing the system thinking approach and involving the current market structures towards inclusive health economies.

The Department gives preference to targeted groups including township suppliers when procuring the following:

a) Procurement of Patient Clothing and Hospital Linen from Women Cooperatives.

b) Food supplies

• • Meat, fish & Poultry
  • Bread and confectionary
  • Milk and milk products
  • Processed Vegetables
  • Fruits and vegetables

In addition, and where possible, the Department has enforced Subcontracting of building alterations during procurement of medical equipment.

4. KwaZulu-Natal

The Department source goods from black industrialists sponsored and/or funded by the Department of Trade, Industry and Competition for items such as:

a) Bed linen

Yes

(b) Food

Yes

5. Limpopo

(a)-(b) The procurement of goods or any services within the public sector is guided by Section 217 of the Constitution of South Africa which says “When an organ of state in the national, provincial or local sphere of government, or any other institution identified in national legislation, contracts for goods or services, it must do so in accordance with a system which is fair, equitable, transparent, competitive and cost-effective”.

The Department does not object to any plans to source goods from black industrialists sponsored and/or funded by the Department of Trade, Industry and Competition. At this stage the Department is unaware of the procurement process that includes the DTI & Competition or any approval from National Treasury for procurement of goods through set asides.

It is the position of the Department to implement Preferential Procurement Regulations, 2017 “REGULATION 4” (Pre-Qualification Conditions) in order to advance designated groups when advertising tenders where possible.

6. Mpumalanga

a) The Department is in the process of finalizing a specification for the supply and delivery of bed linen and patient clothing for advertisement in the new future. The specification will include requirement for minimum threshold for local content and production. The bed linen are currently procured on a contract that was extended on a month-to-month basis for a period not exceeding six months effective from 01st June 2020. The Department will also consider the use of pre-qualification criteria in terms of the Preferential Procurement Regulations, 2017 to address black ownership.

b) The following bid with a closing date of 08th November 2019 was advertised in the Mpumalanga Provincial Supply Chain Management Bid Bulletin Volume No. 283 published on 09th October 2019:

NR	DESCRIPTION	BID NUMBER
1	SUPPLY AND DELIVERY OF PERISHABLE AND NON-PERISHABLE FOOD FOR HOSPITALS AND INSTITUTIONS IN THE MPUMALANGA DEPARTMENT OF HEALTH FOR A PERIOD OF THREE (03) YEARS	HEAL/046/19/MP

The above bid was evaluated, adjudicated and awarded to twenty-three service providers effective from 01st June 2020. Any plans to source goods from black industrialists sponsored and/or funded by the Department of Trade, Industry and Competition can only be considered after expiring of the existing contract

7. Northern Cape

a) The Northern Cape department of Health is considering procurement from companies listed on the Department of Trade and Industry and Competition on bed linen.

b) Not yet.

8. North West

As the Provincial Health Department we always strive to source items from black-owned companies regardless of whether or not they are sponsored and/or funded by DTI and Competition. It is usually difficult to determine who funds the companies, as it is usually not a requirement, in terms of PPR 2017 (Preferential Procurement Regulations 2017) when requesting bids for items. In the case where there are no black companies in the relevant sector i.e. Medical Equipment, we ensure their participation through sub-contracting of 30% of the total cost of the bid amount to SMME’s.

9. Western Cape

Western Cape Government Health (WCGH) currently has no such plans, however:

a) WCGH procures its linen from Service Products (Supported Employee Enterprises) which is an entity of the Department of Labour; and

b) WCGH is compliant to the requirements regarding local content & production regarding designated sectors, which include agro-processing, textiles/leather and footwear and furniture, with awards being made to bidders who are compliant to local content requirements and who score the highest total preference points.

END.

Reply:

Yes, daily students travelling from Eswatini are not required to produce COVID-19 test results as they are screened daily on arrival and departure through the point of entry by health officials to determine if they are experiencing symptoms consistent with COVID-19. Weekly learners are taken through the same screening protocol at the border, however this is conducted once weekly on entry and departure. As the weekly learners do not travel daily, a health official is not in a position to detect whether or not they are symptomatic during their weekly stay. Should a student potentially become symptomatic during their weekly stay, this may result in further transmission as well as importation of COVID-19 as they would not have undergone the daily screening by a health official. It is important to also note that the Department of Basic Education has issued a directive  that all schools conduct daily screening of  learners so both day students and weekly boarders are screened.

END.

Reply:

According to the Eastern Cape Provincial Department of Health,

1. Community Health Workers (CHWs) at BJ Vorster Hospital in Kareedouw in the Eastern Cape Province were employed on a temporary basis for a fixed term contract to specifically capacitate the Health Services to respond to the additional demand for services due to Covid-19 at the Hospital. These CHWs were contracted with funding for Covid-19, of which the term will end on 31 March 2021.Assessment of anyfurther employment of these CHWs will be conducted towards the end of their contract and a decision will be taken then, which would also be guided by the availability of funding.

2. Performance of CHWs in the Province is continuously being assessed and this includes the 16 CHWs contracted at BJ Vorster Hospital and necessary support is provided to ensure that their performance is of acceptable standards, since CHWs play a critical support function in the management of Covid-19 in the Province.

END.

Reply:

(a) (i) A sufficient number of nurses

We can confirm today that Reivilo Community Health Centre (CHC) has ten (10) professional nurses. These include eight (8) permanent nurses and two (2) community service professional nurses. The headcount for 2019/2020 was 18,722 and the headcount seen by professional nurses is 17,722. The workload per professional nurses is 11.9 per day. The headcount for the year 2020/2021 (April – September 2020) is 8,506. The workload is nine (9). The workload per professional nurse to date is 9 clients/professional nurse per day. The normal workload per professional nurses is 25 clients per day. This means that Reivilio CHC has sufficient number of nurses

(ii) Enough medicine

The availability of medicines as at 26 October 2020 was 94% against a target of 80%. This is regarded as enough medicines in terms of drug availability and Stock Availability System (SVS).

b) Based on the above workload the number of professional nurses and 80% medicine availability, at Reivilo CHC will be able to operate well to render quality health services.

END.