Questions and Replies
09 September 2020 - NW1831
Sonti, Ms NP to ask the Minister of Justice and Correctional Services
What (a) total number of persons defaulted on paying their maintenance orders during the lockdown to curb the spread of Covid-19 and (b) steps has his department taken to ensure that maintenance orders are enforced, even during the lockdown
Reply:
(a) Thus far 631 cases have been recorded for failure to comply with maintenance orders during the lockdown period, and these are based on requests made at courts by maintenance beneficiaries. These matters have been enrolled for hearing on different trial dates. It should be noted that these are not first or initial applications for maintenance. Only once a maintenance order is not honoured or defaulted upon, does the beneficiary come back to court.
The enforcement of maintenance court orders is provided for in the Maintenance Act, 1998 (Act No 99 of 1998) (“the Act”). In terms of section 26 of the Act, whenever a person against whom a maintenance order has been made fails to make a payment in accordance with the order, the order shall be enforceable by way of execution against property as contemplated in section 28, or by the attachment of any debt as contemplated in section 30. In terms of section 31 of the Act, any person who fails to make a particular payment in accordance with a maintenance order shall be guilty of an offence
Therefore, the Department of Justice and Constitutional Development only captures information regarding default payments in instances where an application for enforcement of the original court order has been made because of non- compliance with the court order by the defendant.
These 631 cases are therefore not necessarily the total number of defaulters during the lockdown period, as we anticipate that from Alert Level 2, many more maintenance beneficiaries will be approaching the courts to report non-compliance. The statistics thereof will be kept for analysis purposes. Furthermore, given the fact Covid-19 has caused many persons to lose their employment or face reduced incomes, we can anticipate that this will have an effect on default maintenance payments as well.
(b) Courts were sitting on a rotation basis during the different levels of the lockdown. The Department ensured that child maintenance functions were regarded as emergency work/essential services so as to ensure that courts continue to process maintenance complaints and applications. Courts therefore remained operational in respect of maintenance matters, with due adherences to the Covid-19 regulations and prescripts
09 September 2020 - NW1300
Opperman, Ms G to ask the Minister of Cooperative Governance and Traditional Affairs
On what statutory provisions does she rely when issuing regulations under the Disaster Management Act, Act 57 of 2002, regarded to (a) supersede any other provisions already codified in the Constitution of the Republic of South Africa, 1996, and/or any other existing legislation, including laws that have not been repealed and/or suspended and (b) limit the operation of any provisions already codified in the Constitution and/or any other existing legislation without explicitly making mention of the existing provisions and/or suspending the existing provisions? NW1668E
Reply:
(a) and (b) Section 36 of the Constitution states that certain rights in the Bill of Rights may be limited only in terms of a law. In this regard the Disaster Management Act, 2002 prescribes in Section 26(2)(b) that the national executive, in dealing with a national disaster where a state of disaster has been declared by the Minister in terms of Section 27(1), must deal with the disaster in terms of existing legislation and contingency arrangements as augmented by regulations or directives made in terms of Section 27(2) of the Act.
End.
09 September 2020 - NW1412
Joseph, Mr D to ask the Cooperative Governance and Traditional Affairs
By what date will her department start the process of introducing amending legislation in Parliament to Chapter 12 of the Constitution of the Republic of South Africa, 1996, including subsections (a) (211) (1) and (b) (212)(1) in light of the fact that the President, Mr M C Ramaphosa, signed the Traditional and Khoi-San Leadership Act, Act 3 of 2019, in December 2019? NW1783E
Reply:
There has never before been enabling provisions for the statutory recognition of the Khoi- San communities and leaders or for the establishment of Khoi-San structures. It is for this reason that the Traditional and Khoi-San Leadership Act, Act 3 of 2019 (hereinafter referred to as the TKLA) was enacted. The TKLA, amongst others, makes provision for the recognition of Khoi-San communities and leaders, provided they meet the criteria contained in the Act. The Department does not intend to introduce legislation in Parliament amending Chapter 12 of the Constitution. The TKLA contains comprehensive provisions relating to the Khoi-San and it is, in our view, not necessary to amend Chapter 12 of the Constitution.
End.
09 September 2020 - NW1763
Brink, Mr C to ask the Cooperative Governance and Traditional Affairs
.Whether, with reference to the municipalities where the District Development Model (DDM) has been piloted since 2019, a report has been compiled about the successes and failures of the DDM in each specified municipality, if not (a) is a report of this nature in progress and (b) by what date will it be published; if so, what have been the most significant findings about each municipality and the DDM in general? NW2153E
Reply:
Cabinet approved the District Development Model on the 21 August 2019, to be firstly piloted in OR Tambo District Municipality, Ethekwini Metropolitan Municipality and Waterberg District Municipality. The first phase consisted of launches by the President in the following order, 17 September 2019, 18 October 2019 and 26 November 2019.
The establishment phase comprised mainly of five areas of work.
- The development of profiles for the three pilots,
- Soliciting government (national, province and local) and parastatal projects, programmes and expenditure in the three pilots,
- Soliciting private sector investment where possible,
- Hosting an event where the pilot is launched,
- Intergovernmental engagement and hosting of business and community engagements;
- Implementing post launch programmes such as, conducting a skills gap and institutional capacity analysis;
It is therefore still premature to identify successes and failures in the District pilot sites as per the question of the Honourable member.
End.
09 September 2020 - NW1592
Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs
Whether she has been informed about the letter that was allegedly written by an official of the National Treasury to the SA Local Government Association (Salga) requesting Salga to apply on behalf of municipalities for exemption from annual salary increases for municipal officials in light of the adverse financial impact of the Covid-19 pandemic; if not, what is the position in this regard; if so, whether (a) a certain person (name furnished) and/or (b) any other employee of her department was copied in the specified letter and/or substantially similar request to Salga; if not, what is the position in this regard; if so, what are the relevant details; what is her department’s position on the National Treasury’s request that Salga applies on behalf of municipalities for exemption from annual salary increases for municipal officials in light of the impact of the Covid-19 pandemic; whether any municipalities have applied to the SA Local Government Bargaining Council for such an exemption; if so, what are the relevant details in each case?
Reply:
-
- Yes, the contents of the letter were brought to my attention.
-
- (a) and (b) Yes, the then Acting Director-General of the Department was copied in the letter.
-
- The South African Local Government Association (SALGA) is a registered employer organisation in the bargaining council designated for municipalities in terms of section 30 of the Labour Relations Act, 1995, representing municipalities that are affiliated to it in the South African Local Government Bargaining Council (SALGBC). As regards, the National Treasury’ request for SALGA to apply for exemption of municipal employees from the 2020/21 annual salary increases, the letter conform to the labour laws of the Republic. It is incumbent upon SALGA in its capacity as the employer representative to use its internal protocols to consult with the relevant municipalities or the mandating structures before embarking on the application referred to in National Treasury’ letter.
End.
-
- Clause 11 of the 2018 - 2021 Salary and Wage Collective Agreement concluded on 15 August 2018 read in conjunction with the Constitution of the SALGBC impose an obligation on municipalities applying for exemptions to lodge their applications with the General-Secretary of the Council and to forward copies to the national offices of the Independent Municipal Allied Workers Union (IMATU) and the South African Municipal Workers Union (SAMWU), not the Minister.
09 September 2020 - NW1204
Van Minnen, Ms BM to ask the Minister of Public Enterprises
(1)(a) At what stage are the negotiations with the unions regarding the unbundling of Eskom into three separate subsidiaries, and (b) which unions are involved in the process?(2) How will (a) the outstanding debt of Eskom be accrued to each of the three potential subsidiaries, and (b) Eskom debit to creditors be secured prior to the unbundling process?
Reply:
According to the information received from Eskom:
(1)(a) In terms of the Collective Agreement, Eskom engages with organised labour at various
participative structures. National structures include - Strategic Forum, Central Consultative Forum and Central Bargaining Forum. There are also Group Structures and Business Unit Level. The purpose of these structures is for Eskom to engage (share information, consult and bargain) with organised labour on matters that have direct impact on the employee’s conditions of employment in line with legal prescripts.
Post the publication of the Eskom Roadmap in October 2019, Eskom has had two formal consultative meetings with the leadership of NUM, NUMSA and Solidarity where Eskom shared the Strategic Turnaround Plan and Operating Model, the latter detailing the divisionalisation plans in support of the Eskom Roadmap. The table below lists engagements that have taken place as well as those planned.
Eskom is also party to the NEDLAC process where only NUM is in attendance as prescribed by the NEDLAC regulations.
|
Consultative Forum |
Dates of past meetings |
Discussions |
Organised labour representation |
Planned meetings |
|
Strategic Forum (SF) |
26 May 2020 |
Eskom shared the Eskom Strategic Turnaround Plan and Operating Model. |
NUM/NUMSA/Solidarity leadership. The engagements are targeted at Secretary General level. |
26 November 2020 |
|
21 July 2020 |
A follow up meeting to engage further on issues tabled at the meeting. |
|||
|
Central Consultative Forum (CCF) |
- |
The Eskom Turnaround Plan as shared at the Strategic form meetings of 26 May and 21 July. |
NUM/NUMSA/Solidarity The engagements are targeted at local leadership. |
The CCF meeting is scheduled to take place on 22 September 2020. With another meeting scheduled for 3 December 2020. |
|
NEDLAC |
15 October 2019 4 December 2019 11 February 2020 |
The Roadmap for Eskom in a reformed electricity supply industry 2019 |
As per NEDLAC’s prescribed regulations. |
Dates and agenda is set by NEDLAC. |
(1)(b)The recognised trade unions at Eskom are National Union of Metalworkers of South Africa
(NUMSA), National Union of Mineworkers (NUM) and Solidarity.
(2)(a)In line with the divisionalisation decision, proforma financial statements: income statement
and balance sheet, etc. have been formulated for each of the units to enable proper performance monitoring by the established divisional boards. However, the decision on the group debt remains an outstanding matter and a solution will be finalised before the debt is allocated to each division and prior to attainment of the legal separation.
(2)(b) The decision on a long term solution will include engaging and reaching agreement with
the creditors, after taking into account the regulatory methodology and the profitability of the proposed subsidiaries. It would be premature at this stage to provide a definitive decision on this matter, as the work has not been concluded.
09 September 2020 - NW1311
Groenewald, Mr IM to ask the Minister of Cooperative Governance and Traditional Affairs
1. Whether, with reference to the negative economic impact of the Covid-19 pandemic on communities at large, her department is considering to (a) implement measures to assist municipal ratepayers and/or recommending any prescripts for municipalities to this effect, (b) review the salary structures of some municipalities with excessively large salary expenditure, (c) abolish superfluous posts and (d) institute retrenchment processes where necessary; 2. whether she will make a statement on the matter?
Reply:
-
- (a) To assist the municipal pandemic response, R11 billion has been added to the local government equitable share. These funds will allow municipalities to maintain existing services despite a temporary decline in revenue collections. They will also cover some additional expenses incurred in responding to the pandemic, including providing temporary shelter for homeless people during the lockdown.
These additions have been factored into the basic services component by increasing the number of poor households by 13.9 per cent and increasing the community services component by 41.5 per cent. The increase in the basic services component amounts to R7.5 billion. As a result, an additional 1.4 million poor households can be provided with free basic services, up from 10.4 million households in the 2020 Budget, if they become indigent as a result of a loss of income during the pandemic. The community services component of the equitable share increases by R3.5 billion. The revenue adjustment factor that is applied to this component of the equitable share formula ensures that this increase will benefit poor and rural municipalities with little capacity to raise own revenue. The total allocation for the community services component increased by 32 per cent. This component funds a range of services that are part of the pandemic response, including municipal health services, and services to cemeteries and crematories. Details about the structure of the components of the local government equitable share formula can be found in Annexure W1 of the 2020 Budget Review.
- The department does not have information of municipalities with excessive large salary expenditure.
- The department currently does not have information of municipalities with superfluous posts.
- Retrenchments are determined by employer.
- No.
End.
08 September 2020 - NW1844
Mashabela, Ms N to ask the Minister of Basic Education to ask the Minister of Basic Education
Whether her department has employed the services of psychologists to assist teachers and learners who are facing anxieties as a result of being forced back to school, despite fears of the coronavirus; if not, why not; if so, what are the relevant
Reply:
The DBE has partnered with the National Education Collaboration Trust (NECT) and UNICEF to mobilise psychosocial support for learners and educators. In this regard, UNICEF has contracted Childline to provide services to children through their call centre.
Provincial Education Departments have historically employed psychologists and social workers to support learners and educators. However, there are severe shortages.
Due to the expected impact of COVID-19 on the mental health of learners and educators, and the limited psychosocial support capacity within the sector, the DBE and PEDs collaborated with the Department of Health (DOH) and the Department of Social Development (DSD) as well as other psychosocial support NGOs and organisations. The DSD has availed social work interns in some Provinces. in addition, Provincial Departments have also increased the number of Learner Support Agents in schools.
07 September 2020 - NW1908
Hunsinger, Mr CH to ask the Minister of Transport
(1)What mechanisms has his department put in place to curb any future disruptions in the road freight sector due to protests arising from unhappiness related to the employment of foreign nationals as truck drivers, as has been seen recently on or about 7 July 2020; (2) what number of (a) South African nationals and (b) foreign nationals are currently employed in the road freight industry in each province?NW2423E
Reply:
1. At national level, the Department of Transport led by the Department of Employment and Labouris a participant in a National Task Team (NTT) and Inter-Ministerial Task Team which have been constituted at address issues related to employment of foreign nationals, legislative and policy review.The NTT has recently been incorporated within the operational structures of the National Joint Operations Centre (NATJOC).In addition to the Department of Employment and Labour, the Department of Transport, the NTT is further made up of the Department of Home Affairs, the Bargaining Council and the SAPS. A comprehensive action plan with time frames and deliverables have been compiled and is currently been monitored at the NATJOC level. At a Provincial level, the Provincial Task Team was constituted to address operational issues within the KZN Province and is led by the office of the Premier of the KZN Province.
2. The information has been sourced from the National Bargaining Council and is listed in Table 1 and 2 below. It must be stated that the numbers below pertains only to those companies which are registered with Bargaining Council and fall within its scope
(a) South African nationals per Province
|
Province |
Number of SA nationals |
|
Gauteng |
65952 |
|
Kwa Zulu Natal |
16098 |
|
Western Cape |
18768 |
|
Northern Cape |
1269 |
|
Eastern Cape |
5959 |
|
Northwest |
2614 |
|
Mpumalanga |
7910 |
|
Limpopo |
1209 |
|
Free State |
3654 |
|
Total |
123433 |
b) Foreign Nationals Per Province
|
Province |
Number of foreign nationals |
|
Gauteng |
4512 |
|
Kwa -Zulu Natal |
1759 |
|
Western Cape |
1089 |
|
Northern Cape |
104 |
|
Eastern Cape |
164 |
|
Northwest |
317 |
|
Mpumalanga |
845 |
|
Limpopo |
108 |
|
Free State |
485 |
|
Total |
9383 |
07 September 2020 - NW2222
Waters, Mr M to ask the Minister of International Relations and Cooperation
Whether, the reference to the Foreign Service Act, Act 26 of 2019, in terms of which her department is compelled to render consular services in line with the Guidelines for the Provisions of Consular services, civic and immigration services are fully operational at all the South African missions; if not, (a) which missions do not currently have full operational services and (b) what are the reasons for not providing full operational services in each case?
Reply:
Yes, the Department of International Relations and Cooperation and the Missions abroad have been rendering consular services and civic and immigration services to South African citizens abroad utilising the Consular Services Guidelines of the South African Government. While the Foreign Service Act (FSA), Act 26 of 2019, recognises, acknowledges and reinforces the consular services and civic and immigration services that the Deparment has been rendering to South African citizens abroad, however, the Act is not yet in force.
a) All South African Missions have full services at all times.
b) None.
07 September 2020 - NW1282
Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development
What (a) total number of (i) judgments and (ii) court orders were made against (aa) her and (bb) her predecessors (aaa) in each of the past three financial years and (bbb) since 1 April 2020, (b) total number of the specified judgments and court orders (i) have been implemented and (ii) await implementation by her department and (c) are the details of each judgment and court order?
Reply:
(a)(i),(ii),(aa),(bb), (aaa): 2017-2018
- Minister AT Didiza (MP): 0
- Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 30
(aaa): 2018-2019
- Minister AT Didiza (MP): 0
- Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 17
(aaa): 2019-2020
- Minister AT Didiza (MP): 11
- Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 0
(bbb): Since 1 April 2020
- Minister AT Didiza (MP): 1
- Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 0
b) Total number of the specified judgments and court orders59:
- Implemented: 39
- Await implementation: 20
(c) Please refer to Annexure A.
ANNEXURE A OF NA-QUES 1282 OF 2020
|
MINISTEROF RURAL DEVELOPMENT AND LAND REFORM:2017/2018 |
||||
|
No |
Case details |
(i) (aa)Status of implementation |
(ii)(aa)Nature of court order |
(ii)(bb)Nature of judgement |
|
1 |
Zuiping-Dithabaneng Community Traditional Council // Minister of DRDLR,Title Adjustment Commissioner & Others |
The designation of land and appointment of a Commissioner in terms of Act 111 of 1993 has been done and he is conducting a land rights enquiry in accordance with the Act. |
The applicant required the appointment of the Commissioner in terms of Act 111 of 1993 |
On 26 February 2018, the Land Claims Court ordered that the Minister (3rd Respondent) is directed to appoint a Title Adjustment Commissioner in terms of section 3 of the Land Titles Adjustment Act 111 of 1993. |
|
2 |
M. M. Rahube // Minister of Drdlr, H. Rahube & Others |
The Upgrading of Land Tenure Amendment Bill was introduced to Parliament on 6 May 2020. Parliament has until 30 April 2021 to enact the amendments. |
On 30 October 2018 he Constitutional Court ordered Parliament to introduce a procedure for the determination of the rights of ownership and occupation of land to cure the constitutional invalidity of section 2 (1) of the Upgrading of Land Tenure Rights Act 112 of 1991. Parliament was given until 30 April 2020. Subsequent to the 2018 order, the Minister of Agriculture, Land Reform and Rural Development applied for and was granted an extension of the suspension of the Constitutional Court’s declaration of invalidity for a further twelve months until 30 April 2021. |
The Court ordered the amendment of Upgrading of Land Tenure Rights Act 112 of 1991. |
|
3 |
Felicity Audrey Stirling // Minister of Drdlr, The Registrar of Deeds: Pretoria |
Orders complied with. Full amount paid by the Branch Deeds Registration, of which an attempt will be made to recover 50% from the third respondent. State Attorney requested to initiate recovery proceedings against third Respondent. |
The Applicant was fraudulently deprived of her fixed property and brought an application for the cancellation of the fraudulent transfers, which was duly granted. |
The Registrar of Deeds was found to be negligent in its transfer of the property and was ordered, jointly and severally with the third Respondent to pay the First Respondent R3 830 397.58 together with interest in lieu of damages and legal costs. |
|
4 |
The Forum of Concerned Residents of the Naledi & Dr Ruth S Mompati Districts // The Minister of Rural Development and Land Reform. |
Subsequent to the settlement agreement reached by the parties, the Branch Deeds Registration embarked on a project to develop the Electronic Deeds Registration System, during which public consultation was undertaken. Once the EDRS is ready to be implemented, the status quo in the Vryburg deeds registry can change. Simultaneously, the Branch Deeds Registration intends opposing Part B of the application (to review and set aside the Minister’s decision to transfer the land parcels from Vryburg to Kimberley, to reduce the jurisdiction of the Vryburg deeds registry and to establish a deeds registry in Mahikeng). Part B still pending. |
As part of the alignment of the jurisdiction of deeds registries in South Africa, the Minister intended to transfer land parcels from the Vryburg deeds registry to the Kimberley deeds registry, as they are situated in the Northern Cape Province. The Applicants brought an urgent application on interdicting the Minister from transferring the property (Part A) and that Minister’s decision to transfer the afore-mentioned properties be reviewed and set aside. The orders in respect of 1 and 2 above will remain in force pending the outcome of Part B of the Notice of Motion under the above case number. The costs relating to Part A of the Notice of Motion are reserved for adjudication when Part B of the Notice of Motion is heard. |
The parties agreed on the following settlement order: That the status quo of the Vryburg deeds registry is to remain unchanged until such time as the electronic deeds registration system is ready to be implemented. That sufficient public participation processes will precede the envisaged implementation of the electronic deeds registration system. |
|
5 |
G Herbert No and 4 others vMinister of Rural Development and Land Reform and others |
A wholistic amendment of the Upgrading of Land Tenure Rights 112 of 1991 will be undertaken in due course. |
Legislation declared inconsistent with the Constitution of the Republic of South Africa: - Legislation: Land Affairs General Amendment Act 61 of 1998 read with s25 A of the Upgrading of Land Tenure Rights 112 of 1991 |
The Court ordered that section 25A is unconstitutional in so far as it does not extend the application of section 3 of the Act to the entire Republic. The court ordered that section 25A from 22 August 2019 must be read as if it makes no reference to section 3 of the Act. |
|
6 |
Hlalefo S Moshoeshoe v Minister of Rural Development and Land Reform and others |
Conveyancers have been instructed and are currently busy with the transfer of the property |
Transfer of property, as described, into the name of the Applicant and is responsible for all the fees and transfer costs and duties as may be applicable. |
The court ordered the transfer of the property to the Applicant. |
|
7 |
Patrick s Mpaka v KSD Municipality &Minister of Police &Minister of DRDLR |
Not applicable |
The Municipality sought to use a court order which was obtained in 2011 to effect evictions to illegal occupations which happened in 2017. The 2017 illegal occupants applied for an interdict in that the 2011 order did not apply to them. |
Interdict was granted. |
|
8 |
Alfred Shongwe / The Minister of Rural Development and Land Reform & Others |
The Applicant has been relocated to portion 3 of the farm Vaalpoort, temporary houses were constructed for the family. The Department is in the process of transferring the subdivided portion of the farm to the Shongwe family |
Mr Shongwe approached the Court for a declaratory order as a Labour Tenant and for the Department to provide him with a suitable accommodation. |
Mr Shongwe was declared a Labour tenant and the Department was ordered to assist him in looking for, identifying and acquiring suitable land for him. |
|
9 |
Mzayifane Hadebe & Others /Minister of RDLR & Others |
The gravel road leading to the Hadebe settlement has been completed. Nine houses were about to be completed as the country went into lockdown. The fencing of the 250 hectares of land awarded to the Hadebes, preparation of arable and the transfer of land to them is ongoing. |
Mr Hadebe approached the Court for an order to compel the Department to build his family a house, construct the road leading to his homestead and also for the Department to register a Communal Property Association for the benefit of his family. |
The Court granted the prayers as requested by Mr Hadebe.. |
|
10 |
Asla Construction (Pty) Ltd Vs the Minister Of Rural Development And Land Reform & Exeo Khokela Civil Engineering Construction (Pty) Ltd. |
The court order was implemented as directed and the tender was awarded to ASLA (Pty) Ltd. |
This was an application for the review of the award of a tender in terms of the Promotion of Administrative Justice Act 3 of 2000 (PAJA) |
The decision of the Department taken on or about 13/02/2018 to disqualify ASLA Pty. Ltd. and award the tender to EXEO KHOKELA (Pty) Ltd was reviewed and set aside. The Department was directed to award the tender to ASLA (Pty) Ltd within 30 days of the date of the order. |
|
11 |
Minister of Rural Development and Land Reform v Public Servants Association obo JA George & others |
Implemented. |
Employees referred a dispute regarding their placement in terms of the Occupation Specific Dispensation to arbitration. Award was in their favour. Department took award on review. Department’s review application was dismissed, and arbitration award was implemented |
Department’s review application was dismissed, with costs. |
|
MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES:2017/2018 |
||||
|
12 |
ALCARI 406 CC vs The Minister and others |
Implemented |
This was an application to compel the Minister to finalise the Appeal on a subdivision of land matter. |
The Court ordered the Minister to finalize the Appeal. |
|
13 |
Zonnebloem Coal vs The Minister |
Implemented |
This was an application to compel the Minister to finalise the Appeal on a subdivision of land matter. |
The Court ordered the Minister to finalize the Appeal. |
|
14 |
Meister Cold Store (Pty) Ltd // The Minister |
Implemented |
This was an application to compel the Minister to take a decision on an application for certification of a cold storage. |
Court ordered the Minister to take a decision on the Applicant’s application for certification of its cold storage. |
|
15 |
B & B Properties (Pty) Ltd & others vs the Minister, Dr Mcdonald Gayakaya |
Implemented |
This was an application to review and set aside the decision of the Director: Animal Health to test the Buffalos. |
The decision of the Director was reviewed and set aside. |
|
16 |
Oluf Hendrik Erichsen N.O vs The Minister |
Implemented |
This was an application to compel the Minister to take a decision on application for export certification. |
The Minister finalised the matter by granting the certificate. |
|
17 |
Eurosemillas S.A vs The Minister |
Implemented |
This was an application to compel the Minister to instruct the Department to appoint a service provider who had been successful in the quote process. |
The Applicant succeeded, and the Minister was ordered to instruct the department accordingly. |
|
18 |
Viking vs Minister of Agriculture, Forestry and Fisheries |
Implemented |
Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector |
The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside |
|
19 |
Hackey vs Minister of Agriculture, Forestry and Fisheries |
Implemented |
Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector |
The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside |
|
20 |
Boloko vs Minister of Agriculture, Forestry and Fisheries |
Implemented |
Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector |
The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside |
|
21 |
Lofty Du Bruyn N.O vs The Minister |
Implemented |
This was an application to compel the Minister to register a right of way over the farm. |
The application was granted, and the Minister approved the registration of the servitude. |
|
22 |
Nanaga Property vs The Minister |
Implemented |
This was an application to review and set aside the decision of delegated authority to remove 10 Milkwood trees. |
The decision of the Minister was reviewed and set aside. |
|
23 |
Xhalibile Kleinbooi Phindiso vs The Minister and others |
Implemented |
This was an application to compel the Minister to sell specified land to the Applicant and others. |
The Court ordered the Minister to sell the land to the Applicant. |
|
24 |
South African Veterinary Association vs Minister of Agriculture, the Speaker of the National Assembly and others |
Implemented |
This was an application to declare the amendment of the Medicine and related substances control act, 1995 (Act No.101 of 1995) unconstitutional. |
The Amendment was declared unconstitutional. |
|
25 |
Federated Meats (Pty) Ltd vs The Minister |
Implemented |
This was an application of semi-urgency requesting an order to declare that the Applicant is entitled to use any approved laboratory to meet the statutory and the regulatory obligation for the testing of imported meat. |
The Court ordered that the Applicant can use any approved Laboratory. |
|
26 |
Sofiline (Pty) Ltd vs The Minister. |
Implemented |
This was an application to review and set aside the decision of the Minister not to grant approval for the subdivision of agricultural land. |
The Court ordered the Minister to grant the application for subdivision of land. |
|
27 |
HL Hall & Sons Properties vs The Minister. |
Implemented |
This was an application to review and set aside the decision of the Minister. |
The decision referred was back to the Minister for reconsideration. |
|
28 |
TD Mashinini vs The Minister and others. |
Implemented |
The Applicant made an application to Court for an order to compel the Minister to transfer specified property to him. |
The parties’ agreement for the transfer of the farm to the Applicant was made the order of the Court. |
|
29 |
Maxrae Estates vs The Minister |
Implemented |
This was an application to compel the Minister to take a decision on the Appeal lodged for the subdivision of agricultural land. |
The Court ordered the Minister to take a decision within sixty days (60). |
|
30 |
Petrus Laubscher Coetzee & Others vs the Minister & Others |
Implemented |
This was an application to compel the Minister to transfer three portions of agricultural land into the names of the Applicants. |
The Court ordered the Minister to transfer the three portions of land to the Applicants. |
|
MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: 2018/2019 |
||||
|
No |
Case details |
(i) (aa)Status of implementation |
(ii)(aa)Nature of court order |
(ii)(bb)Nature of judgement |
|
31 |
Bakgatla Ba Kgafela Communal Property Association // Minister of Drdlr |
The implementation of the court order has been finalized. |
The applicants were seeking an order that the DG assist them with the holding of the general meeting and the election of the new executive committee of the CPA. |
The court ordered that the DG should take all necessary steps to assist the CPA to hold the Annual General Meeting and monitor the election of the new executive committee. The CPA appealed the judgment at the constitutional court. The constitutional court dismissed the appeal. |
|
32 |
B Mwelase vs DG and Minister |
The Special Master was appointed on 10 December 2019. On 29 May 2020, the Special Master submitted an implementation plan to the Land Claims Court and such a Plan is still being considered by the Land Claims Court. |
The Mwelase matter comprised of two applications. The first application sought an order to compel the Director General to refer to the Land Claims Court 4 labour tenant applications; and the second application was a class action seeking an order to compel the Department to process labour tenant applications under the supervision of a Special Master. The 4 labour tenant applications were referred to the Land Claims Court by the Director General in November 2013. |
On the 8th December 2016, the Land Claims Court granted an order against the Department, a special master was appointed by the court to oversee compliance with Labour tenants Act by the Department. The Department lodged an application for leave to appeal with the Land Claims Court and such was granted on the 1st March 2017. The appeal was heard by the SCA on 13 March 2018 and the appeal was decided in favour of the Department on 17 August 2018. AFRA appealed to the Constitutional Court and on 20 August 2019, the court issued a judgment which re-instated the initial order of the Land Claims Court dated 8th December 2016. |
|
33 |
Nieuco properties 1005 (Pty) Ltd// Minister of Drdlr |
Nieuco Properties must still refer the case to the North Gauteng High Court for the determination of the quantum. |
Veld fire claim instituted against the Department in terms of the National Veld and Forest Fire Act, Act 101 of 1998 where a private farm was damaged by veld fires that started on a state-owned farm. |
The case was initially decided in favour of the Department by the North Gauteng High Court however, Nieuco Properties lodged an appeal which was heard by the SCA on 31 August 2018 and judgment delivered in favour of Nieuco Properties on 21 September 2018. |
|
34 |
JM Tshabalala vs Minister & others |
The property was transferred into the name of the beneficiary on 20 March 2020. |
The applicants were seeking an order that the Minister and DG should acquire land on behalf of labour tenants and a just and equitable compensation to be paid to the landowner. |
The Land surveyor appointed by the Department was to conduct an inspection in loco to ascertain the correctness of the fencing around the portion to be acquired; the conveyancers appointed were to proceed with the transfer of the portion upon receipt of guarantees from the Department. |
|
35 |
Pretoria Attorneys Association & 12 others // The Minister of Rural Development and Land Reform & 4 others |
The Branch duly complied with the settlement agreement. Minister subsequently halted / terminated this process, following a legal opinion to the effect that the process followed may have been flawed. Minister instructed that the re-alignment process be re-initiated, in accordance with all applicable legal strictures (including the provisions of PAJA). |
The Minister, through a Public Notice expressed his intention to align the jurisdiction of the Deeds registries in the Gauteng province (Johannesburg and Pretoria) according to metropolitan municipal boundaries. The Applicants objected thereto, stating that the Minister failed to conduct a public consultation process as enjoined by PAJA and prayed that the Minister be interdicted from implementing the decision to align the areas of jurisdiction of the afore-mentioned deeds registries. |
The parties agreed that the Minister will not proceed with the alignment initiative in the Gauteng province until the Minister takes the decision to align the deeds registries in Gauteng in accordance with the prescripts of PAJA. |
|
36 |
Neels van Tonder Trust vs Minister of Drdlr, Mogabule (LCC04/2018) |
Not applicable. It was found that Mr Magabole already had alternative accommodation. |
The applicant Mr. Van Tonder applied for eviction order against Mr. Magabole and his family. |
Eviction Order was made on 28/05/2018. The Department was ordered to provide alternative accommodation to Mr. Mogabodi in terms of section 4 of the Extension of Security of Tenure Act (ESTA). |
|
37 |
Roodepoort Grondeienaarsvereeniging vs Minister of Drdlr, Roodepoort 63 Community (642/17 and 643/17) |
The Department is in the process of complying with the court order in consultation with the City of Tshwane. |
The applicant Rooderpoort Grondeinaarsvereening applied for an order to compel the City of Tshwane to evict the occupiers who has established a squatter camp in the City property which is adjacent to the applicant’s properties. The High Court Granted the Order but the respondents took the matter on appeal and the decision of the High Court was overturned. On appeal Decision, the Supreme Court ordered the Minister to prepare and file a report with the High Court on the Department`s ability to provide the alternative accommodation as provided for in terms of section 4 of the Extension of Security of Tenure Act (ESTA). |
The Department was ordered to submit a report to the High Court on its ability to provide alternative accommodation as per its mandate in terms of section 4 of the Extension of Security of Tenure Act (ESTA). |
|
38 |
Hlaniki Trust vs Minister of Drdlr, Daniel Sibanyoni (LCC59/2018) |
The Department complied with the court order. |
Hlaniki Trust applied for an eviction order against Mr. Sibanyoni who is an occupier. During the Preceding the Land Claims Court issued a directive order, ordering the Minister to submit a report on the Department’s ability to provide alternative accommodation in case of eviction. |
Department was ordered to submit a report on ability to provide alternative accommodation in terms of section 4 of the Extension of Security of Tenure Act (ESTA). |
|
39 |
Hupp Properties vs Moneni (308/2017)// Minister of Drdlr & others |
The matter was heard, and eviction granted. Mr Moneni moved into his RDP house. |
Hupp Properties applied for the eviction of the occupier Mr. Moneni and his family. |
The eviction order was granted against Mr Moneni and his family and the Minister was ordered to provide alternative accommodation for Mr. Moneni in terms of section 4 of the Extension of Security of Tenure Act (ESTA). |
|
40 |
Land and Agricultural Bank V Cpad Holdings Pty Ltd, Alfred Mde, Minister of Drdlr and 4 Others |
The Department has appointed a valuer to determine the value of the property so that it can satisfy the debt to Land Bank whilst retaining the property for purposes of Land Reform. |
The Land Bank approached the court to vary a Forfeiture Order, which sought to transfer the property to the Department. This order was to include the protection of their interests as bondholders. |
The court granted the inclusion of the protection of the interests of the bondholders in the Forfeiture Order. |
|
41 |
Anjucel & Another v Minister of Drdlr, Shadrack Bhekanini Ntshingila NO & others (Case no LCC 25/2019) |
The Province is implementing the order. Approval for the acquisition of land in favour of the affected labour tenants is underway. A deed of sale has been signed and registration and transfer is due to occur soon. The order is being observed in its entirety. |
Draft order made an order of court. |
Sharack Bhekanini (2nd resp) awarded a piece of farm Bloemhoek and registered in deeds office; |
|
42 |
Makgari CPA vs Minister of Drdlr, case number 5158/2018 |
Implementation is in progress |
Matter received on 31 August 2018. Applicant, Makgari approached court, for the court to give a mandatory order directing the Department and Minister to register the applicant's CPA within 45 court days of the granting of the order. |
The Minister was ordered to register the CPA within 45 days of granting the court order. Further to effect a Title Deed rectification to reflect the CPA as the owner of the farm registered as “The Farm Louissenthal 366, Registration Division Mr, Limpopo Province, 2346, 5022 Hectares” within 14 days of the registration of the constitution of Makgari Communal Property Association |
|
43 |
M D Rakgase vs Minister of DRDLR case number 33497/2018 |
The land was sold to Mr Rakgase and transfer is under way. |
Matter received on 13 June 2018. Mr Rakgase applied to the High Court to review the Minister's decision of refusing to sell to him Portions 0 (remaining extent and 1 of the Farm Nooitgedacht 11 JQ |
The Minister was ordered to sell and transfer the farm to Mr Rakgase. |
|
44 |
JC Prinsloo / The Minister of DRDLR & Others LCC 177/16 |
The farm was acquired and is currently registered in the name of the State. |
State ordered to acquire portion 27 of the farm Welgekozen |
Default judgment was obtained against the Minister |
|
MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: 2018/2019 |
||||
|
45 |
Willjaro vs Minister of Agriculture, Forestry and Fisheries |
Implemented |
Review and setting aside of an agreement entered into. To process confiscated abalone on behalf of DAFF |
The agreement between The Minister and Willjaro was reviewed and set aside |
|
46 |
Visko vs Minister of Agriculture, Forestry and Fisheries |
Implemented |
Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl sector |
The decision of the Minister to allocate rights in the Hake Inshore Trawl sector was reviewed and set aside. |
|
47 |
WWF vs Minister of Agriculture, Forestry and Fisheries |
Implemented |
Review and setting aside of the decision of the Delegated Authority in terms of Section 14 of the MLRA to increase the allowable Total Allowable Catch (TAC) in the West Coast Rock Lobster sector |
The decision of the delegated authority in terms of section 14 of the MLRA to increase the allowable Total Allowance Catch in the West Coast Rock Lobster sector was reviewed and set aside. |
|
MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT: 2019/2020 |
||||
|
No. |
(b) Case details |
(i),(ii)Status of implementation |
|
|
|
48 |
Ga-Segonyana Local Municipality vs Minister of DRDLR |
Payment made by the Department |
A claim for outstanding property rates and taxes in the amount of R4 073 621.00. |
A default judgment obtained against the Department. |
|
49 |
Excellent Meat International Trading vs The Minister and Others |
Implemented |
This was an application to review and set aside the decision of the Minister not to accept the Applicant’s consignment as being compliant with the permit condition contained in the permit. |
The court reviewed and set aside the Minister’s decision. |
|
50 |
Red Meat Industry Forum vs The Minister and Others |
Implemented |
This was an application to review and set aside the Minister’s decision to impose new tariffs, rates and scale for services, goods and supplies provided by the Department. The Department did not notify the industry of the new tariffs regarding importing and exporting of meat. |
The Court reviewed and set aside the Minister’s decision. |
|
51 |
PVM Nutritional Sciences vs The Minister. |
Implemented |
This was an application to compel the Minister to issue an export permit for goods sent to the United States of America and kept at the port of entry due to the fact that the Applicant did not have an export permit. |
The Court ordered that the Applicant need not to register as a dairy export facility and need not comply with the standards of the VPN 20/2010-01. |
|
52 |
PJ van der Walt N.O vs The Minister and Others. |
Awaiting implementation. The Minister is reconsidering the matter. |
This was an application to review and set aside the decision of the Minister to uphold the decision of the Delegate of the Minister not to grant consent to subdivide agricultural land. The Court ordered that the decision of the Minister be reviewed and set aside for reconsideration by the Minister. |
The Court ordered that the decision of the Minister be reviewed and set aside for reconsideration by the Minister. |
|
53 |
Barnabus Xulu Incorporated Attorneys (BXI) vs The Minister and the Director General |
On Appeal |
BXI attached the bank accounts of the Department on the basis that the Departmentallegedly entered into a settlement agreement with BXI for the payment of monies due for services rendered.The settlement agreement entered into. and |
The invoices raised against the Department were successfully challenged and judgment was granted in favour of the Minister / Department. However, BXI is appealing the judgment. |
|
54 |
Baron vs Minister of Agriculture, Forestry and Fisheries |
Implemented |
Unfair dismissal as contemplated in terms of section 186(1)(b)(i) of the LRA. The Labour Appeal Court dismissed the Department’s appeal and upheld the Labour |
Court’s order for the reinstatement of Mr. Barron into the three-year contract post as Programmer Manager for the Working for Fisheries Programme. |
|
55 |
Scott Russel vs Minister of Agriculture, Forestry and Fisheries |
Matter is subject to application for leave to appeal. |
Review and setting aside of the decision of the Minister to allocate rights in the West Coast Rock Lobster sector. An application for leave to appeal was granted |
An application for leave to appeal was granted |
|
56 |
Seavuna vs Minister of Agriculture, Forestry and Fisheries |
In the process of being implemented |
Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector. |
Minister is in the process of appointing an Appeals Advisory Team |
|
57 |
Cyril Burrel vs Minister of Agriculture, Forestry and Fisheries |
In the process of being implemented |
Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector. |
Minister is in the process of appointing an Appeals Advisory Team |
|
58 |
Interfish vs Minister of Agriculture, Forestry and Fisheries |
In the process of being implemented |
Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector. |
Minister is in the process of appointing an Appeals Advisory Team |
|
MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT: SINCE APRIL 2020 |
||||
|
(b) Case details |
(i),(ii) Status of implementation |
(c)Nature of court order |
(c)Nature of judgement |
|
|
59 |
Schmidtsdrift CPA v Minister of DRDLR |
To be implemented as Judgment issued on 12/06/2020 |
The Department ordered to hold the AGM for the purposes of electing a new committee for the CPA. |
The CPA sought an interdict to prohibit the Department from facilitating an AGM. |
07 September 2020 - NW1491
Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development
What is the current status of employment of certain persons (names furnished) in the National Geomatics and Management Services of her department; (2) Whether the two specified employees faced disciplinary hearings; if not, in each case, why not; if so, what are the relevant details in each case; (3) Whether any of the two employees have been (a) suspended and/or (b) placed on a leave of absence; if so, (i) on what date was each employee suspended and/or placed on a leave of absence, (ii) on what grounds was each employee suspended and/or placed on a leave of absence and (iii) for what period was each employee suspended and/or placed on a leave of absence; (4) whether each employee is still receiving remuneration; if not, why not, in each case; if so, what are the relevant details in each case; (5) whether the two employees are still employed by her department and/or any entity reporting to her; if so, in each case, (a) in which department and/or entity is each person employed and (b) what job title does each person hold?
Reply:
1. The two officials are currently employed in the Department.
2. Yes. The two specified employees are currently facing disciplinary action:
- Chief Surveyor-General: The allegations relate to irregularities in the handling of Project Vulindlela. The matter was referred to the General Public Service Sector Bargaining Council (GPSSBC) for inquiry by the arbitrator and was set-down more than three times but did not proceed. The Department is awaiting the set-down date from the GPSSBC for the matter to proceed.
- Chief Director Cadastral Spatial Information: The allegations relate to irregularities in the handling of Project Vulindlela. The matter was referred to the GPSSBC for inquiry by the arbitrator. The Department is awaiting the set-down date from the GPSSBC for the matter to proceed.
(3)(a),(b),(i),(ii) Please refer to the table below.
|
Name |
a) Suspended (Yes/No) |
b) Leave of Absence (Yes/No) |
(a)(i) Date of suspension |
(a)(ii) Reasons for the suspension (type of misconduct) |
(a)(iii) Duration of suspension |
|
Chief Surveyor-General |
Yes |
No |
11 May 2017 |
Possible interference (irregularities in the handling of project) |
38 months (Commenced 11 May 2017 and still on suspension) |
|
Chief Director Cadastral Spatial Information |
Yes |
No |
10 May 2017 |
Possible interference (irregularities in the handling of project) |
38 months (Commenced 10 May 2017 and uplifted on 4 November 2019) |
4. Yes. Please refer to the table below.
|
Name |
Suspension with pay (Yes/No) |
Cost of suspension |
|
Chief Surveyor-General |
Yes |
R2 693 663.7 |
|
Chief Director Cadastral Spatial Information |
Yes |
R1 217 265.70 |
5. Yes.
a) The two employees are still employed by the Department in the Branch: National Geomatics and Management Services.
b) The employees hold the posts of Chief Surveyor-General and of Chief Director: Cadastral Spatial Information respectively.
07 September 2020 - NW1353
De Freitas, Mr MS to ask the Minister of Tourism
Whether the implementation of the Tourism Equity Fund, to which the President of the Republic of South Africa, Mr M C Ramaphosa, referred to in the State of the Nation Address on 13 February 2020, will be unfrozen post Covid-19; if not, what (a) other support mechanisms does her department have to help the sector get back on its feet and (b) are the (i) time frames, (ii) timelines and (iii) deadlines in this regard?
Reply:
The implementation of the TEF was impacted upon by the reprioritisation of government’s budget and has had to be temporarilyput on hold. Given the significance of the Fund in relation to the transformation of the tourism sector, its implementation will continue going forward.
(a) and (b) The implementation of the Tourism Equity Fund is continuing.
07 September 2020 - NW2052
Mphithi, Mr L to ask the Minister in The Presidency for Women, Youth and Persons with Disabilities
Whether any (a) internal and/or (b) external forensic reports pertaining to the National Youth Development Agency have been completed from 1 January 2009 up to the latest specified date for which information is available; if not, in each case, why not; if so, what is the (i) name, (ii) subject matter and (iii) date of conclusion of each of the specified forensic reports?
Reply:
Below is a comprehensive listing of all forensic reports undertaken by the National Youth Development Agency for the periods requested including their name, subject matter and conclusion. There is no current outstanding forensic report.
Consolidated list Internal & External Forensic Reports 01-01-2009 to 28-08-2020
- Financial Year ended 2010 - Investigation by the Public Protector to probe whether the hosting of the World festival of Youth and Students held in December 2010 was within the NYDA’s mandate, if the allocated funds were not misappropriated and whether the relevant supply chain management prescripts were followed. The investigation continued during this financial year. The initial scope of this investigation has been extended during the prior financial year to include queries regarding salary structures and travel and subsistence allowances as well as the execution of the legislative mandate by the NYDA, including objectives, duties and functions. At the time of issuing the audit report, a final report had not been released by the Public Protector.
To date, no final report was issued by the Public Protector.
SCHEDULE OF FORENSIC ASSIGNMENTS CONDCUTED BY EXTERNAL PROVIDER SEP 2013 TO SEP 2015-16
|
NO |
DATE |
SOURCE |
BRIEF DESCRIPTION OF TIP -OFF |
STATUS |
AUDIT COMMITTEE STATUS |
||||
|
1 |
11/10/2013 |
DELOITTES TIP OFF |
EM: ECONOMIC DEVELOPMENT MOONLIGHTING DURING OFFICE HOURS |
REPORT ISSUED |
REPORT TABLED/APPROVED. THE REPORT RECOMMENDED DISCIPLINARY ACTION AGAINST EMPLOYEE – EMPLOYEE RESIGNED NO DISCIPLINARY ACTION TAKEN |
|
SUMMARY SCHEDULE OF ALLEGATIONS OTHER THEN TIP- OFF REPORTS RECEIVED |
|||||||||
|
NO |
DATE |
SOURCE |
BRIEF DESCRIPTION OF TIP -OFF |
STATUS |
DECISION /SANCTION APPLIED |
||||
|
1 |
26/12/2012 |
NEWSPAPER ARTICLE |
MISUSE OF NYDA FUNDS FOR YOUTH DAY CELEBRATIONS HELD IN JUNE 2012 |
REPORT ISSUED |
REPORT CONCLUDED THAT NOT ALL ALLEGATIONS ARE SUBSTANTIATED – RECOMMENDED THAT IMPROVEMENT IN INTERNAL CONTROLS AROUND S&T - IMPLEMENTED BY MANAGEMENT |
||||
|
2 |
22/07/2013 |
EAST LONDON BRANCH |
FRAUDULENT GROUP LOANS |
REPORT ISSUED |
REPORT CONCLUDED THAT DISPLINARY ACTION IS TAKEN AGAINST OFFENDING EMPLOYEE – ACTION TAKEN AND EMPLOYEE SANCTIONED AS PER APPROVED DISCIPLINARY PROCEDURE –ALSO IMPROVEMENT IN THE MONITORING OF THE LOANS – CONTROLS INSTITUTED IN THIS REGARD – LEGAL ACTION TAKEN AGAINST TWO PERSONS WHO RECEIVED FRAUDULENT LOANS |
||||
|
3 |
03/10/2013 |
GAUTENG - JHB BRANCH |
BRIBERY VOUCHER PROGRAMME |
REPORT ISSUED |
REPORT - BRIBERY NOT PROVEN – IMPROVEMENT IN INTERNAL CONTROLS – ACTIONED BY MANAGEMENT |
||||
|
4 |
17/10/2013 |
FINANCE DEPARTMENT |
FRAUDULENT PAYMENTS: CREDITORS |
REPORT ISSUED |
REPORT TABLED/APPROVED. REPORT RECOMMENDED CRIMINAL CHARGES – EMPLOYEE DISMISSED CHARGED AND FOIND GUILTY – RECEIVED JAIL SENTENCE – ALL NYDA LOSSES RECOVERED BY NYDA FROM INSURANCE. |
||||
|
6 |
20/08/2014 |
CEO'S OFFICE |
THUSANO FUND: VALUE FOR MONEY |
REPORT ISSUED |
REPORT RECOMMENDED THE SERVICE PROVIDER BE BLACKLISTED FROM SCM DATABASE – IMPROVEMENT IN CONTROLS OF SCM PROCESS AND WAS IMPLEMENTED BVY MANAGEMENT. |
||||
|
8 |
10/02/2015 |
CORPORATE SERVICES |
BRANCH LOCK-OUTS |
REPORT ISSUED |
REPORT - RENT NOT PAID ON TIME – RESPONSIBLE EMPLOYEES SANCIONED IN TERMS OF APPROVED DISCIPLINARY PROCESS. IMPROVEMENT IN CONTRACT MANAGEMENT CONTROLS – IMPLEMENTED BY MANAGEMENT |
||||
|
9 |
12/03/2015 |
CEO'S OFFICE |
PLACEMENT OF UNAUTHORISED DOCUMENTATION AT HEAD OFFICE |
REPORT ISSUED |
REPORT – UNABLE TO DETEMINE WHO HAD PLACED THE DOCUMENTATION AT H/O |
||||
|
10 |
11/06/2015 |
GAUTENG - JHB BRANCH |
BRIBE SOLICITED FROM A CLIENT APPLYING FOR A GRANT AT BRANCH |
REPORT ISSUED |
REPORT – UNABLE TO PROVE THAT A BRIBE WAS SOLICITED BY THE IMPLICATED EMPLOYEE |
||||
|
11 |
26/06/2015 |
ECONOMIC DEVELOPMENT DEPARTMENT |
PROPER SCM PROCESS NOT FOLLOWED IN SOLICITING SERVICE PROVIDERS FOR CATERING SERVICES |
REPORT ISSUED |
REPORT – PROPER PROCESS NOT FOLLOWED – IMPLICATED EMPLOYEES SANCTIONED IN TERMS OF APPROVED DISCIPLINARY PROCESS |
NYDA TIP-OFF DATABASE REPORT 2016-2017
|
No. |
Nature of Allegation |
Amount Involved |
Identity of Perpetrator(s) known |
Investigation Finding(s) |
Decision / Sanction Applied |
|
1. |
Facebook Adverse Allegation |
None |
Yes |
|
|
|
2. |
JHB Branch – Alleged Corruption / Bribery |
None |
Yes |
|
|
|
3. |
Alleged Tender Fraud (Dispute on Declined Voucher Programme Tender) |
None |
Yes |
|
|
|
4. |
Fraudulent transaction conducted with Conferencing Centre |
None |
Yes |
|
|
|
5. |
Alleged Unethical Behaviour for Declined Grant Application of S Maile |
None |
Yes |
|
|
NYDA FRAUD HOTLINE / TIP-OFF DATABASE REGISTER FROM 01/04/2017 TO 31/03/2018
|
No. |
Name & Nature (subject matter) of Allegation |
Date of Allegation |
Amount Involved |
Identity of Perpetrator(s) |
Investigation Finding(s) |
Decision / Sanction Applied |
Conclusion of the Forensic Report or Assessment Report |
|||
|
1. |
Irregularities and suspected corruption pertaining to the SEED (School Entrepreneurship Education Division) Programme being funded by NYDA, at Karabo Business Consortium, Karabo Training College, situated at 43 Ockers Street, 3rd Floor United Building, Krugersdorp.
|
25-May-2017 |
None |
Not yet known |
The Agency have no information regarding this query and service provider. |
No Case |
No Case. |
|||
|
2. |
Suspected Corruption at JHB Branch Voucher Programme Service Provider REF: OBB514092017 |
14 SEPTEMBER 2017 |
Not disclosed |
Yes |
Request for name change from Mendi to Digi Effect. 1.1 The request received for Mendi name change to Digi Effect nullified the existence of the agreement between the Agency and Mendi Consulting Services. The above statement is supported by reviewing the records of the new name company: 1.1.1 The new company, Digi Effect was registered in 2015, it is not a new company which can proof that only the Name Change was effected on the registration documents. 1.1.2 The company registration and Income Tax numbers are different. 1.1.3 Lumka is not part of the directors of Digi Effects. 1.1.4 The directors of Digi Effect are not in the Mendi Consulting company registration document. Therefore, management should urgently liaise with Mendi Consulting in respect of intention to terminate the contract. 1.2 As the Agency is in a process of terminating Mendi Consulting Services contract, we recommend that all the clients that are allocated vouchers via Mendi Consulting Services be reassigned to the next Service Provider(s) to who they are currently contracted to the Agency and approved to deliver that specific type of voucher. The progress of young people businesses is delaying due to such long outstanding issue. 2.3 Furthermore, as the name change dispute continued and non-release of payments by the Agency. The client’s websites and emails were disconnected on 31 March 2017 due to unpaid vouchers by the Agency. Client were requested by Mendi if they would like to arrange a payment plan to keep their website and emails running to kindly contact Nicolus on 078 786 1318 or reply to his email address. |
|
||||
|
3. |
|
|
Not disclosed |
Yes |
We could not find substantive evidence that Mr Steven Curry, accept bribes in return for securing grants for grant applicants. |
The caller seems to be one of the grant applicant that his/her grant was rejected. The Branch issue grant declined letters communication the reasons for such declined to each unsuccessful applicant for rectification of the application. |
No Case |
|||
|
4. |
|
|
None |
Yes – Bulelwa Case and she resigned. |
Case open with SAPS and the lost amount recovered from the Insurance. |
Case open with SAPS and the lost amount recovered from the Insurance |
Case open with SAPS and the lost amount recovered from the Insurance. Same case as below. |
NYDA FRAUD HOTLINE / TIP-OFF DATABASE REGISTER FROM 01/04/2018 TO 31/03/2019
|
No. |
Name & Nature (subject matter) of Allegation |
Date of Allegation |
Amount Involved |
Identity of Perpetrator(s) |
Investigation Finding(s) |
Decision / Sanction Applied |
Conclusion of the Forensic Report or Assessment Report |
||||
|
1. |
Report sent to selected recipient(s) by the Hot-line Service Provider as per contractual agreement. REF: OBD215042018 |
12/04/2018
|
Not applicable |
Not applicable |
No Case |
No Case |
No Case. |
||||
|
2. |
NYDA, situated in Woodmead, Johannesburg. The caller reported irregularities at the aforementioned Branch, with regard to the 2017 projects that were not yet implemented
|
04/05/2018 |
Not disclosed |
Yes – Bulelwa Case and she resigned. |
Case open with SAPS and the lost amount recovered from the Insurance. |
Case open with SAPS and the lost amount recovered from the Insurance |
Case open with SAPS and the lost amount recovered from the Insurance. Same case as below. |
||||
|
3. |
NYDA for a project in Mpumalanga. The caller reported that a company known as Letlotlo, had been awarded funding of R1 million for a project to excavate tunnels in Mpumalanga. The caller stated that the funding had been paid to Letlotlo in December 2017; However, to date the project had not commenced.
|
17/05/2018 |
+ R1 million |
Yes – Bulelwa Case and she resigned. |
Case open with SAPS and the lost amount recovered from the Insurance |
Case open with SAPS and the lost amount recovered from the Insurance |
Case open with SAPS and the lost amount recovered from the Insurance. Same case as above. |
||||
|
4. |
|
|
Not disclosed |
Yes |
Client complained due to dissatisfaction of service delivery. The client was provided with a Grant of R49 900 (R1 900 for working capital & R48 000 for mobile kitchen). He also wanted a branding voucher for his mobile kitchen and there was moratorium on branding to date. They advised him to do the business plan voucher and it was approved. Suddenly, he changes his mind that he doesn’t want the business plan voucher and the Branch wrongly advise him for a mobile kitchen business as he wanted Polish Manufacturing. The Branch mentioned to him that they will only fund the polish business if its SABS approved for safety reasons. |
No fraud – Matter with the CEO and Audit Committee directed the CEO to discuss and convey the message to the client on 05/03/2018.
|
|||||
|
5. |
|
|
None |
Yes |
The Maponya Branch operating hours is 8:00 am to 5pm but the centre operating hours is 8:30 am to 16:30 which needed to abide with. The staff (team) arrive at 7:00 am and the last client leaves at 6pm. Assistance is provided to applicants to complete one client on the system it takes about 20 minutes. When assisting the one who forgot the system password can take 30 to an hour. |
Service delivery issue and was referred to the Call Centre for conclusion and assistance thereof. |
List of reported cases - from 01 April 2019 to 31 March 2020
|
No. |
Complain Description |
Date received |
Reference no. |
Investigation |
Conclusion |
|
|
|
|
|
|
|
|
1 |
Tender fraud - lease building - Secunda |
13-May-19 |
OBE312052019 |
1. The successful bidder does not have a BBE certificate. However, the bidder submitted a letter which states the summary of the entity's contributions that is supported by the South Africa Police Services (SAPS) Affidavit dated 18 January 2018 from Garsfontein Station in Pretoria. |
There is no indication of tender irregularities. The submitted affidavit is acceptable by the laws of the Republic. |
|
2 |
Tweeling District Office Recruitment Irregularities |
21-May-19 |
OBC520052019 & NYDAOBA242072019 |
1. During the time of the complaints, Ms Monaune was having a valid work contract with the Agency as a Frontline Consultant for a period of 5 months ending 30 September 2019. |
|
|
3 |
Irregularities and corruption – Mbombela Grant Programme |
04-Jun-19 |
OBD51062019 & OBD592062019 |
1. Sufficient evidence exists to confirm that the Client (Mr. Sicelo Jeffrey (Patrick) Sibiya) instructed the supplier whom the Agency initially paid to directly refund him the money. He did not collect any goods and services for which they had been paid for. It is established that fraud did take place, the Agency should institute the required sanctions as prescribed by Public Finance Management Act (PFMA) regulation on financial misconduct (i.e. commence civil recovery proceedings and criminal proceedings). |
|
|
4 |
Fraud and Corruption at Empangeni Branch |
Jun 13 & 18, 2019 |
OBA170062019 |
1. Branch Manager respond - In response to this email. I know Mr Mabika he is our client as he came to our branch to do an assessment for a grant application. |
No case - only speculation |
|
5 |
Madludlas Agricultural Enterprise |
11-Jul-19 |
OBA139072019 |
1. There are no records of Madludlas Agricultural Enterprise (Pty) Ltd or & Madludlas Agricultural Enterprise. |
|
|
6 |
Nsfas ProblemQuery from our fraud hot-line regarding a student that applied for funding at our Branch and to date he did not receive feedback. Details are as follow:Name: Baleni SibusisoID: 000 212 567 108 7Bar Code: 152 674 43 |
22-Jul-19 |
OBA19062019 & NYDAOBA254072019 |
Email from Operations Unit - Working with NSFAS during application process , our mandate was to help them with applications only - Then send the applications to NSFAS for reviewing and awarding - NSFAS does not tell us who they have awarded or who they did not- We don’t get in anywhere in awarding of NSFAS students, that’s purely done by NSFAS only- Our role was just to assist with the applications only, and those applications were send to NSFAS- If this applicant has queries he must contact the NSFAS and again- Student applying for NSFAS does not automatically mean that the student will get the funding I have just checked now we don’t anyone by the name of Nyangiwe in the NYDA, and even those graduates that were hired to do NSFAS applications there is no Nyangiwe, maybe this Nyangiwe belongs to NSFAS because we used to have NSFAS people vising our branches as well during the application process. |
Email was forwarded to NSFAS to check their records on 26 July 2019 and they have requested the Client to contact them directly of which he did upon our advice. |
|
7 |
IRREGULARITIES - in Polokwane Branch. The Caller stated that the 5 Co-operatives had complained that they had not received everything as per the quotations they had provided to Ms Maepa and indicated that “the individual who was supposed to cut the bushes had arrived. However, had not cut the bushes and nothing had been done; they had received smaller size uniforms than requested and had only received a part of the fencing as well as only received part of the seedlings”. The Caller further mentioned that the 5 co-operatives had produced their own quotations; however believed that Ms Maepa had submitted entirely different quotations. The caller had been uncertain where the quotations could be obtained. |
21-Aug-19 |
OBB585082019 |
1 Based on the preliminary investigation, there is evidence for a potential collusive relationship between the NYDA Official and the Suppliers. |
1. There is evidence for a potential negligence of work by Ms Maepa towards assisting the clients to get all items from the Suppliers. The Suppliers did not deliver all the quoted items. |
|
8 |
Online Report Received - OR2531092019 - Incentiv8 (Pty) Ltd Enterprise number K2017029322 www.incentiv8.co.za - A possible ponzi scheme is occuring. Incentiv8 is offering students a rate of return of up to 200%. This return is not payable earlier than 6 months. Students pay a monthly premium to the company and then upon graduating from their degree they receive a lump sum that totals more than their initial premiums. This lump sum offers returns from 40% up to 200%. Believed to be a ponzi scheme due to high rate of return and the fact that the company is using non-claiming students’ premiums to pay out lump sums to students that are gradating. This is unsustainable and many people will lose money. |
11-Sep-19 |
OR2531092019 |
In terms of preliminary investigation, the matter is not within NYDA scope of work / duties as the organisation. Refer the matter to high education institutions, i.e. Department of Education and National Student Financial Aid Scheme (NSFAS). |
In terms of preliminary investigation, the matter is not within NYDA scope of work / duties as the organisation. Refer the matter to high education institutions, i.e. Department of Education and National Student Financial Aid Scheme (NSFAS). |
|
9 |
Re: Suspicious Activity at NYDA - INTERNAL REPORT - In February of 2019, I started the process of applying for a grant from the NYDA offices in Pretoria. Since then I have called in to the gentlemen and exchanged texts to which many things have been said. I was even sent through a proof of payment to my phone to let me know my supplier was paid then it was quickly retracted as I was told it was another company that had used the same supplier which had been paid out. I then asked how they knew and to which I received no response. I have also tried to contact other people from the branch who then emailed me the exact same Proof of payment i had received from the gentlemen, to which it was then said again that it was not my payment but that of another client that had been made. |
11-Sep-19 |
OBA113092019 |
This is a customer service delivery complain and that PTA Grant Officials direct Clients to their preferred suppliers. Client are not provided with an opportunity to present their preferred supplier quotations. Client are also directed which to specific items they can buy on those suppliers. |
Case closed. Internal Audit assisted a client that the grant is finally paid to her at the end of October 2019. |
|
10 |
Elias Motsoaledi Local Municipality and NYDA Internship Programme |
11-Nov-19 |
OR2670112019 |
i. There is sufficient evidence that the Apprenticeship Beneficiaries have the required qualification in terms of the advert. |
Case closed, no further action need as per investigation report. |
|
11 |
FRAUD - Solomon Mahlangu Scholarship Fund |
21-Jan-20 |
OBE1302101202 |
In process of Investigation as the case is new. |
There is sufficient proof to substantiate the allegation that Vuyo Wallance colluded with her Sister Ms Nomfundo Mdluli to misrepresent the Agency that his Sister pose as a Landlord. This assertion is supported by the following: |
07 September 2020 - NW1780
De Freitas, Mr MS to ask the Minister of Tourism
With reference to her reply to question 842 on 28 May 2020, what (a) are the names of the senior and middle management departmental officials who serve on the committee and what is each person’s department, directorate and designation, (b) are the roles and responsibilities of the committee and its members, (c) are the instances when applications are rejected and the reasons for rejecting the application in each case, (d) deadline has been set for the completion of adjudications, (e) are the deadlines for completion and submission of the adjudication report to the Accounting Officer and (f) is the date for the conclusion of the work of the committee and the Tourism Relief Fund?
Reply:
a) Department’s officials who served as members of the Committees were appointed from amongst the ranks of Senior Management Services in the following Chief Directorates within the Department:
- Tourism Incentive Programme
- Destination Planning and Investment Coordination
- Strategy and Systems
- Tourism Visitor Services
The Department will consider a request to reveal the names of the officials and any other information that may results in revealing their names, when such a request is made in accordance with the law that govern access to personal information.
b) The members of the Adjudication Committee considered evaluation recommendations and adjudicated applications based on the criteria and requirements set for funding.
c) Applications that did not meet the requirements and qualification criteria set. Some applicants could not benefit from the TRF because the available money was finished after paying 4000 businesses at R50,000 per business amounting to the Fund’s total of R200 million.
d) There was no date set for the completion of the adjudication process. The process was meant to be completed when adjudication responsibilities were concluded.
e) Adjudication outcome is final and report to Accounting Officer is for information. There was no date set for the completion and submission of the adjudication report to the Accounting Officer. Thereport was to be submitted to the Accounting Officer upon the conclusion of the adjudication process.
f) There was no date set for the conclusion of the work of the committees. The work of the committees/structures ended when their responsibilities were discharged.
07 September 2020 - NW1704
De Freitas, Mr MS to ask the Minister of Tourism
With reference to her reply to question 847 on 28 May 2020, what (a) process is being followed, (b) are the timelines and deadlines for each step of the process and (c)(i) is the name of the person(s) responsible for each step of the process and (ii) is each person’s (aa) responsibility and (bb) mandate in each step of the process?
Reply:
a) The process entails verification, evaluation, adjudication or approval of the application and verification of banking details in the department to payment through South African Tourism.
b) There was no deadline set for the steps of the process, however eachstep flows into the next and each day production progresses to the next step the following day.
c) (i) and (ii) (aa) and (bb)
Various departmental functionaries within the department under leadership DDG: Tourism Sector Support Services were responsible for provision of theICT system support, verification of applications for completeness, adjudication/approval of successful applications, and verification of banking details by the CFO’s office. Evaluation was independently conducted through external assist. Payment were processed through South African Tourism.Personnel information regarding individuals in the committee may be accessed through following procedures in relation to access to personal information.
07 September 2020 - NW1781
De Freitas, Mr MS to ask the Minister of Tourism
(a) What total number of meetings has the SA Tourism Board held (i) in each month in each of the past three financial years and (ii) since 1 April 2020, (b) which board members attended meetings in each month respectively, (c) what was the duration of each meeting and (d) what total amount of hours did each member attend each meeting in each specified month?
Reply:
(a) What total number of meetings has the SA Tourism Board held
(i) in each month in each of the past three financial
2017-2018 The SAT Board had in total 5 meetings (Please refer to Page 65 of the 2017-2018 SA Tourism Annual Report for more detail ). Please refer to the following link for electronic copy:https://live.southafrica.net/media/234722/sat-annual-report-final.pdf?downloadId=275971
2018-2019The SAT Board had in total 11 meetings (Please refer to Page 86 of the 2018-2019 SA Tourism Annual Report). Please refer to the following link for electronic copy: https://live.southafrica.net/media/276590/sa-tourism-annual-report-v11_web.pdf
2019-2020
|
Month |
(a) Total number of meetings |
(b) Which board members attended meetings in each month respectively |
(c) Duration of each meeting |
(d) What total amount of hours did each member attend each meeting in each specified month |
|
April Two meetings were scheduled |
10 April 2019 (Special Board meeting with Minister) |
Attendees (seven members): Ms. Pamela Yako, Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Mr. Enver Duminy, Ms. Kate Rivett-Carnac, Ms. Nomzamo Bhengu Apologies (six members) : Dr. Tanya Abrahamse,Ms.Ms. Lindiwe Sangweni-Siddo, Mr. Mohammed Baba, Mr. David Frost, Ms. Dawn Robertson,Dr. Yacoob Abba Omar |
Two hours |
The seven board members present attended the full two hours of the board meeting |
|
23 April 2019 |
Attendees (eight members): Ms. Pamela Yako, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Nomzamo Bhengu, Ms. Ms. Lindiwe Sangweni-Siddo, Mr. Mohammed Baba, Mr. David Frost Apologies (five members) : Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Mr. Enver Duminy, Dr. Yacoob Abba Omar, Ms. Dawn Robertson |
Four hours |
The eight board members present attended the full four hours of the board meeting |
|
|
May Two meetings were scheduled |
3 May 2019 (Indaba) |
Attendees (twelve members): Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Mr. Thebe Ikalafeng,Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms.Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Mohammed Baba, Mr. David Frost, Dr. Yacoob Abba Omar, Ms. Dawn Robertson Apologies (one member) : Mr. Enver Duminy |
Two hours |
The twelve board members present attended the full two hours of the board meeting |
|
30 May 2019 |
Attendees (nine members): Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Mr. Thebe Ikalafeng,Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Michelle Constant, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu Apologies (four members): Dr. Yacoob Abba Omar, Ms. Dawn Robertson, Mr. Mohammed Baba, Mr. David Frost |
Five hours |
The nine board members present attended the full five hours of the board meeting |
|
|
June One meeting scheduled |
26 June 2019 (Special Board meeting with Minister) |
Attendees (ten members) Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Mohammed Baba, Mr. David Frost, Ms. Dawn Robertson Apologies (three members) : Mr. Enver Duminy, Ms. Michelle Constant, Dr. Yacoob Abba Omar |
Three hours |
The ten board members present attended the full three hours of the board meeting |
|
July Two meetings were scheduled |
3 July 2019 (Special Board meeting) |
Attendees (eleven members): Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Thebe Ikalafeng, Mr. Ravi Nadasen, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, , Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Ms. Dawn Robertson, Mr. Enver Duminy, Dr. Yacoob Abba Omar Apologies (one member): Mr. David Frost Resignation (one member) : Mr. Mohammed Baba |
Five hours |
The eleven board members present attended the full five hours of the board meeting |
|
30 July 2019 (Special Board meeting) |
Attendees (nine members) Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Dawn Robertson, Mr. Enver Duminy, Dr. Yacoob Abba Omar Apologies (two members) : Mr. Thebe Ikalafeng, Ms. Nomzamo Bhengu Resignation (one member) : Mr. David Frost |
Three hours |
The nine board members present attended the full three hours of the board meeting |
|
|
August One meeting (two-day lekgotla) was scheduled |
16-17 August 2019 (Board Lekgotla) |
Attendees (twelve members) Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Dr. Yacoob Abba Omar, Mr. Siyabonga Dube, Ms. Zola Tshefu Apologies (one member) : Ms. Dawn Robertson New Appointments (two members): Mr. Siyabonga Dube, Ms. Zola Tshefu |
Two days |
The nine board members present attended the full two days of the board lekgotla |
|
September No meeting held |
||||
|
October Two meetings were scheduled |
4 October 2019 |
Attendees (ten members) Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Ms. Dawn Robertson, Mr. Siyabonga Dube, Ms. Ms. Zola Tshefu Apologies (one member) : Dr. Yacoob Abba Omar Resignations (two members): Ms. Pamela Yako, Dr. Tanya Abrahamse |
Five hours |
The ten board members present attended the full three hours of the board meeting |
|
28 October 2019 |
Attendees (eleven members) Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Ms. Dawn Robertson, Dr. Yacoob Abba Omar, Mr. Siyabonga Dube, Ms. Zola Tshefu Apologies : None |
Five hours |
The eleven board members present attended the full five hours of the board meeting |
|
|
November One meeting was scheduled |
28 November 2019 |
Attendees (nine members) Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Mr. Siyabonga Dube, Ms. Zola Tshefu Apologies (two members) : Dr. Yacoob Abba Omar, Ms. Dawn Robertson |
Five hours |
The nine board members present attended the full five hours of the board meeting |
|
December No meeting held |
||||
|
January One meeting was scheduled |
30 January 2020 |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Mr. Siyabonga Dube, Ms. Zola Tshefu, Ms. Dawn Robertson Apologies (one member) : Dr. Yacoob Abba Omar |
Six hours |
The ten board members present attended the full six hours of the board meeting |
|
February Four meetings were scheduled |
6 February 2020 (Special Board meeting) |
Attendees (seven members): Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Kate Rivett-Carnac, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Mr. Siyabonga Dube, Ms. Dawn Robertson Apologies (four members): Dr. Yacoob Abba Omar, Ms. Michelle Constant, Ms. Lindiwe Sangweni-Siddo, Ms. Zola Tshefu |
Three hours |
The seven board members present attended the full three hours of the board meeting The seven board members present attended the full six hours of the board meeting |
|
18 February 2020 (Board Risk Assessment) |
Attendees (seven members): Mr. Ravi Nadasen, Ms. Kate Rivett-Carnac, Dr. Yacoob Abba OmarMr. Siyabonga Dube, Ms. Michelle Constant, Ms. Lindiwe Sangweni-Siddo, Ms. Zola Tshefu Apologies (four members): Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson Ms. Nomzamo Bhengu |
Six hours |
||
|
27 February 2020 (Special Board meeting with Minister) |
Attendees (four members) Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Ms. Lindiwe Sangweni-Siddo, Apologies (six members): Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson Ms. Nomzamo Bhengu ,Ms. Kate Rivett-Carnac, Dr. Yacoob Abba Omar, Ms. Zola Tshefu |
Two hours |
The four board members present attended the full two hours of the board meeting |
|
|
28 February 2020 (Special Board) |
Attendees (nine members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Nomzamo Bhengu ,Ms. Kate Rivett-Carnac, Ms. Zola Tshefu Apologies (two members) : Dr. Yacoob Abba Omar, Ms. Lindiwe Sangweni-Siddo |
Four hours |
The nine board members present attended the full four hours of the board meeting |
|
|
March Two meetings were scheduled |
27 March 2020 |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Dr. Yacoob Abba Omar, Ms.Lindiwe Sangweni-Siddo, Ms. Zola Tshefu Apologies (one member): Ms. Nomzamo Bhengu |
Three hours |
The ten board members present attended the full three hours of the board meeting |
|
31 March 2020 |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Dr. Yacoob Abba Omar, Ms.Lindiwe Sangweni-Siddo, Ms. Zola Tshefu Apologies (one member): Ms. Nomzamo Bhengu |
One and half hour |
The ten board members present attended the full three hours of the board meeting |
(ii) And since 1 April 20202020-2021
|
Month |
(a) Total number of meetings |
(b) Which board members attended meetings in each month respectively |
(c) Duration of each meeting |
(d) What total amount of hours did each member attend each meeting in each specified month |
|
April Six meetings were scheduled |
15 April 2020 |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Dr. Yacoob Abba Omar,Ms. Lindiwe Sangweni-Siddo, Ms. Zola Tshefu Apologies (one members): Ms. Nomzamo Bhengu |
Twohours |
The ten board members present attended the full two hours of the board meeting |
|
20 April 2020 (Special Board meeting) |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Dr. Yacoob Abba Omar,Ms. Lindiwe Sangweni-Siddo, Ms. Zola Tshefu Apologies (one member): Ms. Nomzamo Bhengu |
Twohours |
The ten board members present attended the full two hours of the board meeting |
|
|
21 April 2020 (Special Board meeting with Minister) |
Attendees (eleven members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Dr. Yacoob Abba Omar, Ms. Lindiwe Sangweni-Siddo, Ms. Zola Tshefu, Ms. Nomzamo Bhengu Apologies : None |
One hour |
The eleven board members present attended the full one hour of the board meeting |
|
|
24 April 2020 (Special Board meeting) |
Attendees (nine members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac, Ms.Lindiwe Sangweni-Siddo, Ms. Zola Tshefu Apologies (two members): Ms. Nomzamo Bhengu, Dr. Yacoob Abba Omar |
Two hours |
The nine board members present attended the full two hours of the board meeting |
|
|
28 April 2020 (Special Board meeting) |
Attendees (seven members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Mr. Thebe Ikalafeng, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo, Ms. Zola Tshefu Apologies (four members): Ms. Nomzamo Bhengu, Ms. Michelle Constant, Dr. Yacoob Abba Omar, Mr. Enver Duminy |
Two hours |
The seven board members present attended the full two hours of the board meeting |
|
|
30 April 2020 |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Mr. Thebe Ikalafeng,Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo, Ms. Michelle Constant, Dr. Yacoob Abba Omar, Mr. Enver Duminy, Ms. Zola Tshefu Apologies (one member): Ms. Nomzamo Bhengu |
Six hours |
The ten board members present attended the full six hours of the board meeting |
|
|
May Five meetings were scheduled |
5 May 2020 |
Attendees (eleven members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Mr. Thebe Ikalafeng,Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo, Mr. Enver Duminy , Ms. Michelle Constant, Ms. Zola Tshefu,Adv. Mojanku Gumbi, Ms. Gloria Serobe Apologies (one member): Ms. Nomzamo Bhengu Resignation: Dr. Yacoob Abba Omar New Appointments: Adv. Mojanku Gumbi and Ms. Gloria Serobe |
Onehour |
The eleven board members present attended the full one hour of the board meeting |
|
7 May 2020 |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Mr. Thebe Ikalafeng, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms. Lindiwe Sangweni-Siddo, Ms. Michelle Constant, Ms. Zola Tshefu,Adv. Mojanku Gumbi, Ms. Gloria Serobe Apologies (two members) : Ms. Nomzamo Bhengu, Mr. Enver Duminy |
One hour |
The ten board members present attended the full one hour of the board meeting |
|
|
14 May 2020 (Special Board meeting with Minister |
Attendees (eleven members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Mr. Thebe Ikalafeng,Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms. Lindiwe Sangweni-Siddo, Ms. Michelle Constant, Mr. Enver Duminy, Adv. Mojanku Gumbi, Ms. Gloria Serobe, Ms. Zola Tshefu Apologies : Ms. Nomzamo Bhengu |
Twohours |
The eleven board members present attended the full two hour of the board meeting |
|
|
18 May 2020 (Special Board meeting) |
Attendees (nine members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms. Lindiwe Sangweni-Siddo, Mr. Enver Duminy, Adv. Mojanku Gumbi, Ms. Gloria Serobe, Ms. Zola Tshefu Apologies (three members): Ms. Nomzamo Bhengu, Mr. Thebe Ikalafeng, Ms. Michelle Constant |
One hour |
The nine board members present attended the full one hour of the board meeting |
|
|
27 May 2020 (Special Board meeting) |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, ,Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo,Mr. Enver Duminy, Adv. Mojanku Gumbi, Ms. Gloria Serobe, Ms. Zola Tshefu, Mr. Thebe Ikalafeng, Ms. Michelle Constant Apologies : Ms. Nomzamo Bhengu |
One hour |
The ten board members present attended the full one hour of the board meeting |
|
|
June One meeting scheduled |
26 June 2020 (Board Induction) |
Attendees (thirteen members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo,Mr. Enver Duminy, Adv. Mojanku Gumbi, Ms. Gloria Serobe, Ms. Zola Tshefu, Mr. Thebe Ikalafeng, Ms. Michelle Constant,Ms. Nomzamo Bhengu, Mr.Mduduzi Zakwe Apologies: None New Appointment (one member): Mr. Mduduzi Zakwe |
Six hours |
The thirteen board members present attended the full six hours of the board meeting |
|
July Two meetings scheduled |
8 July 2020 (Board meeting with Minister) |
Attendees (twelve members): Mr. Siyabonga Dube, Adv. Mojanku Gumbi, Mr. Ravi Nadasen,Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms. Lindiwe Sangweni-Siddo,Mr. Enver Duminy, Ms.Gloria Serobe, Ms. Zola Tshefu, Mr. Thebe Ikalafeng, Ms. Michelle Constant,Mr.Mduduzi Zakwe Apologies (one members): Ms. Nomzamo Bhengu |
One hour |
The twelve board members present attended the full one hour of the board meeting |
|
30 July 2020 |
Attendees (twelve members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo,Mr. Enver Duminy, Adv. Mojanku Gumbi, Ms.Gloria Serobe, Ms. Zola Tshefu, Mr. Thebe Ikalafeng, Ms. Michelle Constant,Mduduzi Zakwe Apologies (one member): Ms. Nomzamo Bhengu |
Six hours |
The twelve board members present attended the full six hours of the board meeting |
07 September 2020 - NW1910
Hunsinger, Mr CH to ask the Minister of Transport
How much income has the economy lost due to truck protests and arson attacks in the past three financial years?
Reply:
1. Impact of strikes by truck drivers and arson attacks on the economy (income lost)
South Africa trades with the rest of Africa and is largely through road transportation. The unrests within the road freight transport are negatively affecting the movements of goods and services in the country and the entire continent.
The embarking of strikes by South African truck drivers can be traced back to at least 2017. On 1 March 2017, the disgruntled truck drivers from coal sector organised a march to Union Buildings, which was against the contracting of Independent Power Producers (IPPs) by Eskom. They thought the move by Eskom will affect coal transportation industry and many people would lose their jobs.
- 1.1 Costs and Damages
The tensions between South African and foreign truck drivers have been ongoing for few years now. Most strikes that have happened in the country are against the employment of foreign truck drivers because, South Africans are concerned of the dominance of foreign nationals in not only the trucking industry, but also in other sectors given the high unemployment rate in the country.
The drivers from various truck unions (including All Truck Drivers Foundation) are calling for truck owners to refrain from employing foreign truck drivers in order to preserve jobs for South African. The All Truck Drivers Foundations (ATDF) argues that foreign drivers are being preferred when it comes to employment. It is unfortunate that most of the strikes turned violent.
These truck protests have a negative impact on trade in the country. The blockade of roads affects movements of other road users within the country. The motorists had to use alternative routes or be delayed on their business activities. As a result, two freight trucks were attacked and torched, which were carrying products bound for a grocery store; that led to the closure of the N1 highway near Paarl in Western Cape.
Some protests by truck drivers are over a wage dispute, which resulted in burning of trucks. This happed in April 2018 in Mooi River toll plaza, Kwa Zulu Natal.
According to Road Freight Association, the costs of attacks on trucks is about R1.2 billion with 1200 vehicles and cargo destroyed.
- 1.2 Income contribution
According to Land Transport Survey, which was released by Statistics South Africa in 2018, 77.3% of freight categorised as land freight in South Africa is hauled on its roads, accounting for 73.8% of total land freight income. Figure 1 indicates year-on-year percentage in freight transportation (income at current prices) from Land Transport Survey (P7162), monthly statistical releases.
Figure 1: Percentage Change of Income from Road Freight Transportation
Data Source: Land Transport Survey (StatsSA)
Level of income in the road freight has been increasing in 2017 and 2018. According to StatsSA’s Land Transport Survey, income from road freight transportation has increased by 11.9% and 9.8% in 2017 and 2018, respectively. However, there was a decline of 0.7% in 2019.
As illustrated in Figure 1, income from road freight transportation recorded an increase in all months of 2017 despite a march organised by truck drivers to Union Buildings in Pretoria.
In 2018, there was an increase in income in all months, except only decrease of 3% that occurred in June. The decrease of income in June 2018 was due to truck drivers’ protest regarding a wage dispute and demanding that foreigners should not be permitted to drive trucks in the country.
In 2019, income from road freight transportation decreased from July until the end of the year. This was mainly due to continuous tensions between local and foreign truck drivers. The local drivers accused foreigners of stealing their jobs, while International Cross-Border Traders Association (ICTA) also threatened to prevent SA registered trucks and buses to travel outside borders of SA if the industrial action went ahead.
The effect of COVID-19 and lockdown was experienced in the road freight transport in 2020. The road freight industry recorded a highest drop in income of 40.2%, 21.3% and 18.3% in April, May and June, respectively, which are the highest decline over the past three years. The recent tension occurred in June 2020 and culminated in violence, with trucks being set alight in KwaZulu-Natal, Mpumalanga and Western Cape.
07 September 2020 - NW1912
De Freitas, Mr MS to ask the Minister of Tourism
(1)Whether, with reference to her reply to question 1233 on 28 October 2019, any Memorandum of Understanding (MOU) or Memorandum of Agreement (MOA) has been signed with the relevant authorities in each province in the past three financial years; if so, (2) what are the details of (a) all the persons with whom each specified MOU and MOA was signed respectively and (b) the date on which each MOU and MOA was signed; (3) what are the details of the (a) procedures that have been put in place to ensure that the terms of the memoranda are adhered to and (b) timelines and deadlines that have been set for each memorandum?
Reply:
1. The Department of Tourism has signed Memoranda of Understanding and Agreements (MOU and MOA) with the relevantManagement Authorities of the UNESCO World Heritage Sites in each province, to unlock the potential and competitiveness of tourism in these World Heritage Sites (WHSs). Between 2017/18to 2019/20 financial years the Department has signed MOUs and Agreements with Management Authorities of the following state institutions:Robben Island Museum (WC), Cradle of Humankind (GP), iSimangaliso Wetland Park (KZN), Maloti Drakensberg Transfrontier Park (KZN), Mapungubwe Cultural Landscape (LP), Khomani Cultural Landscape (Kgalagadi Transfrontier Park - NC), Barberton Makhonjwa Mountains(MP), Richtersveld Cultural Landscape (NC), Cape Floral Region (WC & EC) and Vredefort Dome (FS).
(2) The signed MOUs and Agreements clearly outline delegation of authority and powers, roles and responsibilities of each party, governance and institutional arrangements, to support and guide project implementation. The MOUs are signed by the delegated authority in the respective institutions.
(3) (a) and (b) In line with the above response, the signed MOUs and Agreements delineate roles and responsibilities of each party including setting up Project Steering Committees (PSC) to oversee the management of the projects and adherence to contractual obligations including project duration and timeframes for delivery. Most importantly the the PSC provides consistent support and monitor progress throughout the implementation phases of the project/s.
07 September 2020 - NW567
Horn, Mr W to ask the Minister of Justice and Correctional Services
What total number of (a) prisoners who have been convicted for (i) housebreaking, (ii) carjacking, (iii) theft of motor vehicles, (iv) house robberies and (v) drug-related crimes have received parole from each parole board in each province in each of the past 10 years, (b) years have the specified prisoners served before being released on parole and (c) the specified parolees (i) had their DNA samples collected before being released on parole and (ii) have become reoffenders?
Reply:
Kindly refer to the attached as Annexure 1.
07 September 2020 - NW1759
Hunsinger, Mr CH to ask the Minister of Transport
(1) What (a) are the names of the security companies that the Passenger Rail Agency of South Africa (Prasa) has contracted with in each of the Metrorail corridors per station in each province in the past three financial years and (b) is the (i) start date, (ii) duration and (iii) current status of each specified contract; (2) (a) what number of security staff are employed by Prasa, (b) for what purpose and (c) where have the specified security staff been deployed?
Reply:
(a) (i), (ii) and (iii): See table below.
2. (a) The total number of security staff employed by PRASA is 2 420.(b) Seetable link below.
https://pmg.org.za/files/1/RNW1759Table1.pdf
(c) See table linkbelow.
07 September 2020 - NW1600
Winkler, Ms HS to ask the Minister of Agriculture, Land Reform and Rural Development
What (a) animals are listed under Category A, B, and C of the Game Meat Safety Scheme and (b) are the throughput numbers permitted per species under the Game Meat Safety Scheme; (2) with reference to the provision of the Game Meat Safety Scheme which states that Category A game do not apply to slaughter facilities registered under the Scheme except in special cases under a protocol approved by the Professional Employer Organisation, (a) what are the special cases, (b) what is the total number of the special cases and (c) to whom have the special cases been granted? NW1984E
Reply:
(1)(a),(b) There is no Game Meat Safety Scheme that the Department of Agriculture, Land Reform and Rural Development has approved and implemented. Meat safety is regulated under the Meat Safety Act, 2000 (Act No. 40 of 2000) and the only scheme that has been approvedunder the Act is the Meat Inspection Scheme which was approved by the Minister in 2016 and was implemented in 2017.
(2)(a),(b),(c) Falls away.
07 September 2020 - NW2029
Bozzoli, Prof B to ask the Minister of Higher Education, Science and Technology
(1)(a) Who is the information, communications and technology (ICT) service provider to the Department of Science and Innovation, (b) why is the specified department’s homepage of such poor quality and (c) why is it more offline than online;
Reply:
1.a) There is no one service provider contracted by the department for ICT services. Suppliers are contracted as an when required for goods and services through SITA and Supply Chain Management process.
b) The Department of Science and Innovation (DSI) complies with the GCIS Policy Guidelines for South African Government websites. The guidelines require that all government websites look uniform and that webmasters follow best practices in terms of the website information architecture, that refers to composition of structure, functions and website navigation. The DSI website conforms, in that the home page can be differentiated from other pages in the website. It is organised, displays options and gives a clear overview of what information is available on the website.
The link to the guidelines are below: https://www.gcis.gov.za/sites/default/files/docs/resourcecentre/guidelines/Government_%20website_guidelines_version1_final121015_layout.pdf
The user interface needed improvements and the Content Management System was out of date and vulnerable to hacks. As a result, the website was re-designed and the new DST website was presented to OPCO, thereafter it was presented at the EXCO meeting of 20th February 2017. Thereafter, EXCO has approved rollout of the new website.
c) The website has been down due to the following reasons:
- In the last five years, the website has been down only once (1) for two (2) days due to maintenance problems that needed specialist support in order to resolve.
- The only other time when the website was down is when there are problems on the SITA side since the website depends on the SITA infrastructure. In this case, the downtime has been shorter than a day, limited by the resolution by SITA.
- From the above, it is evident that the website has been up more often up than down.
2. Yes, a breakdown of the history (over the last three years – 2017/18 to 2019/20) of the department’s main ICT contractors and their service level agreements are as follows:
Other relevant details are as follows:
i) The DSI procures goods and services using the departmental SCM procurement processes and also complies with the SITA Act and Regulations for the procurement of IT goods and services.
ii) For the SITA mandated services, the SLA is entered into between the DSI and SITA.
iii) Service level agreements (SLAs) are entered into between the DSI and respective service providers.
SLAs are annually reviewed by the Auditor General to ensure compliance with the required prescripts.
07 September 2020 - NW1740
Hunsinger, Mr CH to ask the Minister of Transport
What number of (a) claims were received by the Road Accident Fund in the past three years and (b) the specified claims (i) were challenged and (ii) went to trial?
Reply:
The Road Accident Fund (RAF) (a) received 297,610claims[1] in the past three years and (b) (i) 151,530of the claims received were, or are, challenged[2] and (ii) 45,075of the challenged claims were settled by way of a court order[3], of which the exact number of the matters which went on trial could not be ascertained at the time of this response[4].
However, it is important to mention that a study conducted by Professor Hennie Klopperon the RAF mattersset down on the court roll in the Gauteng Division of the High Court, Pretoria revealed that 99.56 % of the matters are settled at the doorstep of court and less than 1% (0.45%) proceed to trial. This study was done in the Pretoria High Court which has the highest number of litigated matters countrywide. Although the research focused on Pretoria, the RAFs observation is that this is reflective of the general trend in all the courts in SA. RAF matters gets settled by both parties and the settlement agreements are then made orders of court. We attached herewith for ease of reference the article by Prof Klopper[5].
-
This number includes personal claims, but excludes supplier claims. ↑
-
Summons was served on the RAF in these matters. ↑
-
This number is inclusive of settlements made an order of court and judgments by the court. ↑
-
The RAF’s claim system does not have an indicator that allows for the identification of claims that went on trial and where judgment was delivered by the court. ↑
-
Prof Hennie Klopper is an Emeritus Professor in the Department of Private Law at University of Pretoria and a legal practitioner at HB Klopper Attorney in Pretoria ↑
07 September 2020 - NW1911
De Freitas, Mr MS to ask the Minister of Tourism
With reference to her reply to question 423 on 30 April 2020, what is the set deadline for her to receive the final report on the SA Tourism Board Assessment Reviews?
Reply:
The South African Board Assessment Reviews were received on 13 May 2020.
07 September 2020 - NW2051
Mphithi, Mr L to ask the Minister in The Presidency for Women, Youth and Persons with Disabilities
What (a) is the current staff complement of the national office of the National Youth Development Agency and (b) are the full details of the organogram?
Reply:
a) The National (Head) Office staff complement is 143 as at 31 August 2020.
b) The table below indicates the full details of the organogram.
|
Positions |
Number of Employees |
|
Executive Management |
5 |
|
Senior Management |
5 |
|
Managers |
25 |
|
Specialists |
29 |
|
Officers |
46 |
|
Administrators |
19 |
|
Housekeepers (insourced) |
5 |
|
Security officers (insourced) |
9 |
|
TOTAL |
143 |
07 September 2020 - NW1906
Bozzoli, Prof B to ask the Minister of Higher Education, Science and Technology
(a) Which learning and other programmes currently funded by (i) sector education and training authorities and/or (ii) the National Skills Fund will be negatively affected by a loss in funding in the adjusted budget, (b) what number of (i) students and (ii) service providers are likely to be affected by the budget cuts and (c) what has he found to be the likelihood of the specified service providers going out of business due to the budget cuts?
Reply:
Reply is attached.
04 September 2020 - NW1724
Mabhena, Mr TB to ask the Minister of Transport
Whether his department has distributed any sanitisers to (a) taxi associations and/or (b) taxi ranks throughout the Republic; if so, (i) what total number of sanitisers, (ii) at what total cost to his department and (iii) how long does he envisage the specified programme will last?
Reply:
a) The Department has not distributed any sanitizers directly to taxi associations and taxi ranks. To assist Provincial Authorities the Department procured and delivered the below listed quantities of sanitizer bottles and refills during April 2020 and May 2020. All items procured were delivered and handed over to Provincial Offices for distribution. National Treasury has approved and mandated Provinces and Local Authorise to utilise a percentage of allocated Grant Funding to procure PPE’s for the transport industry. As such procurement of masks and other PPE’s are done at provincial and local level.
(i) Sanitizers 1litre refillable bottles for each taxi for use by drive and passengers- 153 257 delivered and paid.
Sanitisers 20 litre refill-2609 delivered and paid.
(ii) Sanitisers 1litre refillable bottles for each taxi for use by driver and passengers- total cost was
R4 616 634.72 (R29.84 per unit)
Sanitisers 20litre refill- total cost was R3 988 620.00 (R1 661,93 for 20 litre)
(iii) The Department’s programme was an initial (during level 5 lockdown) assistance, as to assist
Provicial Authorities National Treasury has mandated Provinces and Local Authorities to utilise a percentage of allocated Grant Funding to procure PPE’s for the transport industry. As such ongoing procurement and implementation of the programme is done at provincial and local level
04 September 2020 - NW1533
Gondwe, Dr M to ask the Minister of State Security
(1)What progress has her department made on the draft of the amendment of the General Intelligence Laws Amendment Bill [B25 of 2011], which will effectively disestablish the State Security Agency and break it up into two services, namely the domestic and foreign services; (2) (a) on what date is the Bill likely to be introduced in the National Assembly and (b) what are the relevant details of the timelines in relation to the processes to be undertaken by his department and relevant government institutions before the introduction of the Bill in the National Assembly?
Reply:
The Parliament Joint Standing Committee on Intelligence has scheduled a briefing by the State Security Agency on the General Intelligence Laws Amendment Bill (Gilab). This briefing will amongst others, provide progress on Gilab. Drafting of the General Intelligence Amendment Bill is taking place within context of ITT and implementation of the HLRP Recommendations. Strategic thrust of the ITT drafted Bill was re-creation of 1994/5 intelligence structures. This posed a significant challenge and threat to civilian intelligence. This Bill had to be revised to consider futurist configuration, which takes into consideration current, and emerging threats; Process of drafting Gilab including its buinsess case is affected by myriad factors including;
(b) Lockdowns aimed at containing spreed of Coronavirus COVID-19 pandemic;
(c) Consultation with the President on options for optimal configuration;
(d) Consultation with the National Treasury, Department of Public Service and Admnistration and JSC Cluster.
The Bill will be submitted to Parliament after approval by the Cabinet.
04 September 2020 - NW1809
Sindane, Mr P to ask the Minister of Human Settlements, Water and Sanitation
(a) What are the reasons that the Kwa-Masiza Hostel in Ward 17 of the Emfuleni Local Municipality is still incomplete despite the huge amount of funds pumped into the project by her department, (b) who were the appointed contractors for the specified project, (c) what budget has her department allocated for the project, (d) what are the reasons that the security company left the site unguarded and (e) what amount did her department pay the security company?
Reply:
(a) The Gauteng Department of Human Settlements refurbished the Kwa-Masiza Hostel under the CRU Program. The three (3) and four (4) bedroom units were upgraded to serve as rental stock for qualifying beneficiaries. Residents that did not qualify for the rental option were accommodated under the subsidy scheme upon the approval process.
The completed units were made available to qualifying beneficiaries but due to unaffordability, the hostel residents refused to take occupation of the units. In addition, the project was plagued by various implementation challenges related to service providers on site which led to subsequent delays in the roll out of the development and inevitably the project was stopped.
The Auditor-General found that the continued payment of security services from the Human Settlements Development Grant (HSDG) to guard the stopped project would result in irregular expenditure on the part of the Gauteng Department of Human Settlements (GDHS). Consequently, the GDHS took a decision to withdraw all the security services from the project, which led to invasion and vandalization of the properties.
The Gauteng Department of Human Settlements has established a steering committee comprised of MMCs, Project Managers and the Local Councillor with the purpose of reviving the project and finding solutions to challenges that caused it to come to a standstill.
(b) Honourable Member, I am constrained and prohibited by the document titled “Guide to Parliamentary Questions in the National Assembly” from providing the names of companies as requested. The document referred to states that:
“Questions are to be framed as concisely as possible. All unnecessary adjectives, references and quotations are omitted. Names of persons, bodies and, for example, newspapers are only used in questions if the facts surrounding the case have been proven. As the mere mention of such names could be construed as publicity for or against them, it should be clear that this practice is highly undesirable. If a question will be unintelligible without mentioning such names, the Departments concerned are notified of the name (-s) and this phrase is used: ".......a certain person (name furnished)”.
(c) The Gauteng Department of Human Settlements plans to revive the development of the project and has set aside a budget of R4 000 000.00 (four million rand) for the initial assessment and repackaging of the project. The plan is to redevelop the hostel into walk-up family units.
(d) The GDHS was cautioned by the Auditor-General and the National Department of Human Settlements against the use of the Human Settlement Development Grant to pay for non-housing related costs. The Division of Revenue Act (DORA) is clear that the HSDG should only be spent on housing costs. The continued payment of security services from the HSDG exposed the GDHS to irregular expenditure. In 2018, the GDHS took a decision to discontinue payments for security services to guard the project and withdrew the security company from the site.
(e) The GDHS made no payment to the security company due to a lack of the Portfolio of Evidence on the part of the claimant.
04 September 2020 - NW1883
Shivambu, Mr F to ask the Minister of Finance
(a) What amount has been paid as a settlement by any (i) person, (ii) corporation and/or (iii) fund to each pension and/or retirement fund (details furnished), (b) which payments were approved by a certain person (name and details furnished) and (c) how was the decision to allocate the payments into the funds made?
Reply:
Kindly note that the Office of the Pension Funds Adjudicator (OPFA) only deals with complaints referred to it in terms of section 30A of the Pension Funds Act, 24 of 1956. Therefore, the questions posed above would not arise in the execution of the OPFA’s mandate.
04 September 2020 - NW1723
Mabhena, Mr TB to ask the Minister of Transport
(1)Whether his department has distributed any face masks in the past two months; if so, (a) what number of face masks have been issued and distributed to (i) taxi ranks and/or (ii) taxi associations throughout the Republic and (b) on what dates were the specified face masks delivered in each case; (2) whether there was acknowledgment of receipt in each case; if so, will he furnish Mr T B Mabhena with a copy of such correspondence; (3) whattotal amount has his department paid in the past two months for the issuing and distribution of face masks to taxi ranks and/or taxi organizations throughout the Republic?
Reply:
1. The Department did not distribute any masks in the past two months. National Treasury has mandated Provinces and Local Authorities to utilise a percentage of allocated Grant Funding to procure PPE’s for transport industry. As such procurement of masks and other PPE’s are done at provincial and local level.
2. Not applicable as the Department did not deliver any masks in the last two months. See response (1) supra.
3. Not applicable as the Department did not procure any masks in the last two months. See response to (1) supra.
03 September 2020 - NW1909
Hunsinger, Mr CH to ask the Minister of Transport
(1)What number of truck companies are (a) part of the Bargaining Council and (b) not part of the Bargaining Council; (2) whether his department has conducted any studies to determine what number of truck companies in the road freight industry employed (a) documented and (b) undocumented foreign nationals as truck drivers in the past three financial years; if not, does his department intend to conduct such studies; if so, what number of (i) documented and (ii) undocumented foreign nationals have been found to be employed by truck companies in the road freight sector in the specified period; (3) whether his department has taken any steps against any truck company for illegally employing undocumented foreign nationals as truck drivers; if not, why not; if so, what are the relevant details?NW2424E
Reply:
1. The information sourced from the Bargaining Council states that are (a) 3121 truck companies that are currently registered with the Bargaining Council. (b) the number of truck companies not part of the Bargaining Council remains unknown as the it (Bargaining Council)keeps information on companies that are registered within its scope. It must be noted the Bargaining Council for Road Freight and Logistics has jurisdiction only on truck companies that fall within its scope, associated for transporting of goods for hire or reward
2. The Department of Transport has not conducted any study in this regard. It must be stated that this is purely a labour matter and the Department of Employment and Labour has since taken the lead in addressing this issue so much so that the Department of Transport forms part of an Interministerial Committee appointed by Cabinet as per its decision of 15 July 2020, copy of which has been attached hereto for ease of reference.
3. On an ongoing basisan integrated and multidisciplinary Joint Law Enforcements and Compliance Inspections were conducted between 01 September 2019 to 31 March 2020 by the responsible Law Enforcement Teams from SAPA, Dept. of Employment and Labour, Home Affairs and Traffic Authorities with the following outcomes:
In KZN 26 roadblocks were conducted;
23 Employers were charged;
262 undocumented truck drivers were charged; and
35 inspections at trucking companies were conducted.
The above Joint Law Enforcements and Compliance Inspections were conducted by Department Home Affairs; Department of Employment and Labour; Traffic Authorities, South African Police Service; Metro Police and the Bargaining Council.
03 September 2020 - NW1640
Sonti, Ms NP to ask the Minister of Social Development
Whether her department considered a different payment method to beneficiaries of social grants, rather than having persons standing in long queues risking Covid-19 infections?
Reply:
All social grant beneficiaries receive their social grants in a bank account, whether this is their own personal account, or the SASSA card account. Once the money is available in the account, the beneficiary can withdraw the money at any time, everywhere in the country. There is no requirement for the beneficiaries to withdraw the money on the same day, or to withdraw all the cash at once.
Much of the communication SASSA has been doing is to have beneficiaries of social grants understand that there is no need for them to queue to withdraw cash, but that they can use their cards to pay for goods (the SASSA card is a fully functional debit card); that they can withdraw smaller amounts as and when they need this, or that they can go later in the month, when the queues are not as long.
The support of Honourable members in reinforcing this message will assist in changing beneficiary behaviours.
03 September 2020 - NW1383
Breedt, Ms T to ask the Minister of Social Development
(1)Whether her department awarded any tenders in relation to the Social Relief of Distress Grant; if so, what (a) are the names of the businesses and/or service providers to whom the specified tenders were awarded, (b) are the amounts of each tender awarded and (c) was the service and/or product to be supplied by each business and/or service provider; (2) whether standard procurement processes were followed; if not, why not; if so, what was the reason for each specified business and/or service provider to be awarded the specified tender; (3) whether her department awarded any tenders in relation to capacity increase on existing grant infrastructure; if so, what (a) are the names of the businesses and/or service providers to whom these tenders were awarded, (b) are the amounts of each tender awarded, (c) was the service and/or product to be supplied by each business and/or service provider; (4) whether the standard procurement processes were followed; if not, why not; (5) what was the reason for each specified business and/or service provider to be awarded the specified tender? NW1754E
Reply:
1. (a) No tender was awarded
(b) Not applicable
(c) Not applicable
2. Not applicable
3. (a) Tenders were awarded to Prosense, Vodacom and Govchat.
3. (b)
- SASSA varied Prosense’s existing contract with R2, 9 million.
- Vodacom was awarded R15 million for thetender through the existing National Treasury RT15 contract (RT15 is a Government Transversal contract to Supply and deliver mobile communication services to the State during the lockdown period 27 March to 16 April 2020)
- Govchat services are rendered for free to SASSA
4. Yes, the standard procurement processes were followed.
5. - Prosense was appointed to build the APIS(Application Programming Interface system)for data validation and to develop website for Special SRD Grant (Social Relief of Distress Grant)
- Vodacom was appointed to develop USSD platform (Unstructured Supplementary Service Data)for SRD Applications
- Govchat was appointed to develop the Special SRD Application Platform for free
03 September 2020 - NW1760
Hunsinger, Mr CH to ask the Minister of Transport
(1)What portion did the Road Accident Fund receive from the fuel levy in each month since 1 January 2020; (2) with reference to creditors paid over the past three years related to court proceedings in defence of claims, what (a) are the different categories of service providers and (b) amount was paid to each specified category?
Reply:
(1) The Road Accident Fund (RAF) received the following amounts from the fuel levy in each month since 1 January 2020:
|
January 2020 |
R 3 807 332 143.91; |
|
February 2020 |
R 3 528 323 707.01; |
|
March 2020 |
R 3 495 556 973.48; |
|
April 2020 |
R 3 770 745 323.10; |
|
May 2020 |
R 2 558 272 599.71; and |
|
June 2020 |
R 1 599 970 916.97. |
(2) With reference to creditors paid over the past three years related to court proceedings in defense of claims,
|
(a) the different categories of service providers are: |
and (b) the amount that was paid to each specified category is: |
|
Advocates for the RAF |
R1 004 423 966; |
|
Attorneys for the RAF |
R7 317 065 343; |
|
Actuaries for the RAF |
R425 791 569; |
|
Assessors for the RAF |
R289 909 208; |
|
Medical experts for the RAF |
R2 055 641 965; |
|
RAF travel and accommodation |
R17 461 530; |
|
Other RAF disbursements |
R292 200 723; |
|
Advocates for the claimant |
R2 372 350 878; |
|
Attorneys for the claimant |
R7 700 134 971; |
|
Actuaries for the claimant |
R634 888 188 ; |
|
Assessors for the claimant |
R29 297 408; |
|
Medical experts for the claimant |
R4 187 898 064; |
|
Claimant travel and accommodation |
R235 652 197; and |
|
Other claimant disbursements |
R209 998 368. |
03 September 2020 - NW1590
Hunsinger, Mr CH to ask the Minister of Transport
(a) For what purpose did the SA National Road Agency Ltd request the R7 billion loan from the Development Bank of Southern Africa and (b)(i) for which projects and/or capital expenditure projects was the loan made and (ii) where are the projects located?
Reply:
a) SANRAL did not apply for a loan from the Development Bank of Southern Africa.
b) (i) Not applicable
(ii) Not Applicable
03 September 2020 - NW1591
Hunsinger, Mr CH to ask the Minister of Transport
What is the intention of the R2,5 billion transfer to Gauteng Freeway Improvement Project (e-toll) in the Adjustment Budget?
Reply:
The R2.53 billion (incl VAT) will be used for the funding requirements in the Toll Portfolio, which includes the shortfall on the collection of toll revenue from the Gauteng Freeway Improvement Project (GFIP) as well as the servicing of debt for the portfolio.
03 September 2020 - NW1552
Nolutshungu, Ms N to ask the Minister of Transport
What steps has been taken by his department to ensure that Metrorail is able to (a) guarantee commuter safety, (b) protect against cable theft and vandalism of the infrastructure, (c) arrest and subsequently prosecute those responsible for vandalism of infrastructure and (d) get the service up and running to its full capacity within set time frames?
Reply:
a) PRASA resumed its Metrorail Operation on 01 July 2020, in all Regions (Western Cape, Eastern Cape, KwaZulu Natal and Gauteng) in line with the level 3 lockdown regulations, governed by the risk adjustment strategy implemented by the Government in an attempt to limit the spread of Corona virus pandemic. The Metrorail services resumed in the following corridors at 30% capacity in line with the regulations:
|
Western Cape |
KwaZulu-Natal |
Gauteng |
Eastern Cape |
|
|
|
|
Following the Minister of Transport’s announcement on 16 July 2020 allowing commuter rail operations to increase the loading capacity to 70%, Metrorail has accordingly increase its loading capacity in the currently operating corridors to 52% from Monday, 03 August 2020, informed by the following risk-based scenarios:
|
52% Capacity |
70% Capacity |
|
Social distancing for standing is 0.5m apart and all seats occupied with commuters wearing masks. Total in each train set is 1161 commuters |
Social distancing for standing is 0.2 to 0.3m apart and all seats occupied with commuters wearing masks. Total in each train set is 1540 commuters |
Risk Mitigations
The following measures were implemented to mitigate the risk of spreading the virus:
- All Commuters are sanitised when they enter the station precinct
- No socialising in the train.
- No eating in the train.
- Maintain appropriate ventilation inside the train - Windows to be opened by at least 5cm.
- No handshaking greetings.
- Commuters and staff strictly wear face mask on board the train.
- Protection Officials and Marshalls are deployed on board to enforce compliance.
- Train surfaces are disinfected before the train trip and at turnaround stations.
In addition, commuters are encouraged not to touch surfaces where possible in order to reduce the spread of the virus.The current security arrangements remain in place and supported by platform marshals to enforce compliance with the regulations.
Metrorail will continue to monitor the associated risk and based on the lessons learned and the attendant risk assessment, increase the loading capacity to 70%, in line with the current regulations.
b) Metrorail Security continuously identify crime hot spot areas and focus actions to ensure asset protection. Teams are deployed in corridors to ensure fast and effective response. Metrorail has advertised 3000 additional security posts nationally with closing date 22 July 2020. In the interim, until 15 August 2020, available security resources will be utilised to mitigate security risks / threats.
PRASA is also involved with Joint Operations with the Rapid Rail Police to create additional capacity to address the prevailing security threats. PRASA is currently engaged in various projects to address permanent and sustainable solutions for mitigation of the security risks associated with cables and infrastructure i.e.:
- Corridor walling;
- Recruitment Process;
- Monitoring Control Rooms;
- Physical Security;
- Armed Response;
- E-Security solution that will deliver protective measures for mission critical assets (substations, relay rooms and high sites)
- Intelligence Driven Security Operations with investigations and criminal forensic support; and
- Drone operations that will focus of infrastructure and cable protection.
c) Over 140 suspects have been arrested for various acts of theft of vandalism of PRASA’s infrastructure nationally with Gauteng contributing over 90% of those arrests. Prasa is pursuing various options with specialised units of the SAPS and the NPA to ensure that perpetrators are effectively prosecuted and receive stiffer sentences are effected, these efforts have been necessitated by the ease in which bail is being granted to suspects even in instances where it is established that they are foreign citizens who might not easily be confined to the borders of RSA.
d) Services will gradually resume in line with the adopted infrastructure and security plan and in compliance with COVID-19 Directions. The focus will be on corridors with high passenger demand and with less repair work required on vandalised infrastructure and station facilities. In Gauteng, due to damage and vandalism to Overhead Traction Equipment (OHTE), services will initially be rendered using diesel traction whiles OHTE are being repaired and security services are rolled out.
The table below gives an indication of the planned resumption of services:
03 September 2020 - NW1806
Nolutshungu, Ms N to ask the Minister of Transport
(a) Who are the shareholders of Taxi Recapitalisation South Africa, which was established by a certain company (name furnished) with the aid of his department, (b) what profit amount does the specified entity make by scrapping one taxi and (c) what number of taxis do they scrap in each year?
Reply:
a) Taxi Recapitalisation South Africa (TRSA) has been established on a collaborative business model between the Mini and Midi-Bus Taxi Industry (MMTI) with 60% ownership and the Contractor as technical partner with 40% ownership. The appointed Contractor is Anthus Services 84 (Pty) Ltd.
b) In terms of the Revised Taxi Recapitalisation Programme, the Contractor is required to verify the extent of illegal operations, improve the sustainability of the MMTI through leveraging commercial opportunities in the value chain and investigating the feasibility of introducing an age limit for mini and midi-bus taxis, in addition to the scrapping of old taxi vehicles and paying scrapping allowances to taxi operators. The Contractor’s contract value is based on the implementation of all therequirements mentioned above and not only on the scrapping of taxis only.
c) The budget for scrapping allowances provided in the Medium Term Expenditure Frameworks provides for the scrapping of 3693 vehicles annually. The actual number of vehicles scrapped annually is dependent on the number of qualifying applications received from the MMTI.Scrapping of old vehicles is also demand drivenand therefore the total number of vehicles scrapped each year is dependent on the operators bringing their vehicles for scrapping.
03 September 2020 - NW1227
Mey, Mr P to ask the Ministerof Transport
(1)Whether his department purchased any goods and/or services below the amount of R500 000 connected to the Covid-19 pandemic; if not, what is the position in this regard; if so, what (a) is the names of each company from which the specified goods and/or services were purchased, (b) is the amount of each transaction and (c) was the service and/or product that each company rendered; (2) whether there was any deviation from the standard supply chain management procedures in the specified transactions; if so, (a) why and (b) what are the relevant details in each case; (3) what were the reasons that the goods and/or services were purchased from the specified companies; (4) whether he will make a statement on the matter?
Reply:
1. Procurement of Covid19 related goods below R 500 000:
|
Nr |
Name of Service Provider |
Amount |
Goods/Services |
|
(a) |
(b) |
(c) |
|
|
1 |
Way 2 Go It Solutions |
R465 000,00 |
PPE for DOT officials/internal use |
|
2 |
Moloko Family Holdings |
R141 940,00 |
Public Transport: Activation at Taxi Ranks |
|
3 |
Mistralog |
R19 300,00 |
PPE for DOT officials/internal use (Multiple Award) |
|
4 |
Hamisa |
R26 569,14 |
PPE for DOT officials/internal use (Multiple Award) |
|
5 |
Amet |
R51 750,00 |
PPE for DOT officials/internal use (Multiple Award) |
|
6 |
Ecko-Green |
R9 000,00 |
PPE for DOT officials/internal use (Multiple Award) |
|
7 |
Ecko-Green |
R6 000,00 |
PPE for DOT officials/internal use (Multiple Award) |
|
8 |
Cherry Pickles |
R175 500,00 |
Ministry: Outreach and DLTC's: Face Shields and Sanitizers |
|
9 |
Morerishi Travel |
R90 000,00 |
Ministry: Outreach and DLTC's: Face Shields and Sanitizers |
|
10 |
Tshwane Running Shop |
R22 000,00 |
PPE for DOT officials/internal use (Multiple Award) |
|
11 |
Tshebis Projects |
R16 900,00 |
PPE for DOT officials/internal use (Multiple Award) |
|
12 |
Consumer Connectedness |
R128 604.00 |
Disinfecting of Building |
|
13 |
Rimone Wako Mzantsi |
R25369.60 |
Disinfecting of Building |
(2)(a) The Department did not foresee the impact of the Covid-19 pandemic at the commencement of the previous financial year and had therefore not budgeted for the pandemic nor planned for any tenders in the Annual Procurement Plan related hereto. However, The Department had followed all the available prescripts by the National Treasury in the COVID-19 procurement processes.
Quotations were sourced in line with the provisions of the relevant Treasury instructions and a process of multiple award approach was utilised to meet the necessary volumes requested in the distributions for Personal Protective Equipment (PPE) and Wear
(2)(b) A report was provided of a positive Covid19 case at the Department, and Facilities Management requested that the entire building be disinfected urgently. Four companies who had provided quotes for other Covid-19related services to the Department was approached and requested to provide a quote within two (2) hours. The deviation is that under normal circumstances suppliers are given three (3) to seven (7) days to respond to quotations. In this circumstances in with the need to have the building functional as soon as possible, suppliers were given period of two hours to respond. This however is in line with provision of the Treasury Instruction Note No.5 of 2020-2021.
(3) Companies are listed under the required commodities on CSD. Quotes were received from multiple companies, and the award was done based on ranking for either price or price and preference (in cases where preference points were claimed).
(4) If the house deems it appropriate, the Minister will make a statement, but does not see any necessity at this stage.
03 September 2020 - NW1725
Mabhena, Mr TB to ask the Minister of Transport
Whether any taxi rank in the Republic has been fumigated, disinfected and deep cleaned in the past three months; if so (a) what number of taxi ranks,(b) at what total cost to his department and (c) how were the specified taxi ranks selected? NW 2115E
Reply:
The Department did not procure any services for the disinfecting and cleaning of taxi ranks. This service has been decentralized and National Treasury has mandated Province and Local Authorities to utilise a percentage of allocated Grant Funding to procure COVID-19 related activities for transport industry. As such, the disinfecting and cleaning of taxi ranks is done at provincial and local level.
03 September 2020 - NW1497
Masango, Ms B to ask the Minister of Social Development
(1)On what date did applications for the Social Relief of Distress (SRD) grant close; (2) whether the SA Social Security Agency (SASSA) is still accepting and processing new applications; if not, what is the position in this regard; if so, what are the relevant details; (3) whether SASSA has picked up and dealt with any fraudulent activity since the operation of disbursing the SRD grant began; if not, what is the position in this regard; if so, what are the full, relevant details?
Reply:
1. As the President Ramaphosa’s announcement the Special COVID-19 SRD Grant will be paid over a period of 6 months until the end of October 2020.
2. Applications are still being accepted through the Whatsapp channel (082 046 8553) and through the SASSA website (https://srd.sassa.gov.za). Of the total of 7 549 842 applications received to date, 6 534 754 were received in May; 938 554 for June and 31 534 for July (to 8 July 2020).
3. There have been no fraudulent activities picked up to date. There are a number of checks and balances built into the application and validation processes, which should ensure that only genuinely qualifying citizens benefit from this grant. In addition, the Auditor General is auditing all the application process and decisions and any anomalies identified will be investigated.
03 September 2020 - NW1391
Abrahams, Ms ALA to ask the Minister of Social Development
(1)Whether her department has a safety plan for orphaned and vulnerable youth exiting Child and Youth Care Centres (CYCC) once they turn 18 years old and are no longer protected by the Children’s Act, Act 38 of 2005, and subsidised by the State to stay in the specified centres; if not, why not; if so, what are the relevant details of the specified safety plan; (2) what number of residents over the age of 18 years is currently residing in each CYCC in each province; (3) whether residents over the age of 18 years utilise the same living, bedroom and bathroom facilities as residents who are under the age of 18 years; if so, what are the relevant details; (4) what is the age of the oldest resident staying in a CYCC currently?
Reply:
(1) (a) Yes.The Children’s Act 38 of 2005 makes provision for an Alternative Care Programme which is inclusive of places of safety, foster care, child and youth care centres (residential care) for vulnerable children. Whilst in alternative care, these children must be provided with a plethora of services which includes among others, the provision of independent living programs. These services are designed to help children and young persons’ transition from alternative care to living independently as productive citizens through structured life skills and educational programmes.
There are transitional and independent living plans based on assessment conducted which focus on assessment of life skills in preparation for life skills training, basic education skills and other skills in preparation for post-secondary education. The assessment of skills is a critical step in designing an individualized independent living plan for any child which is to be reviewed after every six months. These plans indicate steps the child will take to meet his/her goal as well as to outline the task the child will undertake to meet specific challenges identified on his/her personal independent living assessment. The plan must be developed 90 days prior to the date the young person will be discharged from alternative care system at the age of 18 years or older.
There are important considerations when developing the plan. The plan must be based on the child’s strengths and needs with clearly outlined goals and objectives; identification and linking of the child with community services to turn to if he/she need assistance; connecting the child with the adult mentor in the community for mentorship, provision of support, advocacy and assistance with personal, academic and career development.
(b) Yes, Provincial departments are subsidising NGOs to provide services to children to remain in alternative care beyond the age of 18yrs in terms of Section 176(1). Children’s Act, Act 38/2005 makes provision that children turning 18 and are still busy with school can remain in a Child and Youth Care Centre until the age of 21 if they need to complete grade 12, should they prefer to. The court orders are extended in terms of Section 176 whilst the youth is still in school but once they have completed school (Grade 12) they are discharged in terms of Section 175.
(2)Table below indicates the number of residents over the age of 18 years who are currently residing in CYCCs in each province:
|
Province |
Beyond 18yrs |
|
Free State |
59 |
|
North West |
53 |
|
Gauteng |
138 |
|
Eastern Cape |
45 |
|
Western Cape |
CYCC =71 & DSD CYCC =52 |
|
Limpopo |
34 |
|
KZN |
72 |
|
Northern Cape |
3 |
|
Mpumalanga |
64 |
(3)Table below outlines relevant details of residents over the age of 18 years utilising the same living, bedroom and bathroom facilities as residents who are under the age of 18 years:
|
Province |
Response |
|
Free State |
All Residents are treated as children in the Youth Care Centre and therefore they all utilize the same facilities and abide by the same rules and standards that are expected from the younger children. The 18 year old youths are given a conduct contract to sign with the extension of their Section 176 order and they are fully aware that they are expected to conduct themselves like the children in the youth care centre for their duration of time in the Youth Care Centre, no exceptions to the rules is allowed. |
|
North West |
CYCCs differ in terms of their models. SOS is a household or family type of care and young person’s stay with others like typical siblings would. Other CYCCs resemble dormitories type where care givers are assigned to care for a particular number of children andare classified according to age. Mainly they reside together with others to foster sense of belonging. |
|
Gauteng |
No, children are placed as per their age group, and there is supervision at all times as per the Norms and standards. |
|
Eastern Cape |
This varies from one CYCC to another as it is determined by the number of those over 18, available infrastructure and equipment. However, those who move easily and quicker out of the centre create an opportunity for the long term placements. In some centres they are sharing with 14 year olds and above, in others they have their own bedrooms only sharing a communal kitchen, living room and bathroom which promotes the desired level of independence. Some where possible are allocated a room in the same block as the Child and Youth Care Workers / Caregivers. |
|
Western Cape |
CYCCs are responsible for the living arrangements of all residents within their care. Some CYCCs have independent living cottages on the premises, while others have dedicated rooms for those 18 and above. If they have a dedicated room they do share the living room and bathroom with other residents. In terms of DSD own centres, the residents are placed in separate rooms and where sufficient numbers in a separate unit. |
|
Limpopo |
Living arrangement is done according to age group and over 18 years do not share bedrooms with the under 18 years. However, they utilize the same living and bathroom under the supervision of carers. The children shower at specific times according to their ages and under the supervision of carers. |
|
KZN |
Residents are allocated cottage and are housed according to their age groups and gender. Youth aged 16yrs and over are grouped together. At some facilities those young people who are in matric have single rooms and other facilities have separate quarters for over 18 years. Each young person has his/her own bed and living space. Ablution facilities and living rooms are shared. |
|
Northern Cape |
1= has own room as he is also in matric 1=Shares room with 17-18yrs age group 1=There is only one room in the CYCC for all children, the child shares with other children. |
|
Mpumalanga |
|
(4)Table below illustrates the age of the oldest resident currently staying in a CYCC:
|
Province |
Response |
|
Free State |
20 years |
|
North West |
20years |
|
Gauteng |
21 years. |
|
Eastern Cape |
21 years old. |
|
Western Cape |
21 years old. |
|
Limpopo |
20 years |
|
KZN |
22 years |
|
Northern Cape |
19 years |
|
Mpumalanga |
23 years |
03 September 2020 - NW1330
Hunsinger, Mr CH to ask the Minister of Transport
With reference to the readiness to commence with Metrorail services from 1 July 2020 as he confirmed (a) which rail lines and/or sections will be prioritised and ready for use, (b) what are the reasons for excluding other rail sections from being prioritised and ready for use and (c) what cost is associated with bringing the excluded rail sections into full service including the (i) distances in kilometres for each excluded section and (ii) number of commuters using each excluded rail section?
Reply:
a) The following rail lines will be prioritized and ready for use:
- Gauteng: Pretoria – Pienaarspoort
- Western Cape: Southern Corridor (Cape Town – Retreat)
- Eastern Cape: East London – Berlin
- Eastern Cape: Port Elizabeth – Uitenhage
The reason for excluding other rail sections from being prioritized and ready for use are:
(i) To reduce the spread of the virus by introducing limited services and then gradually increase services with time;
(ii) During lockdown, theft and vandalism continued within the network system and with theextent of damages, it is going to take longer to repair those lines with severe damages; and
(iii) Resuming with few lines provides the business the opportunity to learn how to handle passengers under COVID-19 before extending services to other lines.
c) The cost associated with bringing the excluded rail sections into full service includes COVID-19 Safety Equipment of R30 million, Security Costs of R300 million, Infrastructure (OHTE, Signals, Perway, Tele-Comms) of R301 million and Stations Costs of R9million of which:
(i) distances in kilometers for each excluded section are:
- Umlazi – Durban – Kwamashu 61,37km
- Naledi – Johannesburg 29,87km
- Leralla – Johannesburg 47,48km
- Western Cape – Northern Corridor 11,38km
- Crossmoor – Merebank 13,50km
- Umkomaas – Durban 83,26km
(ii) The number of commuters using each excluded rail section are:
- Umlazi – Durban – Kwamashu 31,471
- Naledi – Johannesburg 158,373
- Leralla – Johannesburg 118,895
- Western Cape – Northern Corridor 15,153
- Crossmoor – Merebank 12,383
- Umkomaas – Durban 15,253
03 September 2020 - NW1805
Nolutshungu, Ms N to ask the Minister of Transport
(1)(a) With what amount has his department sponsored the SA National Taxi Council over the past five financial years, (b) what was the money intended for and (c) to whom are they accounting for the use of the money; (2) whether he will furnish Mrs N J Nolutshungu with the financial statement of this money for the past five financial years?
Reply:
1. (a) With what amount has his department sponsored the SA National Taxi Council over the past five financial years,
2019/2020 – R23.8m
2018/2019 – R22.5m
2017/2018 – R21.3m
2016/2017 – R20.2m
2015/2016 – R19.2m
(b) What was the money intended for and,
These fundsare allocated to SANTACO every financial year based on the recommendations of the 1996 National Taxi Task Team (NTTT), which comprised of members from Provincial Departments, National Department and the Taxi Industry. The purpose of the funding is to assist SANTACO to cover operational costs and implement key NTTT recommendations such as:
- Formalization of the Taxi Industry
- Regulation and Control
- Training and Capacity Building
- Empowerment
(c) to whom are they accounting for the use of the money;
The use of the funds is accounted to the Department.SANTACO submits a Business Plan at the beginning of each financial year and based thereon a Memorandum of Agreement is entered into with the Department. The Agreement sets the expected deliverablesand milestones and funds are only transferred upon achievement thereof.These milestones require that reporting for expenditure on a monthly basis is in place. SANTACO has to provide audited financials for the previous year’s expenditure. In the absence of these requirements, funds are withheld until such time as the records are provided.
2) whether he will furnish Mrs N J Nolutshungu with the financial statement of this money for the past five financial years? NW2197E
The Department has no objection in sharing these documents.
03 September 2020 - NW1241
van der Merwe, Ms LL to ask the Minister of Social Development
Whether her department is on track to meeting its target of having 55 000 social workers employed by 2030 in accordance with the National Development Plan; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
I would like to inform the Honourable Member that the target of 55 000 projected in the National Development Plan, which you are referring to relates to social service professionals, not only social workers.
1. With regard to social workers, the Department has developed the Supply and Demand Model during the 2016/17 financial year. The model projects that in 2017, the country had 32 261 social service practitioners of which 18 733 were social workers
2. In terms of the model, universities are projected to supply the sector with social work graduates at an estimated rate of 23% between 2017 and 2030. This amounts to 3 600 social work graduates who are eligible for employment in the social development sector on an annual basis. There are currently 16 140 social work students registered for the Bachelor of Social Work degree in various universities.
3 Using the same model projections for the 2019-2024 MTSF it means that the social sectorwill have 43 577 social workers employed by 2023/24. Then in 2024 – 2030 MTSF the social development sector would have 65 177 social workers employed by 2030.
4. The model also projected a shortfall towards achieving the NDP target. In this regard, in 2017, the social development sector had a gap (shortage) of 9 167 social workers for the 2017 – 2019 MTSF period. The implication therefore is that for 2020 – 2024 MTSF period the gap would be 8 494 and for 2025 – 30 MTSF period it would be 7 456 social workers.
5. On an annual basis for the three MTSF cycles, social development sector required 1 833 for the 2017 – 2019 MTSF period, and will require 1698 for the 2020 – 24 and 1 491 for the 2025 – 2030 MTSF periods. Should the public service employ social workers and other social service practitioners at the projected rate, then the National Development Plan target of 55 000 is achievable by 2030.
6.The Department of Social Development is the main employer of social workers in the country.
There are currently 16 926 social workers employed by the Departments at both national and provincial departments. The employment rate by the Department will therefore be informed by the Sector Human Resource Plan and organisational structures of both National and Provincial Departments of Social Development.The project is included in the Sector Human Resource Plan for 2020/21
National Assembly written Reply: 1241 of 2020
________________________
Approved by the Minister of Social Development
Date……………………….
03 September 2020 - NW1807
Nolutshungu, Ms N to ask the Minister of Transport
(a) What plans are in place for the Road Accident Fund to pay over R17 billion in unpaid claims that have been outstanding for more than 10 years and (b) by what date does he envisage will the backlog be cleared?
Reply:
(a) The revenue received by the Road Accident Fund (RAF) from the fuel levy is insufficient to address its claims liability, consequently one of the plans (targets) included in the RAF’s Strategic Plan and Annual Performance Plan, which is specifically aimed at addressing the unpaid claims debt, is for the RAF to secure a finance facility for this short-term debt and (b) the securing of the finance facility to clear the backlog is targeted for the 2020/21 financial year.
03 September 2020 - NW1670
Abrahams, Ms ALA to ask the Minister of Social Development
What (a) is the commencement date of employment of the 1 809 social workers in each province and (b) are the terms of their contract?
Reply:
(a)
|
Province |
Date of employment |
|
Northern Cape |
1 June 2020 |
|
Eastern Cape |
1 June 2020 |
|
Western Cape |
Province chose to use existing employees-not participate in project. |
|
Limpopo |
1 June 2020 |
|
Free State |
1 June 2020 |
|
Mpumalanga |
1 July 2020 |
|
North West |
1 June and 1 July 2020 |
|
Gauteng |
1 July and 16 July 2020 |
|
Kwa-Zulu Natal |
1 June and 1 July 2020 |
(b) Social Workers have been employed for a period of three (3) months with a monthly remuneration of R6,000.00. It is important for the honourable Member to note that the Provincial Department of Social Development in the Western Cape refused to participate in this programme.
03 September 2020 - NW1505
Mabhena, Mr TB to ask the Minister of Transport
What total number of train stations on each line currently (a) have and (b) do not have functioning electricity?
Reply:
The total number of train stations on each line currently (a) having and (b) not having functioning electricity is as per the table below:
|
Commuter stations per region |
|||
|
Region Name |
(a) Available |
(b) Not Available |
Total |
|
South Gauteng |
63 |
101 |
164 |
|
North Gauteng |
27 |
41 |
68 |
|
KwaZulu Natal |
92 |
10 |
102 |
|
Western Cape |
109 |
15 |
124 |
|
Eastern Cape |
22 |
7 |
29 |
|
|
313 |
174 |
487 |