Questions and Replies
14 September 2020 - NW1484
Abrahams, Ms ALA to ask the Minister of Employment and Labour
With reference to the total number of Temporary Employer/Employee Relief Scheme (TERS) applications that his department has received to date, what total number of (a) TERS applications were received from (i) early childhood development centres and (ii) partial care facilities, (b) the specified applications in each case qualified for TERS funding and (c) the applications were rejected in each case;
Reply:
1.
- 293 applications were received from Early Childhood Development Centre
- UIF Database does not differentiate centres but register them as per the applicant.
- Total employees applied for is 4761
- 1940 applicants were rejected
- Below are various reasons for rejection.
Error types |
Employees not declared |
Bank Name not found |
Shut-down From Date not found |
Applicant already received TERS benefits from LAP - TERS |
Account Number not found |
ID No. is On Hold on the UIF Database |
Account type not found |
Leave Income is a Negative Amount |
Branch Code not found |
Monthly Salary is a negative amount |
Duplicate ID |
3.
-
- 2 821 employees were paid
- Total amount paid out is R 10 022 922.57
- The value still to be paid to 1940 employees not determined to date.
14 September 2020 - NW1462
Ngwezi, Mr X to ask the Minister of Employment and Labour
What has he found are the biggest challenges that institutions such as (a) Harambe, (b) Youth Employment Service, (c) Youth Lab and (d) any other youth employment incubator initiatives are facing in view of the fact that the latest statistics from Statistics South Africa paints a bleak picture of the reality facing 20,6 million young South Africans between the ages of 15 to 34 years who are neither employed nor in any form of educational institution and/or training facility and that the numbers for black youth in the rural and peri-urban areas are exponentially worse where unemployment figures are in excess of 40%?
Reply:
I may not be familiar with every little challenge that the provided list of youth organisations faces on a daily basis as none of these entities fall under the Department of Employment and Labour whilst others are not even in government. Amongst the challenges that we have identified within government that continue to contribute to high unemployment rate amongst the youth are the following:
- The structural nature of the South African economy, low economic growth levels compounded by Insufficient investments by the private and public sector in new ventures and infrastructure
- socio economic challenges and the high poverty levels that remain amongst blacks and in some instances contributing to school drop outs especially in peri-urban and rural areas,
- limited skill acquisition and resultant inadequate preparation of youth for entry into the world of work,
- rapid changes in the labour market fuelled by digitization and automation.
- The covid-19 pandemic has further added to the above challenges.
I am aware that despite challenges that these youth organisations continue to face on a daily basis, they have done a lot to assist government in addressing the plight of our young people. Within government, great strides have been made in improving employability of young people through interventions in the education system but more still needs to be done. Government has also implemented a number of interventions to address the youth unemployment problem. These includes:-
- High level interventions to grow the economy within National Development Plan 2030, the Medium Term Strategic Framework and Agreements conclude by the President and the various Ministers.
Within the Department of Employment and Labour:
- The Promulgation of the Employment Services Act 2014 was introduced to guide the Department in its free services to promote youth employment. These services include registration of work seekers and employment opportunities, the matching, counselling, placement offered through 126 Labour centres, satellite and visiting points; and vulnerable groups employment schemes through 13 Supported Employment Enterprises Factories and Subsidized organizations that employ people with disabilities.
- Labour Activation programmes funded by the Unemployment Insurance Fund
- Occupational death dependants Youth bursary scheme funded by the Compensation Fund.
Other departments have also initiated the following interventions that benefited millions of young people as part of their contribution:-
- The Expanded Public Works Programme (EPWP)
- Employment Tax Incentive (ETI) and Jobs Fund by National Treasury
- The 2018 Jobs Summit Framework Agreement, as well as the establishment of the Job Fund
- The Skills development system funded by the Skills levy, the Bursary Scheme funded under the NESFAS in the High Education and Science and Technology Department
- More recently Government has developed the Presidential Youth Employment Interverntion which provided for the Presidential Youth Service, scaling the Youth Employment Service (YES) and the creation of a national pathway management network.
14 September 2020 - NW1541
Mey, Mr P to ask the Minister of Transport
(1)Whether there have been any delays at South African ports with the unloading, processing and transport of imported goods out of the harbours during the Covid-19 lockdown period; if so, (a) what are the relevant details, (b) what are the reasons for such delays, (c) what is the estimated loss to the economy, (d) what measures are being put in place to address the delays and (e) how long does he envisage will the delays still occur;
Reply:
There were some delays at South African ports with the unloading processing and transportation of imported goods out of the harbours during the hard Covid–19 lockdown which would fall under Level 5 however it must be stressed out that only the Port of Durban that was heavily affected due to the type of cargo it handles and the role it playes not only in South Africa’s economy but also in landlock countries in the SADC region.
a) During the first two weeks of the lockdown it was only the essentiasl cargo that was allowed to leave the port terminals and this was only for container terminals as most of the cargo being handled in such terminals is largley for manufactured goods. It was immdedialy discovered that approach was counter productive because the terminal stacking capacity was getting fuller and it was difficult to pick and choose which cargo that should be prioritsed. As a principle of efficiency in terminal managment the terminal must always be kept 50% full so that flow of cargo in and out of the terminal is optimised. There was therefore a decision taken to allow non essential cargo to leave the container terminals as bonded cargo to Customs approved warehouses and also to Shipping Liner’s warehouses in an effort to decongest the container terminals and that proved to be the best decision
b) The delays were caused by the arrival of the non essential and essential cargo at the same time sometimes both essential and non essential goods would be in the same container which proved to be catastrophic in trying to separate the imported goods. Another challenge the number of employees that were operational during the hard lockdown was heavily reduced for example in the Port of Durban only two gangs (gang is the shift or a number of people on one shift) were operational at any given time compare to five gangs and only two berths thatt were allocated to the shipping lines.
c) What is the estimated loss to the economy, the question should not be looked at in isolation with overall economic impact that came with COVID-19. But Transnet National Ports Authority is projecting not less 20% of revenue loss due to COVID-19. It will however be important to do an indepth study on the impact of COVID-19 within the maritme value chain.
d) Transnet National Ports Authority as a landord of the South African port system is now providing all supporting services at full capacity to support the activities in the ports such as marine and pilotage services and Transnet Ports Terminal which is the main the terminal operator especially of containers sector and is still ramping up the operations especially in the Port of Cape Town where the latest most delays have been prevalent which is the indication that what is happening in this country on the number of COVID-19 infections has also affected the port employees
e) The recent delays have largely been in one port which is the Port of Cape Town and these delays have been in two folds:
- The port workers have heavily been affected by high infection rates particulary in Cape Town which affected the number of employees coming to work and subsequently the poor productivity
- The state of Transnet Ports Terminal equipments has been a major concern for the port users and Transnet has adviced that it is a matter that is given urgent attention. It is however advisable that Department of Public Enterprises is the right Department to present those plans and interventions.
(2) whether he will make a statement on the matter?
The Ministry does not deem it necessary at this stage. The Minister is however amendable should the house deem it appropriate
11 September 2020 - NW1994
Winkler, Ms HS to ask the Minister of Forestry, Fisheries and the Environment
Whether an export quota for lion bone is being considered for 2020; if not, why not; Neo, what are the reasons?
Reply:
The judgment of National Council of the Society for Prevention of Cruelty to Animals v Minister of Environ mental Affairs and Others on the lion bone export quota determination process requested the Minister to give consideration to welfare issues relating to lions in captivity when determining the quota. The Department was, therefore, not able b determine the 2019 lion bone export quota and such determination process was thus deferred.
Regards
MS BD CREECY, MP
Minister of Forestry, Fisheries and the Environment:
Date: 11/09/2020
11 September 2020 - NW2039
De Freitas, Mr MS to ask the Minister of Forestry, Fisheries and the Environment
What (a) plans does her Department have in place for providing preferential pricing structures for South Africans, as opposed B non-South Africans, which will provide access to South African National Parks (SANParks) properties, (b) research has been done in this regard and (c) are the (i) timeframes, (ii) milestones and (iii) deadlines regarding preferential pricing structures?
Reply:
- SANParks already implements a differential pricing and fee structure for South Africans and international guests. This differentials system was introduced in 2003, and the effect thereof is that South Africana receive preferential rates as compared to international guests. This was done to improve and expand access to National Parks by South Africans.
- Research had been conducted prior b the implementation of the preferential pricing system. SANParks embarked on a benchmarking exercise, comparing our fee structure with similar conservation authorities on the African continent.
- SANParks started implementing the Preferential Pricing mechanism in November 2003, and this pricing structure is being implemented currently
i Not applicable as the system is already being implemented
ii Not applicable as the system is already being implemented
iii. Not applicable as the system is already being implemented
Regards
MS BD CREECY, MP
MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT
DATE: 11/09/2020
11 September 2020 - NW1950
Paulsen, Mr N M to ask the Minister of Forestry, Fisheries and the Environment
Whether, in terms of the allocation of fishing rights to small-scale fishermen, her Department has an indication as b what number of the rights holder (a) are paper quota holders and (b) harvest their own quotas; if so, what are the relevant details in each case?
Reply:
Small-scale fishing rights are allocated to community-based legal entities in the form of co-operatives. These cooperatives as made up of verified and declared small-scale fishers in teas of the Marine Living Resources Act, 2014 (Act No. 5 of 2014). These fishers have met the relevant criteria and proved their historical involvement in fi9hing, as well as deriving a major part of their livelihood from traditional fishing operations. As such, there are no 'Paper Quota Holders' in the Small-scale Fishing Sector.
All fishes that form part of the small-scale fisheries cooperatives are involved in either one of the many fishing operations that include, amongst others, catching, processing and/or marketing of fish.
Regards
Ms BD CREECY, MP
MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT
DATE: 11/09/2020
11 September 2020 - NW2038
De Freitas, Mr MS to ask the Minister of Trade, Industry and Competition
With reference to his reply to question 555 on 25 May 2020, (a) what are the details of the progress achieved to date for each company and (b) how is the progress (i) monitored and (ii) reported in each case? [
Reply:
Eight (8) companies made commitments totalling R36.2 billion at the previous two South African Investment Conferences held in 2018 and 2019 respectively, as detailed in my reply to question 555.
These are private sectors investments and hence companies do not report progress publicly. However, feedback, monitoring and reporting on progress is facilitated through the project management function of InvestSA, who is in regular communication with the companies who have made investment commitments. InvestSA also facilitates inter-governmental cooperation to help unblock challenges which these projects may be experiencing.
While the economic impact of the COVID-19 pandemic has interrupted progress on some of the investments in the tourism and hospitality sectors, I am advised that a number of projects are under construction.
Further progress will be reported at the 3rd South African Investment Conference, which is expected to be held later this year.
11 September 2020 - NW1963
Whitfield, Mr AG to ask the Minister of Forestry, Fisheries and the Environment
What was the total number of live (a) black rhino and (b) white rhino in the Republic (i) in each of the past six financial years and (ii) since 1 April 2020 up to the latest specified date for which information is
Reply:
Rhino numbers are informed by a variety of sources, and complied in report submitted to institutions responsible for the implementation of conservation treaties such æ the Convention on International Trade in Endangered Species(CITES). Specific complementary reports are the following:
Red List of Mammals of South Africa, Lesotho and Swaziland for bath white and black rhino;
the Non Detriment findings for both white and black chino;
a report from the IUCN Species Survival Commission (IUCN SSC) African and Asian Rhino Specialist Groups; and
TRAFFIC to the CITES Secretariat pursuant to Resolution Conf. 9.14 (Rev. CoP17)
Ms BD CREECY, MP
MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT
DATE:11/09/2020
11 September 2020 - NW2031
Bozzoli, Prof B to ask the Minister of Higher Education, Science and Technology
What are the terms and conditions for the provision of laptops to students who are recipients of the National Student Financial Aid Scheme (NSFAS) grants;
Reply:
- University Students: The acquisition of digital learning devices for the 2020 NSFAS funded students registered at public higher education institutions shall be funded by the students’ learning materials allowance made available by NSFAS on a loan-to-buy basis.
Where a NSFAS funded student has the 2020 learning materials allowance available at the date of applying for the digital learning device, that learning materials allowance will be used by the institution to purchase the device on behalf of the student. Where the 2020 learning materials allowances has been used by the NSFAS funded student, the 2021 learning materials allowance shall be used to purchase the digital learning device. Should the student not return as a NSFAS funded student in future academic years, the student is liable to repay the amount due to the institution. Where applicable, the institution shall utilise its existing policies and procedures/guidelines to recover funds for the purchasing of the digital learning device from the student.
TVET Students: The acquisition of digital learning devices for the 2020 NSFAS funded students registered at public TVET colleges shall be as a once-off arrangement for the duration of their studies and a once-off 3-month data allowance in line with the negotiated deals between the Department and mobile network operators, with the exception of Trimester 1 and Semester 1 students who are already exiting the system. The digital learning device is a once-off allowance for the current 2020 academic year. Since this is an allowance, ownership of the digital learning device will vest with the student. Institutions must therefore ensure that only NSFAS funded students who are currently enrolled and registered with the TVET college receive this allowance and digital learning devices. Since Trimester 1 and Semester 1 are already at the end of the cycle, these students are not eligible to receive digital learning devices and shall be excluded from this once-off scheme.
- University Students: The institution shall issue a purchase order together with the NSFAS student details and at a minimum, the institution will maintain proper records of all digital learning devices distributed to NFSAS funded students. Rules on the return of devices to the institutions must be provided for in the asset management policy of the institution. The institution shall coordinate the logistical arrangements with the service provider(s) to ensure that the appropriate checks and balances are implemented and agreed upon to guarantee that the correct NSFAS funded students receives and accepts responsibility for the safekeeping and care of the digital learning devices.
TVET Students: The TVET college will maintain proper records of all digital learning devices distributed to NFSAS funded students. The digital learning devices will be delivered directly to NSFAS funded students. The TVET college shall coordinate the logistical arrangements with the service provider(s) to ensure that the appropriate checks and balances are implemented and agreed upon to guarantee that the correct NSFAS funded students receives and accepts responsibility for the safekeeping and care of the digital learning devices.
10 September 2020 - NW1090
Kohler-Barnard, Ms D to ask the Minister of Police
1. What(a) number of persons are currently employed in an (i) administrative and (ii) operational capacity in the Crime Intelligence Division of the SA Police Service (SAPS), (b) number of the specified persons have criminal records and (c) are the relevant details of the (i) offence(s) each person was convicted of and (ii) date on which each conviction was made; 2. why are the persons with criminal records employed in the SAPS Crime Intelligence Division?
Reply:
(1)(a)(i) A total number of 1 578 persons are currently employed in an administrative capacity in the Division: Crime Intelligence, of the South African Police Service (SAPS).
(1)(a)(ii) A total number of 5 501 persons are currently employed in an operational capacity in the Division: Crime Intelligence, of the SAPS.
(1)(b)(c)(i)(ii) There is no provision in the Criminal Law Amendment Act, 2010 (Act No. 6 of 2010), that authorises the keeping of a separate fingerprint database for employees of the SAPS, which can be accessed to obtain specified persons (employees) criminal records. Criminal records are identified through fingerprint searches and can be accessed for a criminal investigation or a crime detection. A record of employees in the Crime Intelligence environment, identifying employees with criminal records, is not readily available. In order to establish which employees have criminal records, the fingerprints of 7 079 employees need to be taken and analysed.
The process to identify which members have criminal records is a continuous process. The Division: Crime Intelligence, is currently aware of 27 employees with criminal records.
(2) When a person is employed in the SAPS, including the Division: Crime Intelligence and it is found that the prospective employee has a criminal record, each case is dealt with on its own merits. The National Commissioner may waive the requirement that an employee should not ha\ie a previous criminal conviction, upon his or her appointment. Each individual case is considered, in terms of the nature and gravity of the criminal record. Where an employee was convicted of an offence while in the employ of the SAPS and is sentenced to a term of imprisonment without the option of a fine, he or she will be deemed to have been discharged from the SAPS, with effect from the date following the date of such sentence.
However, if the term of imprisonment is wholly suspended, the member concerned will not be deemed to have been discharged. In the event that the term of imprisonment is wholly suspended or where the employee was sentenced to a term of imprisonment with the option of a fine, he or she will be subjected to the disciplinary process, in terms of the SAPS Discipline Regulations and a Board of Inquiry, will be conducted to determine his or her fitness to remain an employee of the SAPS.
Reply to question 1090 recommended
GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2020/08/28
Reply to question 1090 approved
MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 09/09/2020
10 September 2020 - NW1893
Ngwenya, Ms DB to ask the Minister of Police
Whether there are any plans to build more police stations in (a) Mohlakeng and (b) Toekomsrus townships in the Rand West City Local Municipality, Gauteng, seeing that there is a rapid increase in the population of the specified townships and an increase in the rate of crime?
Reply:
- A work study investigation, with regard to the upgrading of the Mohlakeng Satellite Police Station, to a fully-fledged police station, has been completed and is pending a decision by the South African Police Service (SAPS) Gauteng Provincial Management. The establishment of a fully-fledged police station, in Mohlakeng, will entail the division of the current Randfontein policing area, to establish separate poiicing areas for the two police stations.
- No, in the event that the work study investigation, which is referred to in paragraph (a) is approved, Toekomsrus will be policed by the proposed Mohlakeng Police Station.
Reply to question 1893 recommended/
GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2020/08/28
Reply to question 1893 approved
MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 09/09/2020
10 September 2020 - NW1808
Sindane, Mr P to ask the Minister of Police
What number of police stations(a) had to be closed since the first reported case of confirmed Covid-19 in the SA Police Service (SAPS), (b) have re-opened and (c) are yet to re-open;
Reply:
(1)(a) As at 6 August 2020, a total of 1 069 police stations have had to close, since the first reported, confirmed COVID-19 case, in the South African Police Service (SAPS).
(1)(b) All 1 069 police stations are fully functional.
(1)(c) A total of 78 police stations were operating in temporary structures. (2)(a) A total number of 2 228 police officers have been quarantined.
(2)(b) The posts occupied by police officers who are in isolation, are not deemed to be vacant and are, therefore, not filled through the permanent appointment of other police officers, in these posts.
The SAPS shift system, which is used for operational members at police stations, makes provision for contingency arrangements to be put in place when a member is not able to report for duty, including during self-isolation. This includes the following:
o Calling up SAPS members, who are on rest days.
2
0 Making use of police reservists.
0 Deployment of SAPS members, who are employed in support functions.
O Deployment of SAPS members, from cluster or district level, to assist on a
temporary basis.
V\/hen police stations or other service points are closed, the members, who were not exposed to the virus and not in self isolation, may be redeployed to assist at an alternative service office or to support operational duties.
Command groups have been established in every province and at national level, to ensure that the provision of policing services continue, despite the impact of the COVID-19 pandemic. In addition, support, in respect of the prevention, management and response to COVID-19 infections in the SAPS, is provided by the COVID-19 Steering Committee, which is chaired at the level of a Deputy National Commissioner and includes all the relevant operational and support disciplines of the SAPS.
The SAPS has appropriate measures in place, at all levels, to ensure that services are rendered. However, it is important to recognise that these conditions do represent unusual challenges to the SAPS, as to all other frontline services. The cooperation and support of communities is valued and appreciated, during this time.
Reply to question 1808 recommended
GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2020/08/28
Reply to question 1808 approved
GENERAL BH CELE, MP
MINISTER OF POLICE
Date: 09/09/2020
10 September 2020 - NW1074
Abrahams, Ms ALA to ask the Minister of Police
What (a) is the total number of gender-based violence (GBV) cases which has been reported to the SA Police Service since the beginning of the lockdown on 26 March 2020 in each province and (b) number of the specified GBV cases have resulted in the arrest and conviction of the perpetrators in each case?
Reply:
(a) and (b)
The total number of gender-based violence (GBV) cases, which were reported to the South African Police Service (SAPS), since the beginning of the lockdown, on 26 March 2020, in each province and the number of the specified GBV cases, which resulted in the arrest and conviction of the perpetrators in each case, are reflected in the table below:
Province |
(a) Total reported |
b |
b |
Total persons charged |
Total persons convicted |
||
Eastern Cape |
243 |
488 |
8 |
Free State |
189 |
373 |
18 |
Gauteng |
743 |
1137 |
23 |
KwaZulu-Natal |
230 |
375 |
4 |
Limpopo |
97 |
253 |
31 |
Mpumalanga |
88 |
151 |
7 |
North West |
77 |
140 |
3 |
Northern Cape |
37 |
122 |
1 |
Western Cape |
530 |
1019 |
35 |
Total |
2234 |
4 058 |
130 |
2
Reply to question 1074 recommended/
GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
Date:
Reply to question 1074 approved
MINISTER OF POLICE
GENERAL BH CELE (MP)
Date: 09/09/2020
10 September 2020 - NW1876
Waters, Mr M to ask the Minister of Police
What (a) are the reasons that the Edenvale Police Station removed the cameras in the charge office and cells and (b) was the cost of installing the specified cameras? NW2324E
Reply:
- The South African Police Service (SAPS) has no record of cameras that were installed or removed, at the Edenvale Police Station.
- Not applicable.
10 September 2020 - NW1843
Mashabela, Ms N to ask the Minister of Human Settlements, Water and Sanitation
By what date does her department intend to complete the Reconstruction and Development Programme houses that were left incomplete in 2016 at Mahwelereng and Makhado in Limpopo?
Reply:
To begin with Honourable member, it is important to note that the RDP houses were discontinued when Cabinet adopted the Comprehensive Plan for the Development of Sustainable Human Settlements in 2004 setting new standards for housing typologies for government houses referred to as BNG houses.
The total number of incomplete units in the Mogalakwena Local Municipality is 319 houses spread over a total of 14 villages. The Limpopo Provincial Department of Co-operative Governance, Human Settlements & Traditional Affairs has appointed Contractors in 2019/2020 to complete 210 units. It is expected that the units will be completed by the end of October 2020. The Provincial Department will appoint Contractors during the 2021/22 financial year to complete the remaining 109 units. The anticipated completion date is 31 March 2022.
The total number of incomplete units in the Makhado Local Municipality is 87 spread over a total of 11 villages. The Limpopo Provincial Department of Co-operative Governance, Human Settlements & Traditional Affairs will appoint Contractors in the 2021/2022 financial year to complete the 87 units. The anticipated completion date is 31 March 2022.
10 September 2020 - NW2149
De Freitas, Mr MS to ask the Minister of Tourism
(a) What (i) are the names of the persons who have been recently appointed onto the SA Tourism (SAT) Board, (ii) criteria were used in their appointment and (iii) expertise will each of the new members bring to SAT and (b) on what date (i) was each member officially appointed onto the Board and (ii) will their term of office come to an end in each case?
Reply:
(a)
(i) What are the names of the persons who have been recently appointed onto the SA Tourism (SAT) Board. |
(ii) What criteria that were used in their appointment. |
(iii) What expertise will each of the new members bring to SAT. |
1. Mr Siyabonga Dube |
Board members are appointed on the basis of their knowledge, experience or qualifications relating to the functions of the |
Governance, public sector finance and auditing |
2. Advocate Monjakunyane Gumbi |
Legal and Leadership |
2149 (NW2714E)
(i) What are the names of the persons who have been recently appointed onto the SA Tourism (SAT) Board. |
(ii) What criteria that were used in their appointment. |
(iii) What expertise will each of the new members bring to SAT. |
3. Ms. Gloria Serobe |
Board. The combined individual skills and expertise contribute to the effective functioning of the Board as an entity, as decisions are taken collectively. |
Leadership, Governance and Finance |
4. Mr. Mduduzi Zakwe |
Audit and information technology |
|
5. Ms. Zola Baba Tshefu |
Tourism and public sector governance |
(b)
(i) On what date was each member officially appointed onto the Board. |
(ii) On what date will their term of office come to an end in each case? |
1. Mr Siyabonga Dube 11 August 2019 |
31 May 2021 |
2. Advocate Monjakunyane Gumbi 29 April 2020 |
31 May 2021 |
3. Ms. Gloria Serobe 29 April 2020 |
31 May 2021 |
4. Mr. Mduduzi Zakwe May 2020 |
31 May 2021 |
5. Ms. Zola Baba Tshefu 11 August 2019 |
31 May 2021 |
2149 (NW2714E) Page 2
10 September 2020 - NW1861
Shembeni, Mr HA to ask the Minister of Police
What (a) did his review of the deployment of the SA National Defence Force members to help fight crime in Cape Town find and (b) lessons have the SA Police Service learnt from this experience about fighting crime? NW2267E
Reply:
During Operation Lockdown, a multidisciplinary approach between the South African Police Service (SAPS) and the South African National Defence Force (SANDF), in a supportive role, to fight crime in identified hotspot policing precincts, within the Cape Town metropole, led to a significant reduction in contact crimes.
A multidisciplinary strategy, resulting in coordinated planning, optimal utilisation of resources, focused execution and joint review and assessment of operations, is critical to the enhancement of our crime combating efforts.
Reply to question 1861 recommended/
GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2020/08/28
Reply to question 1861 approved
MINISTER OF POLICE
GENERAL BH CELE, (MP)
Date: 09/09/2020
GENERAL H AFRICAN POLICE SERVICE
10 September 2020 - NW1926
Masipa, Mr NP to ask the Minister of Police
With regard to the recent illegal land invasions seen in Khayelisha, Cape Town during the lockdown, what (a) total number of persons have since been arrested for convening an illegal gathering as per the Disaster Management Act, Act 57 of 2002, (b) total number of persons have been arrested and charged for destruction of property and (c) steps has he taken to ensure that there are no illegal gatherings and/or illegal invasion of state and privately owned land? NW2441E
Reply:
- From 27 March 2020 to 21 August 2020, a total number of 466 persons have been arrested for convening an illegal gathering, as per the Disaster Management Act, 2002 (Act No. 57 of 2002).
- From 27 March 2020 to 21 August 2020, a total number of 299 persons have been arrested and charged for the destruction of property.
- Regular planning meetings, are held with the various law enforcement agencies. The South African Police Service (SAPS) also has an early warning system, based on crime intelligence reports, which informs the coordinating committees.
Reply to question 1926 recommended
GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2020/08/28
Reply to question 1926 approved
MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 09/09/2020
10 September 2020 - NW1830
Madlingozi, Mr BS to ask the Minister of Police
Whether he has taken any steps against some government officials who violated lockdown regulations when they attended the funeral service of the late Mr A M Mlangeni; if not, why not; if so, what are the relevant details of the steps that have been taken?
Reply:
A criminal case was opened at the Orlando Police Station, on 30 July 2020, CAS 298/07/2020, for Contravention of the Disaster Management Act 2020, regulating the number of attendees to a funeral. The case was investigated and presented to the Senior State Prosecutor at the Orlando Magistrates Court, who declined to prosecute and remarked as follows: “The alleged event was spontaneous. The suspect did not invite the mourners and had no control over them."
09 September 2020 - NW1204
Van Minnen, Ms BM to ask the Minister of Public Enterprises
(1)(a) At what stage are the negotiations with the unions regarding the unbundling of Eskom into three separate subsidiaries, and (b) which unions are involved in the process?(2)Â How will (a) the outstanding debt of Eskom be accrued to each of the three potential subsidiaries, and (b) Eskom debit to creditors be secured prior to the unbundling process?
Reply:
According to the information received from Eskom:
(1)(a) In terms of the Collective Agreement, Eskom engages with organised labour at various
participative structures. National structures include - Strategic Forum, Central Consultative Forum and Central Bargaining Forum. There are also Group Structures and Business Unit Level. The purpose of these structures is for Eskom to engage (share information, consult and bargain) with organised labour on matters that have direct impact on the employee’s conditions of employment in line with legal prescripts.
Post the publication of the Eskom Roadmap in October 2019, Eskom has had two formal consultative meetings with the leadership of NUM, NUMSA and Solidarity where Eskom shared the Strategic Turnaround Plan and Operating Model, the latter detailing the divisionalisation plans in support of the Eskom Roadmap. The table below lists engagements that have taken place as well as those planned.
Eskom is also party to the NEDLAC process where only NUM is in attendance as prescribed by the NEDLAC regulations.
Consultative Forum |
Dates of past meetings |
Discussions |
Organised labour representation |
Planned meetings |
Strategic Forum (SF) |
26 May 2020 |
Eskom shared the Eskom Strategic Turnaround Plan and Operating Model. |
NUM/NUMSA/Solidarity leadership. The engagements are targeted at Secretary General level. |
26 November 2020 |
21 July 2020 |
A follow up meeting to engage further on issues tabled at the meeting. |
|||
Central Consultative Forum (CCF) |
- |
The Eskom Turnaround Plan as shared at the Strategic form meetings of 26 May and 21 July. |
NUM/NUMSA/Solidarity The engagements are targeted at local leadership. |
The CCF meeting is scheduled to take place on 22 September 2020. With another meeting scheduled for 3 December 2020. |
NEDLAC |
15 October 2019 4 December 2019 11 February 2020 |
The Roadmap for Eskom in a reformed electricity supply industry 2019 |
As per NEDLAC’s prescribed regulations. |
Dates and agenda is set by NEDLAC. |
(1)(b)The recognised trade unions at Eskom are National Union of Metalworkers of South Africa
(NUMSA), National Union of Mineworkers (NUM) and Solidarity.
(2)(a)In line with the divisionalisation decision, proforma financial statements: income statement
and balance sheet, etc. have been formulated for each of the units to enable proper performance monitoring by the established divisional boards. However, the decision on the group debt remains an outstanding matter and a solution will be finalised before the debt is allocated to each division and prior to attainment of the legal separation.
(2)(b) The decision on a long term solution will include engaging and reaching agreement with
the creditors, after taking into account the regulatory methodology and the profitability of the proposed subsidiaries. It would be premature at this stage to provide a definitive decision on this matter, as the work has not been concluded.
09 September 2020 - NW1891
Mkhaliphi, Ms HO to ask the Minister of Public Enterprises
Whether the Chief Executive Officer of Transnet intends to sell the assets of Transnet to the private sector; if not, what is the position in this regard, if so, (a) which assets will be sold, (b) what process is followed to decide which assets should be sold and (c) what are the reasons that Transnet is selling its assets?
Reply:
According to the information received from Transnet
No, Transnet is not planning to sell assets to the private sector. However, it is in the process of considering how its asset base is best positioned to deliver on the requirements of the business. We are however looking for opportunities to partner with the private sector. This is in order to promote economic transformation and to mobilise private sector capital for important projects.
(a) Not applicable
(b) Not applicable
(c) Not applicable
09 September 2020 - NW1412
Joseph, Mr D to ask the Cooperative Governance and Traditional Affairs
By what date will her department start the process of introducing amending legislation in Parliament to Chapter 12 of the Constitution of the Republic of South Africa, 1996, including subsections (a) (211) (1) and (b) (212)(1) in light of the fact that the President, Mr M C Ramaphosa, signed the Traditional and Khoi-San Leadership Act, Act 3 of 2019, in December 2019? NW1783E
Reply:
There has never before been enabling provisions for the statutory recognition of the Khoi- San communities and leaders or for the establishment of Khoi-San structures. It is for this reason that the Traditional and Khoi-San Leadership Act, Act 3 of 2019 (hereinafter referred to as the TKLA) was enacted. The TKLA, amongst others, makes provision for the recognition of Khoi-San communities and leaders, provided they meet the criteria contained in the Act. The Department does not intend to introduce legislation in Parliament amending Chapter 12 of the Constitution. The TKLA contains comprehensive provisions relating to the Khoi-San and it is, in our view, not necessary to amend Chapter 12 of the Constitution.
End.
09 September 2020 - NW1892
Mkhaliphi, Ms HO to ask the Minister of Public Enterprises
(1)What qualifications do certain persons (names furnished) hold; (2) whether the qualifications of the specified persons were verified; if not, why not; if so, which institutions were used to verify their qualifications?
Reply:
According to the information received from Eskom
(a) and (b)
The table below captures the details requested for each person.
Title |
Initials and surname |
Designation |
Qualification |
Verification by |
|
Mr |
A M |
de Ruyter |
Group Chief Executive |
|
Lexis RefCheck |
Mr |
C |
Cassim |
Chief Financial Officer |
|
Internal recruitment department - 2006 |
Title |
Initials and surname |
Designation |
Qualification |
Verification by |
|
Mr |
J A |
Oberholzer |
Chief Operating Officer |
|
Internal recruitment department |
Mr |
N |
Harris |
Senior Manager: Information Management |
|
Internal recruitment department. Previously employed by Eskom since 1982 |
Mr |
R |
Vaughan |
General Manager: Treasury |
|
LexisNexis Risk Management |
09 September 2020 - NW1300
Opperman, Ms G to ask the Minister of Cooperative Governance and Traditional Affairs
On what statutory provisions does she rely when issuing regulations under the Disaster Management Act, Act 57 of 2002, regarded to (a) supersede any other provisions already codified in the Constitution of the Republic of South Africa, 1996, and/or any other existing legislation, including laws that have not been repealed and/or suspended and (b) limit the operation of any provisions already codified in the Constitution and/or any other existing legislation without explicitly making mention of the existing provisions and/or suspending the existing provisions? NW1668E
Reply:
(a) and (b) Section 36 of the Constitution states that certain rights in the Bill of Rights may be limited only in terms of a law. In this regard the Disaster Management Act, 2002 prescribes in Section 26(2)(b) that the national executive, in dealing with a national disaster where a state of disaster has been declared by the Minister in terms of Section 27(1), must deal with the disaster in terms of existing legislation and contingency arrangements as augmented by regulations or directives made in terms of Section 27(2) of the Act.
End.
09 September 2020 - NW1763
Brink, Mr C to ask the Cooperative Governance and Traditional Affairs
.Whether, with reference to the municipalities where the District Development Model (DDM) has been piloted since 2019, a report has been compiled about the successes and failures of the DDM in each specified municipality, if not (a) is a report of this nature in progress and (b) by what date will it be published; if so, what have been the most significant findings about each municipality and the DDM in general? NW2153E
Reply:
Cabinet approved the District Development Model on the 21 August 2019, to be firstly piloted in OR Tambo District Municipality, Ethekwini Metropolitan Municipality and Waterberg District Municipality. The first phase consisted of launches by the President in the following order, 17 September 2019, 18 October 2019 and 26 November 2019.
The establishment phase comprised mainly of five areas of work.
- The development of profiles for the three pilots,
- Soliciting government (national, province and local) and parastatal projects, programmes and expenditure in the three pilots,
- Soliciting private sector investment where possible,
- Hosting an event where the pilot is launched,
- Intergovernmental engagement and hosting of business and community engagements;
- Implementing post launch programmes such as, conducting a skills gap and institutional capacity analysis;
It is therefore still premature to identify successes and failures in the District pilot sites as per the question of the Honourable member.
End.
09 September 2020 - NW1887
Maotwe, Ms OMC to ask the Minister of Public Enterprises
What are the reasons that a certain person (name furnished) was appointed as the Chairperson of the Eskom Pension Fund when a letter of appointment for the same position was already drafted and sent to another person (name furnished)?
Reply:
According to the information received from Eskom
The term of the Eskom Pension and Provident Fund (EPPF) Board, ofwhich Ms Mantuka Maisela was the Chairperson, expired on 31 May 2020. However, because the governance process was not in place on 31 May 2020 and Eskom did not want to be the cause of a non-constituted Board, which had been a finding of the Financial Sector Conduct Authority (FSCA) against the EPPF previously, Ms Maisela and the other two trustees were appointed to avoid such an occurrence.
The appointment letters were drafted to appoint them for a full term because the rules of the Fund did not provide for temporary appointments, but for replacements, where Eskom had the right to replace an employer board member at any time on reasonable grounds.
In a letter dated 29 May 2020, Ms Maisela was informed that her appointment was subject to the finalisation of the governance process and that it was to be read in conjunction with rule 3.5(1) of the EPPF rules, which provides that an employer board member could be replaced by Eskom at any time on reasonable grounds.
Eskom followed an appointment process for the EPPF Chairperson position with the assistance of an executive search company. Shortlisted candidates were interviewed by an Eskom panel that consisted of the Chief Financial Officer (CFO), Senior Manager Human Resources, and Recruitment Manager, and all internal governance processes were adhered to. Ms Maisela was not part of the process because she was not shortlisted.
In its decision not to extend Ms Maisela’s appointment, Eskom also considered the fact that Ms Maisela had acted in various roles on the EPPF Board since 2004, which made a total of 16 years, for 12 of which she had been appointed by Eskom. This tenure considerably exceeded the recommended period for a non-executive director in terms of governance processes.
Eskom took the above into consideration and decided that it would not be in the interest of good governance for the EPPF and Eskom to reappoint Ms Maisela as the Chairperson of the EPPF Board.
The CFO recommended the successful candidate’s name to the Group Chief Executive (GCE), and the GCE, in consultation with the Chairman of the Board, recommended the appointment to the People and Governance Committee (P&G), a subcommittee of the Board, for approval. The P&G approved the submitted name and recommended approval of the appointment by the Minister. It must be noted that this is merely a formality as the Minister is not involved in the process identifying new members of the Board. There were delays in soliciting the P&G approval due to the lockdown. The P&G recommendation reached the Minister on 15 May 2020.The Minister approved the recommended candidate on 9 June 2020. Eskom appointed the Chairperson with effect from 1 July 2020, and the name was submitted to the EPPF Board for final approval.
The EPPF Board approved the appointment of Ms Caroline Henry on 15 July 2020, and therefore, Eskom did not have authority to extend Ms Maisela’s appointment beyond 30 June 2020.
It should be noted that Ms Maisela was not the only trustee who was replaced in terms of rule 3.5(1) of the EPPF rules on 30 June 2020, as she was replaced along with two other trustees.
09 September 2020 - NW1592
Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs
Whether she has been informed about the letter that was allegedly written by an official of the National Treasury to the SA Local Government Association (Salga) requesting Salga to apply on behalf of municipalities for exemption from annual salary increases for municipal officials in light of the adverse financial impact of the Covid-19 pandemic; if not, what is the position in this regard; if so, whether (a) a certain person (name furnished) and/or (b) any other employee of her department was copied in the specified letter and/or substantially similar request to Salga; if not, what is the position in this regard; if so, what are the relevant details; what is her department’s position on the National Treasury’s request that Salga applies on behalf of municipalities for exemption from annual salary increases for municipal officials in light of the impact of the Covid-19 pandemic; whether any municipalities have applied to the SA Local Government Bargaining Council for such an exemption; if so, what are the relevant details in each case?
Reply:
-
- Yes, the contents of the letter were brought to my attention.
-
- (a) and (b) Yes, the then Acting Director-General of the Department was copied in the letter.
-
- The South African Local Government Association (SALGA) is a registered employer organisation in the bargaining council designated for municipalities in terms of section 30 of the Labour Relations Act, 1995, representing municipalities that are affiliated to it in the South African Local Government Bargaining Council (SALGBC). As regards, the National Treasury’ request for SALGA to apply for exemption of municipal employees from the 2020/21 annual salary increases, the letter conform to the labour laws of the Republic. It is incumbent upon SALGA in its capacity as the employer representative to use its internal protocols to consult with the relevant municipalities or the mandating structures before embarking on the application referred to in National Treasury’ letter.
End.
-
- Clause 11 of the 2018 - 2021 Salary and Wage Collective Agreement concluded on 15 August 2018 read in conjunction with the Constitution of the SALGBC impose an obligation on municipalities applying for exemptions to lodge their applications with the General-Secretary of the Council and to forward copies to the national offices of the Independent Municipal Allied Workers Union (IMATU) and the South African Municipal Workers Union (SAMWU), not the Minister.
09 September 2020 - NW1311
Groenewald, Mr IM to ask the Minister of Cooperative Governance and Traditional Affairs
1. Whether, with reference to the negative economic impact of the Covid-19 pandemic on communities at large, her department is considering to (a) implement measures to assist municipal ratepayers and/or recommending any prescripts for municipalities to this effect, (b) review the salary structures of some municipalities with excessively large salary expenditure, (c) abolish superfluous posts and (d) institute retrenchment processes where necessary; 2. whether she will make a statement on the matter?
Reply:
-
- (a) To assist the municipal pandemic response, R11 billion has been added to the local government equitable share. These funds will allow municipalities to maintain existing services despite a temporary decline in revenue collections. They will also cover some additional expenses incurred in responding to the pandemic, including providing temporary shelter for homeless people during the lockdown.
These additions have been factored into the basic services component by increasing the number of poor households by 13.9 per cent and increasing the community services component by 41.5 per cent. The increase in the basic services component amounts to R7.5 billion. As a result, an additional 1.4 million poor households can be provided with free basic services, up from 10.4 million households in the 2020 Budget, if they become indigent as a result of a loss of income during the pandemic. The community services component of the equitable share increases by R3.5 billion. The revenue adjustment factor that is applied to this component of the equitable share formula ensures that this increase will benefit poor and rural municipalities with little capacity to raise own revenue. The total allocation for the community services component increased by 32 per cent. This component funds a range of services that are part of the pandemic response, including municipal health services, and services to cemeteries and crematories. Details about the structure of the components of the local government equitable share formula can be found in Annexure W1 of the 2020 Budget Review.
- The department does not have information of municipalities with excessive large salary expenditure.
- The department currently does not have information of municipalities with superfluous posts.
- Retrenchments are determined by employer.
- No.
End.
09 September 2020 - NW1831
Sonti, Ms NP to ask the Minister of Justice and Correctional Services
What (a) total number of persons defaulted on paying their maintenance orders during the lockdown to curb the spread of Covid-19 and (b) steps has his department taken to ensure that maintenance orders are enforced, even during the lockdown
Reply:
(a) Thus far 631 cases have been recorded for failure to comply with maintenance orders during the lockdown period, and these are based on requests made at courts by maintenance beneficiaries. These matters have been enrolled for hearing on different trial dates. It should be noted that these are not first or initial applications for maintenance. Only once a maintenance order is not honoured or defaulted upon, does the beneficiary come back to court.
The enforcement of maintenance court orders is provided for in the Maintenance Act, 1998 (Act No 99 of 1998) (“the Act”). In terms of section 26 of the Act, whenever a person against whom a maintenance order has been made fails to make a payment in accordance with the order, the order shall be enforceable by way of execution against property as contemplated in section 28, or by the attachment of any debt as contemplated in section 30. In terms of section 31 of the Act, any person who fails to make a particular payment in accordance with a maintenance order shall be guilty of an offence
Therefore, the Department of Justice and Constitutional Development only captures information regarding default payments in instances where an application for enforcement of the original court order has been made because of non- compliance with the court order by the defendant.
These 631 cases are therefore not necessarily the total number of defaulters during the lockdown period, as we anticipate that from Alert Level 2, many more maintenance beneficiaries will be approaching the courts to report non-compliance. The statistics thereof will be kept for analysis purposes. Furthermore, given the fact Covid-19 has caused many persons to lose their employment or face reduced incomes, we can anticipate that this will have an effect on default maintenance payments as well.
(b) Courts were sitting on a rotation basis during the different levels of the lockdown. The Department ensured that child maintenance functions were regarded as emergency work/essential services so as to ensure that courts continue to process maintenance complaints and applications. Courts therefore remained operational in respect of maintenance matters, with due adherences to the Covid-19 regulations and prescripts
08 September 2020 - NW1844
Mashabela, Ms N to ask the Minister of Basic Education to ask the Minister of Basic Education
Whether her department has employed the services of psychologists to assist teachers and learners who are facing anxieties as a result of being forced back to school, despite fears of the coronavirus; if not, why not; if so, what are the relevant
Reply:
The DBE has partnered with the National Education Collaboration Trust (NECT) and UNICEF to mobilise psychosocial support for learners and educators. In this regard, UNICEF has contracted Childline to provide services to children through their call centre.
Provincial Education Departments have historically employed psychologists and social workers to support learners and educators. However, there are severe shortages.
Due to the expected impact of COVID-19 on the mental health of learners and educators, and the limited psychosocial support capacity within the sector, the DBE and PEDs collaborated with the Department of Health (DOH) and the Department of Social Development (DSD) as well as other psychosocial support NGOs and organisations. The DSD has availed social work interns in some Provinces. in addition, Provincial Departments have also increased the number of Learner Support Agents in schools.
07 September 2020 - NW1911
De Freitas, Mr MS to ask the Minister of Tourism
With reference to her reply to question 423 on 30 April 2020, what is the set deadline for her to receive the final report on the SA Tourism Board Assessment Reviews?
Reply:
The South African Board Assessment Reviews were received on 13 May 2020.
07 September 2020 - NW1740
Hunsinger, Dr CH to ask the Minister of Transport
What number of (a) claims were received by the Road Accident Fund in the past three years and (b) the specified claims (i) were challenged and (ii) went to trial?
Reply:
The Road Accident Fund (RAF) (a) received 297,610claims[1] in the past three years and (b) (i) 151,530of the claims received were, or are, challenged[2] and (ii) 45,075of the challenged claims were settled by way of a court order[3], of which the exact number of the matters which went on trial could not be ascertained at the time of this response[4].
However, it is important to mention that a study conducted by Professor Hennie Klopperon the RAF mattersset down on the court roll in the Gauteng Division of the High Court, Pretoria revealed that 99.56 % of the matters are settled at the doorstep of court and less than 1% (0.45%) proceed to trial. This study was done in the Pretoria High Court which has the highest number of litigated matters countrywide. Although the research focused on Pretoria, the RAFs observation is that this is reflective of the general trend in all the courts in SA. RAF matters gets settled by both parties and the settlement agreements are then made orders of court. We attached herewith for ease of reference the article by Prof Klopper[5].
-
This number includes personal claims, but excludes supplier claims. ↑
-
Summons was served on the RAF in these matters. ↑
-
This number is inclusive of settlements made an order of court and judgments by the court. ↑
-
The RAF’s claim system does not have an indicator that allows for the identification of claims that went on trial and where judgment was delivered by the court. ↑
-
Prof Hennie Klopper is an Emeritus Professor in the Department of Private Law at University of Pretoria and a legal practitioner at HB Klopper Attorney in Pretoria ↑
07 September 2020 - NW1906
Bozzoli, Prof B to ask the Minister of Higher Education, Science and Technology
(a) Which learning and other programmes currently funded by (i) sector education and training authorities and/or (ii) the National Skills Fund will be negatively affected by a loss in funding in the adjusted budget, (b) what number of (i) students and (ii) service providers are likely to be affected by the budget cuts and (c) what has he found to be the likelihood of the specified service providers going out of business due to the budget cuts?
Reply:
Reply is attached.
07 September 2020 - NW2029
Bozzoli, Prof B to ask the Minister of Higher Education, Science and Technology
(1)(a) Who is the information, communications and technology (ICT) service provider to the Department of Science and Innovation, (b) why is the specified department’s homepage of such poor quality and (c) why is it more offline than online;
Reply:
1.a) There is no one service provider contracted by the department for ICT services. Suppliers are contracted as an when required for goods and services through SITA and Supply Chain Management process.
b) The Department of Science and Innovation (DSI) complies with the GCIS Policy Guidelines for South African Government websites. The guidelines require that all government websites look uniform and that webmasters follow best practices in terms of the website information architecture, that refers to composition of structure, functions and website navigation. The DSI website conforms, in that the home page can be differentiated from other pages in the website. It is organised, displays options and gives a clear overview of what information is available on the website.
The link to the guidelines are below: https://www.gcis.gov.za/sites/default/files/docs/resourcecentre/guidelines/Government_%20website_guidelines_version1_final121015_layout.pdf
The user interface needed improvements and the Content Management System was out of date and vulnerable to hacks. As a result, the website was re-designed and the new DST website was presented to OPCO, thereafter it was presented at the EXCO meeting of 20th February 2017. Thereafter, EXCO has approved rollout of the new website.
c) The website has been down due to the following reasons:
- In the last five years, the website has been down only once (1) for two (2) days due to maintenance problems that needed specialist support in order to resolve.
- The only other time when the website was down is when there are problems on the SITA side since the website depends on the SITA infrastructure. In this case, the downtime has been shorter than a day, limited by the resolution by SITA.
- From the above, it is evident that the website has been up more often up than down.
2. Yes, a breakdown of the history (over the last three years – 2017/18 to 2019/20) of the department’s main ICT contractors and their service level agreements are as follows:
Other relevant details are as follows:
i) The DSI procures goods and services using the departmental SCM procurement processes and also complies with the SITA Act and Regulations for the procurement of IT goods and services.
ii) For the SITA mandated services, the SLA is entered into between the DSI and SITA.
iii) Service level agreements (SLAs) are entered into between the DSI and respective service providers.
SLAs are annually reviewed by the Auditor General to ensure compliance with the required prescripts.
07 September 2020 - NW2222
Waters, Mr M to ask the Minister of International Relations and Cooperation
Whether, the reference to the Foreign Service Act, Act 26 of 2019, in terms of which her department is compelled to render consular services in line with the Guidelines for the Provisions of Consular services, civic and immigration services are fully operational at all the South African missions; if not, (a) which missions do not currently have full operational services and (b) what are the reasons for not providing full operational services in each case?
Reply:
Yes, the Department of International Relations and Cooperation and the Missions abroad have been rendering consular services and civic and immigration services to South African citizens abroad utilising the Consular Services Guidelines of the South African Government. While the Foreign Service Act (FSA), Act 26 of 2019, recognises, acknowledges and reinforces the consular services and civic and immigration services that the Deparment has been rendering to South African citizens abroad, however, the Act is not yet in force.
a) All South African Missions have full services at all times.
b) None.
07 September 2020 - NW1353
De Freitas, Mr MS to ask the Minister of Tourism
Whether the implementation of the Tourism Equity Fund, to which the President of the Republic of South Africa, Mr M C Ramaphosa, referred to in the State of the Nation Address on 13 February 2020, will be unfrozen post Covid-19; if not, what (a) other support mechanisms does her department have to help the sector get back on its feet and (b) are the (i) time frames, (ii) timelines and (iii) deadlines in this regard?
Reply:
The implementation of the TEF was impacted upon by the reprioritisation of government’s budget and has had to be temporarilyput on hold. Given the significance of the Fund in relation to the transformation of the tourism sector, its implementation will continue going forward.
(a) and (b) The implementation of the Tourism Equity Fund is continuing.
07 September 2020 - NW1780
De Freitas, Mr MS to ask the Minister of Tourism
With reference to her reply to question 842 on 28 May 2020, what (a) are the names of the senior and middle management departmental officials who serve on the committee and what is each person’s department, directorate and designation, (b) are the roles and responsibilities of the committee and its members, (c) are the instances when applications are rejected and the reasons for rejecting the application in each case, (d) deadline has been set for the completion of adjudications, (e) are the deadlines for completion and submission of the adjudication report to the Accounting Officer and (f) is the date for the conclusion of the work of the committee and the Tourism Relief Fund?
Reply:
a) Department’s officials who served as members of the Committees were appointed from amongst the ranks of Senior Management Services in the following Chief Directorates within the Department:
- Tourism Incentive Programme
- Destination Planning and Investment Coordination
- Strategy and Systems
- Tourism Visitor Services
The Department will consider a request to reveal the names of the officials and any other information that may results in revealing their names, when such a request is made in accordance with the law that govern access to personal information.
b) The members of the Adjudication Committee considered evaluation recommendations and adjudicated applications based on the criteria and requirements set for funding.
c) Applications that did not meet the requirements and qualification criteria set. Some applicants could not benefit from the TRF because the available money was finished after paying 4000 businesses at R50,000 per business amounting to the Fund’s total of R200 million.
d) There was no date set for the completion of the adjudication process. The process was meant to be completed when adjudication responsibilities were concluded.
e) Adjudication outcome is final and report to Accounting Officer is for information. There was no date set for the completion and submission of the adjudication report to the Accounting Officer. Thereport was to be submitted to the Accounting Officer upon the conclusion of the adjudication process.
f) There was no date set for the conclusion of the work of the committees. The work of the committees/structures ended when their responsibilities were discharged.
07 September 2020 - NW1704
De Freitas, Mr MS to ask the Minister of Tourism
With reference to her reply to question 847 on 28 May 2020, what (a) process is being followed, (b) are the timelines and deadlines for each step of the process and (c)(i) is the name of the person(s) responsible for each step of the process and (ii) is each person’s (aa) responsibility and (bb) mandate in each step of the process?
Reply:
a) The process entails verification, evaluation, adjudication or approval of the application and verification of banking details in the department to payment through South African Tourism.
b) There was no deadline set for the steps of the process, however eachstep flows into the next and each day production progresses to the next step the following day.
c) (i) and (ii) (aa) and (bb)
Various departmental functionaries within the department under leadership DDG: Tourism Sector Support Services were responsible for provision of theICT system support, verification of applications for completeness, adjudication/approval of successful applications, and verification of banking details by the CFO’s office. Evaluation was independently conducted through external assist. Payment were processed through South African Tourism.Personnel information regarding individuals in the committee may be accessed through following procedures in relation to access to personal information.
07 September 2020 - NW1910
Hunsinger, Dr CH to ask the Minister of Transport
How much income has the economy lost due to truck protests and arson attacks in the past three financial years?
Reply:
1. Impact of strikes by truck drivers and arson attacks on the economy (income lost)
South Africa trades with the rest of Africa and is largely through road transportation. The unrests within the road freight transport are negatively affecting the movements of goods and services in the country and the entire continent.
The embarking of strikes by South African truck drivers can be traced back to at least 2017. On 1 March 2017, the disgruntled truck drivers from coal sector organised a march to Union Buildings, which was against the contracting of Independent Power Producers (IPPs) by Eskom. They thought the move by Eskom will affect coal transportation industry and many people would lose their jobs.
- 1.1 Costs and Damages
The tensions between South African and foreign truck drivers have been ongoing for few years now. Most strikes that have happened in the country are against the employment of foreign truck drivers because, South Africans are concerned of the dominance of foreign nationals in not only the trucking industry, but also in other sectors given the high unemployment rate in the country.
The drivers from various truck unions (including All Truck Drivers Foundation) are calling for truck owners to refrain from employing foreign truck drivers in order to preserve jobs for South African. The All Truck Drivers Foundations (ATDF) argues that foreign drivers are being preferred when it comes to employment. It is unfortunate that most of the strikes turned violent.
These truck protests have a negative impact on trade in the country. The blockade of roads affects movements of other road users within the country. The motorists had to use alternative routes or be delayed on their business activities. As a result, two freight trucks were attacked and torched, which were carrying products bound for a grocery store; that led to the closure of the N1 highway near Paarl in Western Cape.
Some protests by truck drivers are over a wage dispute, which resulted in burning of trucks. This happed in April 2018 in Mooi River toll plaza, Kwa Zulu Natal.
According to Road Freight Association, the costs of attacks on trucks is about R1.2 billion with 1200 vehicles and cargo destroyed.
- 1.2 Income contribution
According to Land Transport Survey, which was released by Statistics South Africa in 2018, 77.3% of freight categorised as land freight in South Africa is hauled on its roads, accounting for 73.8% of total land freight income. Figure 1 indicates year-on-year percentage in freight transportation (income at current prices) from Land Transport Survey (P7162), monthly statistical releases.
Figure 1: Percentage Change of Income from Road Freight Transportation
Data Source: Land Transport Survey (StatsSA)
Level of income in the road freight has been increasing in 2017 and 2018. According to StatsSA’s Land Transport Survey, income from road freight transportation has increased by 11.9% and 9.8% in 2017 and 2018, respectively. However, there was a decline of 0.7% in 2019.
As illustrated in Figure 1, income from road freight transportation recorded an increase in all months of 2017 despite a march organised by truck drivers to Union Buildings in Pretoria.
In 2018, there was an increase in income in all months, except only decrease of 3% that occurred in June. The decrease of income in June 2018 was due to truck drivers’ protest regarding a wage dispute and demanding that foreigners should not be permitted to drive trucks in the country.
In 2019, income from road freight transportation decreased from July until the end of the year. This was mainly due to continuous tensions between local and foreign truck drivers. The local drivers accused foreigners of stealing their jobs, while International Cross-Border Traders Association (ICTA) also threatened to prevent SA registered trucks and buses to travel outside borders of SA if the industrial action went ahead.
The effect of COVID-19 and lockdown was experienced in the road freight transport in 2020. The road freight industry recorded a highest drop in income of 40.2%, 21.3% and 18.3% in April, May and June, respectively, which are the highest decline over the past three years. The recent tension occurred in June 2020 and culminated in violence, with trucks being set alight in KwaZulu-Natal, Mpumalanga and Western Cape.
07 September 2020 - NW1912
De Freitas, Mr MS to ask the Minister of Tourism
(1)Whether, with reference to her reply to question 1233 on 28 October 2019, any Memorandum of Understanding (MOU) or Memorandum of Agreement (MOA) has been signed with the relevant authorities in each province in the past three financial years; if so, (2) what are the details of (a) all the persons with whom each specified MOU and MOA was signed respectively and (b) the date on which each MOU and MOA was signed; (3) what are the details of the (a) procedures that have been put in place to ensure that the terms of the memoranda are adhered to and (b) timelines and deadlines that have been set for each memorandum?
Reply:
1. The Department of Tourism has signed Memoranda of Understanding and Agreements (MOU and MOA) with the relevantManagement Authorities of the UNESCO World Heritage Sites in each province, to unlock the potential and competitiveness of tourism in these World Heritage Sites (WHSs). Between 2017/18to 2019/20 financial years the Department has signed MOUs and Agreements with Management Authorities of the following state institutions:Robben Island Museum (WC), Cradle of Humankind (GP), iSimangaliso Wetland Park (KZN), Maloti Drakensberg Transfrontier Park (KZN), Mapungubwe Cultural Landscape (LP), Khomani Cultural Landscape (Kgalagadi Transfrontier Park - NC), Barberton Makhonjwa Mountains(MP), Richtersveld Cultural Landscape (NC), Cape Floral Region (WC & EC) and Vredefort Dome (FS).
(2) The signed MOUs and Agreements clearly outline delegation of authority and powers, roles and responsibilities of each party, governance and institutional arrangements, to support and guide project implementation. The MOUs are signed by the delegated authority in the respective institutions.
(3) (a) and (b) In line with the above response, the signed MOUs and Agreements delineate roles and responsibilities of each party including setting up Project Steering Committees (PSC) to oversee the management of the projects and adherence to contractual obligations including project duration and timeframes for delivery. Most importantly the the PSC provides consistent support and monitor progress throughout the implementation phases of the project/s.
07 September 2020 - NW1759
Hunsinger, Dr CH to ask the Minister of Transport
(1) What (a) are the names of the security companies that the Passenger Rail Agency of South Africa (Prasa) has contracted with in each of the Metrorail corridors per station in each province in the past three financial years and (b) is the (i) start date, (ii) duration and (iii) current status of each specified contract; (2) (a) what number of security staff are employed by Prasa, (b) for what purpose and (c) where have the specified security staff been deployed?
Reply:
(a) (i), (ii) and (iii): See table below.
2. (a) The total number of security staff employed by PRASA is 2 420.(b) Seetable link below.
https://pmg.org.za/files/1/RNW1759Table1.pdf
(c) See table linkbelow.
07 September 2020 - NW1600
Winkler, Ms HS to ask the Minister of Agriculture, Land Reform and Rural Development
What (a) animals are listed under Category A, B, and C of the Game Meat Safety Scheme and (b) are the throughput numbers permitted per species under the Game Meat Safety Scheme; (2) with reference to the provision of the Game Meat Safety Scheme which states that Category A game do not apply to slaughter facilities registered under the Scheme except in special cases under a protocol approved by the Professional Employer Organisation, (a) what are the special cases, (b) what is the total number of the special cases and (c) to whom have the special cases been granted? NW1984E
Reply:
(1)(a),(b) There is no Game Meat Safety Scheme that the Department of Agriculture, Land Reform and Rural Development has approved and implemented. Meat safety is regulated under the Meat Safety Act, 2000 (Act No. 40 of 2000) and the only scheme that has been approvedunder the Act is the Meat Inspection Scheme which was approved by the Minister in 2016 and was implemented in 2017.
(2)(a),(b),(c) Falls away.
07 September 2020 - NW1781
De Freitas, Mr MS to ask the Minister of Tourism
(a) What total number of meetings has the SA Tourism Board held (i) in each month in each of the past three financial years and (ii) since 1 April 2020, (b) which board members attended meetings in each month respectively, (c) what was the duration of each meeting and (d) what total amount of hours did each member attend each meeting in each specified month?
Reply:
(a) What total number of meetings has the SA Tourism Board held
(i) in each month in each of the past three financial
2017-2018 The SAT Board had in total 5 meetings (Please refer to Page 65 of the 2017-2018 SA Tourism Annual Report for more detail ). Please refer to the following link for electronic copy:https://live.southafrica.net/media/234722/sat-annual-report-final.pdf?downloadId=275971
2018-2019The SAT Board had in total 11 meetings (Please refer to Page 86 of the 2018-2019 SA Tourism Annual Report). Please refer to the following link for electronic copy: https://live.southafrica.net/media/276590/sa-tourism-annual-report-v11_web.pdf
2019-2020
Month |
(a) Total number of meetings |
(b) Which board members attended meetings in each month respectively |
(c) Duration of each meeting |
(d) What total amount of hours did each member attend each meeting in each specified month |
April Two meetings were scheduled |
10 April 2019 (Special Board meeting with Minister) |
Attendees (seven members): Ms. Pamela Yako, Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Mr. Enver Duminy, Ms. Kate Rivett-Carnac, Ms. Nomzamo Bhengu Apologies (six members) : Dr. Tanya Abrahamse,Ms.Ms. Lindiwe Sangweni-Siddo, Mr. Mohammed Baba, Mr. David Frost, Ms. Dawn Robertson,Dr. Yacoob Abba Omar |
Two hours |
The seven board members present attended the full two hours of the board meeting |
23 April 2019 |
Attendees (eight members): Ms. Pamela Yako, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Nomzamo Bhengu, Ms. Ms. Lindiwe Sangweni-Siddo, Mr. Mohammed Baba, Mr. David Frost Apologies (five members) : Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Mr. Enver Duminy, Dr. Yacoob Abba Omar, Ms. Dawn Robertson |
Four hours |
The eight board members present attended the full four hours of the board meeting |
|
May Two meetings were scheduled |
3 May 2019 (Indaba) |
Attendees (twelve members): Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Mr. Thebe Ikalafeng,Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms.Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Mohammed Baba, Mr. David Frost, Dr. Yacoob Abba Omar, Ms. Dawn Robertson Apologies (one member) : Mr. Enver Duminy |
Two hours |
The twelve board members present attended the full two hours of the board meeting |
30 May 2019 |
Attendees (nine members): Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Mr. Thebe Ikalafeng,Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Michelle Constant, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu Apologies (four members): Dr. Yacoob Abba Omar, Ms. Dawn Robertson, Mr. Mohammed Baba, Mr. David Frost |
Five hours |
The nine board members present attended the full five hours of the board meeting |
|
June One meeting scheduled |
26 June 2019 (Special Board meeting with Minister) |
Attendees (ten members) Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Mohammed Baba, Mr. David Frost, Ms. Dawn Robertson Apologies (three members) : Mr. Enver Duminy, Ms. Michelle Constant, Dr. Yacoob Abba Omar |
Three hours |
The ten board members present attended the full three hours of the board meeting |
July Two meetings were scheduled |
3 July 2019 (Special Board meeting) |
Attendees (eleven members): Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Thebe Ikalafeng, Mr. Ravi Nadasen, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, , Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Ms. Dawn Robertson, Mr. Enver Duminy, Dr. Yacoob Abba Omar Apologies (one member): Mr. David Frost Resignation (one member) : Mr. Mohammed Baba |
Five hours |
The eleven board members present attended the full five hours of the board meeting |
30 July 2019 (Special Board meeting) |
Attendees (nine members) Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Dawn Robertson, Mr. Enver Duminy, Dr. Yacoob Abba Omar Apologies (two members) : Mr. Thebe Ikalafeng, Ms. Nomzamo Bhengu Resignation (one member) : Mr. David Frost |
Three hours |
The nine board members present attended the full three hours of the board meeting |
|
August One meeting (two-day lekgotla) was scheduled |
16-17 August 2019 (Board Lekgotla) |
Attendees (twelve members) Ms. Pamela Yako, Dr. Tanya Abrahamse, Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Dr. Yacoob Abba Omar, Mr. Siyabonga Dube, Ms. Zola Tshefu Apologies (one member) : Ms. Dawn Robertson New Appointments (two members): Mr. Siyabonga Dube, Ms. Zola Tshefu |
Two days |
The nine board members present attended the full two days of the board lekgotla |
September No meeting held |
||||
October Two meetings were scheduled |
4 October 2019 |
Attendees (ten members) Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Ms. Dawn Robertson, Mr. Siyabonga Dube, Ms. Ms. Zola Tshefu Apologies (one member) : Dr. Yacoob Abba Omar Resignations (two members): Ms. Pamela Yako, Dr. Tanya Abrahamse |
Five hours |
The ten board members present attended the full three hours of the board meeting |
28 October 2019 |
Attendees (eleven members) Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Ms. Dawn Robertson, Dr. Yacoob Abba Omar, Mr. Siyabonga Dube, Ms. Zola Tshefu Apologies : None |
Five hours |
The eleven board members present attended the full five hours of the board meeting |
|
November One meeting was scheduled |
28 November 2019 |
Attendees (nine members) Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Mr. Siyabonga Dube, Ms. Zola Tshefu Apologies (two members) : Dr. Yacoob Abba Omar, Ms. Dawn Robertson |
Five hours |
The nine board members present attended the full five hours of the board meeting |
December No meeting held |
||||
January One meeting was scheduled |
30 January 2020 |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Michelle Constant, Ms. Kate Rivett-Carnac, Ms. Lindiwe Sangweni-Siddo, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Mr. Siyabonga Dube, Ms. Zola Tshefu, Ms. Dawn Robertson Apologies (one member) : Dr. Yacoob Abba Omar |
Six hours |
The ten board members present attended the full six hours of the board meeting |
February Four meetings were scheduled |
6 February 2020 (Special Board meeting) |
Attendees (seven members): Mr. Ravi Nadasen, Mr. Thebe Ikalafeng, Ms. Kate Rivett-Carnac, Ms. Nomzamo Bhengu, Mr. Enver Duminy, Mr. Siyabonga Dube, Ms. Dawn Robertson Apologies (four members): Dr. Yacoob Abba Omar, Ms. Michelle Constant, Ms. Lindiwe Sangweni-Siddo, Ms. Zola Tshefu |
Three hours |
The seven board members present attended the full three hours of the board meeting The seven board members present attended the full six hours of the board meeting |
18 February 2020 (Board Risk Assessment) |
Attendees (seven members): Mr. Ravi Nadasen, Ms. Kate Rivett-Carnac, Dr. Yacoob Abba OmarMr. Siyabonga Dube, Ms. Michelle Constant, Ms. Lindiwe Sangweni-Siddo, Ms. Zola Tshefu Apologies (four members): Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson Ms. Nomzamo Bhengu |
Six hours |
||
27 February 2020 (Special Board meeting with Minister) |
Attendees (four members) Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Ms. Lindiwe Sangweni-Siddo, Apologies (six members): Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson Ms. Nomzamo Bhengu ,Ms. Kate Rivett-Carnac, Dr. Yacoob Abba Omar, Ms. Zola Tshefu |
Two hours |
The four board members present attended the full two hours of the board meeting |
|
28 February 2020 (Special Board) |
Attendees (nine members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Nomzamo Bhengu ,Ms. Kate Rivett-Carnac, Ms. Zola Tshefu Apologies (two members) : Dr. Yacoob Abba Omar, Ms. Lindiwe Sangweni-Siddo |
Four hours |
The nine board members present attended the full four hours of the board meeting |
|
March Two meetings were scheduled |
27 March 2020 |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Dr. Yacoob Abba Omar, Ms.Lindiwe Sangweni-Siddo, Ms. Zola Tshefu Apologies (one member): Ms. Nomzamo Bhengu |
Three hours |
The ten board members present attended the full three hours of the board meeting |
31 March 2020 |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Dr. Yacoob Abba Omar, Ms.Lindiwe Sangweni-Siddo, Ms. Zola Tshefu Apologies (one member): Ms. Nomzamo Bhengu |
One and half hour |
The ten board members present attended the full three hours of the board meeting |
(ii) And since 1 April 20202020-2021
Month |
(a) Total number of meetings |
(b) Which board members attended meetings in each month respectively |
(c) Duration of each meeting |
(d) What total amount of hours did each member attend each meeting in each specified month |
April Six meetings were scheduled |
15 April 2020 |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Dr. Yacoob Abba Omar,Ms. Lindiwe Sangweni-Siddo, Ms. Zola Tshefu Apologies (one members): Ms. Nomzamo Bhengu |
Twohours |
The ten board members present attended the full two hours of the board meeting |
20 April 2020 (Special Board meeting) |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Dr. Yacoob Abba Omar,Ms. Lindiwe Sangweni-Siddo, Ms. Zola Tshefu Apologies (one member): Ms. Nomzamo Bhengu |
Twohours |
The ten board members present attended the full two hours of the board meeting |
|
21 April 2020 (Special Board meeting with Minister) |
Attendees (eleven members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Dr. Yacoob Abba Omar, Ms. Lindiwe Sangweni-Siddo, Ms. Zola Tshefu, Ms. Nomzamo Bhengu Apologies : None |
One hour |
The eleven board members present attended the full one hour of the board meeting |
|
24 April 2020 (Special Board meeting) |
Attendees (nine members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Michelle Constant, Mr. Thebe Ikalafeng, Mr. Enver Duminy, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac, Ms.Lindiwe Sangweni-Siddo, Ms. Zola Tshefu Apologies (two members): Ms. Nomzamo Bhengu, Dr. Yacoob Abba Omar |
Two hours |
The nine board members present attended the full two hours of the board meeting |
|
28 April 2020 (Special Board meeting) |
Attendees (seven members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Mr. Thebe Ikalafeng, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo, Ms. Zola Tshefu Apologies (four members): Ms. Nomzamo Bhengu, Ms. Michelle Constant, Dr. Yacoob Abba Omar, Mr. Enver Duminy |
Two hours |
The seven board members present attended the full two hours of the board meeting |
|
30 April 2020 |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Mr. Thebe Ikalafeng,Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo, Ms. Michelle Constant, Dr. Yacoob Abba Omar, Mr. Enver Duminy, Ms. Zola Tshefu Apologies (one member): Ms. Nomzamo Bhengu |
Six hours |
The ten board members present attended the full six hours of the board meeting |
|
May Five meetings were scheduled |
5 May 2020 |
Attendees (eleven members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Mr. Thebe Ikalafeng,Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo, Mr. Enver Duminy , Ms. Michelle Constant, Ms. Zola Tshefu,Adv. Mojanku Gumbi, Ms. Gloria Serobe Apologies (one member): Ms. Nomzamo Bhengu Resignation: Dr. Yacoob Abba Omar New Appointments: Adv. Mojanku Gumbi and Ms. Gloria Serobe |
Onehour |
The eleven board members present attended the full one hour of the board meeting |
7 May 2020 |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Mr. Thebe Ikalafeng, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms. Lindiwe Sangweni-Siddo, Ms. Michelle Constant, Ms. Zola Tshefu,Adv. Mojanku Gumbi, Ms. Gloria Serobe Apologies (two members) : Ms. Nomzamo Bhengu, Mr. Enver Duminy |
One hour |
The ten board members present attended the full one hour of the board meeting |
|
14 May 2020 (Special Board meeting with Minister |
Attendees (eleven members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Mr. Thebe Ikalafeng,Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms. Lindiwe Sangweni-Siddo, Ms. Michelle Constant, Mr. Enver Duminy, Adv. Mojanku Gumbi, Ms. Gloria Serobe, Ms. Zola Tshefu Apologies : Ms. Nomzamo Bhengu |
Twohours |
The eleven board members present attended the full two hour of the board meeting |
|
18 May 2020 (Special Board meeting) |
Attendees (nine members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms. Lindiwe Sangweni-Siddo, Mr. Enver Duminy, Adv. Mojanku Gumbi, Ms. Gloria Serobe, Ms. Zola Tshefu Apologies (three members): Ms. Nomzamo Bhengu, Mr. Thebe Ikalafeng, Ms. Michelle Constant |
One hour |
The nine board members present attended the full one hour of the board meeting |
|
27 May 2020 (Special Board meeting) |
Attendees (ten members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, ,Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo,Mr. Enver Duminy, Adv. Mojanku Gumbi, Ms. Gloria Serobe, Ms. Zola Tshefu, Mr. Thebe Ikalafeng, Ms. Michelle Constant Apologies : Ms. Nomzamo Bhengu |
One hour |
The ten board members present attended the full one hour of the board meeting |
|
June One meeting scheduled |
26 June 2020 (Board Induction) |
Attendees (thirteen members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo,Mr. Enver Duminy, Adv. Mojanku Gumbi, Ms. Gloria Serobe, Ms. Zola Tshefu, Mr. Thebe Ikalafeng, Ms. Michelle Constant,Ms. Nomzamo Bhengu, Mr.Mduduzi Zakwe Apologies: None New Appointment (one member): Mr. Mduduzi Zakwe |
Six hours |
The thirteen board members present attended the full six hours of the board meeting |
July Two meetings scheduled |
8 July 2020 (Board meeting with Minister) |
Attendees (twelve members): Mr. Siyabonga Dube, Adv. Mojanku Gumbi, Mr. Ravi Nadasen,Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms. Lindiwe Sangweni-Siddo,Mr. Enver Duminy, Ms.Gloria Serobe, Ms. Zola Tshefu, Mr. Thebe Ikalafeng, Ms. Michelle Constant,Mr.Mduduzi Zakwe Apologies (one members): Ms. Nomzamo Bhengu |
One hour |
The twelve board members present attended the full one hour of the board meeting |
30 July 2020 |
Attendees (twelve members): Mr. Ravi Nadasen, Mr. Siyabonga Dube, Ms. Dawn Robertson, Ms. Kate Rivett-Carnac,Ms.Lindiwe Sangweni-Siddo,Mr. Enver Duminy, Adv. Mojanku Gumbi, Ms.Gloria Serobe, Ms. Zola Tshefu, Mr. Thebe Ikalafeng, Ms. Michelle Constant,Mduduzi Zakwe Apologies (one member): Ms. Nomzamo Bhengu |
Six hours |
The twelve board members present attended the full six hours of the board meeting |
07 September 2020 - NW1491
Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development
What is the current status of employment of certain persons (names furnished) in the National Geomatics and Management Services of her department; (2) Whether the two specified employees faced disciplinary hearings; if not, in each case, why not; if so, what are the relevant details in each case; (3) Whether any of the two employees have been (a) suspended and/or (b) placed on a leave of absence; if so, (i) on what date was each employee suspended and/or placed on a leave of absence, (ii) on what grounds was each employee suspended and/or placed on a leave of absence and (iii) for what period was each employee suspended and/or placed on a leave of absence; (4) whether each employee is still receiving remuneration; if not, why not, in each case; if so, what are the relevant details in each case; (5) whether the two employees are still employed by her department and/or any entity reporting to her; if so, in each case, (a) in which department and/or entity is each person employed and (b) what job title does each person hold?
Reply:
1. The two officials are currently employed in the Department.
2. Yes. The two specified employees are currently facing disciplinary action:
- Chief Surveyor-General: The allegations relate to irregularities in the handling of Project Vulindlela. The matter was referred to the General Public Service Sector Bargaining Council (GPSSBC) for inquiry by the arbitrator and was set-down more than three times but did not proceed. The Department is awaiting the set-down date from the GPSSBC for the matter to proceed.
- Chief Director Cadastral Spatial Information: The allegations relate to irregularities in the handling of Project Vulindlela. The matter was referred to the GPSSBC for inquiry by the arbitrator. The Department is awaiting the set-down date from the GPSSBC for the matter to proceed.
(3)(a),(b),(i),(ii) Please refer to the table below.
Name |
a) Suspended (Yes/No) |
b) Leave of Absence (Yes/No) |
(a)(i) Date of suspension |
(a)(ii) Reasons for the suspension (type of misconduct) |
(a)(iii) Duration of suspension |
Chief Surveyor-General |
Yes |
No |
11 May 2017 |
Possible interference (irregularities in the handling of project) |
38 months (Commenced 11 May 2017 and still on suspension) |
Chief Director Cadastral Spatial Information |
Yes |
No |
10 May 2017 |
Possible interference (irregularities in the handling of project) |
38 months (Commenced 10 May 2017 and uplifted on 4 November 2019) |
4. Yes. Please refer to the table below.
Name |
Suspension with pay (Yes/No) |
Cost of suspension |
Chief Surveyor-General |
Yes |
R2 693 663.7 |
Chief Director Cadastral Spatial Information |
Yes |
R1 217 265.70 |
5. Yes.
a) The two employees are still employed by the Department in the Branch: National Geomatics and Management Services.
b) The employees hold the posts of Chief Surveyor-General and of Chief Director: Cadastral Spatial Information respectively.
07 September 2020 - NW1282
Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development
What (a) total number of (i) judgments and (ii) court orders were made against (aa) her and (bb) her predecessors (aaa) in each of the past three financial years and (bbb) since 1 April 2020, (b) total number of the specified judgments and court orders (i) have been implemented and (ii) await implementation by her department and (c) are the details of each judgment and court order?
Reply:
(a)(i),(ii),(aa),(bb), (aaa): 2017-2018
- Minister AT Didiza (MP): 0
- Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 30
(aaa): 2018-2019
- Minister AT Didiza (MP): 0
- Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 17
(aaa): 2019-2020
- Minister AT Didiza (MP): 11
- Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 0
(bbb): Since 1 April 2020
- Minister AT Didiza (MP): 1
- Predecessors (Mr GE Nkwinti, Ms M Mashabane-Nkoana and Mr Zokwana): 0
b) Total number of the specified judgments and court orders59:
- Implemented: 39
- Await implementation: 20
(c) Please refer to Annexure A.
ANNEXURE A OF NA-QUES 1282 OF 2020
MINISTEROF RURAL DEVELOPMENT AND LAND REFORM:2017/2018 |
||||
No |
Case details |
(i) (aa)Status of implementation |
(ii)(aa)Nature of court order |
(ii)(bb)Nature of judgement |
1 |
Zuiping-Dithabaneng Community Traditional Council // Minister of DRDLR,Title Adjustment Commissioner & Others |
The designation of land and appointment of a Commissioner in terms of Act 111 of 1993 has been done and he is conducting a land rights enquiry in accordance with the Act. |
The applicant required the appointment of the Commissioner in terms of Act 111 of 1993 |
On 26 February 2018, the Land Claims Court ordered that the Minister (3rd Respondent) is directed to appoint a Title Adjustment Commissioner in terms of section 3 of the Land Titles Adjustment Act 111 of 1993. |
2 |
M. M. Rahube // Minister of Drdlr, H. Rahube & Others |
The Upgrading of Land Tenure Amendment Bill was introduced to Parliament on 6 May 2020. Parliament has until 30 April 2021 to enact the amendments. |
On 30 October 2018 he Constitutional Court ordered Parliament to introduce a procedure for the determination of the rights of ownership and occupation of land to cure the constitutional invalidity of section 2 (1) of the Upgrading of Land Tenure Rights Act 112 of 1991. Parliament was given until 30 April 2020. Subsequent to the 2018 order, the Minister of Agriculture, Land Reform and Rural Development applied for and was granted an extension of the suspension of the Constitutional Court’s declaration of invalidity for a further twelve months until 30 April 2021. |
The Court ordered the amendment of Upgrading of Land Tenure Rights Act 112 of 1991. |
3 |
Felicity Audrey Stirling // Minister of Drdlr, The Registrar of Deeds: Pretoria |
Orders complied with. Full amount paid by the Branch Deeds Registration, of which an attempt will be made to recover 50% from the third respondent. State Attorney requested to initiate recovery proceedings against third Respondent. |
The Applicant was fraudulently deprived of her fixed property and brought an application for the cancellation of the fraudulent transfers, which was duly granted. |
The Registrar of Deeds was found to be negligent in its transfer of the property and was ordered, jointly and severally with the third Respondent to pay the First Respondent R3 830 397.58 together with interest in lieu of damages and legal costs. |
4 |
The Forum of Concerned Residents of the Naledi & Dr Ruth S Mompati Districts // The Minister of Rural Development and Land Reform. |
Subsequent to the settlement agreement reached by the parties, the Branch Deeds Registration embarked on a project to develop the Electronic Deeds Registration System, during which public consultation was undertaken. Once the EDRS is ready to be implemented, the status quo in the Vryburg deeds registry can change. Simultaneously, the Branch Deeds Registration intends opposing Part B of the application (to review and set aside the Minister’s decision to transfer the land parcels from Vryburg to Kimberley, to reduce the jurisdiction of the Vryburg deeds registry and to establish a deeds registry in Mahikeng). Part B still pending. |
As part of the alignment of the jurisdiction of deeds registries in South Africa, the Minister intended to transfer land parcels from the Vryburg deeds registry to the Kimberley deeds registry, as they are situated in the Northern Cape Province. The Applicants brought an urgent application on interdicting the Minister from transferring the property (Part A) and that Minister’s decision to transfer the afore-mentioned properties be reviewed and set aside. The orders in respect of 1 and 2 above will remain in force pending the outcome of Part B of the Notice of Motion under the above case number. The costs relating to Part A of the Notice of Motion are reserved for adjudication when Part B of the Notice of Motion is heard. |
The parties agreed on the following settlement order: That the status quo of the Vryburg deeds registry is to remain unchanged until such time as the electronic deeds registration system is ready to be implemented. That sufficient public participation processes will precede the envisaged implementation of the electronic deeds registration system. |
5 |
G Herbert No and 4 others vMinister of Rural Development and Land Reform and others |
A wholistic amendment of the Upgrading of Land Tenure Rights 112 of 1991 will be undertaken in due course. |
Legislation declared inconsistent with the Constitution of the Republic of South Africa: - Legislation: Land Affairs General Amendment Act 61 of 1998 read with s25 A of the Upgrading of Land Tenure Rights 112 of 1991 |
The Court ordered that section 25A is unconstitutional in so far as it does not extend the application of section 3 of the Act to the entire Republic. The court ordered that section 25A from 22 August 2019 must be read as if it makes no reference to section 3 of the Act. |
6 |
Hlalefo S Moshoeshoe v Minister of Rural Development and Land Reform and others |
Conveyancers have been instructed and are currently busy with the transfer of the property |
Transfer of property, as described, into the name of the Applicant and is responsible for all the fees and transfer costs and duties as may be applicable. |
The court ordered the transfer of the property to the Applicant. |
7 |
Patrick s Mpaka v KSD Municipality &Minister of Police &Minister of DRDLR |
Not applicable |
The Municipality sought to use a court order which was obtained in 2011 to effect evictions to illegal occupations which happened in 2017. The 2017 illegal occupants applied for an interdict in that the 2011 order did not apply to them. |
Interdict was granted. |
8 |
Alfred Shongwe / The Minister of Rural Development and Land Reform & Others |
The Applicant has been relocated to portion 3 of the farm Vaalpoort, temporary houses were constructed for the family. The Department is in the process of transferring the subdivided portion of the farm to the Shongwe family |
Mr Shongwe approached the Court for a declaratory order as a Labour Tenant and for the Department to provide him with a suitable accommodation. |
Mr Shongwe was declared a Labour tenant and the Department was ordered to assist him in looking for, identifying and acquiring suitable land for him. |
9 |
Mzayifane Hadebe & Others /Minister of RDLR & Others |
The gravel road leading to the Hadebe settlement has been completed. Nine houses were about to be completed as the country went into lockdown. The fencing of the 250 hectares of land awarded to the Hadebes, preparation of arable and the transfer of land to them is ongoing. |
Mr Hadebe approached the Court for an order to compel the Department to build his family a house, construct the road leading to his homestead and also for the Department to register a Communal Property Association for the benefit of his family. |
The Court granted the prayers as requested by Mr Hadebe.. |
10 |
Asla Construction (Pty) Ltd Vs the Minister Of Rural Development And Land Reform & Exeo Khokela Civil Engineering Construction (Pty) Ltd. |
The court order was implemented as directed and the tender was awarded to ASLA (Pty) Ltd. |
This was an application for the review of the award of a tender in terms of the Promotion of Administrative Justice Act 3 of 2000 (PAJA) |
The decision of the Department taken on or about 13/02/2018 to disqualify ASLA Pty. Ltd. and award the tender to EXEO KHOKELA (Pty) Ltd was reviewed and set aside. The Department was directed to award the tender to ASLA (Pty) Ltd within 30 days of the date of the order. |
11 |
Minister of Rural Development and Land Reform v Public Servants Association obo JA George & others |
Implemented. |
Employees referred a dispute regarding their placement in terms of the Occupation Specific Dispensation to arbitration. Award was in their favour. Department took award on review. Department’s review application was dismissed, and arbitration award was implemented |
Department’s review application was dismissed, with costs. |
MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES:2017/2018 |
||||
12 |
ALCARI 406 CC vs The Minister and others |
Implemented |
This was an application to compel the Minister to finalise the Appeal on a subdivision of land matter. |
The Court ordered the Minister to finalize the Appeal. |
13 |
Zonnebloem Coal vs The Minister |
Implemented |
This was an application to compel the Minister to finalise the Appeal on a subdivision of land matter. |
The Court ordered the Minister to finalize the Appeal. |
14 |
Meister Cold Store (Pty) Ltd // The Minister |
Implemented |
This was an application to compel the Minister to take a decision on an application for certification of a cold storage. |
Court ordered the Minister to take a decision on the Applicant’s application for certification of its cold storage. |
15 |
B & B Properties (Pty) Ltd & others vs the Minister, Dr Mcdonald Gayakaya |
Implemented |
This was an application to review and set aside the decision of the Director: Animal Health to test the Buffalos. |
The decision of the Director was reviewed and set aside. |
16 |
Oluf Hendrik Erichsen N.O vs The Minister |
Implemented |
This was an application to compel the Minister to take a decision on application for export certification. |
The Minister finalised the matter by granting the certificate. |
17 |
Eurosemillas S.A vs The Minister |
Implemented |
This was an application to compel the Minister to instruct the Department to appoint a service provider who had been successful in the quote process. |
The Applicant succeeded, and the Minister was ordered to instruct the department accordingly. |
18 |
Viking vs Minister of Agriculture, Forestry and Fisheries |
Implemented |
Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector |
The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside |
19 |
Hackey vs Minister of Agriculture, Forestry and Fisheries |
Implemented |
Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector |
The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside |
20 |
Boloko vs Minister of Agriculture, Forestry and Fisheries |
Implemented |
Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl Sector |
The decision of the Minister to allocate rights in the Hake Inshore Trawl Sector was reviewed and set aside |
21 |
Lofty Du Bruyn N.O vs The Minister |
Implemented |
This was an application to compel the Minister to register a right of way over the farm. |
The application was granted, and the Minister approved the registration of the servitude. |
22 |
Nanaga Property vs The Minister |
Implemented |
This was an application to review and set aside the decision of delegated authority to remove 10 Milkwood trees. |
The decision of the Minister was reviewed and set aside. |
23 |
Xhalibile Kleinbooi Phindiso vs The Minister and others |
Implemented |
This was an application to compel the Minister to sell specified land to the Applicant and others. |
The Court ordered the Minister to sell the land to the Applicant. |
24 |
South African Veterinary Association vs Minister of Agriculture, the Speaker of the National Assembly and others |
Implemented |
This was an application to declare the amendment of the Medicine and related substances control act, 1995 (Act No.101 of 1995) unconstitutional. |
The Amendment was declared unconstitutional. |
25 |
Federated Meats (Pty) Ltd vs The Minister |
Implemented |
This was an application of semi-urgency requesting an order to declare that the Applicant is entitled to use any approved laboratory to meet the statutory and the regulatory obligation for the testing of imported meat. |
The Court ordered that the Applicant can use any approved Laboratory. |
26 |
Sofiline (Pty) Ltd vs The Minister. |
Implemented |
This was an application to review and set aside the decision of the Minister not to grant approval for the subdivision of agricultural land. |
The Court ordered the Minister to grant the application for subdivision of land. |
27 |
HL Hall & Sons Properties vs The Minister. |
Implemented |
This was an application to review and set aside the decision of the Minister. |
The decision referred was back to the Minister for reconsideration. |
28 |
TD Mashinini vs The Minister and others. |
Implemented |
The Applicant made an application to Court for an order to compel the Minister to transfer specified property to him. |
The parties’ agreement for the transfer of the farm to the Applicant was made the order of the Court. |
29 |
Maxrae Estates vs The Minister |
Implemented |
This was an application to compel the Minister to take a decision on the Appeal lodged for the subdivision of agricultural land. |
The Court ordered the Minister to take a decision within sixty days (60). |
30 |
Petrus Laubscher Coetzee & Others vs the Minister & Others |
Implemented |
This was an application to compel the Minister to transfer three portions of agricultural land into the names of the Applicants. |
The Court ordered the Minister to transfer the three portions of land to the Applicants. |
MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: 2018/2019 |
||||
No |
Case details |
(i) (aa)Status of implementation |
(ii)(aa)Nature of court order |
(ii)(bb)Nature of judgement |
31 |
Bakgatla Ba Kgafela Communal Property Association // Minister of Drdlr |
The implementation of the court order has been finalized. |
The applicants were seeking an order that the DG assist them with the holding of the general meeting and the election of the new executive committee of the CPA. |
The court ordered that the DG should take all necessary steps to assist the CPA to hold the Annual General Meeting and monitor the election of the new executive committee. The CPA appealed the judgment at the constitutional court. The constitutional court dismissed the appeal. |
32 |
B Mwelase vs DG and Minister |
The Special Master was appointed on 10 December 2019. On 29 May 2020, the Special Master submitted an implementation plan to the Land Claims Court and such a Plan is still being considered by the Land Claims Court. |
The Mwelase matter comprised of two applications. The first application sought an order to compel the Director General to refer to the Land Claims Court 4 labour tenant applications; and the second application was a class action seeking an order to compel the Department to process labour tenant applications under the supervision of a Special Master. The 4 labour tenant applications were referred to the Land Claims Court by the Director General in November 2013. |
On the 8th December 2016, the Land Claims Court granted an order against the Department, a special master was appointed by the court to oversee compliance with Labour tenants Act by the Department. The Department lodged an application for leave to appeal with the Land Claims Court and such was granted on the 1st March 2017. The appeal was heard by the SCA on 13 March 2018 and the appeal was decided in favour of the Department on 17 August 2018. AFRA appealed to the Constitutional Court and on 20 August 2019, the court issued a judgment which re-instated the initial order of the Land Claims Court dated 8th December 2016. |
33 |
Nieuco properties 1005 (Pty) Ltd// Minister of Drdlr |
Nieuco Properties must still refer the case to the North Gauteng High Court for the determination of the quantum. |
Veld fire claim instituted against the Department in terms of the National Veld and Forest Fire Act, Act 101 of 1998 where a private farm was damaged by veld fires that started on a state-owned farm. |
The case was initially decided in favour of the Department by the North Gauteng High Court however, Nieuco Properties lodged an appeal which was heard by the SCA on 31 August 2018 and judgment delivered in favour of Nieuco Properties on 21 September 2018. |
34 |
JM Tshabalala vs Minister & others |
The property was transferred into the name of the beneficiary on 20 March 2020. |
The applicants were seeking an order that the Minister and DG should acquire land on behalf of labour tenants and a just and equitable compensation to be paid to the landowner. |
The Land surveyor appointed by the Department was to conduct an inspection in loco to ascertain the correctness of the fencing around the portion to be acquired; the conveyancers appointed were to proceed with the transfer of the portion upon receipt of guarantees from the Department. |
35 |
Pretoria Attorneys Association & 12 others // The Minister of Rural Development and Land Reform & 4 others |
The Branch duly complied with the settlement agreement. Minister subsequently halted / terminated this process, following a legal opinion to the effect that the process followed may have been flawed. Minister instructed that the re-alignment process be re-initiated, in accordance with all applicable legal strictures (including the provisions of PAJA). |
The Minister, through a Public Notice expressed his intention to align the jurisdiction of the Deeds registries in the Gauteng province (Johannesburg and Pretoria) according to metropolitan municipal boundaries. The Applicants objected thereto, stating that the Minister failed to conduct a public consultation process as enjoined by PAJA and prayed that the Minister be interdicted from implementing the decision to align the areas of jurisdiction of the afore-mentioned deeds registries. |
The parties agreed that the Minister will not proceed with the alignment initiative in the Gauteng province until the Minister takes the decision to align the deeds registries in Gauteng in accordance with the prescripts of PAJA. |
36 |
Neels van Tonder Trust vs Minister of Drdlr, Mogabule (LCC04/2018) |
Not applicable. It was found that Mr Magabole already had alternative accommodation. |
The applicant Mr. Van Tonder applied for eviction order against Mr. Magabole and his family. |
Eviction Order was made on 28/05/2018. The Department was ordered to provide alternative accommodation to Mr. Mogabodi in terms of section 4 of the Extension of Security of Tenure Act (ESTA). |
37 |
Roodepoort Grondeienaarsvereeniging vs Minister of Drdlr, Roodepoort 63 Community (642/17 and 643/17) |
The Department is in the process of complying with the court order in consultation with the City of Tshwane. |
The applicant Rooderpoort Grondeinaarsvereening applied for an order to compel the City of Tshwane to evict the occupiers who has established a squatter camp in the City property which is adjacent to the applicant’s properties. The High Court Granted the Order but the respondents took the matter on appeal and the decision of the High Court was overturned. On appeal Decision, the Supreme Court ordered the Minister to prepare and file a report with the High Court on the Department`s ability to provide the alternative accommodation as provided for in terms of section 4 of the Extension of Security of Tenure Act (ESTA). |
The Department was ordered to submit a report to the High Court on its ability to provide alternative accommodation as per its mandate in terms of section 4 of the Extension of Security of Tenure Act (ESTA). |
38 |
Hlaniki Trust vs Minister of Drdlr, Daniel Sibanyoni (LCC59/2018) |
The Department complied with the court order. |
Hlaniki Trust applied for an eviction order against Mr. Sibanyoni who is an occupier. During the Preceding the Land Claims Court issued a directive order, ordering the Minister to submit a report on the Department’s ability to provide alternative accommodation in case of eviction. |
Department was ordered to submit a report on ability to provide alternative accommodation in terms of section 4 of the Extension of Security of Tenure Act (ESTA). |
39 |
Hupp Properties vs Moneni (308/2017)// Minister of Drdlr & others |
The matter was heard, and eviction granted. Mr Moneni moved into his RDP house. |
Hupp Properties applied for the eviction of the occupier Mr. Moneni and his family. |
The eviction order was granted against Mr Moneni and his family and the Minister was ordered to provide alternative accommodation for Mr. Moneni in terms of section 4 of the Extension of Security of Tenure Act (ESTA). |
40 |
Land and Agricultural Bank V Cpad Holdings Pty Ltd, Alfred Mde, Minister of Drdlr and 4 Others |
The Department has appointed a valuer to determine the value of the property so that it can satisfy the debt to Land Bank whilst retaining the property for purposes of Land Reform. |
The Land Bank approached the court to vary a Forfeiture Order, which sought to transfer the property to the Department. This order was to include the protection of their interests as bondholders. |
The court granted the inclusion of the protection of the interests of the bondholders in the Forfeiture Order. |
41 |
Anjucel & Another v Minister of Drdlr, Shadrack Bhekanini Ntshingila NO & others (Case no LCC 25/2019) |
The Province is implementing the order. Approval for the acquisition of land in favour of the affected labour tenants is underway. A deed of sale has been signed and registration and transfer is due to occur soon. The order is being observed in its entirety. |
Draft order made an order of court. |
Sharack Bhekanini (2nd resp) awarded a piece of farm Bloemhoek and registered in deeds office; |
42 |
Makgari CPA vs Minister of Drdlr, case number 5158/2018 |
Implementation is in progress |
Matter received on 31 August 2018. Applicant, Makgari approached court, for the court to give a mandatory order directing the Department and Minister to register the applicant's CPA within 45 court days of the granting of the order. |
The Minister was ordered to register the CPA within 45 days of granting the court order. Further to effect a Title Deed rectification to reflect the CPA as the owner of the farm registered as “The Farm Louissenthal 366, Registration Division Mr, Limpopo Province, 2346, 5022 Hectares” within 14 days of the registration of the constitution of Makgari Communal Property Association |
43 |
M D Rakgase vs Minister of DRDLR case number 33497/2018 |
The land was sold to Mr Rakgase and transfer is under way. |
Matter received on 13 June 2018. Mr Rakgase applied to the High Court to review the Minister's decision of refusing to sell to him Portions 0 (remaining extent and 1 of the Farm Nooitgedacht 11 JQ |
The Minister was ordered to sell and transfer the farm to Mr Rakgase. |
44 |
JC Prinsloo / The Minister of DRDLR & Others LCC 177/16 |
The farm was acquired and is currently registered in the name of the State. |
State ordered to acquire portion 27 of the farm Welgekozen |
Default judgment was obtained against the Minister |
MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: 2018/2019 |
||||
45 |
Willjaro vs Minister of Agriculture, Forestry and Fisheries |
Implemented |
Review and setting aside of an agreement entered into. To process confiscated abalone on behalf of DAFF |
The agreement between The Minister and Willjaro was reviewed and set aside |
46 |
Visko vs Minister of Agriculture, Forestry and Fisheries |
Implemented |
Review and setting aside of the decision of the Minister to allocate rights in the Hake Inshore Trawl sector |
The decision of the Minister to allocate rights in the Hake Inshore Trawl sector was reviewed and set aside. |
47 |
WWF vs Minister of Agriculture, Forestry and Fisheries |
Implemented |
Review and setting aside of the decision of the Delegated Authority in terms of Section 14 of the MLRA to increase the allowable Total Allowable Catch (TAC) in the West Coast Rock Lobster sector |
The decision of the delegated authority in terms of section 14 of the MLRA to increase the allowable Total Allowance Catch in the West Coast Rock Lobster sector was reviewed and set aside. |
MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT: 2019/2020 |
||||
No. |
(b) Case details |
(i),(ii)Status of implementation |
|
|
48 |
Ga-Segonyana Local Municipality vs Minister of DRDLR |
Payment made by the Department |
A claim for outstanding property rates and taxes in the amount of R4 073 621.00. |
A default judgment obtained against the Department. |
49 |
Excellent Meat International Trading vs The Minister and Others |
Implemented |
This was an application to review and set aside the decision of the Minister not to accept the Applicant’s consignment as being compliant with the permit condition contained in the permit. |
The court reviewed and set aside the Minister’s decision. |
50 |
Red Meat Industry Forum vs The Minister and Others |
Implemented |
This was an application to review and set aside the Minister’s decision to impose new tariffs, rates and scale for services, goods and supplies provided by the Department. The Department did not notify the industry of the new tariffs regarding importing and exporting of meat. |
The Court reviewed and set aside the Minister’s decision. |
51 |
PVM Nutritional Sciences vs The Minister. |
Implemented |
This was an application to compel the Minister to issue an export permit for goods sent to the United States of America and kept at the port of entry due to the fact that the Applicant did not have an export permit. |
The Court ordered that the Applicant need not to register as a dairy export facility and need not comply with the standards of the VPN 20/2010-01. |
52 |
PJ van der Walt N.O vs The Minister and Others. |
Awaiting implementation. The Minister is reconsidering the matter. |
This was an application to review and set aside the decision of the Minister to uphold the decision of the Delegate of the Minister not to grant consent to subdivide agricultural land. The Court ordered that the decision of the Minister be reviewed and set aside for reconsideration by the Minister. |
The Court ordered that the decision of the Minister be reviewed and set aside for reconsideration by the Minister. |
53 |
Barnabus Xulu Incorporated Attorneys (BXI) vs The Minister and the Director General |
On Appeal |
BXI attached the bank accounts of the Department on the basis that the Departmentallegedly entered into a settlement agreement with BXI for the payment of monies due for services rendered.The settlement agreement entered into. and |
The invoices raised against the Department were successfully challenged and judgment was granted in favour of the Minister / Department. However, BXI is appealing the judgment. |
54 |
Baron vs Minister of Agriculture, Forestry and Fisheries |
Implemented |
Unfair dismissal as contemplated in terms of section 186(1)(b)(i) of the LRA. The Labour Appeal Court dismissed the Department’s appeal and upheld the Labour |
Court’s order for the reinstatement of Mr. Barron into the three-year contract post as Programmer Manager for the Working for Fisheries Programme. |
55 |
Scott Russel vs Minister of Agriculture, Forestry and Fisheries |
Matter is subject to application for leave to appeal. |
Review and setting aside of the decision of the Minister to allocate rights in the West Coast Rock Lobster sector. An application for leave to appeal was granted |
An application for leave to appeal was granted |
56 |
Seavuna vs Minister of Agriculture, Forestry and Fisheries |
In the process of being implemented |
Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector. |
Minister is in the process of appointing an Appeals Advisory Team |
57 |
Cyril Burrel vs Minister of Agriculture, Forestry and Fisheries |
In the process of being implemented |
Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector. |
Minister is in the process of appointing an Appeals Advisory Team |
58 |
Interfish vs Minister of Agriculture, Forestry and Fisheries |
In the process of being implemented |
Review and setting aside of the decisions made by the Minister in terms of section 80 of the MLRA in the Hake Inshore Trawl Sector. |
Minister is in the process of appointing an Appeals Advisory Team |
MINISTER OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT: SINCE APRIL 2020 |
||||
(b) Case details |
(i),(ii) Status of implementation |
(c)Nature of court order |
(c)Nature of judgement |
|
59 |
Schmidtsdrift CPA v Minister of DRDLR |
To be implemented as Judgment issued on 12/06/2020 |
The Department ordered to hold the AGM for the purposes of electing a new committee for the CPA. |
The CPA sought an interdict to prohibit the Department from facilitating an AGM. |
07 September 2020 - NW1908
Hunsinger, Dr CH to ask the Minister of Transport
(1)What mechanisms has his department put in place to curb any future disruptions in the road freight sector due to protests arising from unhappiness related to the employment of foreign nationals as truck drivers, as has been seen recently on or about 7 July 2020; (2) what number of (a) South African nationals and (b) foreign nationals are currently employed in the road freight industry in each province?NW2423E
Reply:
1. At national level, the Department of Transport led by the Department of Employment and Labouris a participant in a National Task Team (NTT) and Inter-Ministerial Task Team which have been constituted at address issues related to employment of foreign nationals, legislative and policy review.The NTT has recently been incorporated within the operational structures of the National Joint Operations Centre (NATJOC).In addition to the Department of Employment and Labour, the Department of Transport, the NTT is further made up of the Department of Home Affairs, the Bargaining Council and the SAPS. A comprehensive action plan with time frames and deliverables have been compiled and is currently been monitored at the NATJOC level. At a Provincial level, the Provincial Task Team was constituted to address operational issues within the KZN Province and is led by the office of the Premier of the KZN Province.
2. The information has been sourced from the National Bargaining Council and is listed in Table 1 and 2 below. It must be stated that the numbers below pertains only to those companies which are registered with Bargaining Council and fall within its scope
(a) South African nationals per Province
Province |
Number of SA nationals |
Gauteng |
65952 |
Kwa Zulu Natal |
16098 |
Western Cape |
18768 |
Northern Cape |
1269 |
Eastern Cape |
5959 |
Northwest |
2614 |
Mpumalanga |
7910 |
Limpopo |
1209 |
Free State |
3654 |
Total |
123433 |
b) Foreign Nationals Per Province
Province |
Number of foreign nationals |
Gauteng |
4512 |
Kwa -Zulu Natal |
1759 |
Western Cape |
1089 |
Northern Cape |
104 |
Eastern Cape |
164 |
Northwest |
317 |
Mpumalanga |
845 |
Limpopo |
108 |
Free State |
485 |
Total |
9383 |
07 September 2020 - NW2051
Mphithi, Mr L to ask the Minister in The Presidency for Women, Youth and Persons with Disabilities
What (a) is the current staff complement of the national office of the National Youth Development Agency and (b) are the full details of the organogram?
Reply:
a) The National (Head) Office staff complement is 143 as at 31 August 2020.
b) The table below indicates the full details of the organogram.
Positions |
Number of Employees |
Executive Management |
5 |
Senior Management |
5 |
Managers |
25 |
Specialists |
29 |
Officers |
46 |
Administrators |
19 |
Housekeepers (insourced) |
5 |
Security officers (insourced) |
9 |
TOTAL |
143 |
07 September 2020 - NW567
Horn, Mr W to ask the Minister of Justice and Correctional Services
What total number of (a) prisoners who have been convicted for (i) housebreaking, (ii) carjacking, (iii) theft of motor vehicles, (iv) house robberies and (v) drug-related crimes have received parole from each parole board in each province in each of the past 10 years, (b) years have the specified prisoners served before being released on parole and (c) the specified parolees (i) had their DNA samples collected before being released on parole and (ii) have become reoffenders?
Reply:
Kindly refer to the attached as Annexure 1.
07 September 2020 - NW2052
Mphithi, Mr L to ask the Minister in The Presidency for Women, Youth and Persons with Disabilities
Whether any (a) internal and/or (b) external forensic reports pertaining to the National Youth Development Agency have been completed from 1 January 2009 up to the latest specified date for which information is available; if not, in each case, why not; if so, what is the (i) name, (ii) subject matter and (iii) date of conclusion of each of the specified forensic reports?
Reply:
Below is a comprehensive listing of all forensic reports undertaken by the National Youth Development Agency for the periods requested including their name, subject matter and conclusion. There is no current outstanding forensic report.
Consolidated list Internal & External Forensic Reports 01-01-2009 to 28-08-2020
- Financial Year ended 2010 - Investigation by the Public Protector to probe whether the hosting of the World festival of Youth and Students held in December 2010 was within the NYDA’s mandate, if the allocated funds were not misappropriated and whether the relevant supply chain management prescripts were followed. The investigation continued during this financial year. The initial scope of this investigation has been extended during the prior financial year to include queries regarding salary structures and travel and subsistence allowances as well as the execution of the legislative mandate by the NYDA, including objectives, duties and functions. At the time of issuing the audit report, a final report had not been released by the Public Protector.
To date, no final report was issued by the Public Protector.
SCHEDULE OF FORENSIC ASSIGNMENTS CONDCUTED BY EXTERNAL PROVIDER SEP 2013 TO SEP 2015-16
NO |
DATE |
SOURCE |
BRIEF DESCRIPTION OF TIP -OFF |
STATUS |
AUDIT COMMITTEE STATUS |
||||
1 |
11/10/2013 |
DELOITTES TIP OFF |
EM: ECONOMIC DEVELOPMENT MOONLIGHTING DURING OFFICE HOURS |
REPORT ISSUED |
REPORT TABLED/APPROVED. THE REPORT RECOMMENDED DISCIPLINARY ACTION AGAINST EMPLOYEE – EMPLOYEE RESIGNED NO DISCIPLINARY ACTION TAKEN |
SUMMARY SCHEDULE OF ALLEGATIONS OTHER THEN TIP- OFF REPORTS RECEIVED |
|||||||||
NO |
DATE |
SOURCE |
BRIEF DESCRIPTION OF TIP -OFF |
STATUS |
DECISION /SANCTION APPLIED |
||||
1 |
26/12/2012 |
NEWSPAPER ARTICLE |
MISUSE OF NYDA FUNDS FOR YOUTH DAY CELEBRATIONS HELD IN JUNE 2012 |
REPORT ISSUED |
REPORT CONCLUDED THAT NOT ALL ALLEGATIONS ARE SUBSTANTIATED – RECOMMENDED THAT IMPROVEMENT IN INTERNAL CONTROLS AROUND S&T - IMPLEMENTED BY MANAGEMENT |
||||
2 |
22/07/2013 |
EAST LONDON BRANCH |
FRAUDULENT GROUP LOANS |
REPORT ISSUED |
REPORT CONCLUDED THAT DISPLINARY ACTION IS TAKEN AGAINST OFFENDING EMPLOYEE – ACTION TAKEN AND EMPLOYEE SANCTIONED AS PER APPROVED DISCIPLINARY PROCEDURE –ALSO IMPROVEMENT IN THE MONITORING OF THE LOANS – CONTROLS INSTITUTED IN THIS REGARD – LEGAL ACTION TAKEN AGAINST TWO PERSONS WHO RECEIVED FRAUDULENT LOANS |
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3 |
03/10/2013 |
GAUTENG - JHB BRANCH |
BRIBERY VOUCHER PROGRAMME |
REPORT ISSUED |
REPORT - BRIBERY NOT PROVEN – IMPROVEMENT IN INTERNAL CONTROLS – ACTIONED BY MANAGEMENT |
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4 |
17/10/2013 |
FINANCE DEPARTMENT |
FRAUDULENT PAYMENTS: CREDITORS |
REPORT ISSUED |
REPORT TABLED/APPROVED. REPORT RECOMMENDED CRIMINAL CHARGES – EMPLOYEE DISMISSED CHARGED AND FOIND GUILTY – RECEIVED JAIL SENTENCE – ALL NYDA LOSSES RECOVERED BY NYDA FROM INSURANCE. |
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6 |
20/08/2014 |
CEO'S OFFICE |
THUSANO FUND: VALUE FOR MONEY |
REPORT ISSUED |
REPORT RECOMMENDED THE SERVICE PROVIDER BE BLACKLISTED FROM SCM DATABASE – IMPROVEMENT IN CONTROLS OF SCM PROCESS AND WAS IMPLEMENTED BVY MANAGEMENT. |
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8 |
10/02/2015 |
CORPORATE SERVICES |
BRANCH LOCK-OUTS |
REPORT ISSUED |
REPORT - RENT NOT PAID ON TIME – RESPONSIBLE EMPLOYEES SANCIONED IN TERMS OF APPROVED DISCIPLINARY PROCESS. IMPROVEMENT IN CONTRACT MANAGEMENT CONTROLS – IMPLEMENTED BY MANAGEMENT |
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9 |
12/03/2015 |
CEO'S OFFICE |
PLACEMENT OF UNAUTHORISED DOCUMENTATION AT HEAD OFFICE |
REPORT ISSUED |
REPORT – UNABLE TO DETEMINE WHO HAD PLACED THE DOCUMENTATION AT H/O |
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10 |
11/06/2015 |
GAUTENG - JHB BRANCH |
BRIBE SOLICITED FROM A CLIENT APPLYING FOR A GRANT AT BRANCH |
REPORT ISSUED |
REPORT – UNABLE TO PROVE THAT A BRIBE WAS SOLICITED BY THE IMPLICATED EMPLOYEE |
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11 |
26/06/2015 |
ECONOMIC DEVELOPMENT DEPARTMENT |
PROPER SCM PROCESS NOT FOLLOWED IN SOLICITING SERVICE PROVIDERS FOR CATERING SERVICES |
REPORT ISSUED |
REPORT – PROPER PROCESS NOT FOLLOWED – IMPLICATED EMPLOYEES SANCTIONED IN TERMS OF APPROVED DISCIPLINARY PROCESS |
NYDA TIP-OFF DATABASE REPORT 2016-2017
No. |
Nature of Allegation |
Amount Involved |
Identity of Perpetrator(s) known |
Investigation Finding(s) |
Decision / Sanction Applied |
1. |
Facebook Adverse Allegation |
None |
Yes |
|
|
2. |
JHB Branch – Alleged Corruption / Bribery |
None |
Yes |
|
|
3. |
Alleged Tender Fraud (Dispute on Declined Voucher Programme Tender) |
None |
Yes |
|
|
4. |
Fraudulent transaction conducted with Conferencing Centre |
None |
Yes |
|
|
5. |
Alleged Unethical Behaviour for Declined Grant Application of S Maile |
None |
Yes |
|
|
NYDA FRAUD HOTLINE / TIP-OFF DATABASE REGISTER FROM 01/04/2017 TO 31/03/2018
No. |
Name & Nature (subject matter) of Allegation |
Date of Allegation |
Amount Involved |
Identity of Perpetrator(s) |
Investigation Finding(s) |
Decision / Sanction Applied |
Conclusion of the Forensic Report or Assessment Report |
|||
1. |
Irregularities and suspected corruption pertaining to the SEED (School Entrepreneurship Education Division) Programme being funded by NYDA, at Karabo Business Consortium, Karabo Training College, situated at 43 Ockers Street, 3rd Floor United Building, Krugersdorp.
|
25-May-2017 |
None |
Not yet known |
The Agency have no information regarding this query and service provider. |
No Case |
No Case. |
|||
2. |
Suspected Corruption at JHB Branch Voucher Programme Service Provider REF: OBB514092017 |
14 SEPTEMBER 2017 |
Not disclosed |
Yes |
Request for name change from Mendi to Digi Effect. 1.1 The request received for Mendi name change to Digi Effect nullified the existence of the agreement between the Agency and Mendi Consulting Services. The above statement is supported by reviewing the records of the new name company: 1.1.1 The new company, Digi Effect was registered in 2015, it is not a new company which can proof that only the Name Change was effected on the registration documents. 1.1.2 The company registration and Income Tax numbers are different. 1.1.3 Lumka is not part of the directors of Digi Effects. 1.1.4 The directors of Digi Effect are not in the Mendi Consulting company registration document. Therefore, management should urgently liaise with Mendi Consulting in respect of intention to terminate the contract. 1.2 As the Agency is in a process of terminating Mendi Consulting Services contract, we recommend that all the clients that are allocated vouchers via Mendi Consulting Services be reassigned to the next Service Provider(s) to who they are currently contracted to the Agency and approved to deliver that specific type of voucher. The progress of young people businesses is delaying due to such long outstanding issue. 2.3 Furthermore, as the name change dispute continued and non-release of payments by the Agency. The client’s websites and emails were disconnected on 31 March 2017 due to unpaid vouchers by the Agency. Client were requested by Mendi if they would like to arrange a payment plan to keep their website and emails running to kindly contact Nicolus on 078 786 1318 or reply to his email address. |
|
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3. |
|
|
Not disclosed |
Yes |
We could not find substantive evidence that Mr Steven Curry, accept bribes in return for securing grants for grant applicants. |
The caller seems to be one of the grant applicant that his/her grant was rejected. The Branch issue grant declined letters communication the reasons for such declined to each unsuccessful applicant for rectification of the application. |
No Case |
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4. |
|
|
None |
Yes – Bulelwa Case and she resigned. |
Case open with SAPS and the lost amount recovered from the Insurance. |
Case open with SAPS and the lost amount recovered from the Insurance |
Case open with SAPS and the lost amount recovered from the Insurance. Same case as below. |
NYDA FRAUD HOTLINE / TIP-OFF DATABASE REGISTER FROM 01/04/2018 TO 31/03/2019
No. |
Name & Nature (subject matter) of Allegation |
Date of Allegation |
Amount Involved |
Identity of Perpetrator(s) |
Investigation Finding(s) |
Decision / Sanction Applied |
Conclusion of the Forensic Report or Assessment Report |
||||
1. |
Report sent to selected recipient(s) by the Hot-line Service Provider as per contractual agreement. REF: OBD215042018 |
12/04/2018
|
Not applicable |
Not applicable |
No Case |
No Case |
No Case. |
||||
2. |
NYDA, situated in Woodmead, Johannesburg. The caller reported irregularities at the aforementioned Branch, with regard to the 2017 projects that were not yet implemented
|
04/05/2018 |
Not disclosed |
Yes – Bulelwa Case and she resigned. |
Case open with SAPS and the lost amount recovered from the Insurance. |
Case open with SAPS and the lost amount recovered from the Insurance |
Case open with SAPS and the lost amount recovered from the Insurance. Same case as below. |
||||
3. |
NYDA for a project in Mpumalanga. The caller reported that a company known as Letlotlo, had been awarded funding of R1 million for a project to excavate tunnels in Mpumalanga. The caller stated that the funding had been paid to Letlotlo in December 2017; However, to date the project had not commenced.
|
17/05/2018 |
+ R1 million |
Yes – Bulelwa Case and she resigned. |
Case open with SAPS and the lost amount recovered from the Insurance |
Case open with SAPS and the lost amount recovered from the Insurance |
Case open with SAPS and the lost amount recovered from the Insurance. Same case as above. |
||||
4. |
|
|
Not disclosed |
Yes |
Client complained due to dissatisfaction of service delivery. The client was provided with a Grant of R49 900 (R1 900 for working capital & R48 000 for mobile kitchen). He also wanted a branding voucher for his mobile kitchen and there was moratorium on branding to date. They advised him to do the business plan voucher and it was approved. Suddenly, he changes his mind that he doesn’t want the business plan voucher and the Branch wrongly advise him for a mobile kitchen business as he wanted Polish Manufacturing. The Branch mentioned to him that they will only fund the polish business if its SABS approved for safety reasons. |
No fraud – Matter with the CEO and Audit Committee directed the CEO to discuss and convey the message to the client on 05/03/2018.
|
|||||
5. |
|
|
None |
Yes |
The Maponya Branch operating hours is 8:00 am to 5pm but the centre operating hours is 8:30 am to 16:30 which needed to abide with. The staff (team) arrive at 7:00 am and the last client leaves at 6pm. Assistance is provided to applicants to complete one client on the system it takes about 20 minutes. When assisting the one who forgot the system password can take 30 to an hour. |
Service delivery issue and was referred to the Call Centre for conclusion and assistance thereof. |
List of reported cases - from 01 April 2019 to 31 March 2020
No. |
Complain Description |
Date received |
Reference no. |
Investigation |
Conclusion |
|
|
|
|
|
|
1 |
Tender fraud - lease building - Secunda |
13-May-19 |
OBE312052019 |
1. The successful bidder does not have a BBE certificate. However, the bidder submitted a letter which states the summary of the entity's contributions that is supported by the South Africa Police Services (SAPS) Affidavit dated 18 January 2018 from Garsfontein Station in Pretoria. |
There is no indication of tender irregularities. The submitted affidavit is acceptable by the laws of the Republic. |
2 |
Tweeling District Office Recruitment Irregularities |
21-May-19 |
OBC520052019 & NYDAOBA242072019 |
1. During the time of the complaints, Ms Monaune was having a valid work contract with the Agency as a Frontline Consultant for a period of 5 months ending 30 September 2019. |
|
3 |
Irregularities and corruption – Mbombela Grant Programme |
04-Jun-19 |
OBD51062019 & OBD592062019 |
1. Sufficient evidence exists to confirm that the Client (Mr. Sicelo Jeffrey (Patrick) Sibiya) instructed the supplier whom the Agency initially paid to directly refund him the money. He did not collect any goods and services for which they had been paid for. It is established that fraud did take place, the Agency should institute the required sanctions as prescribed by Public Finance Management Act (PFMA) regulation on financial misconduct (i.e. commence civil recovery proceedings and criminal proceedings). |
|
4 |
Fraud and Corruption at Empangeni Branch |
Jun 13 & 18, 2019 |
OBA170062019 |
1. Branch Manager respond - In response to this email. I know Mr Mabika he is our client as he came to our branch to do an assessment for a grant application. |
No case - only speculation |
5 |
Madludlas Agricultural Enterprise |
11-Jul-19 |
OBA139072019 |
1. There are no records of Madludlas Agricultural Enterprise (Pty) Ltd or & Madludlas Agricultural Enterprise. |
|
6 |
Nsfas ProblemQuery from our fraud hot-line regarding a student that applied for funding at our Branch and to date he did not receive feedback. Details are as follow:Name: Baleni SibusisoID: 000 212 567 108 7Bar Code: 152 674 43 |
22-Jul-19 |
OBA19062019 & NYDAOBA254072019 |
Email from Operations Unit - Working with NSFAS during application process , our mandate was to help them with applications only - Then send the applications to NSFAS for reviewing and awarding - NSFAS does not tell us who they have awarded or who they did not- We don’t get in anywhere in awarding of NSFAS students, that’s purely done by NSFAS only- Our role was just to assist with the applications only, and those applications were send to NSFAS- If this applicant has queries he must contact the NSFAS and again- Student applying for NSFAS does not automatically mean that the student will get the funding I have just checked now we don’t anyone by the name of Nyangiwe in the NYDA, and even those graduates that were hired to do NSFAS applications there is no Nyangiwe, maybe this Nyangiwe belongs to NSFAS because we used to have NSFAS people vising our branches as well during the application process. |
Email was forwarded to NSFAS to check their records on 26 July 2019 and they have requested the Client to contact them directly of which he did upon our advice. |
7 |
IRREGULARITIES - in Polokwane Branch. The Caller stated that the 5 Co-operatives had complained that they had not received everything as per the quotations they had provided to Ms Maepa and indicated that “the individual who was supposed to cut the bushes had arrived. However, had not cut the bushes and nothing had been done; they had received smaller size uniforms than requested and had only received a part of the fencing as well as only received part of the seedlings”. The Caller further mentioned that the 5 co-operatives had produced their own quotations; however believed that Ms Maepa had submitted entirely different quotations. The caller had been uncertain where the quotations could be obtained. |
21-Aug-19 |
OBB585082019 |
1 Based on the preliminary investigation, there is evidence for a potential collusive relationship between the NYDA Official and the Suppliers. |
1. There is evidence for a potential negligence of work by Ms Maepa towards assisting the clients to get all items from the Suppliers. The Suppliers did not deliver all the quoted items. |
8 |
Online Report Received - OR2531092019 - Incentiv8 (Pty) Ltd Enterprise number K2017029322 www.incentiv8.co.za - A possible ponzi scheme is occuring. Incentiv8 is offering students a rate of return of up to 200%. This return is not payable earlier than 6 months. Students pay a monthly premium to the company and then upon graduating from their degree they receive a lump sum that totals more than their initial premiums. This lump sum offers returns from 40% up to 200%. Believed to be a ponzi scheme due to high rate of return and the fact that the company is using non-claiming students’ premiums to pay out lump sums to students that are gradating. This is unsustainable and many people will lose money. |
11-Sep-19 |
OR2531092019 |
In terms of preliminary investigation, the matter is not within NYDA scope of work / duties as the organisation. Refer the matter to high education institutions, i.e. Department of Education and National Student Financial Aid Scheme (NSFAS). |
In terms of preliminary investigation, the matter is not within NYDA scope of work / duties as the organisation. Refer the matter to high education institutions, i.e. Department of Education and National Student Financial Aid Scheme (NSFAS). |
9 |
Re: Suspicious Activity at NYDA - INTERNAL REPORT - In February of 2019, I started the process of applying for a grant from the NYDA offices in Pretoria. Since then I have called in to the gentlemen and exchanged texts to which many things have been said. I was even sent through a proof of payment to my phone to let me know my supplier was paid then it was quickly retracted as I was told it was another company that had used the same supplier which had been paid out. I then asked how they knew and to which I received no response. I have also tried to contact other people from the branch who then emailed me the exact same Proof of payment i had received from the gentlemen, to which it was then said again that it was not my payment but that of another client that had been made. |
11-Sep-19 |
OBA113092019 |
This is a customer service delivery complain and that PTA Grant Officials direct Clients to their preferred suppliers. Client are not provided with an opportunity to present their preferred supplier quotations. Client are also directed which to specific items they can buy on those suppliers. |
Case closed. Internal Audit assisted a client that the grant is finally paid to her at the end of October 2019. |
10 |
Elias Motsoaledi Local Municipality and NYDA Internship Programme |
11-Nov-19 |
OR2670112019 |
i. There is sufficient evidence that the Apprenticeship Beneficiaries have the required qualification in terms of the advert. |
Case closed, no further action need as per investigation report. |
11 |
FRAUD - Solomon Mahlangu Scholarship Fund |
21-Jan-20 |
OBE1302101202 |
In process of Investigation as the case is new. |
There is sufficient proof to substantiate the allegation that Vuyo Wallance colluded with her Sister Ms Nomfundo Mdluli to misrepresent the Agency that his Sister pose as a Landlord. This assertion is supported by the following: |
04 September 2020 - NW1883
Shivambu, Mr F to ask the Minister of Finance
(a) What amount has been paid as a settlement by any (i) person, (ii) corporation and/or (iii) fund to each pension and/or retirement fund (details furnished), (b) which payments were approved by a certain person (name and details furnished) and (c) how was the decision to allocate the payments into the funds made?
Reply:
Kindly note that the Office of the Pension Funds Adjudicator (OPFA) only deals with complaints referred to it in terms of section 30A of the Pension Funds Act, 24 of 1956. Therefore, the questions posed above would not arise in the execution of the OPFA’s mandate.