Questions and Replies

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:

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:

(1) The increased number of arrests of illegal immigrants would have resulted in releases if the deportations were not implemented;

(2) The deportations costs incurred by the department was R23,329,354.82 in 2019/20 financial year;

(3) The country’s policy position of recouping the costs incurred in returning illegal immigrants to their countries of origin is the subject of ongoing bilateral discussions led by the DHA and DIRCO. All countries have to date indicated a lack of funds in relation to this. In SADC and South America, Consular services in foreign missions such as Zimbabwe, Mozambique, Brazil and Venezuela are actively involved in assisting the deportees to source funds for self-payment from their relations. The assistance also extends to the purchase of bus and flight tickets by the Consular Officers;

(4) what are the relevant details of monies (a) paid by his department and (b) received on deportation from each country of deported immigrants for the past 12 months?

(a) Deportation expenditure amounted to R23,329,354.82.

(b) Self-deportation costs by foreign nationals were R5,634,165.20.

 

END

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 Cabinet member responsible for administering the Disaster Management Act was designated by President Thabo Mbeki on 25 March 2004 as the Minister for Provincial and Local Government.

The administration of the Act was transferred to the Minister of Cooperative Governance and Traditional Affairs by President Jacob Zuma on 22 June 2009.

The respective proclamations are attached.

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:

(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:

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:

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:

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:

• 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:

There were people that were declared undesirable during this period. The system automatically declares an over stayer undesirable and in this instance, the manager was supposed to override the system and ensure that nobody is declared undesirable. This was an oversight which was corrected and those that were identified by the department as affected by this, have been cleared. There are others that may have been unnoticed during this exercise. They are in contact with the department and are being assisted on a case-by-case basis to remove their undesirability status on the movement control system.

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:

As I indicated in my reply to Question 419, I have not been provided with any grounds for the allegation that a certain person was taken on international trips without following standard procedure and regulations.

And as I said in my reply, if the Honourable Member or any other person has evidence of a violation of the relevant prescripts, they are requested to make such information available.

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. (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:

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:

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:

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:

Ga-Mohlala is a village with a population of five thousand eight hundred and twenty five (5825) and one thousand three hundred and fifty four (1354) households. The village water supply depends on eight boreholes; with five boreholes which are part of a project that was implemented in 2016 as part of the Municipal Infrastructure Grant (MIG) intervention which unfortunately was not successful. There are also three hand pumps which are not functional. Two of the hand pumps were vandalized and need to be re-drilled whilst one can be fixed.

The municipality met with the complainants on 06 May 2020 for a site inspection as part of finding a solution to the ongoing water challenges. It was agreed that the municipality will send a maintenance team to fix the hand pump that was not vandalized, as part of the short term intervention.

As part of the medium-term solution, the municipality will further intervene and refurbish the five boreholes which were part of the previous unsuccessful project so as to ensure there is water for the people of Ga-Mohlala.

The Department of Water and Sanitation has also provided 5 water tanks (2 x 10000 and 3 x 5250 litres) and 1 tanker to the Makhuduthamaga Local Municipality as part of its COVID-19 interventions to ensure access to clean water.

Reply:

(a)(i) The form submitted is part of Collective Agreement 1 of 2020 as attached.

(ii) Once the educator submits the application form and the accompanying documentation, his/her Supervisor assesses the application. Once the Supervisor is satisfied that the educator qualifies to be granted a concession, conditions of the concession are discussed and an agreement  is reached and recorded in the form. If there is no agreement, the grievance procedure in Chapter G of the Personnel Administrative Measure (PAM) document will be activated.

Reply:

1. The Integrated Programme of Action on Violence Against Women and Children (POA: VAWC) was approved by Cabinet and published on 18 September 2013.

2. The 2013-2018 Programme of Action on Violence Against Women and Children was reviewed by the Department of Monitoring and Evaluation in 2016 through a diagnostic review.

3. The Draft reviewed Programme of Action on Violence Against Women and Children is attached.

Reply:

According to the Children’s Act 38 of 2005; Section 151 and 152, as well as Regulation 53 (1)(a)(b) gives the authority to the designated social worker or a police official to make a decision that is in the best interest of a child to effect removal of a child and places such a child in temporary safe care for the safety and well-being of the child. Such removal can either be by means of:

• A court order (Section 151) where there is evidence given by a designated Social Worker that a child is in need of care and protection. Upon presentation of such evidence before the presiding officer; the presiding officer issues an order authoring a designated Social Worker to remove a child toa temporary safe care while the matter is being investigated.

• Without a court order, which is an emergency removal situation through Section 152 and completion of Form 36 as prescribed in Regulation 53. Emergency removal is done in instances where there are reasonable grounds that the child is in need of care and protection and delays obtaining a court order for the removal and placing the child in temporary safe care may jeopardise the child’s safety and well-being.

The completed Form 36 must be submitted to the temporary safe care person or CYCC as soon as it is practical. The clerk of the children’s court must be informed about such a removal not later than the next court day.

Province	Year	Number of children taken away from their parents
Mpumalanga		Without a court order	With a court order
	2016/2017	27	68
	2017/2018	21	95
	2018/2019	46	88
Free State	Year	Without a court order	With a court order
	2016/17	402	24
	2017/18	432	48
	2018/19	296	70
Limpopo	Year	Without a court order	With a court order
	2016/17	0	245
	2017/18	0	243
	2018/19	0	258
North West	Year	Without a court order	With a court order
	2016/17	0	46
	2017/18	0	51
	2018/19	0	66
Gauteng	Year	Without a court order	With a court order
	2016/17	25	836
	2017/18	16	788
	2018/19	26	953
Western Cape	Year	Without a court order	With a court order
	2016/17	New indicator	1 883
	2017/18	4 694	1 793
	2018/19	8 266	1 949
Eastern Cape	Year	Without a court order	With a court order
	2016/17	0	849
	2017/18	0	653
	2018/19	37	517
Kwa-Zulu Natal	Year	Without a court order	With a court order
	2016/17	112	462
	2017/18	121	658
	2018/19	97	681
Total (eight provinces)		14,619	13,324

Northern Cape:

It is impossible to provide disaggregated data on the removal of children with or without court orders in the Northern Cape. It can be confirmed that the following number of children were removed in accordance with Section 151 and 152 of the Children’s Act, 38 of 2005.

Northern Cape	Year	Number of children removed with and without court orders
	2016/17	134
	2017/18	176
	2018/19	93
Total		403

Reply:

Around 2002 the vision for a Single Public Service was conceived and since then work has been done towards the realisation thereof. The objective of this Single Public Service (now referred to as the Single Public Administration) was underpinned by the need to improve service delivery through harmonisation of norms and standards to align human resource, Governance, Information Communication Technology and related arrangements in all three spheres of government i.e national, provincial and local government, taking into account the constitutional imperatives. To this extent the Public Administration Management Act, 2014 was enacted which, to a limited extent, addressed some of the objectives of the Single Public Administration such as-

A) The mobility of staff between the spheres of government- sections 5 and 6 of the Public Administration Management Act make transfers and secondments across spheres of government possible;

b) The provision of service centres to provide services of the 3 spheres of government at one place is provide for in section 18 of the Public Administration Management Act;

c) The creation of a common ethos and culture of public service- principles of section 195 of the Constitution is recognised in section 4 of the Public Administration Management Act;

d) The provision for an anti-corruption strategy and standards of conduct- provided for in section 15 of the Public Administration Management Act;

e) Ensuring the creation of norms and standards for e-government governance, information and communication technology throughout the public administration- section 14 of the Public Administration Management Act; and

f) Providing for the professionalisation of the public administration through training and development- Chapter 4 of the Public Administration Management Act.

We are currently focused on the full implementation of the Public Administration Management Act, which includes promulgation of relevant regulations and may include amendments to address areas where there have been challenges experienced in its implementation or where new policy is required to be introduced. Once the work required to be done to inform such an amendment is completed, we will be better placed to indicate the details thereof.

Reply:

Having a bank account is not a requirement for an application for the special relief grant. Where an applicant does have a bank account, the benefit, if approved, will be paid directly into his / her bank account.

However, where the applicant does not have a bank account, he /she will receive a money transfer through one of the banks which are supporting SASSA with the implementation of this grant. The applicant will indicate which the most convenient bank is for him / her and the money transfer will be sent to his/her mobile phone, once the necessary checks have been done to ensure that it is indeed a mobile phone belonging to that applicant. The money transfer may then be cashed at the ATM and the funds used as required.

Reply:

SANRAL uses the Loan Supportable by Revenue (LSR) model to determine the viability of a toll scheme to support all its financial obligations through the projected revenue over the lifecycle of the toll scheme.It is a natural cycle for toll schemes to begin with negative cashflows in the initial years due to the impact of the initial capital outlay for construction works. The cashflows improve over the life cycle following a J-Curve pattern to the point of break even and subsequent positive cashflows.

(a) SANRAL currently has the following toll roads:

1. N1 Huguenot
2. N1 South
3. N1 North
4. N2 Tsitsikamma
5. N2 South Coast
6. N2 North Coast
7. N3 Mariann Hill
8. N4 Magalies
9. N17 Johannesburg
10. N17 Ermelo
11. GFIP (eToll)

(b) (i) (aa) the following toll roads are self-funding

1. N1 Huguenot
2. N1 South
3. N1 North
4. N2 Tsitsikamma
5. N2 South Coast
6. N2 North Coast
7. N3 Mariann Hill
8. N4 Magalies
9. N17 Johannesburg
10. N17 Ermelo

(b) (i) (bb) the following toll roads have shortfalls

1. GFIP (eToll)

(b) (ii) (aa) the shortfalls have increased by following amount over the past three years

1. GFIP (eToll) had operating cost shortfall of R263 million.

(c) (ii) (bb) not applicable

Reply:

What total amount has her department spent on (a) catering, (b) entertainment and (c) gifts (i) in the (aa) 2018-19 and (bb) 2019-20 financial years and (ii) since 1 April 2020?      Response:

	2018/19 R'000	2019/20 R'000	2020/21
Catering	25 745	22 686	795
Entertainment-	25	152	-
Gifts-	-	-	-

                                                                                                                        

Reply:

Directions issued in terms of Regulations 10(7) of the Directions made in under Section 27(2) of the Disaster Management Act,2002(Act No.57 of 2002. Measures to address prevent and combat the spread of Covid-19 in the Sea Ports, the Minister of Transport Hon FA Mbalula approved the

directions on how the Commercial Ports of South Africa would operate during the lock down and

The purpose of the Directions were to:

(a) The prohibition of the cruise ships calling at any of the seaports(expect the cruise ships that were already on the radar of Marine Security Coordination Centre-MSCC) and those that were solely calling to take bunkers and consumables and lastly the cruise ships that were coming disembark South Africans)

(b) To improve hygiene control sterilization facilities on ships, port facilities operated by licensed operators, off-shore cargo handling facilities, ship repair facilities, provider the port services, port terminal operators and licensed port operations

(c) Implementation of a tracking, tracing and monitoring system at sea ports and reporting.

During the lock down all commercial ports remained opened for commercial purposes and only two ports that remained closed for the purposes of disembarkation of South Africans and crew change and those two ports were Port of Mossell Bay and Port Saldanha. All goods on board the ships were discharged in an in-discriminatory manner for both essentially and non-essential goods. Once the goods were on the port terminals they would then be sorted in terms of essential would stacked at the Customs approved warehouse and shipping line’s warehouses in order to make way for the essential goods.

(2) There were no commercial ships that were denied entry into the commercial ports of South Africa except for the crew change and even the cruise ships were allowed to call in for bunkering services and disembarkation of South Africa that were returning home. The imports and exports remained opened during the hard lock down and goods as such were allowed to be discharged at the ports of discharged throughout the country.

(3) The above response answers the question adequately and a member statement in this regard is not deemed necessary

Reply:

(1) The decision to go on a school break was taken by the Cabinet. The decision was announced by the President. In the Basic Education Sector there were extensive consultations with more than 60 organisations. The process was initiated after a sudden spike in the rate of infections in communities. This resulted in fear and anxiety among parents, teachers and learners. 

(2) Stakeholders made their inputs during our consultation; including stakeholders in the independent schooling sector, also made their inputs and spelt out the implications for the closure of schools.  They indicated that their schools were not covered in the relief funds, and that some of their schools had closed down permanently due to the dire financial situation; and learners had been displaced and teachers lost jobs.  It was therefore, determined as not serving the best interest of anybody to ask private schools to go on a break.  Independent schools use a trimester system; whereas public schools use quarterly terms.  Their schools are also following the Standard Operating Procedures (SOPs) and have submitted their records of compliance to all health and safety protocols as well as social distancing to the district offices before being approved to reopen.

Reply:

The parents of Learners with comorbidities have been advised to report their children to their schools or districts for documentation. The school then follows guidelines to support learners with comorbidities. This included preparing studying materials to guide learners for self-study. Parents collect these materials on behalf of learners on dates determined by the school. Parents then submit work done by learners back to school for marking. In addition to the print materials provided, Lessons are broadcast through SABC, DSTV and well as OVHD Broadcast Platforms and Radio Stations across the countries to provide lessons remotely to learners.

Reply:

During the period of the lockdown, both at Risk Alert Levels 3, 4 and 5, courts dealt with a minimal number of trials. Most cases were postponed in order to limit the number of people going to courts and thereby risking the spread of the virus. Such postponements led to further increases in the already existing criminal case backlogs.

A case backlog is a case which has remained open on the roll:

(a) in case of a district court case, for a period in excess of six (6) months or more; and

(b) in case of a regional court, a case which has been on the roll for nine (9) months or more.

The statistics for backlog cases as verified with the NPA for both (a) and (b) above, are as follows:

DISTRICT COURTS		District Courts		REGIONAL COURTS		Regional Courts
EASTERN CAPE		6 796		EASTERN CAPE		2 148
FREE STATE		1 715		FREE STATE		1 086
GAUTENG		6 451		GAUTENG		6 339
KZN		4 815		KZN		3 205
LIMPOPO		3 216		LIMPOPO		1 404
MPUMALANGA		2 876		MPUMALANGA		1 816
NORTH WEST		2 081		NORTH WEST		1 800
NORTHERN CAPE		1 083		NORTHERN CAPE		685
WESTERN CAPE		10 733		WESTERN CAPE		3 912
TOTAL BACKLOG CASES		39 766		TOTAL BACKLOG CASES		22 395

There are continuous engagements between the Department and Regional Court Presidents as well as Chief Magistrates to develop mechanisms to address the escalating backlogs. The engagement has led to the establishment of the Integrated Case-Backlog Plan through which cases are being arranged for trial in terms of their priority.

It is however difficult to effectively implement the plan at this particular time due to the spikes in COVID-19 infections, which in turn lead to constant closure of courts due to positive cases of infections being confirmed randomly. The implementation of the plan will become more effective once the country has reached its peak and subsequent decline in the infection number.

Reply:

(1) As at the end of June 2020, there were 21 066 permanently appointed principals of public schools in the basic education sector.

(2) (3) In terms of section 3(1)(b) of the Employment of Educators Act, 76 of 1998, the Head of the Provincial Education Department is the employer of all educators employed at the provincial level, and therefore the requested information on (2) and (3) is kept by the Provincial Education Departments.

Reply:

(a) The Cape Flats line from Cape Town to Retreat has been severely vandalized during lockdown alert level 5. The signalling system between Ndabeni and Pinelands has been stolen and causes an extended area of Manual Authorisation increasing the risk of operations.

(b) The Cape Flats and Northern Corridor services between Cape Town – Bellville is planned for resumption on the 17 August 2020. By the end of August, the Northern Corridorservices will be extended to Eerste River. The service from Eerste River – Strand and Eerste River – Muldersvlei is planned for resumption on 1 September 2020.

Reply:

Department of Basic Education (DBE) has received responses from six (6) Provincial Education Departments (PEDs). Gauteng PED reported that there is no expenditure at the moment reported against the COVID 19 fund as provided by National Treasury and still investigating if expenditure has been incorrectly captured on the system based on the work already done. DBE will make follow-up with three (3) PEDs, namely, Eastern Cape, Northern Cape and North West.

Reply:

(a) All cases referred to the National Prosecuting Authority (NPA) are screened and if a reasonable prospect of success is determined by the screening prosecutor, the case is enrolled and registered on the Integrated Case Management System. The total number of first appearance cases relating to the contravention of regulations in terms of the Disaster Management Act and registered during the period 26 March 2020 to 30 June 2020 is indicated in the table below:

ALERT LEVEL	CASES	ACCUSED
L5 (26 March - 30 April)	12 768	27 947
L4 (May)	8 487	14 275
L3 (June)	2 837	4 590
TOTAL	24 092	46 812
Data extracted from the integrated case management system

(b) (i) The number of convicted cases per Alert Level is indicated in the table below:

ALERT LEVEL	CASES CONVICTED	ACCUSED
L5 (26 Mar - 30 Apr)	910	1 567
L4 (May)	591	899
L3 (Jun)	71	96
TOTAL	1 572	2 562
Data extracted from the integrated case management system

(ii) A breakdown of the total of 1 572 convicted cases per contravention and per Alert

Level, is tabulated below. The majority of convicted cases relate to the failure to confine to residence during the lockdown period:

ALERT LEVEL AND CONTRAVENTION	CASES	ACCUSED
Level 3 (June)	71	96
Convening a gathering or hindering, interfering with, or obstructing an enforcement officer in the exercise of his or her powers, or the performance of his or her duties for the duration of the national state of disaster in Alert Level 4	1	1
Disclosing any information contained in the COVID-19 Tracing Database or any information obtained during the duration of the national state of disaster without authority	1	1
Failure by any business or other entity other than a business or entity involved in the manufacturing, supply, or provision of an essential good or service to cease operations during the lockdown	1	1
Failure to be confined to one's place of residence for the duration of the national state of disaster in Alert Level 4	5	11
Failure to be confined to one's place of residence from 20H00 until 05H00 daily for the duration of the national state of disaster in Alert Level 4, other as permitted by law	10	10
Failure to comply with a prohibition of movement between provinces during the period of the lockdown	4	6
Failure to confine oneself to his or her place of residence during the period of the lockdown	27	36
Failure to keep closed a listed place or premises normally open to the public or where people may gather for the duration of the national state of disaster in Alert Level 4	1	1
Moving between provinces, metropolitan areas and districts of the national state of disaster in Alert Level 4, other than as provided for in law	6	14
Operating a commuter transport services, passenger rail services, bus services, taxi services, e-hailing services, maritime and air passenger transport contrary to Disaster Management Regulations	5	5
Operating a retail store or shopping mall during the lockdown period other than for selling essential goods and/or failure to comply with prescribed safety measures	2	2
Selling of tobacco, tobacco products, e- cigarettes and related products for the duration of the national state of disaster in Alert Level 4	5	5
Selling tobacco, tobacco products, e-cigarettes and related products, other than for export during the duration of the national state of disaster under Alert Level 3	2	2
Selling, dispensing and distribution of liquor during the duration of the national state of disaster in Alert Level 4	1	1
Level 4 (May)	591	899
Convene and/or attend a gathering as defined during the period of lockdown	7	7
Convening a gathering in contravention of the Disaster Management Act Regulations	15	57
Convening a gathering or hindering, interfering with, or obstructing an enforcement officer in the exercise of his or her powers, or the performance of his or her duties for the duration of the national state of disaster in Alert Level 4	5	5
Failure by a place not involved in the provision of essential goods or service to remain closed to all persons during the duration of the lockdown	6	6
Failure by an electronic communications service provider to comply with a directive by the Director-General: Health to provide information for inclusion in the COVID-19 Tracing Database	1	1
Failure by any business or other entity other than a business or entity involved in the manufacturing, supply, or provision of an essential good or service to cease operations during the lockdown	7	7
Failure to be confined to one's place of residence for the duration of the national state of disaster in Alert Level 4	92	124
Failure to be confined to one's place of residence from 20H00 until 05H00 daily for the duration of the national state of disaster in Alert Level 4, other as permitted by law	27	33
Failure to comply with a prohibition of movement between provinces during the period of the lockdown	29	43
Failure to comply with a prohibition of movement between the metropolitan and district areas during the period of the lockdown	19	23
Failure to confine oneself to his or her place of residence during the period of the lockdown	323	527
Failure to keep closed a listed place or premises normally open to the public or where people may gather for the duration of the national state of disaster in Alert Level 4	3	3
Issuing of special or events liquor licensing during the duration of the national state of disaster	1	3
Leaving one's place of residence during the duration of the national state of disaster in Alert Level 4 other than as permitted by law	11	11
Misrepresenting that one is or any other person is infected with COVID -19	1	1
Moving between provinces, metropolitan areas and districts of the national state of disaster in Alert Level 4, other than as provided for in law	9	9
Natural Persons: Failure to comply with request made by National Disaster Management Centre / Provincial Disaster Management Centre / Municipal Disaster Management Centre	1	1
Operating a commuter transport services, passenger rail services, bus services, taxi services, e-hailing services, maritime and air passenger transport contrary to Disaster Management Regulations	3	5
Operating a retail store or shopping mall during the lockdown period other than for selling essential goods and/or failure to comply with prescribed safety measures	10	10
Selling of tobacco, tobacco products, e- cigarettes and related products for the duration of the national state of disaster in Alert Level 4	15	16
Selling other goods by a retail store that are not permitted to be sold in terms of the Table 1 duration of the national state of disaster in Alert Level 4	1	1
Selling, dispensing and distribution of liquor during the duration of the national state of disaster in Alert Level 4	2	3
Transporting liquor during the duration of the national state of disaster in Alert Level 4 other than where alcohol is required for an authorised purpose	3	3
Level 5 (26 March - 30 April)	910	1 567
Convene and/or attend a gathering as defined during the period of lockdown	12	13
Convening a gathering in contravention of the Disaster Management Act Regulations	52	234
Corporation(s)/Firm(s) : Failure to comply with request made by National Disaster Management Centre / Provincial Disaster Management Centre / Municipal Disaster Management Centre	1	1
Evicting a person(s) from his/her/their formal or informal residence or a farm dwelling place of residence during the lockdown period	1	1
Failure by a place not involved in the provision of essential goods or service to remain closed to all persons during the duration of the lockdown	11	11
Failure by an electronic communications service provider to comply with a directive by the Director-General: Health to provide information for inclusion in the COVID-19 Tracing Database	3	3
Failure by any business or other entity other than a business or entity involved in the	19	22
manufacturing, supply, or provision of an essential good or service to cease operations during the lockdown
Failure by premises selling liquor which provide accommodation to implement measures to stop the spread of COVID-19	1	1
Failure to be confined to one's place of residence for the duration of the national state of disaster in Alert Level 4	2	2
Failure to close a place or premises normally open to the public where religious, cultural, sporting, entertainment. recreational, exhibitional, organisational or similar activities may take place, during the duration of the national state of disaster in	2	2
Failure to comply with a prohibition of movement between provinces during the period of the lockdown	11	11
Failure to comply with a prohibition of movement between the metropolitan and district areas during the period of the lockdown	8	10
Failure to confine oneself to his or her place of residence during the period of the lockdown	750	1 215
Misrepresentation of own or any persons infected status with COVID-19	1	1
Natural Persons: Failure to comply with request made by National Disaster Management Centre / Provincial Disaster Management Centre / Municipal Disaster Management Centre	3	3
Operating a commuter transport services, passenger rail services, bus services, taxi services, e-hailing services, maritime and air passenger transport contrary to Disaster Management Regulations	5	5
Operating a retail store or shopping mall during the lockdown period other than for selling essential goods and/or failure to comply with prescribed safety measures	27	31
Permitting more than 50 persons at premises where liquor is sold and consumed in contravention of the Disaster Management Act Regulations	1	1

(iii) The courts imposed the following sentences in the 1 572 convicted cases:

Alert Level and Sentence	Total Cases
Level 3 (June)	71
Cautioned	7
Court Fine	36
Deferred Fine	7
Fine Option	14
Imprisonment	3
Suspended Wholly	4
Level 4 (May)	591
Cautioned	58
Correctional Supervision	1
Court Fine	94
Deferred Fine	92
Diversion	1
Fine Option	202
Imprisonment	24
Sentence Postponed	3
Suspended Partially	3
Suspended Wholly	113
Level 5 (26 March - 30 April)	910
Cautioned	118
Community Service	1
Court Fine	141
Deferred Fine	91
Diversion	1
Fine Option	319
Habitual Criminal	1
Imprisonment	61
Suspended Partially	9
Suspended Wholly	168
Total	1 572

END

Reply:

No. The MEC of the North West Education Department has not informed me.

No. I will not engage her as there is no need to do so. The procurement of COVID19 essentials has been done by respective Provincial Education Departments (PEDs), so is the distribution of such to schools and learners. Therefore, this matter does not fall within the work of the Department of Basic Education (DBE) and as such; such information should be requested from the Member of the Executive Council (MEC) in the  North West Education Department. 

Reply:

Special Remission refers to a reduction of the sentences of incarcerated offenders, probationers and parolees with a period as determined by the President. On
16 December 2019 the President of the Republic, Mr M.C Ramaphosa announced the reduction of sentence for all sentenced offenders including probationers and parolees by 12 months. An additional 06 months special remission was granted for categories with non-violent crimes.

The special parole dispensation due to COVID-19 means that the selected low risk offenders’ minimum detention periods were advanced for consideration for placement.

(a) None. The 14 647 inmates referred to are those whose sentences (due to the remission), expired resulting in them exiting the correctional services system.

(b) Due to long sentences imposed by the courts, a total of 9 617 offenders benefitted from the 2019 Special Remission and they did not qualify for release and placement on parole. However, the 2020 COVID-19 Special Parole Dispensation has advanced their dates for consideration of parole placement.

As indicated, only low-risk offenders who meet all the requirements and conditions for placement on parole, will be placed on parole. The requirement that only offenders who have undergone relevant rehabilitation programmes aimed at addressing their offending behaviour would qualify for placement as this would minimise the risk of re-offending.

Every qualifying sentenced offender’s profile will be assessed and considered individually by the Parole Boards before they make their recommendations for placement on parole. This will include affording victims the opportunity to make representations why an offender should not be placed on parole. All relevant factors will be taken into consideration during this process, which will include any prior convictions for violent offences committed.

END

Reply:

Questions 1 and 2

According to information received from National Treasury the salary adjustments granted to members at the various salary levels of the Senior Management Service (SMS), in real and nominal terms, between the 2009/10 and 2019/20 financial years, are reflected in the table below. No final decision on salary adjustments for the SMS for the 2020/21 financial year has been taken yet.

	2009/10	2010/11	2011/12	2012/13	2013/14	2014/15	2015/16	2016/17	2017/18	2018/19	2019/20	Total
Consumer Price Index	6,5%	3,8%	5,5%	5,5%	5,8%	5,6%	5,2%	6,3%	4,7%	4,6%	4,2%	57,7%
Cost of living adjustment (COLA)	Nominal salary growth (COLA)
Salary Level 13	10,5%	6,0%	5,0%	5,0%	5,6%	6,2%	5,5%	4,0%	5,5%	6,0%	5,2%	64,5%
Salary Level 14	10,5%	6,0%	5,0%	5,0%	5,6%	5,7%	5,5%	2,5%	5,5%	5,5%	5,2%	62,0%
Salary Level 15	10,5%	6,0%	5,0%	5,0%	5,6%	5,7%	5,5%	2,5%	5,5%	5,5%	5,2%	62,0%
Salary Level 16	10,5%	6,0%	5,0%	5,0%	5,6%	5,7%	5,5%	2,0%	5,5%	5,5%	5,2%	61,5%
	Real salary growth
Salary Level 13	3,8%	2,1%	-0,5%	-0,5%	-0,2%	0,6%	0,3%	-2,2%	0,8%	1,3%	1,0%	6,5%
Salary Level 14	3,8%	2,1%	-0,5%	-0,5%	-0,2%	0,1%	0,3%	-3,6%	0,8%	0,9%	1,0%	4,1%
Salary Level 15	3,8%	2,1%	-0,5%	-0,5%	-0,2%	0,1%	0,3%	-3,6%	0,8%	0,9%	1,0%	4.1%
Salary Level 16	3,8%	2,1%	-0,5%	-0,5%	-0,2%	0,1%	0,3%	-4,0%	0,8%	0,9%	1,0%	3,7%

Question 3

The number of Senior Management Service employees in the Public Service as on 30 June 2020, per salary level, is reflected in the following table:

Salary level	Number
13	6 805
14	2 173
15	503
16	126
Total	9 607

Data source: PERSAL

Excluding Defence and State Security Agency

Excluding resignations up to 30 June 2020

Reply:

(1) Yes.

(1)(a)(i) The mentioned official was suspended on 16 August 2019 for unrelated misconduct and re-instated on instruction of the Minister after PSC recommendation in November 2019. The mentioned official was again suspended on 02 December 2019.

(1)(a)(ii) The official was suspended due to him being implicated in investigations conducted by the Special Investigations Unit (SIU) under Proclamation10of2018. The Department received multiple disciplinary referrals from the SIU with regards to the official.

(1)(b) The cost to the State in terms of remuneration since the person was suspended is R528367.50

(2) Yes

(2)(a) MrJ.G Smalberger is the name of the official appointed to act in this capacity.

(2)(b) The cost of the post to the Statefrom01November2019todateisR1 014 393.92

(2)(c) The specified official has been employed in the specified post on contract basis since 01 November 2019.

(3) Yes, however due to the fact that the official is implicated in multiple disciplinary referrals the date of conclusion cannot be determined at this stage.

Reply:

The Department of Justice and Constitutional Development and the National Prosecuting Authority, define backlog cases as cases being in the backlog based age analysis of the court roll. For the district courts, cases that are older than six months will be regarded as being in the backlog, while for the regional courts, cases which are older than nine months will be regarded as being in the backlog.

At the end of March 2020, a total of 194 225 cases were carried forward to the next financial year that commenced in April 2020. In addition to the cases carried forward, a total of 70 667 cases were enrolled during the lockdown period in April and May 2020, the majority of which were postponed to a date after the lockdown period.

The disruption in the optimal use of courts resulted in an increase in the number of outstanding cases in the lower courts. At the end of May 2020, compared to the outstanding roll and backlog cases at the end of March 2020, the outstanding case-loads in (a) Regional Courts, increased by 1%, and (b) in District Courts, by 18%.

A similar increase was noted in the backlog of cases. At the end of May 2020, the backlog of cases in (a) the Regional Courts, increased by 14%, and (b) in the district courts, by 63%.

END

Reply:

(1) (a) Which unions are conducting training of teachers on behalf of her department?

The DBE in collaboration with five teacher unions to provide teacher training namely:

1.  National Teacher Union (NATU)
2. National Professional Teacher Organization of South Africa (NAPTOSA)
3. Professional Educators’ Union (PEU)
4. South African Democratic Teachers’ Union (SADTU)
5. SuidAfrikaanseOnderwysersUnie (SAOU)

(b) What are the details of the training with which each union have been tasked?

The training agenda for each financial year is determined on yearly basis through processes detailed in the Teacher Union Collaboration (TUC) memorandum of agreement (MOA). For example in 2018/19 it was NCS support in Accounting, Foundation Phase Mathemathics. In 2019/20 it was Primary School Reading Improvement Programme

 (c) Who are the target trainees?

The target depends on the agreed programme or intervention designed to support poor performing districts or PEDs for example

In 2018/19 – NSC Accounting support- the target was the grade 10 to 12 teachers

In 2018/19- Foundation Phase Mathematics- the target was the Foundation Phase teachers

In 2019/20- Primary School Reading Improvement Programme (PSRIP) - the target was Foundation and Intermediate Phase teachers (EC, KZN and LP)

(2)       What are the details of the payments that were made to each union involved in training?

(i) In the past six financial years

Teacher Unions are allocated funding with particular target of teachers to be trained. They only claim against their allocation only if they produce invoices with accompanying attendance registers.

2019/20

PARTIES	ALLOCATION	SPENDING
NATU	2,000,000.00	1,999,500.00
NAPTOSA	2,000,000.00	1,999,500.00
PEU	2,000,000.00	1,906 500.00
SADTU	5,400,000.00	5,499,000.00
SAOU	2,000,000.00	1,995,000.00
DBE	1,600,000.00	1 613 694.38
TOTAL	15,000,000.00	R 15,013,194.38

 

2018/19

PARTIES	ALLOCATION	SPENDING
NATU	R1 000 000.00	R981 000.00
NAPTOSA	R1 000 000.00	R633 750.00
PEU	R1 000 000.00	R999 000.00
SADTU	R4 000 000.00	R3 946 500.00
SAOU	R1 000 000.00	R946 621.00
TOTAL	R9 000 000.00	R7 506 871.00

 

EU

2017/18

PARTIES	ALLOCATION	SPENDING
NATU	R1 100 000.00	R1 278 450.00
NAPTOSA	R910 000.00	R817 500.00
PEU	R780 000.00	R748 800.00
SADTU	R3 900 000.00	R3 822 000.00
SAOU	R1 100 000.00	R1 098 500.00
TOTAL	R7 790 000.00	R7 765 250.00

 

Voted

2017/18

PARTIES	ALLOCATION	SPENDING
NATU	R3 240 000.00	R2 827 500.00
NAPTOSA	R2 928 000.00	R2 509 500.00
PEU	R2 499 000.00	R2 499 000.00
SADTU	R12 820 500.00	R8 991 000.00
SAOU	R3 249 000.00	R2 247 000.00
TOTAL	R24 736 500.00	R19 073 500.00

 

2016/17

PARTIES	ALLOCATION	SPENDING
NATU	R6 000 000.00	R1 278 450.00
NAPTOSA	R5 000 000.00	R3 338 800.00
PEU	R2 970 000.00	R1 815 000.00
SADTU	R18 000 000.00	R12 805 415.77
SAOU	R6 000 000.00	R3 753 600.00
TOTAL	R37 970 000.00	R23 001 265.77

 

2015/16

PARTIES	ALLOCATION	SPENDING
NAPTOSA	R5 000 000.00	R4 614 500.00
NATU	R6 000 000.00	R5 718 300.00
SADTU	R18 000 000.00	R12 640 101.51
SAOU	R6 000 000.00	R3 376 800.00
PEU	R2 970 000.00	R2 140 000.00
TOTAL	53 197 000.  00	28 489 701

 

2014/15

No funding was availed

(i) No payment has been made to teacher unions during this period

 (ii) earmarked for each union for the 2020-21 financial year;

No funding was earmarked for 2020-21 as normally funding is requested during the budget adjustment process in the second quarter

(3)       Whether any quality assurance with regards to the training is conducted; if not, why not; if so,

The following stakeholders conduct monitoring visits to support training sessions and compile reports and recommendations:

1. DBE design the monitoring instrument, conduct monitoring visits, draft monitoring reports, provide feedback during scheduled Programme Operational Committee meetings (POC) and compile a comprehensive annual report.

 2. Provincial Departments of Education (PED`s) conduct their own monitoring

3. SACE also deploy officials to monitor training sessions

4. All teacher union officials do monitoring of training and marked scrips of pre and post- test, and compile reports

(b) What are the relevant details?

The DBE conducts monitoring visits using agreed monitoring tool with details about training logistics, training content and the facilitation. Once DBE gets to the venue they administer the monitoring instrument and compile a monitoring report. From the reports from DBE monitors, teacher union reports a comprehensive TUC implementation report is compiled.

The report is approved by the Director-General and shared to stakeholders. During implementation DBE monitors provide necessary feedback to teacher unions to improve their future training sessions

In a schedule meeting by DBE, feedback are provided to all stakeholders and inputs, suggestions and recommendations are used to improve follow up training session if and when funding is available

(4)       Whether all unions conducting training have been accredited as training providers by the SA Council for Educators; if not, what is the position in this regard; if so, what is the scope and conditions of the accreditation for each union?   

Yes NATU, NAPTOSA, SADTU, SAOU have Professional Development Institutes (PDIs) which are approved as training providers by the SACE and each training programme is submitted  to SACE for endorsement.   The endorsement process is detailed in the SACE CPTD management system.  PEU does not have a PDI, but is also registered with SACE as a training service provider.                                             

Reply:

The table below reflects:

a) all retail and commercial opportunities currently available at stations and;

b) the total rental per year for these opportunities.

The data excludes rental on other categories such as bus billing, residential and properties not situated on a station.

Number of retail/commercial activities at PRASA stations	Rental Generated per period
	Financial Year 2017/2018	Financial Year 2018/2019	Financial Year 2019/2020
493	R124,146,942-07	R133,491,335-56	R143,539,070-50

Reply:

(1) The NPA, in line with the modernization approach enunciated by the Minister of Justice and Correctional Services, monitored the enrolment of all Covid-19 cases from the integrated electronic case management dataset. During the lockdown period up to 9 June 2020 (date of response), the courts dealt with 18 355 first appearance cases related to Covid-19 contraventions, with 39 089 accused.

(2)(a) A total of 776 cases were withdrawn during the said period, which represents 4% of the total first appearance cases.

(2)(b) A total of 12 354 (67.3%) cases are still open and postponed for future date. Further investigation is directed by the prosecutors to ensure that the case may be finalised on the next court appearance date.

3(a) A total of 18 355 first appearance cases were enrolled. The integrated system only includes cases enrolled. Cases referred for decision are not yet electronically recorded but this model is being developed. The data relating to decision dockets is therefore not yet available from the said integrated system.

However, during the Lockdown Alert Level 5 period (27 March 2020 – 30 April 2020), a manual collation process of information pertaining to Covid-19 contraventions indicated that almost 25% of first appearance cases were not enrolled, due to insufficient evidence. These dockets were referred for decision and further investigation, where applicable.

3(b) The majority of Covid-19 related cases (99%) were enrolled in the district courts and only one percent was directly enrolled in the regional courts.

Reply:

1. (a) SANRAL has one outstanding loan agreement in two tranches, outstanding amount R997 431 786.61 as at 30 June 2020. This is an amortising loan.

(b) Tranche 1 due date: 15 June 2034, Tranche 2 due date 15 March 2034

(c) The loan was concluded with the European Investment Bank (EIB)

(d) (i) Tranche 1 loan amount: R572 784 000.00, (ii) rate: 8.315%, drawdown date: 13 December 2010.

(i) Tranche 2 loan amount: R573 918 000.00, (ii) rate: 9.277%, drawdown date: 28 March 2011.

2. (a) SANRAL operates and finances a Portfolio of Toll Roads and does not fund these roads on a project basis. The Gauteng Freeway Improvement Project (GFIP) is part of this portfolio.

(b) The unaudited total borrowing as at 31 March 2020 is R47 755.2 million (2019: R47 451.7 million). For further details, Note 15 and 16 of the Annual Financial Statements as included in the Integrated Report provide a detail list of all bonds and loans, with interest rates and dates of maturity.

Reply:

a) 2017-2018 financial year

(i) allocated, (ii) transferred and (iii) spent

Municipality	ALLOCATION 2017/18	TOTAL TRANSFERS 2017/18	EXPENDITURE JUL72017 – JUNE 2018
	R'000	R'000	R’000
Buffalo City	55,869	55,868	45,597
Cape Town	999,524	999,524	786,680
Jo'burg	918,187	918,187	602,945
Tshwane	900,239	900,239	884,890
George	210,362	210,362	133,486
eThekwini	917,150	917,150	607,886
Mangaung	231,637	231,637	84,025
Rustenburg	314,156	314,156	299,792
Ekurhuleni	700,718	700,718	372,643
Mbombela	211,673	211,673	114,381
Polokwane	216,734	216,734	163,417
Nelson Mandela Bay	273,297	273,297	193,595
Msunduzi	210,014	157,512*	114,924
Totals	6,159,560	6,107,057	4,404,261

*An amount of R52, 5 million was reallocated, as per the DoRA, from Msunduzi for drought relief within the Western Cape Province.

(b) 2018-2019 financial year

(i) allocated, (ii) transferred and (iii) spent

Municipality	ALLOCATION 2018/19	TOTAL TRANSFERS 2018/19	EXPENDITURE JUL7 2018 – JUNE 2019
	R'000	R'000	R’000
Buffalo City	95,165	95,165	101,427
Cape Town	1,045,522	1,045,522	790,331
Jo'burg	1,112,936	1,066,936*	461,018
Tshwane	808,194	808,194	743,572
George	167,675	167,675	137,378
eThekwini	883,887	825,877*	516,291
Mangaung	234,831	234,831	142,194
Rustenburg	298,212	396,629*	211,084
Ekurhuleni	694,640	604,640*	425,319
Mbombela	203,454	203,454	133,407
Polokwane	205,107	330,107*	214,652
Nelson Mandela Bay	304,942	275,535*	186,127
Msunduzi	199,104	199,104	199,104
Totals	6,253,669	6,253,669	4,261,904

* Polokwane and Rustenburg received in-year adjustments from reductions in Jo’burg, Ekurhuleni,

eThekwini and Nelson Mandela Bay due to unsatisfactory performances, respectively as per the DoRA.

(c) 2019-20 financial year

(i) allocated, (ii) transferred and (iii) spent

Municipality	ALLOCATION 2019/20	TOTAL TRANSFERS 2019/20	EXPENDITURE JULY 2019 - JUNE2020
	R'000	R'000	R’000
Buffalo City	234,466	234,466	154,851
Cape Town	1,311,645	1,311,645	847,270
Jo'burg	1,187,518	1,068,766*	383,211
Tshwane	731,751	658,576*	602,919
George	163,499	245,626*	118,578
eThekwini	840,549	765,349*	717,880
Mangaung	229,596	229,596	126,703
Rustenburg	218,911	218,911	84,923
Ekurhuleni	679,153	679,153	627,610
Mbombela	198,919	198,919	159,748
Polokwane	179,433	332,433*	243,485
Nelson Mandela Bay	298,143	199,980**	93,228
Msunduzi	194,665	226,665*	133,975
Totals	6,468,248	6,370,085	4,294,381

* George, Polokwane and Msunduzireceived in-year adjustments from reductions in Jo’burg, Tshwane,

eThekwini due to unsatisfactory performances, respectively as per the DoRA.

**The DoT was instructed by the National Treasury not to transfer the balance amounting to R98, 1 million for Nelson Mandela Bay.

Reply:

I have been informed by the National Prosecuting Authority and the Department of Justice and Constitutional Development, that statistics relating to (a) cases of illegal invasion of land owned by the State which were prosecuted and (b) the number of specified successful prosecutions in each (i) province and (ii) of the past five financial years, are not kept.

Such invasion of State property would normally constitute the civil offence of trespass. Complaints in this regard, would be submitted by Municipalities. There is no record of cases opened by Municipalities against trespassers in this regard.

The usual practice is that Municipalities would initiate civil proceedings and seek a court order for the eviction of unlawful land invaders. These cases would normally be enrolled on the civil case roll in various Magistrates’ Districts.

Some of these civil cases are often also settled out of court with the result that no case is actually registered on the court roll, in such circumstances. It is for this reason that the statistics of these civil cases, are not readily available.

Reply:

The total CRES capital expenditure for the past three (3) years for the identified six (6) stations is summarised in the table below;

Financial Year	Cape Town	Nasrec	Rhodesfield	Moses Mabhida	Pretoria
2017/18	6, 058,386-31	0-00	0-00	0-00	1,057,718-93
2018/19	5,171,807-14	0-00	0-00	0-00	320,560-00
2019/20	17,733,512-93	0-00	0-00	0-00	266,267-50
2020/21	770.700-03	0-00	0-00	0-00	0-00
Total	29,734,406-41	0-00	0-00	0-00	1,644,546-43

Reply:

1. CRES has seven hundred and twenty six (726) employees. Intersite has twelve (12) employees.

2. CRES is a property management division of PRASA established to oversee the entity’s property portfolio, which includes stations, workplace and land. To execute its mandate, CRES provides suitable workplace facilities, manages railway stations and rents its non-commercial space including land to the business community, students and or citizens who have accommodation needs.

Intersite is an asset investment subsidiary of PRASA established to commercialize entity assets (moveable & immovable) through third party agreements.