Questions and Replies

Reply:

The Department of Water and Sanitation has taken all the necessary steps to address the challenges that resulted in the late submission of the 2018/19 Annual Report to Parliament. The 2019/20 Annual Report will be tabled in accordance with the legislated timeframe.

Reply:

A series of multi-year droughts in South Africa has seen a number of small towns threatened by total water supply failures and the Free State province is no exception. Maluti-a-Phofung Local Municipality is one of the municipalities that were faced with drought challenges. Various drought intervention projects were identified to address water supply issues in the Maluti-a-Phofung Local Municipality.

The Sedibeng Water Board was appointed as the implementing agent for the priority projects identified. The projects were identified at a total estimated cost of R180 700 000.00. Due to the magnitude of the projects and limited funding, the projects are implemented over two (2) financial years. An amount of R54 034 700 was allocated for implementation of projects in the Maluti-a-Phofung Local Municipality in the 2019/2020 financial year. The Department of Water and Sanitation has allocated R126 665 300.00 in the 2020/2021 financial year for the completion of the projects.

A total of six (6) priority projects have been identified and are being implemented through the drought intervention programme. Table 1 below gives an indication on the progress of priority projects including the costs to date.

Table 1: Summary of Maluti-a-Phofung Local Municipality drought intervention projects

Local Municipality	Project Description	Communities to be served	Total Project Budget	Project budget for 2019/20	Project budget for 2020/21	Project Start & End date	Status of Project
FS:Thabo Mofutsanyana:Maluti-A-Phofung --FS194	Development of Ground water in Qwaqwa. Equipping of boreholes and package plant	Qwaqwa	R47 000 000	R10 000 000	R37 000 000	Start (Planned): Jan 2020 End (Planned): October 2020	Phase 2 of the project is currently under construction. Two contractors have been appointed to equip five (5) boreholes each – total of 10. The project is currently in progress. The project is at 68% progress
FS:Thabo Mofutsanyana:Maluti-A-Phofung --FS194	Immediate water supply in Qwaqwa: Procurement and leasing of water tankers and 5000 Jojo tanks	Qwaqwa: (Population: 335,784)	R50 000 000	R20 000 000	R30 000 000	Start (Planned): 21 Jan 2020 End (Planned): August 2020	1349 out 2000 Delivered With only 353 Permanent Installations. The progress is at 40% progress.
FS:Thabo Mofutsanyana:Maluti-A-Phofung --FS194	Construction of Comet to Ha Rankopane Pipeline (+- 5 km)	Ha-Rankopane: (Population: 2,505) Mandela Park including industrial areas (Population: 1,506)	R15 000 000	R5 000 000	R10 000 000	Start (Planned): 21 Jan 2020 End (Planned): 30 July 2020	3.7km of uPVC laid to date. The project is at 85% progress.
FS:Thabo Mofutsanyana:Maluti-A-Phofung --FS194	Reversal – Increase Pipeline from 160 mm to 400 mm diameter (+- 3km) in Qwaqwa	Qwaqwa: (Population: 335,784)	R12 000 000	R5 000 000	R7 000 000	Start (Planned): 27 Jan 2020 End (Planned): Aug 2020	1.5km of the 3km pipeline laid. The project is at 60% progress.
FS:Thabo Mofutsanyana:Maluti-A-Phofung --FS194	Repairs of the Mangaung Showgrounds to Thaba Bosiu Pipeline (+- 16 km)	Mangaung: (Population: 9,151) Thaba Bosiu: (Population: 2,935)	R33 700 000	R5 000 000	R28 700 000	Start (Planned): 17 Apr 2020 End (Planned): Sept 2021	PDR and Detailed Design Report completed and Approved. RFQ to appoint contractor in progress. 100% Planning and design. The project is at 42% progress.
FS:Thabo Mofutsanyana:Maluti-A-Phofung --FS194	Water conservation and water demand management Repair of valves, pipelines and leakages	Qwaqwa: (Population: 335,784)	R23 000 000	R9 034 700	R13 965 300	Start (Planned): 27 Jan 2020 End (Planned): Dec 2020	PDR and Detailed Design Report completed and Approved. RFQ to appoint contractor in progress. The project is at 40% progress.
Total	R180 700 000	R54 034 700	R126 665 300		56%

The six (6) priority projects are approximately 56% complete. The implementation of the projects began in January 2020, which was the last quarter of the 2019/2020 financial year. Five (5) out of the six (6) priority projects will be completed within the current financial year.

During the implementation of projects, water tankering was identified as an immediate intervention while project are still under construction. The Department of Water and Sanitation, through Sedibeng Water, contributed a total of 25 water tankers/trucks, each with a capacity of 16,000 litres through the Maluti-A-Phofung Drought Intervention Programme. The Maluti-A-Phofung Local Municipality has also allocated a total of 49 water trucks through their service providers.

 

Reply:

Department of Human Settlements:

The Minister of Human Settlements, Water and Sanitation has one (1) Ministerial Advisory Panel that is attached to the Department of Human Settlements. It consists of six members and was appointed in terms of the Housing Act, 107 of 1997.

The remuneration of the Ministerial Advisory Panel (MAP) is based on section 20 of the Treasury Regulations for departments, constitutional institutions and public entities of 2001. The remuneration rates of the MAP members is set on category S as provided for in the 2019 Remuneration Levels: Service Benefit Packages for Office-Bearers of Certain Statutory and Other Institutions.

Department of Water and Sanitation:

Section 76 (1) of the Water Services Act, 1997and section 99(1) of the National Water Service Act, 1998 empowers the Minister to establish advisory committees. These Committee are established to inter alia advise the Minister and Director General on the stabilisation and efficient functioning of the Water Sector.

The Department of Water and Sanitation has a total of three advisory committees as follows:

• Water Advisory Committee;
• Water Stabilisation Committee; and
• Water Services Committee.

Honourable Member, I am constrained and prohibited by the document titled “Guide to Parliamentary Questions in the National Assembly” from providing the names of each person serving in the Panel of Advisors as requested. The document referred to states that:

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

Reply:

I have been advised by the SOEs as follows:

1(a,b,c,d)

Entity	(a)	(b)	(c)	(d)
Nemisa	No	No	No	No
.zaDNA	No	No	No	No
USAASA	No	No	No	No
Sentech	Yes(refer to attached Annexure A)
SITA	Yes (refer to attached Annexure B)
SABC	Yes (refer to attached Annexure C)
ICASA	AD Telecoms (Pty) Ltd	R1,697,618.27 (Vat Inclusive)	Supply, installation and maintenance of a Bandwidth Optimisation Solution at ICASA’s Head Office (Centurion) for a period of five (5) years.	AD Telecoms (Pty) Ltd 2. Intdev
FBP	No	No	No	No
SAPO	Yes (refer to attached Annexure D)
BBI	Vukile Property Fund Limited	R1 .647 213.16	Rental of warehouse space in Midrand	Only Vukile Property Fund Limited responded to the tender

2. (a)(i)(ii); 

Entity	(a)	(i)	(ii)
Nemisa	Not Applicable
.zaDNA	Not Applicable
USAASA	Not Applicable
Sentech	Yes-refer to rows 1 and 2 of attached Annexure A
SITA	Yes-refer to attached Annexure B
SABC	Yes-refer to attached Annexure C
ICASA	Yes	Microsoft is a sole provider	Procurement of a 3-year software Enterprise Agreement (AE) from Microsoft with a tender amount of  R16, 867,379.26
FBP	Not Applicable
SAPO	Yes-refer to attached Annexure D
BBI	No	-	-

(b) BBI confirmed that Vukile Property Fund Limited was the only service provider to respond to the tender; and ICASA confirmed that it was not able to procure Microsoft licenses from any other supplier as Microsoft is the sole supplier. 

Sentech confirmedthat there were 2 deviations from Normal procurement processes.

(i) ForNagravision – Nagravision has exclusive propriety ownership on all its hardware and software systems on the Sentech Network and are therefore sole providers for the requirement specified.

(ii) For Discover Digital –They are the owners of the OTT content management and distribution platform that Intelsat had presented to SENTECH as part of the OTT streaming services.

MS. STELLA NDABENI-ABRAHAMS, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

Reply:

I have been advised by the Department as follows: -

1(a) The signing and ratification of the AU Convention on Cybersecurity and Protection of Personal Data is being dealt with by the Department of International Relations and Cooperation (DIRCO). It is recommended that the Hon Member redirects the question to the Minister of International Relations and Cooperation.

(b)      DIRCO will advise on the intended date.

2(a)      Similarly, the Department of International Relations and Cooperation (DIRCO) is best placed to provide reasons. It is recommended that the Hon Member redirects the question to the Minister of International Relations and Cooperation.

(b)       DIRCO will advise on the intended date.

MS. STELLA NDABENI-ABRAHAMS, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

Reply:

1. A total of 411 Parolees were rearrested during the 2019/20 financial year for offences relating to Gender Based Violence from 01 April 2019 to 31 March 2020 and is indicated per Region in the tables below:

Region	Number of rearrested parolees for offences related to gender based violence during the 2019/20 financial year
Eastern Cape	81
Free State/Northern Cape	106
Gauteng	17
KwaZulu-Natal	48
Limpopo, Mpumalanga North West	105
Western Cape	54
Total	411

(2)(a) Seven Halfway Houses (7)

REGION	(2)(a) NUMBER OF HALFWAY HOUSES	(2)(b) AMOUNT ALLOCATED PER HALF WAY HOUSE
FS/NC (Free State)	1	R480 000,00
GP	1	R396 000,00
KZN	1	R496 200,00
LMN (North West)	1	R360 000,00
WC	3	R384 000,00
		R384 000,00
		R438 048,00
TOTAL	7	R2 938 248.00

END

Reply:

(a)(i) Department

(aa) N/A

(bb) N/A

(cc) R407 290.43

(b) The total amount (cc) is for the only event that took place during COVID-19. The NATJOINTS meeting at the Reserve Bank.

(ii) The responses from the entities are attached. 

Reply:

Scripted Lesson Plan (SLPs) are recommended, and are not the only teaching and learning resource, to assist teachers to provide scientifically accurate and age appropriate Sexuality Education content to reach the mandatory requirements of the Curriculum.  The SLP are definitely not compulsory.

Reply:

1. The former Minister of Science and Technology, Hon. Mmamoloko Kubayi-Ngubane did not commission another forensic investigation against Ms Bredenkamp, subsequent to the KPMG forensic investigation.

2.a) During the implementation of the project, Ms Busisiwe Ntuli was responsible for oversight at a strategic level. In April/May 2015, it was to Ms Ntuli that the main whistleblower reported allegations of financial misconduct, fraud and nepotism against Ms Bredenkamp. The whistleblower also informed Ms Ntuli that he first reported these allegations in February 2014 to Dr Elmary Buis, the Deputy Director responsible for the operations of the project and to whom Ms Bredenkamp reported. However, Dr Elmary Buis neglected to report these allegations to the department, as required by law. Subsequently, Ms Ntuli reported the matter to her supervisor and the Legal Services Unit of the department, which - following an internal scrutiny of evidence from the whistleblower - resulted in a forensic investigation.

b) At no stage of the project and during the forensic investigation did Ms Ntuli write-off any project income. There was a time during the project where Ms Ntuli and Ms Sibiya were involved in an attempt to recover funds from a company that had been supplied with mango pulp by Ms Bredenkamp, on behalf of the project. The attempt to recover the money proved very difficult because the company alleged that Ms Bredenkamp had supplied a poor-quality product and over a period had continued to supply even though the company had not been paying for initial supplies. Ms Ntuli’s and Ms Sibiya’s efforts did result in the recovery of some of the money for the pulp that the company could sell. Subsequently, the company closed down as it was cash-strapped.

3. Ms Ntuli and Ms Sibiya did not make misrepresentations at FNB, which held funds that were generated from project sales. It was following the whistleblower’s allegations and the process of instituting an investigation that Ms Ntuli and Ms Sibiya informed the bank of two matters: firstly, that the bank account belonged to a company that was opened on behalf of community members who were beneficiaries of the Nkowankowa Demonstration Centre (NDC) project, on the instruction of the department; and secondly, that one of the signatories, Ms Bredenkamp, was under investigation by the department over very serious allegations and requested that she be removed as a signatory. The bank was further informed that the department was in the process of removing Ms Bredenkamp as the care-taker shareholder. The bank informed Ms Ntuli and Ms Sibiya that they would capture the information provided on the system. This was done out of concern that Ms Bredenkamp would access funds in the bank account. Unfortunately, these fears materialized when Miss Bredenkamp went to the Companies and Intellectual Property Commission (CIPC) and fraudulently removed Ms Ntuli and Ms Sibiya as company directors and used the fraudulent document to claim that the company belonged to her, gained access to the bank account and appropriated funding meant for NDC beneficiaries. This, on top of project funds that Ms Bredenkamp, according to the forensic investigation, had stolen from the project through various means. A case of theft was opened against Ms Bredenkamp in relation to the FNB funds. The South African Police Services investigating officer stated that he had obtained evidence from the CIPC that showed that Ms Bredenkamp had in fact fraudulently removed Ms Ntuli and Ms Sibiya as company directors, which went against the authorization of the Director-General of the department.

Dr Elmary Buis, against whom there had been adverse findings in the forensic investigation report at the time, laid a complaint about the FNB account against Ms Ntuli and Ms Sibiya with the Human Resources Unit of the department in 2018. The complaint was investigated by an independent individual, who cleared both Ms Ntuli and Ms Sibiya. Subsequently, Dr Elmary Buis laid the same complaint with the Public Services Commission (PSC), which also cleared Ms Ntuli.

Reply:

I have been advised by SABC as follows:

1. The SABC has notified the public of the revised Editorial Policies on 3 July 2020.

2. No, there is no further public consultation. There were two stages of public consultations torevise the Editorial Policies.The first stage commenced on 31 July 2017 and closed on 29 September 2017. The second stage of consultations was on the developed draft policies which commenced on 23 July 2018 and closed on 31 August 2018. However, when the Commission of Inquiry was established it was felt that there might be valuable information in the report that could be incorporated into the Editorial Policies.  Should that have been the case, the policy would have been published again for input.

3. The review process was delayed by the establishment of a Commission of Inquiry into interference in the decision-making in the Newsrooms, led by Joe Thloloe. The outcome or findings of this commission could have affected the policy, hence the SABC deemed it prudent to await its outcomes. Now that the report has been released and no additional information has been added to the Editorial Policy and all internal governance processes have been completed, same will be published.

MS STELLA NDABENI-ABRAHAMS, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

Reply:

(1)(a) What number of calls were logged with the Anti-Corruption Hotline during 2019-20?

During the 2019/2020 financial year, a total of 70 500 incoming calls were logged with the National Anti-Corruption Hotline (NACH). 68 909 of the incoming calls include answered calls, unanswered calls and abandoned (dropped calls), enquiries, wrong numbers, children playing, abusive calls, calls with inadequate information, calls relating to institutions outside the Public Service, requests for feedback and additional information to a previous case reports. (The NACH keeps track of all incoming calls for monitoring the efficiency of the call centre).

(b) the specified calls resulted in (i) cases being opened,

1591 case reports were generated and referred to relevant departments/ public entities for investigation.

• 1007cases were relating to social grants fraud and all these cases were referred to SASSA for investigation. The monetary value of the cases referred to SASSA amounts to R216 799 29. 65, with the recovery of R106 263. 45;
• 76 cases were investigated by the PSC and these cases were concluded and closed on the NACH system; and
• 508 cases are outstanding and are being investigated.

(b)(ii) cases being prosecuted or, (iii) successful convictions.

The following table lists 18 cases inwhich officials were found guilty of misconduct.

ITEM NO	NAME OF DEPARTMENT	NATURE OF ALLEGATIONS	SANCTION IMPOSED
1	Water and Sanitation	Alleged abuse of state vehicle and company time	Final Written Warning
2	Water and Sanitation	Alleged abuse of Government resources	Final written warning and two months suspension without pay
3	Water and Sanitation	Alleged misuse of State vehicle	Final Written Warning
4	Water and Sanitation	Alleged misuse of state vehicle	Final Written Warning
5	Home Affairs	Alleged solicitation of bribes from foreign national in exchange for issuing them with fraudulent South African document	Dismissal
6	Home Affairs	Alleged unethical behaviour	Dismissal
7	Home Affairs	Alleged fraud	Final Written Warning and one month salary suspension.
8	Justice and Constitutional Development	Alleged absenteeism without submitting a leave form	An amount of R1 427.69 was recovered from the official in six monthly instalments.
9	Correctional Services	Alleged unethical behaviour	Demotion
10	Correctional Services	Alleged theft (3 officials)	Written warnings (2 X officials) Final Written warning (1 X official)
11	Correctional Services	Alleged submitting of fraudulent matric certificate	Resignation. A criminal case of fraud has been opened with the SAPS
12	Correctional Services	Alleged unethical behaviour	Written Warning
13	Correctional Services	Alleged unethical behaviour	Warning
14	Correctional Services	Alleged appointment irregularities	Dismissal
15	Home Affairs	Alleged abuse of government resources	Final Written Warning
16	SAPS	Alleged unethical behaviour	A case of theft has been opened with the SAPS
17	DOJ&CD	Alleged misuse of a state-owned vehicles	Final Written Warning and two months suspension without pay
18	Correctional Services	Alleged cover up of assault	42 days segregation and demotion. A criminal case of murder has been opened with the SAPS.

(iv) cases that are still open or pending;

508 cases are outstanding and are being investigated.

(2) whether he will make a statement on the matter?

The Public Service Commission has issued the information at a virtual media briefing held on 24 June 2020.

Reply:

No. There is no provision in the COVID-19 Regulations for schools in particular, to apply for financial assistance from the Government with regard to the Covid-19 pandemic.

Reply:

I have been advised by the Department as follows:

a - d). No

MS STELLA NDABENI-ABRAHAMS, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

Reply:

The Department of Basic Education does not get involved in the procurement of the sanitizers by provinces. However, we have been informed that the Eastern Cape Education Department has withdrawn all the sanitizers supplied by the implicated service provider and replaced the supplies.  We also understand that the implicated service provider is in the process of being blacklisted.

Reply:

I have been advised by the department as follows:

(1) The Minister of Communications and Digital Technologies issued Electronic Communications, Postal and Broadcasting Directions on 26 March 2020 under the Disaster Management Act. The Minister directed the Independent Communications Authority of SA (ICASA) to assign temporary spectrum to licensed operators in order to amongst others to ensure availability of high-speed data at affordable prices.

(2) There are 988 zero rated websites in South Africa as of 30 July 2020.

(3) As part of the implementation of Competition Commission Data Services Market Inquiry recommendations 2019, the Department of Communications and Digital Technologies is amending the Electronic Communications Act 36 of 2005 and among other issues to formally effect the guidelines on the Zero Rating. Furthermore, to ensure that data costs are lowered, Independent Communications Authority of South Africa’s (ICASA) is conducting the Mobile Broadband Services Inquiry in South Africa to assess the state of competition and determine whether or not there are markets or market segments within the mobile broadband services value chain that may warrant regulation in the context of a market review in terms of the Electronic Communications Act, 2005.

(4) The temporary licensing of all available spectrum bands including the unassigned high demand spectrum for the duration of the Directions issued on 26 March 2020, directed the Authority to relax spectrum regulations to enable COVID-19 national disaster.

ICASA subsequently issued COVID-19 National Disaster Regulations on 6 April 2020 to enable amongst other things the issuing of temporary spectrum licenses. Temporary radio frequency spectrum licenses were subsequently issued that include the obligation to provide data services at a reduced rate to consumers. Other obligations include zero-rating and connecting virtual classrooms free of charge.

MS STELLA NDABENI-ABRAHAMS, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

Reply:

1. (a) 

The Department of Basic Education has developed Guidelines for schools on Maintaining Hygiene during the COVID-19 pandemic, which includes essential cleaning and disinfection, the use of PPE, social distancing and hand hygiene as recommended by the World Health Organisation (WHO).  Section J.(4) (i) of the document includes technical specifications and use of disinfectants as:

•  Alcohol solutions with at least 70% alcohol; and
• Disposable alcohol-based wipes.

The South African Bureau of Standards (SABS) approved detergents and disinfectants:

• Ethyl alcohol (70%) to disinfect small arears between use and cleaning cycles;
• Chlorine, hypochlorine (strength 1000 - 10 000 ppm);
• Sodium Hypocjhlorine (household bleach) at 0% (equivalent to 5000 ppm); and
• Hydrogen peroxide gas - for general disinfection of classes and offices.

(b). Yes.

2. The recommended chemicals are stipulated in 1 (a).

Reply:

 

(a) Names of staff members	(b)i Job Title	(b)ii Annual salary	(b)iii Highest Qualifications
Thabiso Kenneth Thukani	Special Advisor	R1 521 591 pa	Master of Arts
Zolisa Cynthia Xabadiya	Chief of Staff	R1 251 183 pa	MA: Public Health
Bathandwa Raymond Mlambo	Parliamentary Officer	R1 089294 pa	LLB
Nonzwakazi Ntombiyekaya Sifanele	Private and Appointment Secretory	R1 245 495 pa	BTech Public Management
Nyameka Prudence Mtirara	Community Outreach Officer	R733 257 pa	Primary Teachers Diploma
Millicent Tingwe	Parliamentary and Cabinet Support	R733 257 pa	Matric
Selebogo Eugene Poonyane	Assistant Appointment and Administrative Secretary	R376 596 pa	National Diploma: Business Management
Zimkita Zonke Xanti	Receptionist	R257 508 pa	BA: Environmental Management
GetrudePiliswaSompini	Household Aid	R  122 595 pa	Matric
Noma-Eli Sikhontyi	Household Aid	R  122 595 pa	Grade 11
Nathaniel Koko	Registry Clerk	R257 508 pa	Matric
OFFICE OF THE DEPUTY MINISTER
Tebatso Chokoe	Head of Office	R1 057 326 pa	National Diploma: Human Resource Management
Yavaneshaa Madurai	Technical Specialist	R1 057 326 pa	Bachelor of Commerce
GoitseoneMmakoloaneMoloto	Community Outreach Officer	R733 257 pa	National Diploma: Financial Information Systems
Zandile Given Ngubeni	Parliamentary and Cabinet Support	R733 257 pa	Postgraduate Diploma: Management
NomandlaNobusiNqadolo	Private and Appointment Secretary	R869 007pa	N4: Public Management
RefilweModielaMamogobo	Receptionist	R  257 508pa	Matric
Bishop Johannes Mahange	Driver: Deputy ministry	R  173 703 pa	Grade 11
Zandile ReginahNzuza	Household Aid	R  122 595 pa	Grade 3
Hellen MamusiDinaka	Household Aid	R  122 595 pa	Grade 11

MS STELLA NDABENI-ABRAHAMS, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

Reply:

a) In December 2018, DHA was required to extend the contract with VFS for a period of 24 months, effective 1 January 2019 – 31 December 2020. The extension was necessitated at the time to ensure continuity of the Departments business operations globally. On the instruction of the Department, the service provider holds a presence in 18 territories globally with frontline services being offered through 45 Visa Application Centres (VAC’s)– all of which are situated within strategic international nodes critical to the conduct of foreign-based travel, investment and business into the RSA. An unstructured change at the time would potentially have placed operational efficiencies at risk. Considering the complexity of such a global frontline services operating model, the Department had to ensure service continuity by extending the contract for the period referred. This extension also provided opportunity for the department to build an independent capability to render equivalent services through the development of an electronic eVisa platform, which was demonstrated to The President in October 2019. This is under a phased, controlled release which has been delayed in 2020 with the advent of COVID-19 resulting in a global shutdown of international travel and service-based operations.

b) The Department started the procurement process in January 2018 when its Bid Adjudication Committee (BAC) approved the open tender process. The Bid Specification Committee (BSC) undertook the drafting of technical specifications. At that stage, a parallel process was initiated to request a legal opinion whether the Department should proceed with an open tender process or defer to a Public-Private Partnership (PPP) process. A legal opinion was received on 26 April 2018 through the Office of the State Attorney, wherein it was recommended that the Department should proceed with a PPP process. Further consultations took place with the Senior Council, Finance, Supply Chain Management and National Treasury to ensure that the process was legally compliant. In October 2018, National Treasury confirmed that the Department should follow the PPP process through a Request for Information ("RFI") to test the market and the results thereof should be shared with the Office of the Chief Procurement Officer. The Department published an RFI in December 2019. Seven responses were received by 17 January 2020 with four companies assessed as compliant. This information was submitted to National Treasury on 08 April 2020.

c) The Public Private Partnership (PPP) was registered with National Treasury under GTAC. A letter of PPP confirmation was received from National Treasury on 16 January 2020. The PPP engagement with GTAC was delayed with the onset of COVID-19 and lockdown instituted since 26 March 2020. However, following the easing of lockdown conditions, the engagement with GTAC on the PPP started in June 2020 and is continuing in order to implement the PPP process.

END

Reply:

1. The African Union (AU)measures relate to the Assembly Decision 3 (XI) which states that the Assembly may consider requests from Member States experiencing force majeure circumstances making them temporarily unable to pay their assessed contributions.

2. No, it is not the position of the AU that African countries should sacrifice the wellbeing of their citizens, no matter the circumances, to maintain their participation and to enjoy the protection of the AU.In the case of South Sudan, it should be noted that the AU Member State has since honoured its assessed contributions and can participate in all meetings.South Africa believes in a rules based international system and as such, it is important thatthe country follows the norms, standards and directives of the AU as regards to assessed contributions. It should be noted that some Member States have, in the past, written to the Assembly, which has acknowledged the challenges faced by Member States in paying their contributions to the Union. The Assembly has requested the Commission to engage the Member States in order to agree on a payment plan for clearing their arrears and report back to the Executive Council in 2020.

Reply:

The CHE has indicated the following:

(a) The cut of R1.4 million does not have any negative impact on the CHE operations because the cut is linked to information declared by entities for funded vacancies that could not yet be filled. In addition, an additional amount of R25 million was allocated to the CHE baseline for 2020/21 to address critical service delivery areas in the entity.

(b) The budget allocated for travel costs was shifted for the use of 3G cards and data usage due to the national lockdown and travel restrictions.  Employees have continued to work remotely from home. All planned engagements, consultative processes, conferences, operational and governance committee meetings, site visits, training and development, recruitment and selection are conducted virtually.

(c) (i) The additional R25 million was mostly allocated to Information Communications and Technology (ICT) architecture. This includes the development of an ICT Business Continuity Plan to mitigate risks associated with any unforeseen disasters associated with working virtually, additional laptops for employees to work remotely from home, ICT licenses and the assessment of the current ICT infrastructure. 

(ii) The cost related to this is estimated to be around R2 million.

Reply:

South Africa is a signatory of hundreds of multilateral and bilateral agreements. South Africa is active in the international community, as evidenced by its membership of the UN Security Council, BRICS, IBSA, G20, G77 + China, the Indian Ocean Rim Association (IORA), SADC, and various other multilateral bodies.

In this regard Ministers and Deputy Ministers travel to other countries to fulfil these international obligations. They do so in line with our commitment to a better Africa and a better world, and as a proud member of the family of nations.

Please find in the attached annexureinformation on travel byMinisters and Deputy Ministers for the years 2018/19 and 2019/20.

Reply:

a) The total number of mobile units deployed to high schools during June 2020 were 38.

b) The intention is to assist all identified high school learners who are without identity documents who have been through the partnership with the Department of Education.

c) (i)(ii) On 16th June 2020, the Department through the Deputy Minister of Home Affairs launched a national school project in Mpumalanga, to prioritise matriculants for 1st Issue applications by making use of Mobile Units. The arrangement between Department of Home Affairs and the Department of Education is that provincial Departments of Basic Education provide the Home Affairs provincial offices with lists of learners that do not have identity documents as well as schools where such learners can be found. The provincial Home Affairs offices, in collaboration with the identified schools, use the lists to draft schedules for when such learners can be assisted. Furthermore, from 3rd of July 2020, the application for identity document service was opened and is available for learners at all the DHA local offices. This was done as a multipronged approach to ensure all learners in need of an identity document can access this service unhindered.

END

Reply:

The Museum does not have a position titled historical archaeologist and therefore no approved funding has been received or stopped. The Department of History at the Museum employs four historians and a number of support staff. The Department of Archaeology and Anthropology employs two archaeologist and a number of support staff.

Reply:

South Africa has a system of cooperative governance that informs a joint approach to planning. The Constitution and the Intergovernmental Relations FrameworkAct provides for cooperative governance. It provides for a framework for a coordinated and integrated alignment of developmental priorities and objectives between the three spheres of government. The District Development Model (DDM) approach is a practical realisation of this constitutional obligation.

The DDM draws from the White Paper on Local Government (1998), which describes local government as critical in “rebuilding local communities and environments, as the basis for a democratic,integrated, prosperous and truly non-racial society”.

TheDDM was discussedand endorsed by Cabinet on 12 August 2019 and by the President’s Coordinating Council on 20 August 2019.

The DDM is a practical intergovernmental relations mechanism for all three spheres of government to work jointly and to plan and act in unison, while creating a conducive environment for other development partners.

The DDM calls for collaborative planning at district and metropolitan level on the basis of a detailed, technically-driven consultative process within government and with communities and stakeholders. It is intended that this should result in a single integrated plan for each of the 44 districts and 8 metropolitan municipalities in the country.

These plans will be implemented in line with existing prescribed development, departmental, strategic and annual performance plans for which each sphere and state entity is responsible.

The decision to introduce District Champions was discussed and agreed to by the President’sCoordinating Council in May 2020.

The District Champions, which include Ministers, Deputy Ministers and senior government officials,are meant to work with local, regional and provincial leadership to coordinate our response to COVID-19, avoiding duplication and wastage of resources. This is an enhanced form of integrated service delivery, meant to serve the people better.

To address the scourge of gender-based violence, Cabinet added this areato the mandate of the District Champions.

It is incumbent on all of us to work together to respond to the challenges people face in a holistic and comprehensive manner.

Reply:

1. The Museum is in the process of formalising an Ethical research policy which is a target in the organisation’s Annual Performance Plan for 20/21. It has been an area of concern that the current historical record of South Africa was to a large extent sanitised by colonial and apartheid historians as detailed by the CEO, who has called on the historians of the Museum not to perpetuate this sanitisation of our history but to be proactive and conduct their research in an ethical manner.

The History Department of the Museum has a number of sterling research projects in place and are producing excellent research which is contributing to the decolonisation of South Africa’s history. It is believed that this process of decolonisation will have a positive impact on future research projects undertaken by the History Department of the National Museum.

2. The Museum does not fund students undertaking research projects. We do however, have partnerships with the universities, National Research Foundation (NRF) and other funders and our scientists, and oversee students conducting post graduate research.

3. (a) No panel has been selected as yet.

(b) The panel is the brain child of the CEO and she envisages it being an ad hoc one to be constituted by the CEO when she needs assistance on ethical approaches.

(c) No panel has been selected. However the Museum is well resourced with experts with doctorates in the fields of History, Archaeology and other scientific fields.

4. This ad hoc panel to assist the CEO has not yet been selected.

5. The department assumes that the words above are Honourable Van Dyk’s summary as we have not seen these word appear in that sequence anywhere. If this word sequence exist, I would appreciate receiving a copy thereof.

The Department has been advised by the Museum that they will not participate in any sanitising of history as had been done in our recent past during colonial and apartheid times. Further the research produced by the Museum is done in an ethical manner. Ethical research requires that researchers be aware of these imperatives.

Reply:

On the occasion of Africa Day 2020, the Presidency Twitter account posted several banners from the African Union (AU) paying tribute to African leaders who had been instrumental in the struggle for independence and continental unity.

In addition to the late President Robert Mugabe of Zimbabwe, the Presidency joined the African Union in paying tribute to Haile Selassie of Ethiopia, Julius Nyerere of Tanzania, Ahmed Sekou Touré of Guinea, Kwame Nkrumah of Ghana and Oliver Reginald Tambo of South Africa.

All of these leaders are deserving of recognition for their roles as leaders of national liberation and as champions of African independence, unity and development.

The slogan ‘Africa for Africans’ is rooted in the history of our continent. For centuries, the land, resources and even the people of Africa were exploited for the benefit of others. There was the transatlantic slave trade, where as many as 12 millions Africans were enslaved to enrich Europe and the Americas. There was the colonisation of the continent, in which the wealth of Africa was expropriated for the benefit of European colonial powers. In the latter part of the 20th century, Africa became a site of contestation between global powers during the Cold War.

‘Africa is for Africans’ is therefore an expression of the collective aspirations of the AU Agenda 2063, which is a call for African unity, self-determination, freedom, progress and collective prosperity. It is an expression of the call by Agenda 2063 for self-determination and for African progress that is ‘driven by its own citizens’.

Just as the South African Constitution declares that ‘South Africa belongs to all who live in it, united in our diversity’, so it follows that Africa belongs to all who live in it, and it is they who should determine its destiny and benefit from its wealth.

If Africa is not for Africans, then who is it for?

Reply:

1. (a)The average return period for diplomatic bag sent by a Mission to the Republic and when it returns to that mission vary between seven (7) to fourteen (14) days during normal periods. During the Covid-19 lockdown, it takes more time depending on the country of origin, availability of flights and other contingencies.

(b) The Department sends diplomatic freight bags to Missions everyday from Monday to Friday by following a schedule as part of the measures to ensure a diplomatic bag does not fill up. In terms of this schedule, diplomatic freight bags are sent to some missions fortnightly and weekly to other missions categorised as big and busier. For incoming diplomatic freight bags, Missions are required to send diplomatic freight bags at least once-a-month. Missions, however,were informed through a general circular dated 03 July 2019 that they could send a diplomatic freight bag to Head Office more than once-a-month where there is a need and the volume of mail items justifies so.

(c) The courier company has a real-time track and trace system and regularly provides the Department with the status and proof of delivery. In addition, the Department has its tracking mechanism.

2. The date of delivery of Tama Leigh Guthrie’s passport cannot be determined. The Department can only confirm that the last diplomatic bag to the South African Mission in Beijing was sent on 18 June, and the next batch of diplomatic bags to Missions will be sent on 23 July 2020.

Reply:

The Department is working with all 26 universities towards the successful completion of the 2020 academic year in a manner that does not compromise the safety of staff and students, and in a manner that provides a fair opportunity for all students to engage meaningfully with their study programmes. Universities have developed multimodal teaching and learning plans that implement a mix of strategies deemed suitable for the context of each university. Some universities are primarily delivering their teaching and learning programmes through online synchronous and asynchronous means whilst others are employing a mix of strategies that include online learning as well as the physical delivery of teaching and learning materials in digital form (memory sticks/USBs) or in print form.

A special COVID-19 Responsiveness Grant (CRG) has been created to assist universities to implement their multimodal plans, including the acquisition of laptops for students and staff, to ensure reasonable access to data, to strengthen their information and communication technology teaching and learning delivery platforms, and to develop staff and student capacity for online teaching and learning modalities.

Online learning is likely to remain part of every institution's teaching and learning strategy going forward. To this end, universities are being supported to enable all students to obtain a suitable device for online teaching and learning. Some universities have used Council-controlled funds, and/or CRG funds to procure laptops, and others are working with the National Student Financial Aid Scheme (NSFAS) to secure laptops for NSFAS-funded students through the national process led by NSFAS.

The Department has also negotiated with the major network service providers, and a data package at a significantly reduced cost has been put in place for students who are supported through NSFAS.

Reply:

No, I have not received the report.

In terms of a Presidential Minute dated 27 February 2020, I delegated to the Minister of Public Service and Administration the power to enquire if there was any improper conduct during the filling of a vacancy within the Department.

The final report of the investigation was submitted to the Presidency in late July, and the specified person was given an opportunity to make a submission on my intention to place him on precautionary suspension. Following receipt of his written representations, I have placed him on precautionary suspension with effect from 6 August 2020 pending a formal disciplinary hearing.

Reply:

Since the formalisation of the partnership between the Departments of Basic Education and Home Affairs through the signing of a Memorandum of Understanding on 1 March 2010, a total number of 8 989 858 Identity documents were issued to first time applicants, ie.16 years of age and above, for the period 1 April 2010 to 31 March 2020.

END

Reply:

1. Yes. The two Governments have discussed the developments in Cabo Delgado. So far, our deliberations have been on receiving briefing from our Mozambican counterparts so that we can establish deeper understanding of the developments.

2. (a) and (b) The Extra-Ordinary Summit of the Troika of the Organ on Politics, Defence and Security Cooperation plus Mozambique of the Southern African Development Community (SADC) held on 19 May 2020 urged member SADC member states to support the Government of Mozambique in fighting against the terrorist and armed groups in some districts of the country. Regarding the assistance and support, South Africa will align herself with the support that will be provided by the region as outlined by the Extra-Ordinary Summit of the Troika of the SADC Organ on Politics, Defence and Security Cooperation plus Mozambique held on 19 May 2020. The support will be in accordance with Mozambique’s needs assessment report, which will be provided to SADC.

Reply:

The Department does not collect data by year of study as each university determines its years of study differently. Furthermore, the Department will only receive the final audited data for the 2020 academic year in 2021 once the graduates have been identified and the data audited. 

In terms of the enrolment plan for 2014 to 2019, universities indicated that they would have 11 122 BEd graduates and 8 716 PGCE (Post Graduate Certificate in Education) graduates in the 2018 academic year. Table 1 below shows that universities have exceeded these projections, achieving 17 432 BEd graduates and 10 976 PGCE graduates in 2018.  

For 2019, universities have projected 11 483 BEd graduates and 9 218 PGCE graduates, and for 2020, 17 814 BEd graduates and 10 143 PGCE graduates.   

Table 1: Number of B Ed and PGCE graduates in 2018, by institution.

Institution	BEd	PGCE
Cape Peninsula University of Technology (23 final year students are tutored in partnership with College of Cape Town)	713	142
University of Cape Town	0	117
Central University of Technology, Free State	400	250
Durban Institute of Technology	222	0
University of Fort Hare	411	90
University of Free State	598	286
University of Johannesburg	585	176
University of KwaZulu-Natal	1 126	729
University of Limpopo	517	251
Nelson Mandela University	338	116
North West University	1 101	646
University of Pretoria	898	139
Rhodes University	99	103
University of South Africa	5 908	6 264
University of Stellenbosch	237	231
Tshwane University of Technology	700	0
University of Venda	662	168
Walter Sisulu University	1 026	546
University of Western Cape	203	205
University of Witwatersrand	486	171
University of Zululand	1 022	346
Sol Plaatje University, Northern Cape	82	0
University of Mpumalanga	98	0
Total	17 432	10 976

 

Reply:

Combating stock theft, drugs and cigarettes smuggling does not fall under the mandate of Home Affairs. Immigration operations to combat irregular migration are carried out nationally and this includes areas near the border environment. In the last Quarter of 2019-20 financial year, 55 operations / inspections were initiated by the department and a total number of 73 illegal foreigners were arrested. In addition to that, a number of 9 528 illegal foreigners were arrested in operations initiated jointly with other law enforcement stakeholders. The first quarter of the 2020-21 financial year fall within the period of lockdown. Operations were conducted in support of other law enforcement and a total number of 3 482 Illegal foreigners were arrested.

END

 

Reply:

1. (i) Reducing the secondary victimization or trauma of Gender-Based Violence

(GBV) survivors is a key pillar of the Department of Justice and Constitutional Development, as well as the National Prosecuting Authority (NPA)’s interventions to combat GBV. To reduce secondary victimization in court processes, the NPA has specifically included a module on social context sensitivity awareness in their training curricula dealing with GBV and Femicide related matters.

Victims of GBV must always be encouraged to speak out and report these offences, as this is the only way in which Criminal Justice System (CJS) can deal with the matter and ensure that justice is done. It requires laying a charge with the South African Police Service (SAPS), followed by prosecutor-guided investigations and related court processes. Victims of domestic violence and harassment can also apply for protection orders at their nearest court.

No two (2) GBV cases are ever exactly the same and therefore each case is handled on its merits, circumstances and complexities.

Another key pillar of our interventions is the provision of support services to victims. Dedicated Sexual Offences Courts make use of a number of interventions to reduce secondary trauma for victims, such as preparation services, pre-and post-trial trauma debriefing services, intermediary services, private testifying room/closed court services (via a closed-circuit TV system) and private waiting rooms for adult and child victims.

For victims of sexual offences, the Thuthuzela Care Centres (TCCs) have specifically been established as a mechanism to minimize secondary victimization, as the objective of the TCC model is to provide all related services (medical, psycho-social, statement taking, follow-up services) at a 24-hour One Stop Centre. There are currently 55 TCC-sites nationally, with six (6) additional sites in the process of being added to the list.

(ii) Each GBV matter and sexual offences matter is dealt with on its own merits.

They do generally take longer as they are often more complex in nature. As soon as the SAPS present a docket to the NPA, the prosecution arm is set in motion. Should the evidence contained in a docket prove a prima facie case against the alleged accused, such person will be prosecuted, either by putting a charge to the accused or by diverting the matter away from the court process, depending on the merits and the severity of the charge. In addition, it is worth noting that prosecutors, specifically in dealing with serious/contentious offences (as is the case with all GBVF matters), are required to have detailed consultations with witnesses to follow the court preparation program before they are to testify in court. These steps are vital for a successful prosecution, but they do, unfortunately, take time.

2. (i) The provision of support services and court preparation ensure well prepared

witnesses for court, which also minimizes the impact of secondary victimization. Effective preparation is more crucial when dealing with child witnesses and severely traumatized witnesses. The NPA has therefore appointed Court Preparation Officers who, inter alia, inform witnesses of the court environment, legal processes and terms. Their fears and concerns are addressed, and court preparation aims to reduce secondary victimization. In court, the victim has to once again relay their version of the events, and then they are also exposed to cross examination by the defense and questions from the bench. Service providers, and those within the NPA environment, prosecutors and TCC staff, are specifically trained and encouraged to minimize secondary victimisation, i.e. to minimize consultations, appoint one specific prosecutor to deal with a victim (which helps with rapport building, especially with younger victims), keep the victim updated as to the status of the case and to ensure that court preparation is provided, and that the necessary counselling has been offered.

Prosecutors also have a duty to inform victims of the various protective measures provided for in the Criminal Procedure Act of 1977, i.e. section 153, which provides a court to sit in camera, section 154, which prevents the personal details of the victim to be made public, section 158, which allows for adult persons to testify through as CCTV camera and section 170A, which allows, by application, for the use of an intermediary for persons under the biological or mental age of 18.

3. (ii) Victims of GBV are always encouraged to speak out as it the only way that we

can put a stop to GBV and to ensure that victims access support services. A lot is being done to prevent secondary victimisation in the broader criminal justice system. One of the principles that guides the implementation of the National Strategic Plan on GBV and Femicide’s programmes are a human rights-based, victim-centred, survivor-focused approach to the provision of services that reaches all, regardless of financial means. A victim-centred approach is the systematic focus on the needs and concerns of a victim to ensure the compassionate and sensitive delivery of services in a non-judgmental manner. It seeks to minimize traumatisation associated with criminal justice processes by providing support of victim advocates and service providers, empowering survivors as engaged participants in the process, and providing survivors an opportunity to play a role in seeing their offenders brought to justice.

There are also structures which aim to further assist and support specific vulnerable groups, such as victims of trafficking in persons and members of the LGBTI community when they are victims of GBV.

New legislation is also underway to further strengthen the rights and protection of victims of GBV. The Domestic Violence Amendment Bill is one of a package of three legislative interventions which are intended to contribute to the fight against the scourge of gender-based violence and femicide. The two other Bills seek to amend the statutory provisions in the Criminal Procedure Act, 1977 and the Criminal Law Amendment Act, 1997, dealing with bail and sentencing, as well as the National Register for Sex Offenders. Appropriate legislation to reduce and prevent GBV is of critical importance. It is envisaged that these Bills will be introduced into Parliament shortly and will go a long way in further combating and preventing all forms of GBV.

In addition to the legislation being prepared by my Department, the Department of Social Development is also working on a Victim Support Services Bill. The Bill was gazetted on 17 July 2020 and recognizes that victims experience secondary victimisation and therefore creates a prohibition against such. It provides that secondary victimisation needs to be prevented at all times through service provision and stipulates the various services to be provided to victims.

Reply:

• The Department has appointed an independent audit firm to investigate the matter. This firm was appointed in March 2020 but due to the COVID 19 pandemic, they were only able to commence with the investigation in May 2020.

• The investigation is still under way, the audit firm has completed the review of phase one (RFB1412/2016) which is the qualification phase of the bid process and they have also interviewed some of the officials from both DHA and SITA. They are now busy with phase two (RFB1498/2016) of the bid process. This also include reviewing of the service level agreement, review of digital imaging data of individuals from SITA, interviews of all other officials from various stakeholders (CSIR, SAPS, ARMS, BIG Group, Core Focus, ENS, Gartner) who formed part of the bidding process.

END

 

Reply:

a) The Department established a Central Adjudication Hub at Head Office in November 2019 when it commenced with the testing of eVisa which took place in Kenya. Adjudication of eVisa applications from abroad was successfully tested at this Central Adjudication Hub.

b) The eVisa System development has been completed.

c) On 10 July 2019, during the Department’s Budget Vote, we committed to increase the number of Officials who are processing visas in our large tourist hubs in China, India and Nigeria. We have since deployed 12 Officials (4 in each country) on a temporary basis to process the large number of tourist applications we receive from these countries. We have also presented a Business Case to National Treasury for permanent appointment in our critical Missions.

END

 

Reply:

1. I wish to advise that the correct case number for the matter in question is 63756/2017. There was out of court a settlement between the PP office, SARA and the Department were the sum of R191 426, 71 to SARA’s attorneys and will be making a further payment in the sum of R187 291, 49 to the attorneys representing the Public Protector South Africa and the Public Protector (PP) on receipt of a claim from the Department of Justice and Constitutional Development.

2. The Department concluded a contract with the Development Bank of Southern Africa (DBSA) on 19 June 2019 and renovations at SARA House are currently underway. Despite the original budget requested by SARA of R15 000 000.00 (Fifteen Million Rand Only); subsequent to the settlement, the Department deemed it fit to increase the budget to R23 000 000.00 (Twenty Three Million Rand Only), taking into account the preliminary work done by DBSA in terms of projected costs of the assessment work.

The Director-General convened a meeting with the Chairperson of the Reference Panel and SARA was represented by Mr Nyathela. Subsequent to that meeting, the aspects dealing with events and technical services were reviewed taking into consideration SARA’s input and events and technical services are a stand-alone Chapter in the Revised White Paper namely, Chapter 4, paragraph 4.8 at pages 40 to 41.

The Department also approved an Arts, Culture Promotion and Development Funding and Transfers policy on 27 January 2020 which policy deals with operational matters and among others, the payment of operations and administrative costs of up to a maximum amount of 10% of the total allocated grant funding to qualifying Beneficiaries including SARA.

Attached is the Revised White Paper and Settlement Agrement:

 

 

Reply:

I have been informed that to ensure the improvement of the socio-economic conditions of residents and the provision of housing in Alexandra, several steps have been undertaken to unlock the obstacles that have hampered progress in the development of the area in the past.

 

The Minister of Human Settlements, Water and Sanitation, working with the Provincial MEC for Human Settlements and the Executive Mayor of the City of Johannesburg, has undertaken several initiatives to resolve matters of access to and availability of land and housing.

These include:

(a) Approximately 562 hectares of land have been identified for the planning and development of housing, in which the residents of Greater Alexandra will receive the benefit. 

(b) Additional portions of land owned by the City of Johannesburg have been identified to allow for the resolution of the outstanding land restitution claims. Also, all available privately-owned land within the vicinity is being identified to provide additional relief to the shortage of housing and related development in the area. 

(c) Developments are being planned within a five kilometres radius of the inner core of Alexandra, and approximately 25,000 housing opportunities are planned in the developments, with specific reference to Linksfield and Frankenwald.

(d) Steps are being taken to overcome the long-standing legal, regulatory, funding and planning obstacles and delays, to ensure the transfer of ownership to approved households.

(e) The land and housing plans and interventions related to land, housing and human settlements form part of a comprehensive consolidated Greater Alexandra Master plan that is in the final stages of completion. This will ensure that all development in the Greater Alexandra is consolidated, comprehensive and integrated with the City of Johannesburg, province of Gauteng and National Government.

The various plans and interventions are based on the principle of consultation, which is managed and led by the Executive Mayor in the City of Johannesburg, in consultation with the provincial and national spheres of government.

The national Department of Human Settlements is the convenor of the Intergovernmental Human Settlements Technical Team, tasked with presenting progress reports on land and housing to an Inter-Ministerial Committee chaired by the Deputy President. This IMC oversees and monitors all the various socio-economic development plans and interventions being undertaken in Alexandra.  

Reply:

(a) The mandate of sourcing office accommodation for departments lies with the Department of Public Works and Infrastructure (DPWI).

Umlazi - Currently the office has a small office at the Magistrate’s Court in Umlazi rendering the following services: Birth and Death registration, Amendments, Rectifications and Green Barcoded IDs; the Department is however looking at relocating the current Prospecton Medium Office to Umlazi and modernise the office.  The Department is currently in negotiations with the Department of Public works and the Ethekwini Metro Municipality to obtain suitable premises. A possible Public Works premises has been identified but it needs substantial renovations.  We aim to have the new office in Umlazi fully functional and operational by the end of the 2021/22 financial year.  The reason for these extended projections is that the building identified need extensive renovations and there is a dependency on Public Works to finalise and move forward with the project.

(b) Chatsworth - The Department currently have a Medium office situated in the Chatsworth area operating from the SASSA building in the centre of Chatsworth. We are already operational in this area with the following services: Birth, Marriages and Death registration, Amendments, Rectifications, and Green Barcoded IDs. The DPWI has provided a report to the department detailing the renovation costs and these were too high to warrant the department of Home Affairs to continue with the renovations. The Department of Home Affairs has thus requested DPWI to source suitable alternative accommodation so that the Chatsworth office can be relocated and modernised. The time frame for modernisation will depend on DPWI sourcing the alternative accommodation.

One must take note that due to the COVID-19 pandemic the department has reprioritised funding to help manage this pandemic within the operations and this is likely to have an impact on the above plan.

END

Reply:

(1) As to whether the Department opens for more services or not and by what date will be determined by lockdown regulations and this decision will be taken by the National Coronavirus Command Council structure when it is ready to do so.

(2) On 3rd of July 2020,I signed into amended regulations, the provision for applications for identity cards or documents for learners. These are essentially new identity document applications (1st issues) that are being catered for. However, since Alert level 5 of lockdown regulations, eligible South African Citizens were allowed to apply for Temporary Identity Card (TIC) which is a valid and authentic enabling document. Therefore, a person who is issued with TIC can also use it to access Social Services including Social Relief grant. Up to so far nobody needing new ID for purposes of accessing social grants was presented to us. If you have any list of such people, please present same to us.

(3) The Department has opened its offices and Services to receive and process applications while observing Covid-19 regulations by allowing one third (1/3) of the Staff compliment at their respective offices at a time. The Department has prioritised and staggered its services which should be applied for and processed. As the country progress from one alert level to the other, the Department will also gradually add other services to enable its offices to cope with the demand whilst complying with Covid 19 regulations.

END

Reply:

a) 

(i) Visas and (ii) permanent resident applications

Year	Visas	Permanent resident applications
2018	12	53
2019	6	257
2020	61	460
Total	79	770

 

b) 

Year	Visas	Permanent resident applications
2018	None	None
2019	None	23 of 257 (pending at various stages of adjudication)
2020	18 of 59 (pending at various stages of adjudication)	192 of 460 (pending at various stages of adjudication)
Total	18	192

c) 

The spousal and refugee categories of permanent residence applications require investigation on the existence of spousal relationships and the verification of the certification by the Standing committee, which takes some time to finalise. However, the adjudication team has resumed work during June 2020, and is adjudicating all outstanding applications whilst application offices of application (VFS Global) is still closed for new applications, save for collection of outcomes, under the Alert Level 3 of the national state of disaster. It is envisaged that by the end of August, all applications would have been finalised

END

Reply:

The practice of Parliamentary Questions to the Executive for written or oral reply is an important part of the exercise of accountability and transparency.

As my Parliamentary Counsellor, Dr Gerhard Koornhof indicated in his correspondence to the Honourable Member of 31 May 2020:

“Section 92(2) of the Constitution is clear that the Members of the Cabinet are accountable collectively and individually to Parliament for the exercise of their powers and the performance of their functions.

“Similarly, Chapter 10 of the National Assembly Rules are clear on questions, including questions to Ministers, the monitoring of replies to questions, unanswered questions for oral reply, questions for oral reply standing over and questions for written reply.”

It is my understanding that Chapter 10 of the NA Rules is intended to ensure the effective functioning of this practice and to ensure that any problems are addressed between the Speaker and the Leader of Government Business.

I would therefore suggest that any matters relating to the reply to Parliamentary Questions be attended to in the manner prescribed in the Rules.

In addition, I have requested that these issues be raised for discussion in the next report to Cabinet by the Leader of Government Business.

Reply:

(a) (i) Whilst some complaints have been received through the MFMA helpdesk with the email address [email protected], the aim of this helpdesk is to receive queries and requests for comments regarding the implementation of the MFMA. Since July 2016, six reports of non-compliance with the MFMA were received.

(ii) Of the complaints received, the relevant Provincial Treasury was engaged on the very same matter and the relevant municipality has been engaged accordingly. The National Treasury is currently engaging one municipality to establish the facts of the matter. The remaining four complaints have been referred to the relevant stakeholders to take forward.

(b) The compliants received deal with an array of issues however there are no commonalities.

(c) The National Treasury does not maintain a ranking list for non-compliance. It is important for the Honourable Member to note that in terms of Chapter 15 of the MFMA read together with the Municipal Regulations on Financial Misconduct Procedures and Criminal Proceedings, it is the responsibility of the municipality to investigate acts of non-compliance by municipal officials and councilors and institute disciplinary actions accordingly. Each municipality must develop reporting procedures through which complaints and allegations must be reported.

Reply:

1.(a)(i). In terms of the official delegations of the National Museum, all Museum funded research are firstly approved by the CEO

(ii). Same as (i) above

(b). The delegations regarding this aspect is not new or recent as it has always applied.

2. Not all research approved by the Museum goes through a peer review process before dissemination to the public.

3. (a) (b). No, and no extra cost are envisaged

4. None of the research vetted by the CEO has been rejected and or was removed

 

Reply:

a) The actual budget cut is R5.5 million on the Administration budget with no budget cut on the student-funding budget.

b) The budget reduction of R5.5 million will affect the Compensation of Employees budget line. This will result in delaying the filling of vacant positions.

c) (i) The maximum number of digital devices as per the advertised request for proposals in the public tender is 730 000, which is the projected number of NSFAS beneficiaries for 2020 academic year.

(ii) The cost per device cannot be disclosed as the tender process is currently still in progress.

d) All other COVID-19 related budget expenses have been contained in the reprioritized Administration budget baseline.

e) The number of funded students will not be affected by the budget cut or reprioritization. The R2.5 billion reduction in student bursary funding arising from the R2.5 billion suspension of student bursary funding for devices will be funded with R1.0 billion from recovered funds and R1.5 billion from accumulated TVET funds. 

f) The maximum total amount required for the extension of the academic year is R4.4 billion, i.e. R319 million for TVET colleges and R4.1 billion for universities. It should be noted that NSFAS has modelled the increased costs based on a full extension of allowances for the additional months of the academic year. This is therefore the maximum amount that could be required. Should the national framework be effectively applied for university-owned and leased accommodation, keeping the original costs of accommodation for the extended academic year, then it is likely that some of these costs will be contained.

Reply:

The number of matters that were lodged and commenced against the State since the announcement and implementation of the national lockdown regulation aimed at curbing of the spread of Covid-19 in March 2020 amounts to 116 in total. It is worth mentioning that 80/116 matters (92%) of these matters were populated between State Attorney in Pretoria with fifty-one (51) cases and State Attorney in Cape Town with twenty-nine (29) matters.

The Office of the Solicitor-General is tallying the total costs and expenses in relation to these matters by collating information from all thirteen (13) Offices of the State Attorney. However, for the period under review, the State has paid invoices (inclusive of fees and disbursements) to the value of R3 462 327.00. The Offices of State Attorney are yet to complete the quantification process of the costs involved as they are currently segmenting the matters in terms of those rendered by Junior and Senior counsel on pro-bono (free of charge) basis.

I am unfortunately unable to furnish the Honourable Member with information, in relation to the cumulative amount of cost orders issued against the State, due to the following:

a) Matters that are still serving in court and are yet to be finalised (sub-judice);

b) Invoices to matters where services have been rendered but accounts are yet to be submitted by the legal services providers;

c) Matters which were not opposed by the State and to which no costs orders have been made and resulting in savings to the fiscus;

d) Matters that were in terms of section 13 of the disaster management regulations finalised either via mediation or arbitration to which no costs orders relate; and

e) Matters where adverse costs orders were issued against the state but in relation to which matters the accounts by third parties are yet to be rendered to the State and/or taxed.

To the extent that the Honourable Member also requires information on the disclosure of names of the recipients and the quantum payable to such recipients, I shall revert with the answer once legal clarification in relation to the issues of Protection of Personal Information Act (POPIA) and other legal prescripts have been clarified.

Reply:

a) The Department works closely with Department of International Relations and Co-operation (DIRCO) in terms of the protocols provided by Government. The communication to applicants living abroad is arranged through DIRCO for proper coordination and to address the risk associated to enabling documents.

b) The Department of Home Affairs (DHA) and DIRCO prepared a communique to Missions abroad to forward all long outstanding applications to DIRCO and DHA has created an e-mail address to deal with long outstanding applications. Both departments agreed on the automation of the application process which will be done in the medium to long term with the aim of ultimately reducing turnaround times.

END

 

 

Reply:

1. (a) The Special Investigating Unit (SIU) has informed me that six (6) proclamations were published, and they mandated the SIU to investigate matters in respect of the National Department of Rural Development and Land Reform.

(b) i) and ii)

Proclamation R8 of 2011: National Department of Rural Development and Land Reform (Land Reform): GG: 34031 of 18 February 2011

Schedule to the Proclamation

The application for and award of grants, the transfer of land or the payment of funds to beneficiaries and the administration thereof by the Department, under the Department's Land Reform Programme, in a manner that was (a) contrary to applicable (i) legislation; (ii) manuals, guidelines, practice notes and instructions issued by the National Treasury; or (iii) manuals, policies, procedures, instructions, prescripts or practices of, or applicable to the Department; or (b) fraudulent. The incurrence of (a) irregular expenditure; (b) fruitless and wasteful expenditure; or (c) expenditure not due, owing and payable, in relation to payments made, land transferred or grants awarded to beneficiaries, suppliers, contractors or service providers, in or relating to the Department’s Land Reform Programme

Proclamation R53 of 2012: National Department of Rural Development and Land Reform and its agents (Land Restitution): GG: 35691 of 21 September 2012

Schedule to the Proclamation

The payment of advances, subsidies or compensation to claimants in respect of the restitution of a right in land in terms of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994) to persons who were not entitled to receive such advances, subsidies or compensation; or in a manner which was contrary to applicable legislation, manuals, policies, procedures, instructions, prescripts and/or practices of, or which were applicable to the Department; or fraudulent. Maladministration of the affairs of the Department by officials or employees or their agents in respect of the payment of advances, subsidies or compensation to claimants in respect of the restitution of a right in land in terms of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994), including the causes of such maladministration.

Proclamation R7 of 2014, amended by R599 of 2015 and R32 of 2017: Department of Rural Development and Land Reform (formerly known as the Department of Land Affairs) in its national department, its provincial departments, its trading entities and their respective agencies (herein referred to as the DRDLR) and the State Information Technology Agency (PTY) Ltd (herein referred to as SITA): GG: 37346 dated 14 February 2014; GG: 38985 dated 10 July 2015; GG: 41165 date 6 October 2017

Schedule to the Proclamation

Any reference to (a) "contracting" includes but is not limited to, any negotiation processes involving a contract, the conclusion and signing of a contract and any novation, renewal, extension or amendment of the contract; (b) "the ICT systems/projects" means (i) the e-Cadastre project and the e-Cadastre system for the DRDLR; (ii) the Deeds Registries System for the DRDLR; (iii) the Enterprise Architecture product for the DRDLR; (iv) the Regularity Impact Assessment for the DRDLR; (v) a BPR project for the DRDLR; and (vi) the back scanning of records of the DRDLR into microfilm images for the DRDLR database individually or collectively, as the context may require or as may be applicable; (c) "the institutions" means the DRDLR and the SITA, individually or collectively, as the context may require or as may be applicable; and (d) "the institutions' suppliers and service providers" includes any consultants, contractors, subcontractors, suppliers or service providers of the institutions. Theft, fraud, corruption or maladministration in the affairs of the DRDLR in relation to the lodging and processing of deeds on the Deeds Registration System of the Pretoria, Johannesburg, Cape Town, Vryburg and Bloemfontein Deeds Registries or in the processes of requesting for or the giving-out of deeds information, in a manner that was contrary to applicable (a) legislation; or (b) manuals, guidelines, policies, procedures, practice notes, instructions, prescripts or practices of or applicable to the DRDLR including the causes of such fraud, corruption or maladministration and any loss, damage or prejudice actually or potentially suffered by the DRDLR or the State. The procurement of and contracting for the ICT systems/projects or any goods, works or services in respect of the ICT systems/projects by or on behalf of the Institutions and payments made in relation thereto, in a manner that was (a) not fair, equitable, transparent, competitive or cost-effective; or (b) contrary to applicable (i) legislation; (ii) manuals, guidelines, practice notes or instructions issued by the National Treasury or the applicable Provincial Treasuries; or (iii) manuals, guidelines, codes, policies, procedures, instructions or practices of, or applicable to the Institutions; Losses or prejudice actually or potentially suffered by the Institutions as a result of the mismanagement of the assets, finances or other resources in respect of the ICT systems/projects, including any (a) overspending, mismanagement, misspending or misappropriation of funds; (b) payments which were made to agents of the Institutions or the Institutions' suppliers and service providers (i) prematurely; (ii) despite non-performance, uncertified, incomplete or poor quality performance or defective performance; (iii) despite late performance; or (iv) in excess of amounts agreed or tendered or at rates disproportionate to the value, nature or scope of goods, works or services supplied or rendered; ( c) payments made for goods not supplied or works or services not rendered; or (d) duplication of payments. Losses or prejudice actually or potentially suffered by the Institutions as a result of unlawful conduct or irregular practices of the personnel or agents of the Institutions, the Institutions' suppliers and service providers or third parties in respect of the ICT systems/projects, including any premature, false or inflated claims for payment. The incurrence of unauthorised expenditure, irregular expenditure, fruitless and wasteful expenditure or expenditure not due, owing and payable, as a result of payments which were made by the Institutions to the agents of the Institutions, the Institutions' suppliers and service providers or third parties for or in respect of the ICT systems/projects. Fraud, corruption or maladministration regarding the affairs of the Institutions in respect of the ICT systems/projects in respect of (a) budget preparations, the allocation, implementation or use of the applicable budgets or budget items, including but not limited to any overspending or misappropriation of the applicable budgets or budgeted items; (b) supply chain management policies; (c) procurement processes; (d) contract management, including but not limited to (i) contracting for the ICT systems/projects or any goods, works or services in respect of the ICT systems/projects; (ii) the monitoring, management or verification of goods delivery, services rendered or works performed or any failure in this regard; (ii) the monitoring, management or verification of the quality and /or quantity of goods delivered, services rendered or works performed or any failure in this regard; (iv) any breach of contract, late performance, enforcement of contracts or cancellation of contracts; or (e) logistics management, including the causes of such fraud, corruption or maladministration and any loss, damage or prejudice actually or potentially suffered by the Institutions or the State. The failure of the Institutions to (a) recover premature or excessive payments made to agents of the Institutions or the Institutions' suppliers and service providers; or (b) collect monies due, owing and payable to the Institutions, for or in respect of the ICT systems/projects. Unlawful or irregular conduct by agents of the Institutions, the Institutions' personnel, suppliers and service providers or third parties relating to any one or more of the allegations set out above, and any loss, damage or prejudice actually or potentially suffered by the State or Institutions as a result thereof.

Proclamation R24 of 2017: Department of Rural Development and Land Reform: GG 41000 dated 24 July 2017

Schedule to the Proclamation

The acquisition by the Department of the Bekendvlei, Nirwanda, Wonderhoek, Mont Piquet and Appelkloof farms, Mikes Chicken (Pty) Ltd, immovable assets and animals for Project Harmonie, Project Uitkyk and Project Dipalemo in terms of the Department's Proactive Land Acquisition Strategy, and the identification, selection and appointment of strategic partners and beneficiaries for such farms in a manner that was (a) not fair, competitive, transparent, equitable or cost-effective; (b) contrary to applicable (i) legislation; (ii) manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury; or (iii) manuals, policies, procedures, prescripts, instructions or practices of or applicable to the Department; (c) conducted by or facilitated through the improper or unlawful conduct of (i) officials of the Department; or (ii) any other person or entity, to corruptly or unduly benefit themselves or others; or (d) fraudulent, and related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Department. Misappropriation of recapitalization funds in terms of the Recapitalization and Development Programme of the Department relating to the allegations referred to in paragraph 1 of this Schedule. Corruption, irregularities, malpractices or maladministration in the affairs of the Department relating to the allegations referred to in paragraphs 1 and 2 of this Schedule, including the causes of such and any losses, damages or actual or potential prejudice which the Department may have suffered.

(c) (i) and (ii)

Proclamation R8 of 2011: National Department of Rural Development and Land Reform (Land Reform): GG: 34031 of 18 February 2011
Action taken	Details of the outcomes of each investigation finalised	Value
Number of referrals made to the National Prosecuting Authority (NPA)	Evidence obtained in respect of 43 matters investigated has been referred to the NPA, including the AFU with a view to instituting criminal action and/or recovery of the proceeds of crime and/or unlawful activities in terms of the provisions of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)
Number of referrals made for disciplinary action against officials	In respect of 33 matters investigated, evidence obtained against 23 officials was referred to the Department with recommendations to the effect that disciplinary action be instituted against the officials concerned.
Rand value of actual cash and/or assets recovered	Final asset forfeiture/confiscation orders have been obtained in 24 of the matters referred to the AFU.	R362 000 000
Rand value of potential cash and/or assets to be recovered	In respect of 4 matters referred to the AFU, preservation orders have been obtained.	R45 528 094
Rand value of matters in respect of which evidence was referred for the institution or defence/opposition of civil proceedings	In respect of 2 of the matters, civil proceedings have been instituted and the SIU is pursuing recoveries of R7.6 million. The SIU is awaiting a trial date for these 2 matters.	R9 200 000
(ii) Final Presidential Report submitted on 28 March 2018.

Proclamation R53 of 2012: National Department of Rural Development and Land Reform and its agents (Land Restitution): GG: 35691 of 21 September 2012
Action taken	Details of the outcomes of each investigation finalised	Value
Number of referrals made to the National Prosecuting Authority	Evidence obtained in respect of 166 matters investigated has been referred to the NPA, including the AFU with a view to instituting criminal action and/or recovery of the proceeds of crime and/or unlawful activities in terms of the provisions of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998). In 70 matters the NPA declined to prosecute; in 4 matters the accused were found guilty of theft, fraud and money laundering.
Referrals made for disciplinary action against officials	Evidence obtained against 24 officials (in total) was referred to various government departments with recommendations that disciplinary action be instituted against them for misconduct related to applications for irregular and/or unlawful claims.
Rand value of actual cash and/or assets recovered	A final asset forfeiture/confiscation order has been obtained in one the matter referred to the AFU.	R5 359 248
Rand value of potential cash and/or assets to be recovered	A preservation order has been obtained in one matter referred to the AFU. Signed Acknowledgements of Debts have been obtained from 90 individuals in respect of undue payments made to them for claims that they did not qualify for.	R45 015 000 R5 197 490
(ii) Final Presidential Report submitted on 27 November 2019.

Proclamation R7 of 2014, amended by R599 of 2015 and R32 of 2017: Department of Rural Development and Land Reform (formerly known as the Department of Land Affairs) in its national department, its provincial departments, its trading entities and their respective agencies (herein referred to as the DRDLR) and the State Information Technology Agency (PTY) Ltd (herein referred to as SITA): GG: 37346 dated 14 February 2014; GG: 38985 dated 10 July 2015; GG: 41165 date 6 October 2017
Action taken	Details of the outcomes of each investigation finalised	Value
Number of referrals made to the National Prosecuting Authority	Evidence obtained in respect of 1 matter investigated has been referred to the NPA, with a view to instituting criminal action for gross financial misconduct in terms of the PFMA. Evidence obtained in respect of 7 matters investigated has been referred to the NPA, with a view to instituting criminal action for fraud, contravention of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001) theft, forgery and/or uttering.
Number of referrals made for disciplinary action against officials	Evidence obtained against 7 officials was referred to the Department with recommendations that disciplinary action be instituted against them for misconduct. Evidence obtained against 10 officials was referred to the Department with recommendations that disciplinary action be instituted against them for negligence and non-compliance with statutory prescripts.
Number of referrals made for executive and/or administrative action	Evidence against 1 conveyancer (as reflected in Table 3 below) has been referred to the relevant body at the time, being the Law Society of the Northern Provinces (which has since been replaced by the Legal Practice Council), to use in support of an application to strike the conveyancer from the roll of Admitted Attorneys. The application was successful and he was struck from the roll on 15 June 2017.
The value of contract(s) and/or administrative decision(s)/action(s) set aside or deemed invalid	On 13 September 2016, the High Court declared the decision by the SITA to recommend, and by the Department to award the Tender to Gijima to be unlawful and invalid ab initio as a result of a pricing error made by the SITA during the bid evaluation and adjudication processes of the Tender. The Court further declared all contracts that resulted directly or indirectly from the award of the Tender concluded between the Department and Gijima to be unlawful and invalid ab initio and the Court set aside all such contracts.	R651 225 770
Rand value of matters in respect of which evidence was referred for the institution or defence/opposition of civil proceedings	The Department and the SIU have jointly instituted new civil proceedings against Gijima in order to recover monies on the basis of unjust enrichment. The matter is on-going.	R208 025 174
(ii) Final Presidential Report submitted on 26 March 2020 for Proclamation R7 of 2014 and R599 of 2015. Proclamation R32 of 2017 is still ongoing, and expected to be finalised by the end of the 2020/21 financial year.

Proclamation R24 of 2017: Department of Rural Development and Land Reform: GG 41000 dated 24 July 2017
Action taken	Details of the outcomes of each investigation finalised	Value
Rand value of matters in respect of which evidence was referred for the institution or defence/opposition of civil proceedings	Civil proceedings have been instituted in the Special Tribunal in respect of one matter and the SIU is seeking to declare invalid and set aside a lease agreement entered into between the Department and a service provider.	R3 037 647
(ii) Investigation is still ongoing, and expected to be finalised by the end of the 2020/21 financial year.

2. No, it is the President’s prerogative to release SIU’s final reports.

Reply:

The donation to the Solidarity Fund is a voluntary contribution that each Member of Cabinet and Deputy Minister chose to make in support of the national response to the COVID-19 pandemic. Each Minister and Deputy Minister is responsible for making the necessary arrangements to contribute to the Fund.

Reply:

(a)   The South African Qualifications Authority (SAQA) is using the reallocated budget to reduce the spread of COVID-19 when employees are at the office.  Management has earmarked and reprioritised R1.2 million for Personal Protective Equipment (PPE) such as masks, gloves, sanitisers and disinfectants for 197 SAQA employees, and to procure cleaning equipment and consumables, as well as deep cleaning services, as and when necessary after risk assessments.

(b)  SAQA is facing dire financial challenges as a result of the pandemic lockdown measures in that no evaluation of foreign qualifications or verifications of qualifications for appointments are being requested, which normally provides significant revenue for SAQA annually. SAQA is unable to raise its originally budgeted income through these revenue generating streams during the lockdown.

The reallocation of funding added to the financial challenges that SAQA is already facing. SAQA, in consultation with the Department, considered the following cost-cutting measures:

• vacant positions and non-critical positions will not be filled in the immediate future;
• savings on travel/accommodation and subsistence items as a result of the lockdown; 
• advertisements; 
• consultancy fees; and 
• conference costs.

SAQA’s revised budget is reflecting a deficit of approximately R37 million, even after effecting intensive cost-cutting measures in preparing its revised budgeted expenditure.