Questions and Replies

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29 August 2020 - NO10

Profile picture: Mpumza, Mr GG

Mpumza, Mr GG to ask the Deputy President

Given that good relations between national, provincial and local government are essential in order to ensure successful service delivery, what steps has the Government taken to iron out any misunderstanding and/or misinterpretation so that the collaboration and coordination between the three spheres of government is underpinned by the attitudes and values of the developmental approach?

Reply:

A salient feature of our constitutional democracy’s developmental agenda has been adding value to our people’s lives through the effective and efficient delivery of services and development to communities, coordinated across the three spheres of government with the view of maximising impact and creating cohesive and sustainable communities.

Since 1994, there have been several attempts to achieve this through the refinement of legislation, policies and implementation. Despite these attempts, in certain areas misalignment and patterns of working in silos have persisted, often resulting in inefficient patterns of infrastructure investment and blurred lines of accountability, making it difficult for monitoring and oversight of government programmes.

Simply relying on each sphere to align their plans to the others, has not adequately served its purpose in respect to strategic infrastructure investment and planning.

Following several years of implementing programmes aimed at improving service delivery and of maximising the impact of interventions on communities, we can say there are sufficient lessons we have learned that point to a need for more deliberate efforts at collaborating and coordinating across the three spheres of government.

In 2019, President Cyril Ramaphosa launched the District Development Model, which is a practical realisation of our constitutional and legislative obligation to promote a cooperative government as well as provide support and oversight. The District Development Model aims to accelerate, align and integrate service delivery under a single development plan that is developed jointly by national, provincial and local government, as well as, business, labour and communities in each district.

The 44 districts and 8 metropolitan municipalities are meant to serve as development spaces, where the three spheres of government converge through targeted budgeting and a single plan. This would enable municipalities, communities and other key stakeholders to articulate the strategic support required from national and provincial government to improve prioritisation, spatial alignment of investment, and implementation. This signifies a shift from isolated planning and budgeting by the spheres to a practical intergovernmental relations mechanism for all three spheres of government to work jointly and act in unison, whilst creating a conducive environment for other development partners.

The rollout of this model has been informed and grounded by a comprehensive analysis of context, as well as, current and previous initiatives in order to adequately respond to the needs of the districts. Through the Department of Cooperative Governance and Traditional Affairs, much of the focus thus far has been on concluding the process of profiling the 52 district and metropolitan municipalities to aid in crafting of the “One-Plan”, drawing in multi-stakeholders.

This process has now been concluded and in the short-term, will allow for the reprioritisation of budgets to address the gaps identified.

Intergovernmental collaboration and coordination has been a central feature of our response to the COVID-19 pandemic. This period of pandemic response, has effectively necessitated that we urgently rollout the District Development Model. To this end, budgets have had to be reprioritised and members of the Executive who are also District Champions, were dispatched to embark on oversight visits to monitor provincial COVID-19 response plans.

Government is also making use of various other inter-governmental structures and fora to achieve policy coherence across all spheres of government. The President’s Coordinating Council comprising Ministers, Premiers, Executive Mayors, and the leadership of the South African Local Government Association, is one of these intergovernmental structures advancing the culture of co-operative governance and of addressing the lack of synergy between national, provincial and local government by presiding over and setting a mutual agenda for planning, policy making and law- making across the three spheres.

Further, in our delegated responsibilities as the Executive, we are engaged in a number of programmes to assist the President in his efforts to bring about inclusive economic growth and development to our people. These programmes are focused on addressing the multi-dimensions of poverty, and are aimed at ensuring the realization of an improved quality of life of all the citizens.

One such programme is our leadership of the Inter-Ministerial Committee on Service Delivery, which is tasked with providing political oversight and leadership to ensure that key service delivery and development priorities are developed and implemented within the framework of the District Development Model.

Further work is being done through the Eskom Political Task Team to foster co- operation across the spheres in the recovery of municipal debt to Eskom and the recovery of debt owed to municipalities by government departments and organs of state to enable Eskom and municipalities to provide services continuously and sustainably.

These are just some of the deliberate steps taken by government to ensure collaborative and coordinated efforts in the delivery of efficient and impactful services and development to our people.

-End-

28 August 2020 - NW1625

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Van Damme, Ms PT to ask the Minister of Communications

(a) On what number of occasions between 23 March 2020 and 8 June 2020 did she use her official vehicle and (b) what was the (i) reason for her travel and (ii) total distance travelled?

Reply:

Between 23rd March and 7th April 2020,the Minister travelled using her official vehicle as per the dates outlined in the Table A below.

Between 8th April and 8th June 2020, the Minister did not utilise her official vehicle for travel purposes.

TABLE A

Date

(a)

(b)

(c)

23/03/2020

Home to Department of Home Affairs

Conduct interviews

32 km

24/03/2020

Home to office to Union Buildings

Work and attend meetings

21 km

25/03/2020

Home to GCIS

Conduct interviews

16 km

26/03/2020

Home to office

Work

15 km

30/03/2020

Home to Reserve Bank

Attend meeting

22 km

31/03/2020

Home to Laudium, Atteridgeville & Mamelodi SASSA pay-points

Visit and conduct oversight pay-points

98 km

01/04/2020

Home to Union Buildings

Attend meetings

16 km

07/04/2020

Home to MahlambaNdlopfu

Attend meeting

17 km

MS. STELLA NDABENI-ABRAHAMS, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

27 August 2020 - NW1679

Profile picture: Phillips, Ms C

Phillips, Ms C to ask the Minister of Police

What are the full relevant details pertaining to CAS 31/01/2014 which emanates from a complaint that was laid by a certain person (name furnished) at the Swartruggens Police Station regarding allegations of water theft at Polkadraai on 31 January 2014;

Reply:

The complainant, in Swartruggens, CAS 31/01/2014, opened a case of theft of water against the Kgetleng Municipality and the Department of Water Affairs.

The investigation was finalised and the case docket was linked with three other cases, due to the similar nature of the complaints and were referred to the Director of Public Prosecutions (DPP), in Mahikeng, on 13 August 2015, for a decision.

The case dockets were received back, from the DPP, on 13 August 2016, with a directive to obtain additional statements.

On 9 February 2017, the case dockets were referred back to the DPP and received back from the office of the DPP, in August 2020. There are currently two warning statements outstanding, which are in the process of being obtained.


As soon as the two warning statements have been obtained, the case dockets will be returned to the DPP, for a decision on prosecution.

Reply to question 1679 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEDG)
DATE: 2020-08-19

Reply to question 1679 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
DATE: 26/08/2020

Question Asked By: Mrs C Phillips
Question Asked To: Minister of Police

Question:

On 31 January 2014, a complaint was laid for theft of water at Polkadraai by WDF Rochér. The case number being 31/01/2014

Although Mr Rochér has followed up on numerous occasions, it appears that no investigation has been undertaken and no arrests made.


Please can the minister provide any and all information pertaining to this case and give reasons why no arrests have been made.

Contact: Ruan van der Walt (2960 or [email protected])

27 August 2020 - NW1709

Profile picture: Waters, Mr M

Waters, Mr M to ask the Minister of Mineral Resources and Energy

(1) What are the licence conditions between the National Energy Regulator of South Africa Authority (Nersa) and the City of Ekurhuleni (CoE)? (2) whether he will furnish Mr M Waters with a copy of the licence agreement and conditions between NERSA and CoE; if not, what is the position in this regard; if so, on what date? NW2099E

Reply:

 

1. See Conditions of Licence: Section 5 (5.1 – 5.4) as reproduced below.

2. Distribution Licence attached as Annexure “A”.

CONDITIONS OF LICENCE

The licensee shall be bound by the following conditions to this licence:

5.1. LEGAL CONDITIONS

5.1.1 The licensee shall supply electricity within the area of supply mentioned in schedule I below to every applicant who is in a position to make satisfactory arrangements for payment thereof.

5.1.2 The licensee shall not reduce or discontinue the supply of electricity to a consumer unless -

(i) the consumer is insolvent; or

(ii) the consumer has failed to pay the agreed charges or to comply with the conditions of supply and has failed to remedy the default within 14 days after receiving from the licensee a written notice by post calling upon him to do so.

5.1.3 Where the licensee is undertaking an electrification programme which has been approved based on a one year fixed and three year rolling programme in terms of the Integrated National Electrification Programme, the licensee's programme shall set out the approximate dates on which potential consumers will receive their electricity supply, the licensee shall supply electricity to such potential consumers in accordance with the approved electrification plan.

5.1.4 The National Electricity Regulator shall be entitled to settle disputes between the licensee and another supplier, or between the licensee and its consumers or prospective consumers regarding -

i. the right to supply;

ii. the quality of such supply and the provision of services in connection therewith;

iii. the condition on and prices at which electricity is supplied;

iv. the installation and functioning of meters;

v. the suitability of the equipment of the licensee;

vi. delays in or refusal to supply by the licensee;

vii. any other matter in respect of which the licensee or its consumers requests the National Electricity Regulator to act as mediator.

5.1.5 Any decision of the regulator on a dispute as contemplated in 5.1.4 above is binding on the parties to the dispute.

5.1.6. This licence is not transferable without the approval of the National Electricity

Regulator.

5.2. FINANCIAL CONDITIONS

5.2.1 The licensee shall maintain separate electricity distribution business affairs from the licensee's other affairs so that the revenues; cost; assets; liabilities; reserves and provisions for the electricity business are separately identifiable in the books of the licensee from those of any other business.

5.2.2 The licensee shall prepare on a consistent basis from such accounting records in respect of the financial year of the licensee, and each subsequent financial year, accounting statements comprising -

i. an income statement;

ii. a balance sheet.

together with notes thereto, and in appropriate detail the amounts of any revenue, cost, asset, liability, reserve or provision which has been charged from or to any other business together with a description thereof.

5.2.3. The licensee shall annually submit audited copies of such accounting statements to the National Electricity Regulator within 180 days of the end of the licensee’s financial year. This shall include an asset register, purchase value and current value.

5.2.4. The National Electricity Regulator shall determine the prices at which the licensee shall supply electricity to its consumers.

5.2.5. The licensee is not permitted to charge any consumers with other tariffs than those specified in the schedule of approved tariffs set out in schedule 2 hereto, as revised from time to time, without the approval of the National Electricity Regulator.

5.2.6. The licensee shall pay the bulk supplier from whom it purchases its electricity.

5.2.7. Ensure that monies allocated for statutory National Electricity Regulator purposes in the licensees’ budget are utilised for such purposes.

5.2.8. Ensure that electricity tariffs increases are promulgated through appropriate media.

5.3 TECHNICAL CONDITIONS

5.3.1 The licensee shall supply electricity to its consumers in compliance with quality standards/criteria as the National Electricity Regulator may from time to time prescribe. Currently such applicable standards are, NRS 048 and NRS 047.

5.3.2 Prepare and adhere to plans, which protect customers and ensure the effectiveness of the industry such as:

i. Maintenance Schedules;

ii. Standards of Service (NRS 047) and Quality (NRS 048);

iii. enquiries and complaints management;

iv. licence compliance management;

v. consumer/public and staff safety/education; and

vi. system losses reduction.

5.3.3 Explore demand management strategies before augmentingor expanding a distribution system.

5.3.4 Ensure that metering, billing and revenue collection are effective, efficient and accurate.

5.4 GENERAL CONDITIONS

5.4.1 The National Electricity Regulator shall be entitled to collect such information from the licensee or its consumers as it deems necessary.

5.4.2. The licensee shall supply the NER on a quarterly basis with new electrification connections completed during the previous three months, starting in April of each year.

5.4.3. The National Electricity Regulator, or any person authorised by it in writing, may enter upon premises of the licensee and inspect any plant, machinery, books, accounts and other documents found there.

5.4.4. The National Electricity Regulator may call upon the licensee to furnish to it such periodical or other returns in such form as the National Electricity Regulator may from time to time prescribe, and such particulars in respect of the undertaking as the National Electricity Regulator may from time to time demand.

END

27 August 2020 - NW1823

Profile picture: Ceza, Mr K

Ceza, Mr K to ask the Minister of Mineral Resources and Energy

What amount (a) do the residents of the City of Tshwane pay for a kilowatt unit of prepaid electricity and (b)is the metering company paid for each unit sold?NW2218E

Reply:

a)  After consultation with Nersa the following information, relating to the prepaid charge on prepaid electricity was provided:

1.1 Domestic Tariffs

    1. Domestic Standard Supply Single & Three Phase: Conventional & Prepaid

Tariff blocks

c/kWh

Block 1 (0-100 kWh)

170.28

Block 2 (101 – 400 kWh)

199.28

Block 3 (401 – 650 kWh)

217.11

Block 4 (>650kWh)

234.06

 

1.2 Domestic Indigent: Conventional & Prepaid

Tariff blocks

c/kWh

Block 1 (0-100 kWh)

169.89

Block 2 (101 – 400 kWh)

195.43

Block 3 (401 – 650 kWh)

214.42

Block 4 (>650kWh)

228.79

 

1.3 Lifeline: Prepaid

Tariff blocks

c/kWh

Block 1 (0-100 kWh)

169.89

Block 2 (101 – 400 kWh)

195.43

Block 3 (401 – 650 kWh)

214.42

Block 4 (>650kWh)

228.79

1.4 Domestic Three Phase Demand Supply: Convention & Prepaid

Domestic Three Phase Demand Supply

  • Basic charge: R644.89/month
  • Energy charge:130.76c/kWh
  • Demand charge: R120.29/kVA

2. Agriculture and Farm Land: Conventional & Prepaid

2.1 Agriculture Tariffs Conventional

  • Energy charge: 211.21c/kWh

3. Non - Domestic Single - Phase: Prepaid

3.1 Single Phase: Prepaid (≤ 60A)

  • Basic charge: R1 047.12/month
  • Energy charge:181.19c/kWh

3.2 Single Phase: Prepaid (≥ 60A)

  • Basic charge: R1 309.18/month
  • Energy charge: 181.19c/kWh

b) The metro has indicated that it does not pay metering companies for the sale of electricity. However, resellers buy electricity in bulk and resell to their customers.

27 August 2020 - NW1523

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Police

With reference to the undertaking by the Government to place additional police officers at Forest High School in Johannesburg after a stabbing incident, (a) on what date will the officers be placed at the school, (b) what total number of officers will be placed at the school, (c) on which specific locations will the officers be placed, (d) what will be the job description of the specified officers, (e) how will the specified officers be monitored, (I)(i) to whom will the officers report and (ii) how often will the officers report to the specified person and (g) how is the local community involved in this initiative?

Reply:

a) On 1 July 2019, the Forest High School was adopted by the Commander: Visible Policing, Booysens Police Station.

 

(b) Two members of the Social Crime Prevention: Booysens Police Station prioritise the high school with scheduled and unscheduled visits.

 

© Routine patrols are conducted daily by the Sector Manager and police vehicles are deployed, in the vicinity of the Forest High School and surrounding area, to enhance police visibility.

 

(d) The functions include, the searching of identified areas within the school premises, as well as conducting awareness programmes, which include presentations on bullying, sexual offences, as well as drug and substance abuse, with special attention given to identified learners.

 

(e) Weekly and monthly accountability sessions are held with the relevant officers.

 

(f)(i) The relevant officers report to the Station Commander and the Visible Policing Commander, Booysens Police Station.

(f) (ii) The relevant police officers report on a weekly and monthly basis, during the accountability sessions.

 

(g) The Booysens Police Station is in partnership with local security companies and patrollers, who assist with the activities, listed above.

 

Reply to question 1523 recommended

27 August 2020 - NW1800

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Mente-Nkuna, Ms NV to ask the President of the Republic

Whether he has been informed that Andrew Babeile, who was sentenced for stabbing a fellow white pupil after racial violence at his school in Vryburg in 1999, is struggling to secure a sustainable job because of the criminal record he carries; if so, (2) whether his Office has considered giving Andrew Babeile a Presidential pardon, taking into account the (a) circumstances which led to the incident and (b) fact that the magistrate who convicted him was a chairperson of the school governing body that had initially expelled him from the school?

Reply:

The Department of Justice and Correctional Services receives and considers applications forPresidential pardons. The Department undertakes an evaluation of the matter and prepares a recommendation to the President on whether or not it will be in the public interest to grant a pardon. All matters are considered on their own merit and the recommendation is forwarded by the Minister of Justice and Correctional Services to the President.

I have been informed that with regard to the matter of Mr Babeile, the Department of Justice does not have any record of such a matter being received and therefore have not prepared any recommendation for the President in respect of this matter.

Thus, there is no record of any application for pardon received from Mr Babeile and the President is not aware of his circumstances. His matter would be considered by the Department of Justice and Correctional Services upon receipt of a written application.

27 August 2020 - NW1714

Profile picture: Terblanche, Mr OS

Terblanche, Mr OS to ask the Minister of Police

With reference to his department informing the Portfolio Committee on Police during their briefing session on 10 July 2020 that they will no longer be recruiting the additional 7 000 members that the President, Mr M C Ramaphosa, promised during his State of the Nation Address in February 2020, (a) what number of additional members will be recruited and trained during the remainder of the 2020-21 financial year and (b) by what date will the rest then be recruited and trained?

Reply:

(a) and (b)

Following the announcement by the President of the Republic of South Africa (RSA), in his State of the Nation Address, the recruitment of the 7 000 new South African Police Service (SAPS) trainees was at an advanced stage, when the process was suspended, due to the COVID-

19 pandemic and the subsequent regulations/restrictions of social distancing, etc. imposed. The following proposals are currently being considered for the filling of the 7 000 entry level posts, in the 2020/2021 financial year:
o First Intake- 3 000 active serving reservists.

o Second Intake- 4 000 external applicants from communities at large, who applied in September/October 2019, for positions as police trainees, to commence basic training.

In addition to the above, trained and skilled police officers, who left the SAPS honourably, in the rank of Constable, Sergeant and Warrant Officer, have been invited to apply for re-enlistment, on 19 July 2020. These officers will be posted where there is currently a shortage, including specialised units, such as the Family Violence, Child Protection and Sexual Offences (FCS) units and the Public Order Policing (POP)

units, as well as newly established units, such as the Taxi Violence, Cold Case Investigation and Murder and Robbery units.

Reply to question 1714 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEDG)
DATE: 2020-08-19

Reply to question 1714 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
DATE: 26/08/2020

27 August 2020 - NW1680

Profile picture: Phillips, Ms C

Phillips, Ms C to ask the Minister of Police

What are the full relevant details pertaining to CAS 08/04/2014 which emanates from a complaint that was laid by a certain person (name furnished) at the Swartruggens Police Station in terms of section (1)(i) and (j) of the National Water Act, Act 36 of 1998 on 8 April 2014;

Reply:

The case docket, Swartruggens, CAS 08/04/2014, was opened against the Kgetleng Municipality and the Department of Water Affairs, after a damaged pipe caused raw sewerage to flow in the streets, in the business centre of Swartruggens.

The investigation in the case docket was finalised and linked with three other cases, due to the similar nature of the complaints and were referred to the Director of Public Prosecutions (DPP), in Mahikeng, on 13 August 2015, for a decision.

The case dockets were received back from the DPP, on 13 August 2016, with a directive to obtain additional statements.

On 9 February 2017, the case dockets were referred back to the DPP and received back from the office of the DPP, in August 2020. There are currently two warning statements outstanding, which are in the process of being obtained.


As soon as the two warning statements have been obtained, the case dockets will be returned to the DPP, for a decision on prosecution.

Reply to question 1680 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEDG)
DATE: 2020-08-19

Reply to question 1680 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
DATE: 26/08/2020

NATIONAL ASSEMBLY

QUESTIONS FOR WRITTEN REPLY

Question Asked By:

Question Asked To:

Mrs C Phillips Minister of Police

Question:

1.On 08 April 2014, e complaint was laid by FW Kelder in terms of the National Water act 36 of 199B sec (1) (i) and (j). The case number being 08/04/20124


Once again it appears that no investigation has taken place and no arrests made.

Please can the minister provide any and all information pertaining to this case and give reasons why no arrests have been made. (Copies of the document are available)

Contact: Ruan van der Walt (2960 or [email protected])

27 August 2020 - NW1665

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Majozi, Ms Z to ask the Minister of Police

(a) What number of cases of domestic violence involving members of the SA Police Service were recorded in the past year to date and (b) of these cases, what number (i) were murder cases and (ii) led to convictions?

Reply:

(a)(b)((i)(ii) The required information is not readily available. A request is made for an extension, of 14 days, in order to provide the correct and verified information.

Reply to question 1665 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICA POLICE SERVICE
KJ SITOLE (SOEG)
DATE: 2020/08/12

Reply to question 1665 approved/not approved

MINISTER OF POLICE
GENERAL BH CELE, MP
DATE: 26/08/2020

27 August 2020 - NW1682

Profile picture: Brink, Mr C

Brink, Mr C to ask the Minister of Police

Whether dedicated units have been established in the SA Police Service to combat the extortion of construction companies and municipalities by individuals purporting to represent local communities, commonly known as the construction mafia; if not, what is the position in this regard; if so, what resources have been allocated to each unit?

Reply:

There are currently no dedicated units, in the South African Police Service (SAPS), to combat the extortion of construction companies and municipalities. It is currently investigated, within the Organised Crime Investigations of the Directorate for Priority Crime Investigation (DPCI) and the Detective Service. The establishment of extortion teams is currently under investigation and will form part of the Organised Crime Investigation units, when it is approved.

Reply to question 1682 recommended/

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEDG)
DATE: 2020-08-19

Reply to question 1682 approved/

MINISTER OF POLICE
GENERAL BH CELE, MP
DATE: 26/08/2020

27 August 2020 - NW1820

Profile picture: Mthenjane, Mr DF

Mthenjane, Mr DF to ask the Minister of Mineral Resources and Energy

(1) Whether the generation capacity under Eskom will be sold and electricity generation will be opened to the private sector; if not, what is the position in this regard; if so, (2) whether a new company will be created and/or it will happen under Eskom; if not, what is the position in this regard; if so, what will be the role of Eskom? NW2215E

Reply:

 

1. Government does not have intentions or policy to sell Eskom, however, several interventions to date have been undertaken to restore Eskom Balance Sheet, recovery losses and deal with inefficiencies. Establishing a new company will require a review of the current existing legislation, the government and Eskom have focused on seeing through the turnaround strategy of Eskom to see its full implementation. Also, plans are ongoing on the two new build power stations to be fast tracked for the completion and commission. The Government has also allowed for small scale embedded generators to be installed, allowed for procurement of new generation capability under the IPP program. The current Eskom financial burden and the Covid 19 pandemic might delay the recovery. Municipalities will also be allowed to do their own procurement. This is to help with electricity interruptions as the government commitment in ensuring electric supply. The approved IRP acknowledges the need for new additional capability which will be needed and which type of technology.

2. Eskom as a generator can participate in new generation bidwindows to address some of their inefficiencies. In terms of capacity needed going forward,Government has opened the door for Private participants, that include Eskom and private sector is part of the program. Government will continue to look at existing legislation in order to enable Eskom and other stakeholder’s advances in a manner that benefits Eskom, customers and investors.

 

27 August 2020 - NW1335

Profile picture: Julius, Mr J

Julius, Mr J to ask the Minister of Police

What total number of (a) arrests did the SA Police Service make for illegal invasions of land owned by the State and (b) the specified arrests resulted in prosecution in each (i) province and (ii) of the past five financial years?

Reply:

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

The crime, which is registered when an illegal invasion of land occurs, is "trespassing”. The South African Police Service (SAPS) systems do not contain information on whether the trespassing occurred on a private or state owned land. Therefore, the information, which is requested in this question, cannot be provided.

Reply to question 1335 recommended/

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2020/08/13

Reply to question 1335 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 26/08/2020

27 August 2020 - NW1299

Profile picture: Opperman, Ms G

Opperman, Ms G to ask the Minister of Cooperative Governance and Traditional Affairs

(a) What are the full relevant details of the powers of (i) the national and (ii) each (aa) provincial and (bb) local disaster management command council in terms of the relevant statutes and regulations and (b) how do the various disaster management command councils co-ordinate to address a declared disaster?

Reply:

(a) The National Coronavirus Command Council (NCCC) is a subcommittee of Cabinet, chaired by the President. The structuresreplicated across the spheres of government established by Cabinet. The Minister of Cooperative Governance issued directionsto ensure a well-integrated and coordinated planning and response to the COVID-19, these directions provide for the establishment of the provincial and district municipality’s institutional structures with the roles and responsibilities for the Provincial and Municipal Coronavirus Command Councils. These structures are established in line with the Directions (Gazette No. 43147) issued under the Disaster Management Act, 2002.

i/ National

The National Coronavirus Command Council is a structure that is established by Cabinet and chaired by the President. The Office of the Presidency coordinates this structure and not the Department of Cooperative Governance.

ii.Provincial

The roles and responsibilities of the Province include:

  1. Establish the Provincial Command Council
  2. Establish coordinating structures at provincial level to support the national institutional arrangements.
  3. Support the establishment of joint operation centres per district and metropolitan municipality.
  4. Avail resources to supplement the capacity of the joint operation centre or the district disaster management centres.
  5. Monitor the impact of interventions and submit weekly consolidated reports to the national disaster management structures.

iii. Local

  1. Establish the District Command Council with immediate effect.
  2. Establish coordinating structures at municipal level to support the national and provincial institutional arrangements in collaboration with district and provincial administrations.
  3. Participate in joint district and provincial disaster management structures to ensure a coordinated response to COVID-19.
  4. Monitor the progress and impact of interventions in the municipality and submit weekly consolidated reports to the provincial and national disaster management structures.

(b) How do the various disaster management command councils co-ordinate measures to address a declared disaster.

The Coronavirus Command Council’s purpose is to facilitate and support implementation of the measures to combat the spread of COVID-19 pandemic across provinces and districts at political level. There are various structures at both provincial and district levels which reports to the Provincial and District Coronavirus Command Centres on the implementation of interventions and response measures to combat the COVID-19 pandemic.

End.

27 August 2020 - NW1440

Profile picture: Gondwe, Dr M

Gondwe, Dr M to ask the Minister of Police

What (a) measures has he put in place in order to protect frontline Police Officers from contracting Covid-19 and (b) are the budgetary implications associated with the measures implemented in this regard;

Reply:

(1)(a) The measures, which have been put in place to protect the frontline members of the South African Police Service (SAPS), are as follows:

Putting systems and processes in place, by:
The development and implementation of SAPS Protocols on the containment and management of COVID-19, within the SAPS.
The development and implementation of training modules on COVID-19 symptoms, prevention and organisational protocols.
The implementation of the SAPS Infection Control Standard Operating Procedures.

The development of protocols for the decontamination of buildings.

The appointment of a National and Provincial Steering Committees, to oversee COVID-19 activities and implementation of the SAPS COVID-19 protocols.

The procurement of personal protective equipment (PPE), sanitisers and fogging and decontaminating equipment and chemicals for SAPS members, buildings, equipment and vehicles used by SAPS members.

Compiling a resource list of designated hospitals, to handle SAPS member referrals.

The in-sourcing of services, for the disposal of PPEs.


Empowering frontline officers, by:

Training of police officers on COVID-19 symptoms, prevention and management.

Conducting awareness and information sharing sessions at police stations,

roadblocks and other points, which are serviced by SAPS officers. o Training of police officers, on the correct use and disposal of PPEs.

Sharing of information through articles, memorandums and emails, to SAPS members and their families.

Continuous care and support of police officers:
Counselling and care of confirmed positive cases and contacts.

Counselling of family members of members, who tested positive.

Offering advisory services to members, whilst in self-isolation and quarantine.

Assisting SAPS members with placement in isolation and quarantine centres.

Identification of facilities to use as quarantine or isolation sites for SAPS members.

Debriefing of colleagues in cases of confirmed positive cases.

Answering police officers queries and questions, through the COVID-19 Call Centre.

Reasonable accommodation of “vulnerable members”, to ensure their protection and safety.

Developing a rotational schedule, to ensure social distancing and minimise member’s engagement and interaction, within SAPS buildings and workplaces.

Decontaminating of all workplaces and buildings, after confirmed cases.

Continuous sharing of new information, number of cases, new treatment and prevention methods with SAPS members and their families.

Stakeholder involvement and engagement of the following key roleplayers, with regard to SAPS members’ health and wellness, on COVID-19 related issues:

Police Medical Aid Scheme (POLMED).

Government Employee Medical Aid Scheme (GEMS).

Labour Unions- Police and Prisons Civil Rights Union (POPCRU) and the South African Police Union (SAPU).

Department of Health.

Department of Public Works.

(1)(b) An amount of R3,7 billion was allocated to the SAPS, during the 2020 Special Adjustments Estimates, to provide for additional funding for this purpose.


(2)(a) Yes, training was provided, prior to the commencement of the lockdown.

(2)(b) Yes, training was also provided during lockdown. The training was in the form of continuous training on parades and roadblocks, workshops, awareness sessions, counselling and therapy sessions, a national 24/7 operated COVID- 19 hotline and video conferencing. The training entails, inter alia, the following: o The terms of reference for Steering Committees.

Understanding COVID-19 and related terminologies.

Protocols for the containment and management of COVID-19, within the SAPS and the country.

Prevention and protection measures of COVID-19.

Requirements and usage of resources, including PPEs for the prevention and control of COVID-19.

Required registers, related to the management of COVID19 and the completion, thereof.

Precautionary measures during the prevention and control of COVID-19.

Safety Health and Environment (SHE) management:

Sanitisation and decontamination of buildings, offices, cells, etc.

Medical waste disposal.

Reply to question 1440 recommended/

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2020/08/12

Reply to question 1440 approved/

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 26/08/2020

27 August 2020 - NW1622

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Terblanche, Mr OS to ask the Minister of Police

By what date does he envisage that the elite units of the (i) SA Police Service and (ii) Directorate for Priority Crime Investigation will be fully operational following the easing of lockdown restrictions and (b) what measures have been put in place in each case to mitigate the time and resources lost due to the national lockdown to curb the spread of Covid-19?

Reply:

The South African Police Service (SAPS) does not have any units, which are called “elite units”. The only Unit that is elite in nature, as per the competency profile, is the Specialised Task”Force (STF), within the Division: Operational Response Services. The STF is mandated to resolve high risk situations.

(a)(i) The STF remained fully operational during the Coronavirus (COVID-19) National Lockdown.

(a)(ii) The investigative capacity of the Directorate for Priority Crime Investigation (DPCI), remained fully operational during the National Lockdown. However, the lockdown restricted employee movement and calls for social distancing, resulted in investigating officers not being able to effectively communicate with witnesses/informers or effect arrests. The inability to access expertise, such as forensic accountants and any other evidential material, impacted on the finalisation of investigations, although courts have remained partially active, resulting in a further backlog of cases.

The DPCI embarked on the capacitation of its specialised units, but the National Lockdown initially delayed the capacitation process. With the relaxation of lockdown levels, the process to capacitate the DPCI has been reinitiated and


some of the posts are in the process of being finalised, whilst other posts are in the process of being advertised.

Protocols, to manage and contain the spread of the COVID-19 has been implemented and members are operating on a rotational basis. The STF members are continuing to respond to all requests.

In an endeavour to mitigate the time and resources lost, the DPCI has embarked on the use of virtual platforms to engage stakeholders. The staggered return of the Public Service Act (PSA) personnel, who provide administrative support to the operational environment, is being managed by the guidelines, issued by the Department of Public Service and Administration (DPSA), Circular No.18 of 2020: State of Disaster COVID-19: Public Service Return to Work Guidelines, as well as the directive issued by the Department of Health, on 25 May 2020, which guides the management of vulnerable employees and the rotation of personnel. The DPCI has put measures in place that support the implementation to curb the spread of COVID-19.

Reply to question 1622 recommended/

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEDG)
DATE: 2020-08-12

Reply to question 1622 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
DATE: 26/08/2020

27 August 2020 - NW1737

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Ntlangwini, Ms EN to ask the Minister of Police

Whether employees in supply chain management in Silverton were informed that they should not come to the office if they have been in contact with someone who tested positive for Covid-19 and/or have symptoms of the virus; if not, are employees who are awaiting their Covid-19 test results expected to come to work; if so, how was this communicated to employees?

Reply:

Yes, the South African Police Service (SAPS) employees, within the Division: Supply Chain Management (SCM), in Silverton, are constantly being informed that they should not come to the office if they have been in contact with someone who tested positive for COVID-19 and/or have symptoms of the Coronavirus.

The National Commissioner issued a directive, on 7 May 2020, followed by a directive by the Divisional Commiasioner: SCM, on 27 May 2020, emphasising that strict COVID-19 protocols must be followed and that employees are not allowed to report for duty if they have been in contact with someone, who tested positive for COVID-19.

The employees of the Division: SCM are regularly sensitised and informed to adhere to the Protocols of COVID-19. The Divisional Commissioner: SCM acknowledges the seriousness of this pandemic, therefore, strict measures are in place to ensure that all employees and visitors, entering the premises of the Division: SCM, are screened, prior to entering the building, their vehicles are sanitised and they are wearing the compulsory face masks.

Employees who are awaiting their COVID-19 test results, are not expected back at work, until they receive their results and the results are negative.

Reply to question 1737 recommended/

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
DATE: 2020/08/13

Reply to question 1737 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
DATE: 26/08/2020

27 August 2020 - NW1715

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Terblanche, Mr OS to ask the Minister of Police

What (a) has he found will be the effect of (i) the recent early retirement drive, (ii) the normal personnel attrition process and (iii) his department’s inability to fill the additional 7 000 posts promised by the President, Mr M C Ramaphosa, in his State of the Nation Address on 16 February 2018, on the personnel strength of the SA Police Service (SAPS) and (b) strategy does he have to ensure that the SAPS will still be able to fulfil its mandate towards the citizens of the Republic?

Reply:

(a)(i)(ii)(iii)

The effect of the recent early retirement drive, the normal personnel attrition process and the South African Police Service’s (SAPS) inability to fill the additional 7 000 posts, as referred to in the State of the Nation Address, on 16 February 2018, resulted in a decrease of SAPS personnel, from 192 277 to 187 358, in 2019/2020.

(b) The SAPS has the following strategies in place, to ensure that it will still be able to fulfil its mandate towards the citizens of the Republic of South Africa (RSA):

After the announcement and implementation of the early retirement initiative, the Minister of Police approved the early retirement of employees, in phases, from 31 March 2020 to 31 March 2021. Employees, who are the oldest and nearest to the pensionable age, have been allowed to leave the SAPS first. The early retirement initiative supports the current restructuring process within the SAPS, namely to scale down at senior levels and to enhance employment at entry level, as well as to achieve government’s efforts to contain expenditure with anticipated savings on the wage bill.

The attrition of personnel normally occurs at levels, higher than entry level, therefore, the SAPS regularly advertises vacancies for promotion and appointment, to ensure that service delivery is not compromised.
Although the process for the enlistment of 7 000 police trainees was suspended, due to the COVID-1s restrictions, including social distancing, the SAPS is considering the following proposals, to fill the 7 000 posts, in 2020/2021:
The permanent enlistment of an estimated 3 000 active serving reservists, in October 2020.

The enlistment of an estimated 4 000 external applicants, as police trainees, to commence basic training, in January 2021.
Suitable, former police officers, who left the SAPS in the rank of Constable, Sergeant and Warrant Officer, have been invited to apply for re-enlistment. They will be posted where there is currently a shortage of personnel, including but not limited to, specialised units, such as the Family Violence, Child Protection and Sexual Offences (FCS) units, Public Order Police (POP) units, as well as newly established units, such as the Taxi Violence, Cold Case Investigation and Murder and Robbery units.

Reply to question 1715 recommended/

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE
DATE: 2020/08/13

Reply to question 1715 approved/

MINISTER OF POLICE
GENERAL BH CELE, MP
DATE: 26/08/2020
 

27 August 2020 - NW1572

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Maotwe, Ms OMC to ask the Minister of Public Enterprises

What numbers of persons have been appointed at Eskom on the basis of (a) race, (b) position, (c) qualification, (d) salary level, (e) experience and (f) gender since the appointment of the Chief Executive Officer at Eskom, Mr André de Ruyter?

Reply:

According to the information received from Eskom:

As at 13 July 2020, Eskom appointed 139 employeessince the appointment of the Group Chief Executive, Mr André de Ruyter.

The breakdown is as follows:

  • 25 external appointments, of which 18 were T-Systems employees who were transferred into Eskom in accordance to Section 197 of the Labour Relations Act, 1995. Only 7 were true external recruits.
  • 114 were appointed on Fixed Term Contracts.

Annexure A provides details, according to (a) race, (b) position, (c) qualification, (d) salary level, (e) experience and (f) gender.

27 August 2020 - NW1776

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Steenhuisen, Mr JH to ask the President of the Republic

With reference to his reply to oral question 2 on 18 June 2020, (a) why has he not instructed the Government to release the full details of the modelling and assumptions used by it to determine its response to the Covid-19 pandemic and (b) by what date is it envisaged that the full details of the modelling and assumptions will be released?

Reply:

As I indicated in the National Assembly on 18 June 2020, in determining the appropriate response to the global coronavirus pandemic, government has been informed by the advice of scientists, by the experiences of other countries and from the guidance of the World Health Organization and the Africa Centres for Disease Control and Prevention.

In planning its health response, government has made use of the work of the South African COVID-19 Modelling Consortium (SACMC). This is a group of researchers from academic, non-profit and government institutions coordinated by the National Institute for Communicable Diseases.

The SACMC has to date publicly released the following reports:

  • Long-term projections from 6 May
  • Short-term projections from 6 May
  • Short-term projections from 12 June

The reports are available at:

https://www.nicd.ac.za/diseases-a-z-index/covid-19/surveillance-reports.

Ithas also made the model codepublicly available at:

https://sacovid19mc.github.io.

27 August 2020 - NW1545

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Groenewald, Dr PJ to ask the Minister of Police

What steps are being taken by the SA Police Service to control institutions that are accredited to issue firearm competency certificates to ensure compliance with all requirements;

Reply:

  1. The steps, which are taken by the South African Police Service (SAPS), to control institutions that are accredited to issue firearm competency certificates and to ensure compliance with all requirements, are as follows:

o Conducting of annual and ad Doc compliance inspections, at non-official institutions, including firearm training providers, in terms of Section 109 of the Firearms Control Act, 2000 (Act ND. 60 of 2000).

  1. The Minister of Police will decide whether he will make a statement, on this matter.

 

Reply to question 1545 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
DATE: 2020/08/27

Reply to question 1545 approved

MINISTER OF POLICE
GENRAL BH CELE, MP
DATE: 26/08/2020

27 August 2020 - NW1668

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Groenewald, Dr PJ to ask the Minister of Police

What (a) number of persons have been arrested for their involvement in farm attacks since 2010 in each province, (b) are their nationalities, (c) number has been successfully convicted, (d) were their sentences, (e) number has not been convicted and (I) are the reasons that they have not been arrested;

Reply:

(1)(a)(b)(c)(d)(e)(I), (2)(a)(b) and (3)

The required information is not readily available. A request is made for an extension, of 14 days, in order to provide the correct and verified information.


Reply to question 1668 recommended/

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEDG)
DATE: 2020-08-12

Reply to question 1668 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
DATE: 26/08/2020

27 August 2020 - NW1699

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Julius, Mr J to ask the Minister of Police

Whether there are any plans to re-open the Kocksoord Police Station in the Randwest Local Municipality to cater for the rural communities; if not, what (a) are the reasons for the police station not to be re-opened and (b) other plans are in place to ensure the safety of the rural communities affected by the closure of the specified police station; if so, on what date will the specified police station be re-opened?

Reply:

The feasibility study, into the reopening of the Kocksoord Satellite Police Station was finalised with the recommendation that it be re-established, as a Satellite Police Station. The completed feasibility study is currently circulating, for recommendations and a decision.

The re-opening of the Kocksoord Satellite Police Station can only be effected after the approval thereof.

Rural Policing is conducted by the Randfontein Police Station. The police station was issued with a dedicated vehicle for rural safety and the sector patrol vehicle is also utilised, when necessary.

Reply to question 1699 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE
DATE: 2020-08-12

Reply to question 1699 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
DATE: 26/08/2020

27 August 2020 - NW1747

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Singh, Mr N to ask the Minister of Mineral Resources and Energy

(1) Whether his department currently provides free basic electricity under programmes other than the Free Basic Electricity programme; if not, why not; if so, (a) to whom and (b) what are the relevant details; (2) whether the installation and maintenance of electricity prepaid meters would be (a) subsidised or (b) free under certain parameters; if not, why not; if so, (i) under what parameters and (ii) what are the relevant details; (3) whether his department prescribes electricity tariffs and rates to municipalities in order to ensure that the most vulnerable and indigent communities receive free basic electricity; if not, why not; if so, (a) in what manner and (b) what are the relevant details?

Reply:

 

1. The Department have developed a Free Basic Electricity (FBE) Policy which aims to protect the indigents by provision of lifeline tariff to indigent households as part of government initiative of poverty alleviation. The amount of free basic electricity provided is deemed sufficient to provide basic lighting, basic media access, cooking and basic water heating. The following measures are also available to protect the poor:

  • The Department isfacilitating access to electricity through government subsidised Integrated National Electrification Program (INEP) that is improving the quality of life of all citizens through electricity infrastructure and provision of FBE to indigents;
  • Free connections provided to Eskom’s low consumption residential customers;
  • Lower price increases applied to low consumption domestic customers; and
  • Inclining block tariffs (IBT) prescribed in the Electricity Pricing Policy and being implemented by municipalities.

2. Installation and maintenance of electricity prepaid meters is provided by the utility or distribution licence holder.

3. The Free Basic Electricity Policy provide for targeting of indigents or targeted customers by giving them limited free basic electricity. Municipalities develop indigent register or use targeting criteria as prescribed by the Free Basic Electricity. The proposed level of service is for a grid based system for qualifying domestic customers.Terms of use and distribution are different in every Municipality;however, municipalities restrict FBE to a minimum of 50kwh per household per month as prescribed by the policy homes while other Municipalities uses 20 Amps meters as the qualification criteria for Free Basic Electricity.

27 August 2020 - NW1446

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Terblanche, Mr OS to ask the Minister of Police

(a) What has he found to be the reasons for the recent spike in the prevalence of brutal murders in the Republic (i) on farms, (ii) in the rural areas and (iii) relating to gender- based violence, (b) how does he intend to curb the phenomenon and (c) what measures will he put in place to bring the perpetrators to book?

Reply:

(a)The reported crimes, including murder, are captured on and extracted from the South African Police Service (SAPS) Crime Administration System (CAS), using the allocated crime codes. The codes are referred to as the Daily Summary Serious Codes (DSSC) and the crime code allocated to murder, is DSSC 0001. It would be advisable that an unambiguous description of brutality in relation to murder incidents be established, in order to enable a quantitative analysis of these incidents. On registration of any reported crime, the DSSC do not allow for the capturing of additional descriptors, which requires that a qualitative analysis be done to determine the causative factors.


Regarding the crime of murder, for the period, 27 March to 2 July 2020, as extracted from the CAS and attached, as slides one and two, does not show evidence supporting the assertion that there is a spike in the reported incidence of murders across all provinces.

(a)(i)(ii) Farms and rural areas:

The National Rural Safety Priority Committee meets on a quarterly basis, to review all possible farm murders, to determine whether they meet the determined criteria, to be classified as farm murders. The above- mentioned Committee had not yet met when this response was written.


The crimes that are registered on the CAS are allocated case numbers that are specific to the police station and not necessarily to the type of the area.

(a)(iii) Gender-based violence:

Currently, there is no Act relating specifically to gender-based violence (GBV), in the Republic of South Africa, therefore, the SAPS reports on the contravention of the Domestic Violence Act, 1998 (Act No. 116 of 1998). The attached slide number three, provides a synopsis of the violation of the said Act for the period, 27 March to 21 June 2020.

(b)The reviewed Rural Safety Strategy was implemented, on 1 April 2020, with the aim to address rural safety, as an integrated day-to-day policing approach, by creating a safe and secure rural environment. The purpose of this Strategy, is to provide direction and guidelines, to create safety and security in the rural environment, in support of ensuring a better life for all.

In addition to the implementation of the Rural Safety Strategy, the Community Policing Strategy has been implemented, to ensure an integrated approach, to encourage and mobilise available resources across all sectors, including those directly involved in law enforcement and safety and security. The key feature of the Community Policing Strategy is the Community in Blue Concept, which focuses on increasing local community participation in social crime prevention and environmental design initiatives, institutionalise community participation in crime prevention, collaborate with the SAPS in increasing visibility and operational capacity and enhancing community-based intelligence. Furthermore, the Traditional Policing Concept was approved for implementation to stimulate active community involvement, in the fight against crime in rural areas.

The purpose of the Integrated Sexual Offence and Gender-based Violence Strategy, is to ensure an integrated, multidisciplinary approach to addressing GBV.

Operationally, stabilisation and high density basic policing interventions are implemented in all provinces, in accordance with prevailing crime trends. The stabilisation and high density basic policing interventions are complemented by normalisation interventions such as:

Community engagements by the Minister and police leadership, in all provinces, during the festive season.

O Community awareness programmes.

O Youth crime prevention projects.

O Implementation of the Community-in-Blue Concept (patrolling streets).

Intensified police visibility during national operations. A Reservist call-ups.

The enforcement of the Liquor Act.

Weekly compliance inspections at liquor outlets.

Intensified social crime prevention campaigns (drugs and substance abuse, dangerous weapons, sexual offences, etc.).

(c) The Detective Service will continue to apply all relevant investigative techniques, to ens’ure that perpetrators of crime, are brought to book.


Reply to question 1446 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2020/08/12

Reply to question 1446 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 26/08/2020

Find here: Murder Daily Analysis

27 August 2020 - NW1582

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Whitfield, Mr AG to ask the Minister of Police

What number of DNA samples received from (i) D1 Adult Sexual Assault Evidence Collection kits and (ii) D7 Paediatric Sexual Assault Evidence Collection kits (aa) have not been analysed by the National Forensic Science Laboratories (NFSL) and (bb) were contaminated during analysis at the NFSL in the 2019-20 financial year and (b) what are the further relevant details in this regard?

Reply:

(a)(i)(ii) The packaging of the D1 Adult Sexual Assault Evidence Collection kits and the D7 Paediatric Sexual Assault Evidence Collections, contain different utensils, such as, evidence sealing bags, J88 forms and the collection of forensic eviclence forms, etc. The Biology Section of the South African Police Service (SAPS) Forensic Science Laboratory (FSL), receives the collected evidence with samples, for analysis purposes. The FSL does not register and keep track of the type of evidence collection kits received and thus cannot distinguish between the D1 Adult Sexual Assault Evidence Collection kits and D7 Paediatric Sexual Assault Evidence Collections.

(aa) On 20 July 2020, the number of deoxyribonucleic acid (DNA) samples received and still in the process of being analysed, was as follows:

Eastern Cape: DNA Analysis Laboratory

1 079

Gauteng/Head Office: DNA Analysis Laboratory

12 030

Western Cape: DNA Analysis Laboratory

4 014

KwaZulu-Natal: DNA Evidence Recovery Laboratory

896

Total

18 019

(bb) Based on the Quality Management System, in accordance with the International Organisation for Standardisation (ISO) 17025: Quality Control Principles, a total of 52 DNA samples were identified as contaminated, during the processing of the samples, in 2019/2020.

The FSL registers a non-conformance for all samples that have been contaminated. In line with the requirements of the ISO-17025, a root cause analysis is performed and corrective action identified, to prevent or minimise possible future reoccurrence. The table below, reflects the details, with the regard to the 52 DNA samples, mentioned above:

DNA finding report issued , due to the availability of additional exhibit material

Reference

Area of contamination

No result reported in cases additional due to the non- availability of exhibit material

Ref NC 19/04/19 (two cases)

Ref NC 10/06/19 (one case) Three cases involved

No result could be reported

Sample submissions. The

contamination was due to the manner, in which the samples were processed.

ex

DNA finding report issued , due to the availability of additional exhibit material

NC 08/04/19 (two cases)

 

NC 13/04/19 (two cases)

 

NC 15/04/19 (two cases)

 

NC 19/04/19 (two cases)

 

NC 24/04/19 (two cases)

 

NC 02/05/19 (two cases)

 

NC 03/05/19 (two cases)

Sample submissions. The

NC 07/05/19 (two cases)

contamination was due to the

NC 10/06/19 (nine cases)

manner, in which the samples were

NC 01/07/19 (two cases) NC 02/07/19 (two cases)

processed.

NC 03/07/19 (four cases)

 

NC 09/07/19 (two cases)

 

NC 10/11/19 (two cases)

 

NC 06/02/20 (two cases)

 

39 cases involved

 

NC 11/04/19 (one case)

Evidence recovery and sample processing. The contamination was due to the ma e

samples were handled.

NC 20/04/19 (one case)

 

NC 08/06/19 (one case)

 

NC 02/01/20 (one case)

 

Four cases involved

 

NC 03/06/19

Two cases involved

Tissue isolation laboratory. The contamination was due to utensils not properly sanitised.

DNA finding pending, on receiving retake of buccal samples

NC 06/06/19 (one case ) NC 07/06/19 (one case)

NC 12/06/19 (one case) NC 13/06/19 (one case) Four cases involved

Collection/submission step of buccal samples. The contamination was due to the manner, in which the samples were handled.

A summary of the interventions and quality control implemented, for the 52 DNA samples that were identified as contaminated, is reflected in the table below:

Finding

Intervention

Quality control measures

In 49 of the 52

cases, additional samples (uncompromised) were available to process and provide the DNA

findings.

An investigation

was conducted in respect of each contamination, to determine the root causes and corrections to be made.

A risk assessment was done to

determine all risks within the area where the contamination occurred.

Daily monitoring of the risks has been implemented and trends in

this area, is closely monitored.

Reply to question 1582 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
DATE: 2020/08/18=9

Reply to question 1582 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 26/08/2020

27 August 2020 - NW1489

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Whitfield, Mr AG to ask the Minister of Police

With reference to the recruitment of SA Police Service (SAPS) trainees, (a) will recruitment proceed in the 2020-21 financial year, (b) have all applicants been personally informed of the reasons for any delays and (c) to what extent has Covid-19 affected the graduation of SAPS trainees in the 2019-20 financial year?

Reply:


The training of new recruits, involves extensive physical contact and with the current COVID-19 Regulations in place, such as social distancing, restriction/suspension of large gatherings/meetings, etc, it will, therefore, not be possible to subject new recruits to the basic training curriculum, without increasing the risk of exposing them to being infected with COVID-19. The South African Police Service (SAPS) Recruitment Plan is being reviewed to ensure compliance with these regulations and it will be premature at this stage to make any pronouncements, whether the recruitment/training will proceed, in the 2020/2021 financial year.

Following the declaration of a National State of Disaster and the nationwide lockdown, by the President of the Republic of South Africa (RSA), communication pertaining to the recruitment process in the SAPS, was addressed through a media briefing by the SAPS, in March 2020 and again, in July 2020. It was announced to the nation that the SAPS, 2020 Police Trainee Intake, was suspended until further notice, due to the COVID-19 Pandemic and as a result, each applicant in the process was not personally informed of any delays. The SAPS received half a million applications for recruitment and it will not be possible to inform each applicant individually.


The trainees who were recruited, in the 2018/2019 financial year, attended a passing out parade, in the 2019/2020 financial year (during December 2019) and the graduation was not affected by COVID-19.

Reply to question 1489 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
DATE: 2020/08/12

Reply to question 1489 approved

MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 26/08/2020

26 August 2020 - NW1506

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Brink, Mr C to ask the Minister of Finance

(1)With reference to the information that has to be reported to him in terms of Chapter 13 of the Local Government: Municipal Finance Management Act, Act 56 of 2003, (a) for which of the municipalities in the Free State did the Municipal Financial Recovery Service prepare mandatory financial recovery plans (MFRS) since 1 July 2016 and (b) on what date (i) was each financial recovery plan adopted and (ii) did he last receive a progress report from the Member of the Executive Council (MEC) of finance and/or the MEC for local government in the Free State in respect of the municipality terms of section 147(1)(b)(ii); (2) Whether he has found that each specified municipality is currently implementing its financial recovery plan as required and/or expected by him and/or the MFRS; if not, what is the nature and extent of each municipality’s breach of its financial recovery plan; (3) Whether each municipality has successfully completed any financial recovery plan prepared for it as contemplated by section 148(2); if not, why not; if so, what are the relevant details. (4) Whether he and/or the MFRS have had any discussions with the Minister of Cooperative Governance and Traditional Affairs regarding each municipality; if not, why not; if so, what were the outcomes of such discussions?

Reply:

1. To date, only one mandatory financial recovery plan has been prepared for a municipality in the Free State Province. This plan was prepared for the Mangaung Metropolitan Municipality in terms of mandatory intervention invoked in December 2019 in terms of S139 (5)(a) and (c) of the Constitution. The draft financial recovery plan has been approved by the Minister of Finance on the 6th of July 2020 and is in the process of consultation and approval as per the requirements of the Municipal Finance Management Act, 2003.

All other interventions initiated in the Free State Province have been initiated as discretionary interventions by the Provincial Executive. Details pertaining to these interventions are outlined in the table below:

Municipality

Date of FRP Adoption / Indicated on front page of FRP

Last FRP Report Date from Municipality

Masilonyane Local Municipality

December 2017

June 2020

Mafube Local Municipality

October 2017

No report

Nketoana Local Municipality

November 2016

June 2020

Phumelela Local Municipality

July 2017

June 2020

Maluti A Phofong

August 2018

Intervention has been withdrawn by Province

2. No, municipalities are not implementing financial recovery plans as required.

The nature and extent of breaches are generally consistent amongst municipalities. The most common issues identified by the Municipal Finance Recovery Service Team include:

  • Poor quality and consistency of reporting;
  • Non-compliance with reporting timeframes requiring consistent follow-ups before reports are submitted;
  • Regression in reporting content and implementation of activities;
  • Repetition of comments on the FRP status progress update;
  • No progress reporting at all on some strategies;
  • Key activities are not finalized even though the due dates have long passed;
  • Slow implementation of activities;
  • Poor accountability for the financial recovery plan by municipal officials;
  • National Treasury inputs on the implementation and progress reports are generally ignored.

3. No municipality is currently under an approved mandatory financial recovery plan and therefore this is not applicable.

4. No, discussions were not held with the Minister for Cooperative Governance regarding each of the municipalities under intervention in the Free State Province. In terms of the Constitution, the Department of Cooperative Governance oversees discretionary interventions in terms of S139 (1) of the Constitution. The MFRS unit does oversee the process in terms of monitoring the financial recovery plans in place in the Province and in this way maintains oversight of the financial aspects relating to the intervention process in the Free State Province.However, in the case of the Mangaung Metro, the intervention was jointly launched by the Deputy Ministers for Cooperative Governance and Finance. A War Room jointly chaired by the National Treasury, the Provincial Department of Cooperative Governance and the Provincial Treasury oversees the process on behalf of the Provincial Executive who monitors progress on a quarterly basis and reports to the two Deputy Ministers.

26 August 2020 - NW630

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Nolutshungu, Ms N to ask the Minister of Transport

Whether he has found that his visits that resulted in the gathering of crowds at taxi ranks (a) were in contravention of the regulations to prevent the spread of COVID-19 and (b) put the lives of commuters at risk who may have been infected by the coronavirus; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. In respect of the intervention made at the Noord Taxi Rank, it is important that I give context to my response and to also thoroughly explain the circumstances so my answer can be appreciated within this context.

1.1 Regulation 11B(1)(a)(i) of the Disaster Management Act 2002; Amendment of Regulations issued in terms of section27(2) (the Regulations) states;

‘11B. (1) (a) For the period of lockdown-

(i) Every person is confined to his or her place of residence, unless strictly for thepurpose of the performing an essential service, obtaining an essential good or service, collecting a social grant, or seeking emergency, life-saving or chronic medical attention Emphasis added.

1.2 Category B, item 26, of Annex B to the Regulations lists as an essential service:

Services rendered by the Executive, members of Parliament, Members of the Provincial Legislature Members of Local Councils, the Judiciary, Traditional leaders, and National Office Bearers of Political Parties represented in Parliament Emphasis added.

1.3 Accordingly, during the national lockdown, I am obliged to continue rendering my services and performing my duties as Member of Parliament and of the Executive, particularly in the fight to prevent or limit infections, transmissions and the spread of the Covid-19 virus, which has been declared a global pandemic by the World Health Organization.

1.4. Consequently, on 26 March 2020, I caused to be issued Directions in terms of Regulations 10(7) of the Regulations (the Directives). Given that the COVID-19 pandemic is a moving target, the Directives were amended on 31 March 2020. The aforementioned amendment to the Directives caused much unhappiness and ructions in the taxi industry which was likely to result in nationwide protests.

1.5 As the sitting Minister of Transport, part of my duties aforesaid is educating inter alia the taxi(namely; associations, owners, drivers and queue marshals)and public commuters about the Regulations and the Directives insofar as they relate to the industry in the fight to prevent or limit infections, transmission and the spread of the COVID-19 virus. Covid-19 has been declared a pandemic by the World Health Organization. The fight against it is not only a national but global duty. The honorable member cannot deny the importance and prioritization of his fight.

1.6 It has been widely publicized that the industry, which is obviously a major risk environment for infection, transmission and spreading of the virus was at the beginning of the national lockdown and has continue to be one of the main problem industries in the adherence to the Regulations and the measures put in place by the Government in the fight against pandemic. Consequently, the persistent and continued education of the taxi industry and commuters was identified as essential and a priority by Government, in particular the Ministry of Transport, of which I’m its head.

1.7 As Minister of Transport, I was alerted to overcrowding which was taking place in and around Noord taxi rank in Johannesburg Central Business District (the Taxi Rank) in contravention of the Regulations and the Directives, and which most concerning carried the real possibility of undoing the Governments’ efforts in the fight the pandemic. In response to this emergency.I urgently attended at the Taxi Rank to inter alia investigate the situation and to inform and educate the taxi industry and commuters about the reasons and rational behind, and the actual, measures that they must adopt in terms of the Regulations and Directives in the fight against the pandemic, being the prevention or limitation of the rate of infections, transmission and the spread of the virus.

1.8 Upon my arrival, I observed, with despair and concern, a number of contraventions of the Regulations and the Directors in and around the Taxi Rank by members of the taxi industry, commuters and general members of the public.

1.9 Consequently, exercising my duties as Minister of Transport, I inter alia gave an address to inform and educate the members of the taxi industry, commuters and general members of the public about the reasons and rational bind, and actual, measures that they must adopt in terms of the Regulations and Directives in the fight against the pandemic, being the prevention or limitation of the rate of infections, transmission and the spread of the virus. It will be noted from the video footage of my address which is publically available that there were also members of South African Police Services and The Johannesburg Metropolitan Police Services in attendance. What is more, residents of the buildings in the surrounding area also came out onto their balconies to listen to my address.

1.10 Since my address, the taxi industry and commuters have significantly improved their adherence to the Regulations and Directives. I had also requested the Mayor of Johannesburg and a Member of the Executives at Local Government level who is also declared an essential worker in line with the regulations to accompany me as these commuters and residents of his city.

2.

2.1 In light of the above, it is clear that I did not, nor did I intend to, contravene the Regulations, particularly regulations 11B.(1)(a)(ii)

2.2 The Honourable member’s assertions in the question that I contravened the Regulations when he made the address in the circumstances referred to above are not only incorrect but also reflective of wrong observations.

2.3 I have remained fully committed to complying with Regulations and the fight against infection, transmission and spread of the COVID-19 virus. I’m heartened by the millions of South Africans who are complying with the Regulations

2.4 I believe that all of us will meaningfully join the Government’s efforts in the aforesaid fight spread of other members of society focusing on derailing or destructing members of our society, the South African Police Services and the Executive who are at the forefront of fighting the pandemic.

26 August 2020 - NW1023

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Hunsinger, Dr CH to ask the Minister of Transport

Whether, with the Covid-19 demanding that we do things differently such as being more hygienic, his department has a plan to move towards cashless transactions for public transport; if not, why not; if so, (a) what are the plans and timelines for the implementation of the plan and (b) how will the plan be funded?

Reply:

The Department has commenced with the exploratory work towards a Public Transport Mobility Account that will operated with an Integrated Ticketing System based on cashless system. SANRAL is being engaged to be a lead agency to work on the modalities of this. Initial conceptualization is illustrated in the two tables below;

Diagram No.1

Diagram No.2

26 August 2020 - NW1410

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Joseph, Mr D to ask the Minister of Agriculture, Land Reform and Rural Development

Whether she intends to introduce amending legislation to allow for the suspension of section 25(7) of the Constitution of the Republic of South Africa, 1996, to make provision for the dispossessed property of Khoisan communities prior to 19 June 1913; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

THE MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT:

No, the Minister does not intend to introduce legislation to allow for the suspension of section 25(7) of the Constitution of the Republic of South Africa, 1996 to make provision for the dispossessed property of Khoisan communities prior to 19 June 1913. The Minister is of the view that any legislation that seeks to suspend or amend any section of the Constitution must be introduced by a committee of Parliament as contemplated in section 73(2) read together with section 74 of the Constitution. However, in redistributing land to communities in general, the Minister is not limited by the 19 June 1913 date applicable to restitution in terms of section 25(7) of the Constitution.  

26 August 2020 - NO368

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Cardo, Dr MJ to ask the Minister of Employment and Labour

What (a) number of active legal cases are currently open against the Compensation Fund for outstanding compensations due to medical service providers and (b) is the total value of the outstanding payments?

Reply:

There are currently 17 active legal cases currently open against the Compensation Fund for outstanding compensations due to medical service providers. The total value of the amounts payable will be determined by the courts.

26 August 2020 - NO360

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Waters, Mr M to ask the Minister of Employment and Labour

Whether he has received the correspondence from Mr M Waters regarding an outstanding amount owed by the Workmen’s Compensation Fund to the Edenvale Child Welfare; if not, what is the position in this regard; if so, by what date does he intend to respond to the specified correspondence?

Reply:

Yes. The corresponded was responded to Directly to Edenvale Child Welfare on 11 December 2018 and 1 September 2019.

The records of the Compensation Fund show that the Edenvale Child Welfare owes an amount of R34 881.29 to the Compensation Fund as at

19/08/2020. The assessments for assessment years 2011; 2017; 2018 and 2019 are paid in full.

The total outstanding balance is detailed in the table below.

Assessment Year

Invoice Amount

2009

4 771.41

2010

3 471.05

2012

3 847.01

2013

3 988.83

2014

4 316.98

2015

4 470.64

2016

4 064.72

Total penalty and interest on late payment charged

5 950.65

Total outstanding as at 19/08/2020

34 881.29

Their request to waver assessments and penalties was not approved by the CF. In the correspondence with the Edenvale Child Welfare, options for repayment of the outstanding monies are provided.

26 August 2020 - NO343

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Ntlangwini, Ms EN to ask the Minister of Employment and Labour

What (a) number of cases has his department detected of employers who claimed from the Unemployment Insurance Fund on behalf of employees, but did not pay their employees what was due to them and (b) action has his department taken against the employers?

Reply:

1. The number of cases that have been detected of employers who claimed from Unemployment Insurance Fund (UIF) on behalf of employees but did not pay their employees what was due to them is 38

2. These cases were subjected to investigation. In 11 of them investigation has been completed. We also came up with the action that we termed ‘Follow The Money’ with its objective of conducting audit on all the payments. Again, the Department and UIF have worked through the Fusion Centre with other government departments, agencies and databases to close gaps and eliminate risks. The Fusion Centre is a combination of law enforcement agencies which is intended to speed up investigation and prosecution of COVID-19 related fraud and corruption cases.

1

25 August 2020 - NW1389

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Luthuli, Mr BN to ask the Minister of Tourism

What scientific backing went into the decision to reopen cinemas and casinos during the Covid-19 pandemic?

Reply:

As Honorable member would know, cinemas fall under the mandate of the Department of Sport, Arts and Culture.

As for the reopening of casinos, it was informed by the stringent preventative protocols developed by the casino industry, which were deemed adequate to prevent the spread of infections from a health point of view. These included adequate social distancing and spacing between machines, wearing of masks, frequent sanitization, different entrances for staff and patrons, screening of patrons and staff, keeping a register, arrangements for isolation room where necessary, booking of slots before arrival, and mainly working with membership based clientele amongst others.

25 August 2020 - NW1460

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Luthuli, Mr BN to ask the Minister of Cooperative Governance and Traditional Affairs

(1) Whether the Covid-9 pandemic has impacted some critical vacancies in her department; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

There has been no negative impact on the Department’s ability to fill critical vacancies. The Department has been able to continue with the appointment in critical vacancies.

End.

25 August 2020 - NW1456

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Groenewald, Mr IM to ask the Minister of Tourism

(1)Apart from the R200 milion relief fund for the tourism industry, what other measures, programmes and/or initiatives are being put in place to assist the tourism industry; (2) which of these measures, programmes and/or initiatives do not have broad-based black economic empowerment accreditation requirements in order to qualify; (3) whether she will make a statement on the matter?

Reply:

1. Apart from the Tourism Relief Fund what other measures, programmes and/or initiatives are being put in place to assist the tourism industry.

Apart from the Tourism Relief Fund, the Department has established a Tourist Guides ReliefFund for which a R30 million budget has been set aside to provide relief to freelance tourist guides.

The tourism sector, like all other industries and sector of the economy alsohas access to other forms of Covid-19 financial relief measures such Tax Relief fromSouth African Revenue Services (SARS), Temporary Employee Relief Scheme (TERS) or Unemployment Insurance Fund (UIF) Covid-19Relief Benefit from the Department of Employment and Labour; and the National Treasury’s R200 billon Credit Guarantee Scheme.

2. Which of these measures, programmes and/or initiatives do not have broad-based black economic empowerment accreditation requirements in order to qualify.

N/A

3. Whether the Minister will make a statement on the matter.

The Minister and/or departmenthas made public statements in relation to the relief measures that are provided by the department.

25 August 2020 - NW1730

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Van Dyk, Ms V to ask the Minister of Cooperative Governance and Traditional Affairs

With reference to her reply to question 794 on 18 May 2020, why is she unable to provide the information as to whether councillors who resign, informs her department of such resignations?

Reply:

  1. No.

When a person resigns as a councillor, he or she may submit their resignation to the municipality or to the political party to which the councillor may belong, for the party to then facilitate the submission of the resignation to the municipality, where after a vacancy is declared.

End.

25 August 2020 - NW1288

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Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

Whether, since her reply to question 392 on 1 August 2019, she has made any attempts to obtain the requested information since 2 August 2019, if not, what is the position in this regard; if so, (a) what are the details of the attempts, including emails, meetings and telephonic correspondence and (b) why has she failed to provide the requested information to date?

Reply:

When the reply to Parliamentary Question 2019/392 was submitted, responses received were from Gauteng and the North West provinces; a response from Limpopo was still outstanding. Limpopo province submitted additional information on 19th August 2019.

The Department continued to engage the Limpopo province requesting progress on all forensic investigations, including the Venda Building Society Mutual Bank (VBS) cases. The province submitted a progress report on forensic investigations in January 2020.

a) Engagements with the province and law enforcement agencies on VBS cases were executed through email and telephonic correspondence.

b) Additional information on VBS cases was provided through follow-up PQ2019/392 where progress from the province was included. Further, the progress report received from the province in January 2020 formed part of the report presented to the Portfolio Committee on Co-operative Governance and Traditional Affairs in March 2020 on forensic investigations in general.

End.

25 August 2020 - NW1761

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Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

Whether, since her reply to question 312 on 19 March 2020, she has made any attempts to obtain the requested information; if so, (a) what are the relevant details of the specified attempts, including emails, meetings and telephonic correspondence and (b) why has she failed to provide the requested information to date?

Reply:

a) The official resigned from the post of Director-General with effect from 30 December 2019.

b) No severance/ and /or settlement agreement was paid.

c) No amount was paid in lieu of the specified official serving the balance of the employment agreement.

d) No performance bonus was paid to the official.

End.

25 August 2020 - NW1813

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Komane, Ms RN to ask the Minister of Cooperative Governance and Traditional Affairs

How will the comprehensive redesign of the Community Works Programme of her department support the skills of the labour force in a manner that contributes to the competitiveness of the South African economy and create sustainable decent employment?

Reply:

The redesign of the implementation model for the Community Work Programme (CWP) is aimed at achieving operational efficiencies and enhance development effectiveness. The redesign will contribute towards remodelling service delivery by refocussing the nature of useful work towards economic generating activities and those with a potential to contribute to youth employment. In this instance, business models will be explored that promote small business development opportunities for the youth. Emphasis will be on the formation of Cooperatives and training them to be viable and sustainable.

Through a partnership with the Municipal Infrastructure Support Agent (MISA), the participants will conduct useful work activities supporting infrastructure maintenance with technical oversight provided through MISA engineers.

Participants will acquire critical skills that have the potential to open other livelihood opportunities as they get trained as Artisans, Plumbers, Carpenters etc. The objective is to enhance the employability and self-employment prospects for the youth beyond the CWP.

A redesigned CWP will put emphasis on value-add with regard to training and links will be established with SETAs, TVET colleges and Universities by ensuring that training provided not only assist in improving the quality of useful work performed at site level, but that it contributes towards inclusive growth by equipping participants with skills that empowers them to either enter the formal economy or to be self-employed. Preference is given to women, youth and people with disabilities.

End.

25 August 2020 - NW1815

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Thembekwayo, Dr S to ask the Minister of Human Settlements, Water and Sanitation

(a) On what date will her department assist the child-headed household at 4607 in Extention 6, Lekwa, Standerton Township in Mpumalanga, that lost a house and everything in it due to a fire that broke out, with offering the children a temporary shelter and (b) by what date will her department rebuild the house that burnt down?

Reply:

(a)&(b) Honourable Member, my Department has informed me that it has conducted a site visit to verify the nature and extent of the damages at the said household. It is liaising with the Lekwa Local Municipality to ensure that the affected household is promptly provided with temporary shelter through its Municipal Relief Programme.

Further, upon finalization and approval processes, a house shall be allocated to the affected household on Stand No. 4607, Ext 6 Sakhile under the project (E19100002) which is currently undertaken by a contractor appointed to construct 200 housing units in the area. On approval, the contractor shall be given one calendar month to complete the house.

25 August 2020 - NW1289

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Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

(a) What are the details of the process that needs to be followed by any municipal council when investigating allegations of serious financial misconduct against a municipal manager and (b) on which statutory provisions should they rely in this regard; (2) whether she will issue a circular to provincial departments responsible for cooperative governance and traditional affairs to clarify (a) the relationship between the Disciplinary Regulations for Local Government Senior Managers based on the Local Government: Municipal Systems Act, Act 32 of 2000 and the Municipal Regulations on Financial Misconduct Procedures and Criminal Proceedings based on the Local Government: Municipal Finance Management Act, Act 56 of 2003, and (b) in which circumstances each is to be applied?

Reply:

1. (a) Regulations 5 and 6 of the Municipal Regulations on Financial Misconduct Procedures and Criminal Proceedings (“Municipal Financial Misconduct Regulations”)prescribe that the following processes be followed by a municipal council when investigating allegations of financial misconduct against a municipal manager:

(i) A municipality or municipal entity must develop terms of reference for an investigation within seven days of receipt of a referral from a disciplinary board for approval by council or board of directors.

(ii) A disciplinary board must conduct a preliminary investigation to determine whether or not the allegation is founded and make a recommendation to council or board of directors as to whether sufficient grounds exists to warrant a full investigation into the allegation.

(iii) If the disciplinary board determines that the allegation is founded, a full investigation must be conducted by:

a) disciplinary board;

b) provincial or national treasury;

c) appropriate specialist expertise and who is not an official of the municipality or municipal entity; or

d) an independent team of investigators appointed by council or board of directors

(iv) After completion of a full investigation, the investigator must:

a) compile a report on the investigation.

b) submit a report to the mayor or chairperson of the board of directors and the accounting officer together with its findings and recommendations regarding disciplinary steps that should be taken against the alleged transgressors, if applicable; and

b) immediately inform the speaker of council of the submission of the report and submit a copy of the report to the provincial treasury and the national treasury.

(v) The mayor, speaker, accounting officer or chairperson of the board of directors must table the report of the investigation to council or board of directors at the first sitting after the report is finalised.

(vi) If the report that is tabled before council or board is amended, the person tabling the report must provide written reasons for the amendments to council or board.

(vii) If the findings or recommendations of the report are rejected by council or board, reasons for rejection must be provided to the investigator within five days of rejection.

(viii) Where the recommendations of the report regarding disciplinary steps against the alleged transgressors are not implemented, the investigator must notify the provincial treasury and the national treasury for a possible intervention in terms of regulation 19 of the Municipal Financial Misconduct Regulations.

(ix)If the investigator recommends that disciplinary proceedings be instituted against the alleged transgressor, council or board of directors must by way of resolution institute the disciplinary proceedings.

(b) The provisions as contained in the Municipal Financial Misconduct Regulations made in terms of the Municipal Finance Management Act, 2003 take precedent in relation to investigations of serious financial misconduct.

2. (a) No. The Municipal Systems Act Disciplinary Regulations and the Municipal Finance Management Act Municipal Financial Misconduct Regulationswere enacted into law following comprehensive consultations with the provincial treasuries, provincial departments responsible for local government and municipalities and therefore there is no evidence that municipalities confuse the relationship between the two set of regulations.

(b) The Municipal Financial Misconduct Regulations deals with reporting and investigation of financial misconduct, including criminal offences while the Municipal Systems Act Disciplinary Regulations prescribe procedures for the institution of disciplinary proceedings against municipal managers. Therefore, the two set of regulations are complementary and applied concurrently to the extent required.

End.

25 August 2020 - NW1660

Profile picture: Mohlala, Ms MR

Mohlala, Ms MR to ask the Minister of Cooperative Governance and Traditional Affairs

What measures will her department implement to ensure that there is consequence management in the Sekhukhune District Municipality, where the Auditor-General’s report revealed that the Executive Mayor and a councilor are doing business with the specified municipality without declaring any interest? NW2050E

Reply:

We requested the Province to investigate the matter and report back.

End

25 August 2020 - NW1406

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Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

What did she mean when she referred to cadres and cadre deployment in respect of her remarks to get the right cadre for the job (details furnished), (b) how does she reconcile such a policy with sections 195(1) and 197(3) of the Constitution of the Republic of South Africa, 1996, and section 6 of Annexure A, Part II of the Local Government: Disciplinary Regulations for Senior Managers of the Municipal Systems Act, Act 32 of 2000, and (c) which (i) policy, (ii) statutory and (iii) constitutional provisions does she rely on for making such appointments in the Public Service?

Reply:

a) Appointments of municipal staff are done within the ambit of the law. Section 82 of the Local Government: Municipal Structures Act, 1998 read together with section 56 of the Local Government: Municipal Systems Act, 2000 prescribe that a person appointed as a municipal manager and manager directly accountable to municipal manager must have the relevant skills and expertise to perform the duties associated with that post. My sentiments find expression in these legislative provisions.

b) The appointment of the candidates with the relevant skills and expertise will enable municipalities to build the requisite skills, capacity and capabilities to perform their functions, promote efficient, economic and effective use of resources and accountable local public administration in line with the democratic values and principles governing Public administration as enshrined in section 195(1) of the Constitution of the Republic of South Africa, 1996 (“the Constitution”).

c) The authority to employ personnel in local government vests in the municipal council in terms of section 160(1)(d) of the Constitution of the Republic of South Africa, 1996, but only subject to national and provincial legislation. As regards the appointments, municipalities relies on the following applicable pieces of legislation, statutory frameworks and policies governing local public administration and human resources:

(a) The Constitution of the Republic of South Africa, 1996;

b) The Local Government: Municipal Structures Act, 1998;

c) The Local Government: Municipal Systems Act, 2000 (Act (‘‘the Systems Act’’) and the following regulations promulgated in accordance with section 72 of the Systems Act:

(i) The Local Government: Regulations on Appointment and Conditions of Employment of Senior Managers, 2014 (“the Regulations”); and

(ii) The Local Government: Disciplinary Regulations for Senior Managers, 2011.

d) Regulations on Minimum Competency Levels made in terms of section 168 of the Local Government: Municipal Finance Management Act, 56 of 2003; and

e) Any other applicable labour laws and legislation.

End.

25 August 2020 - NW1384

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August, Mr SN to ask the Minister of Social Development

(1)Whether, considering that her department now does not need to pre-approve plans to enable nongovernmental organisations to provide food relief to citizens in need, the regulation includes that takeaway and/or disposable containers would be acceptable for soup and food kitchens that can provide the specified take-away containers; if not, what is the position in this regard; if so, what arethe relevant details; (2) whether homeless persons will be exempted from the requirement that soupkitchens and food parcel distributors provide the names and addresses of allrecipients, since homeless persons do not have an address (details furnished); ifnot, what is the position in this regard; if so, what are the relevant details? NW1755E

Reply:

1. Yes, theDepartment (DSD) does not need to pre-approve plans to enable nongovernmental organisations to provide food relief to citizens in need. The DSD was rather seeking to better coordinate all food distribution activities and ensure vulnerable people receive food in a dignified manner in partnership with individuals and organizations involved in food distribution.

The permission of take away and/or disposable containers is acceptable for soup and food kitchens that can provide the specified take-away containers.

The measures introduced by DSD are not prohibitive but intended to protect the health and well-being of our people. Health inspectors had warned the food programme against use of inappropriate materials, hence the Department had provided cutlery and crockery in the centres. The take away provision was to enable centres to not have congestion whilst we striving for social distancing during the COVID-19 period.

2. No, the homeless persons are supported by the shelters and in the case where they do not have IDs and addresses our officials use their names to identify and register them. A portfolio of evidence is part of accounting for resources distributed by government and the soupkitchens and food parcel distributors providingfood to the homeless without addresses do still register the recipients using their names, surname and the centre or area they come from.

25 August 2020 - NW1684

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Joseph, Mr D to ask the Minister in the Presidency

What are the names of the (a) Ministers and/or (b) Deputy Ministers who have been deployed to the district municipalities in each province according to the announcement made by the President, Mr M C Ramaphosa; 2. whether the deployment plans will be submitted to Parliament for oversight purposes according to section 42(3) of the Constitution of the Republic, 1996; if not, why not; if so, by what date will the plans be submitted; 3. what are the specific (a) mandates and (b) outcomes the deployed Ministers and/or Deputy Ministers must achieve in the district municipalities; 4. whether the (a) SA Local Government Association, (b) trade unions and (c) civil society will be consulted during the deployment process; if not, why not; if so, what are the relevant details; 5. how will section 154 of the Constitution of the Republic, 1996, be affected?

Reply:

All Ministers and Deputy Ministers, refer to the list below.

WESTERN CAPE PROVINCE

District

Champion

Title

1

Central Karoo

Pam Tshwete

Deputy Minister

2

West Coast

Barbara Creecy

Minister

3

Overberg

Patricia De Lille

Minister

4

Garden Route

Alvin Botes

Deputy Minister

5

Cape Town

Naledi Pandor

Minister

   

Bheki Cele

Minister

6

Cape Winelands

Ebrahim Patel

Minister

KWAZULU-NATAL PROVINCE

District

Champion

Title

7

Amajuba

Thulas Nxesi

Minister

   

Hendrietta Bogopane-Zulu

Deputy Minister

8

eThekwini

Nocawe Mafu

Deputy Minister

 

 

John Jeffery

Deputy Minister

9

Harry Gwala

Jackson Mthembu

Minister

10

iLembe

David Masondo

Deputy Minister

11

King Cetshwayo

Fikile Mbalula

Minister

12

Ugu

Buti Manamela

Deputy Minister

13

uMgungundlovu

Sindisiwe Chikunga

Deputy Minister

14

uMkhanyakude

Lindiwe Sisulu

Minister

15

uMzinyathi

Nathi Mthethwa

Minister

16

uThukela

Joe Phaahla

Deputy Minister

17

Zululand

Blade Nzimande

Minister

MPUMALANGA PROVINCE

District

Champion

Title

18

Ehlanzeni

Mcebisi Skwatsha

Deputy Minister

19

Gert Sibande

Thabang Makwetla

Deputy Minister

20

Nkangala

Maite Nkoana-Mashabane

Minister

EASTERN CAPE PROVINCE

District

Champion

Title

21

Alfred Nzo

Stella Ndabeni-Abrahams

Minister

22

Amathole

Hlengiwe Mkhize

Deputy Minister

   

Inkosi Phathekile Holomisa

Deputy Minister

23

Chris Hani

Ronald Lamola

Minister

24

Joe Gqabi

Parks Tau

Deputy Minister

25

OR Tambo

Senzo Mchunu

Minister

26

Nelson Mandela Bay

Aaron Motsoaledi

Minister

27

Sarah Baartman

Zoleka Capa

Deputy Minister

28

Buffalo City

Cassel Mathale

Deputy Minister

   

Pinky Moloi

Deputy Minister

FREE STATE PROVINCE

District

Champion

Title

29

Fezile Dabi

Pinky Kekana

Deputy Minister

30

Lejweleputswa

Lindiwe Zulu

Minister

31

Mangaung

David Mahlobo

Deputy Minister

   

Dikeledi Magadzi

Deputy Minister

32

Thabo Mofutsanyana

Sdumo Dlamini

Deputy Minister

33

Xhariep

Phumulo Masualle

Deputy Minister

NORTHERN CAPE PROVINCE

District

Champion

Title

34

Frances Baard

Noxolo Kiviet

Deputy Minister

35

JT Gaetsewe

Regina Mhaule

Deputy Minister

36

Namakwa

Nomalungelo Gina

Deputy Minister

37

Pixley ka Seme

Ayanda Dlodlo

Minister

38

ZF Mgcawu

Fish Mahlalela

Deputy Minister

GAUTENG PROVINCE

District

Champion

Title

39

Ekurhuleni

Zizi Kodwa

Deputy Minister

40

Johannesburg

Nosiviwe Mapisa-Nqakula

Minister

41

Sedibeng

Angie Motshekga

Minister

42

Tshwane

Pravin Gordhan

Minister

43

West Rand

Fikile Slovo Majola

Deputy Minister

LIMPOPO PROVINCE

District

Champion

Title

44

Mopani

Thoko Didiza

Minister

45

Capricorn

Tito Mboweni

Minister

46

Sekhukhune

Thembi Siweya

Deputy Minister

47

Vhembe

Candith Mashego-Dlamini

Deputy Minister

48

Waterberg

Khumbudzo Ntshavheni

Minister

NORTH WEST PROVINCE

District

Champion

Title

49

Bojanala

Gwede Mantashe

Minister

50

Kenneth Kaunda

Nkhensani Kubayi-Ngubane

Minister

51

Modiri Molema

Obed Bapela

Deputy Minister

52

Ruth Mompati

Maggie Sotyu

Deputy Minister

   

Njabulo Nzuza

Deputy Minister

 

2. The Champions will be working with the Districts, Provinces and the Local Government to implement Plans that are developed through the ordinary Planning Processes of Government.

 

3. The Champions will be working on strengthening responses to COVID – 19 and the Gender Based Violence and Femicide (GBVF).

In summary the roles and responsibilities of the Political Champions who include Ministers and Deputy Ministers are:

  • To provide strategic guidance for the development and implementation of the One Plan
  • To contribute towards the institutional stabilisation of the allocated district and the reprioritisation process that seek to respond to urgent institutional and governance gaps, and urgent development priorities outlined in the specific district profile.
  • To facilitate the District wide adoption of the One Plan through the various Inter Governmental Relations Structures (IGR), including its sign off and implementation.
  • To work in collaboration with line Ministries and provide support to unblock and bring to the surface any issues that may hinder progress in the implementation of the District Development Model.
  • To collaborate with other champions and districts to maximise impact.

4. .The Champions will work with all Stakeholders in a District.

 

5.The District Development Model (DDM) provides the framework through which Section 154 of the Constitution of the Republic, 1996, will be implemented where the District Development Model brings the whole of government in a spatially targeted way to address developmental needs and opportunities of the 52 district spaces, including providing targeted support in building institutional capacity and capability of local government to perform its constitutional responsibilities.

The District Development Model – One Plan cannot and does not replace any existing prescribed Development, Departmental Strategic and Annual Performance Plans, IDP’s of Municipalities and Sate Entities. It is rather an expression of Integrated Investments Plans and clear Socio – Economic Programmes for changing the living conditions our people in the Spatially Targeted District space.

NW2074E

25 August 2020 - NW1762

Profile picture: Brink, Mr C

Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

(1) (a) In which municipalities and (b) on what dates did she exercise her powers to intervene in terms of section 139(7) of the Constitution of the Republic of South Africa, 1996, in the stead of the provincial executive since her appointment to the current portfolio? (2) What (a) was the purpose of each intervention, (b) form did each intervention take and (c) was the outcome of each intervention? NW58E

Reply:

(1)(a) Since the appointment of the Minister in her current portfolio, no municipality to date, has been subjected to an intervention in terms of section 139(7) of the Constitution.

(1)(b) and 2(a)(b)(c), these questions are not applicable, since section 139(7) of the Constitution was never invoked by the Minister in her current portfolio.

End.

25 August 2020 - NW1499

Profile picture: Mackenzie, Mr C

Mackenzie, Mr C to ask the Minister in The Presidency

Whether he has held any discussions regarding potential candidates to be considered for appointment to the Board of the Media Development and Diversity Agency; if not, what is the position in this regard; if so, (a) with whom and (b) what are the relevant details of each discussion he has held?

Reply:

No, the Minister in the Presidency has not held any discussions regarding the potential candidates to be considered for appointment to the Board of the Media Development and Diversity Agency.

                                                                                                                                                                        

                  

25 August 2020 - NW1628

Profile picture: Bagraim, Mr M

Bagraim, Mr M to ask the Minister of Cooperative Governance and Traditional Affairs

What (a) are the relevant details and (b) is the total (i) number and (ii) total amount of all disbursements made available to each province by her department in response to Covid-19 pandemic?

Reply:

a) The Department of Cooperative Governance (DCOG) through the National Disaster Management Centre (NDMC) administers the disaster grants that are meant to provide immediate disaster relief. The department transferred the following grants to assist organs of state to combat the spread of COVID-19 pandemic:

  • An amount of R466 393 000.00 (R466. 3 million) was allocated from the Provincial Disaster Relief Grant to the Departments of Health in all the nine (9) provinces to procure ventilators and personal protective equipment (PPE). The transfer of funds was undertaken between 30 March and 01 April 2020.

b) (i) and (ii)

Funds allocated through the Provincial Disaster Relief Grant to the Provincial Departments of Health

PROVINCES

PURPOSE

AMOUNT

Eastern Cape

Response measures to combat the spread of COVID-19 pandemic (Ventilators and Personal Protective Equipment)

R44 551 000.00

Free State

 

R12 429 000.00

Gauteng

 

R115 996 000.00

KwaZulu-Natal

 

R138 918 000.00

Limpopo

 

R42 449 000.00

Mpumalanga

 

R33 993 000.00

Northern Cape

 

R6 224 000.00

North West

 

R18 540 000.00

Western Cape

 

R53 292 000.00

Total

 

R466 392 000.00

End.