Questions and Replies

Reply:

1. No. The position taken by the Department of Agriculture, Land Reform and Rural Development was to provide a COVID-19 Support Relief to qualifying Small-holder and Communal farmers. This was a grant process where qualifying farmers would be issued a voucher. The department procured Personal Protective Equipment (PPE) through either a price quotation process or Transversal Contracts in line with National Treasury Instruction Note 08 of 2019/2020 and Instruction Note 05 of 2020/2021: Emergency Procurement in Response to the National State of Disaster.

(a),(b),(c) Falls away.

2. No.

(a),(b) Falls away.

3. Falls away.

4. No.

Reply:

·Provide mobile classrooms

(a) (b)The Department of Basic Education developed the Standard Operating Procedures (SOPs) for the Containment and Management of COVID-19, for childcare facilities, schools and school communities, to guide provinces in responding to COVID-19. These include, measures to enforce social distancing for learners; as well as compliance with good hygiene practices to contain and prevent the spread of COVID-19 virus amongst learners. In order to address social distancing protocols during the phasing-in and full opening of schools, provinces are providing mobile classrooms for additional spaces, as well  as identifying additional spaces like school halls to address any additional needs for space.  In addition, a vriety of options for timetabling are being considered.

Reply:

I was advised by the Department and entities as follows:

(a)& (b) The Department and entities did not sponsor any political parties in the 2018/19 financial year.

1. None
2. None
3. None

(aa) N/A

(bb) N/A

MR J MTHEMBU, MP

ACTING MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

Reply:

1. (a) The National Prosecuting Authority (NPA) does not keep crime statistics specifically for crimes committed by children or crimes against children. The NPA only collate diversion statistics with respect to offences committed by children in line with the Child Justice Act.

(b) The registrars or clerks of the court have submitted 2458 names to the Department of Social Development in terms of section 114 of the Children’s Act, 2005 (Act 38 of 2005) for placement onto Part A of the Child Protection Register (Form 25).

Year	Number of Form 25s submitted
2013/2014	70
2014/2015	330
2015/2016	453
2016/2017	412
2017/2018	424
2018/2019	411
2019/2020 to date	358
Total	2458

The Children’s Act, 2005 came into operation on 1 April 2010 expecting clerks of the court to forward the names of children in terms of section 114 of the Children’s Act, 2005 for placement onto Part A of the Child Protection Register (Form 25) to the Registrar of the National Child Protection Register. The Department of Social Development reported that this section was not fully implemented by the courts. The Department of Justice and Constitutional Development issued Circular 61of 2013 in 2013 to the courts to ensure compliance and to perform quality checks on the information submitted to the Registrar of the National Child Protection Register for placement on the Register. There may be instances where the numbers submitted by the Department of Justice and Constitutional Development to the Registrar differ from the numbers recorded on the Register and this is due to the fact that the Registrar receive information from various sources as provided for in section 114(1)(a) of the Children’s Act, 2005).

(2) The Registrars or clerks of the court have submitted 662 names to the Department of Social Development in terms of section 122 of the Children’s Act, 2005 (Act 38 of 2005) for placement onto Part B of the Child Protection Register (Form 28).

Year	Number of Form 28s submitted
2013/2014	44
2014/2015	69
2015/2016	59
2016/2017	67
2017/2018	145
2018/2019	135
2019/2020 to date	143
Total	662

There may be instances where the numbers submitted by the Department of Justice and Constitutional Development to the Registrar of the National Child Protection differ from the numbers recorded on the Register and this is due to the fact that the Registrar receive information from various sources, such as the South African Council of Educators (SACE) as provided for in section 120(1)(c) of the Children’s Act, 2005).

The Registrar of the National Child Protection Register reported in 2017/18 to the Department of Justice and Constitutional Development that some courts were submitting information on Forms 28 in instances where no finding was made in relation to unsuitability to work with children. The Department responded by conducting refresher training in 2018/19 on the submission of information to the Registrar of the National Child Protection Register in conjunction with the Registrar of the National Child Protection Register, the latter conducted the training. The training sessions were conducted as follows:

Province	Date
Western Cape	26 and 27 July 2018
Limpopo	7 August 2018
Gauteng	10 October and 13 August 2018
Eastern Cape	23 August 2018
Mpumalanga	21 August 2018
Northern Cape	23 October 2018
Free State	25 and 26 October 2018
North West	31 October 2018
KwaZulu-Natal	2017/2018

Reply:

1. The upsurge in the number of domestic violence cases has been globally reported as one of the serious ramifications of the COVID-19 lockdown. As expounded by the Executive Director of UN Women, Ms Phumzile Mlambo-Ngcuka, ‘Confinement is fostering the tension and strain created by security, health, and money worries. It is increasing isolation for women with violent partners, separating them from the people and resources that can best help them. It’s a perfect storm for controlling and violent behaviour behind closed doors. And in parallel, as health systems are stretching to breaking point, domestic violence shelters are also reaching capacity, a service deficit made worse when centres are repurposed for additional Covid-19 response.’

2. In anticipation of domestic violence cases taking a dramatic upswing during the national lockdown, on 30 March 2020, I have issued Alert Level 5 of COVID-19 Directions for court operations, which listed domestic violence applications for protection orders among the justice essential services. However, the Level 5 Directions restricted courts from conducting criminal proceedings, unless for bail applications and reviews thereof. During the period 26 March to 30 April 2020, the district courts dealt with the following applications:

PROTECTION ORDERS APPLICATIONS IN TERMS OF THE DOMESTIC VIOLENCE ACT, 1998 (ACT NO. 116 OF 1998): PERIOD 26 MARCH TO 30 APRIL 2020
Province	Total Caseload Considered	Outcome
	Number of New Applications Registered (26 March – 30 April 2020)	Number of Applications Pending before 26 March 2020	Number of Interim Protection Orders Granted	Number of Summons Issued	Number of Final Orders issued	Total Number of Applications Considered
EC	1 580	507	1 143	565	379	2 087
FS	762	379	466	363	312	1 141
GP	3 159	284	1 632	810	1 001	3 443
KZN	1 474	268	1 108	110	524	1 742
LIMP	982	861	750	287	806	1 843
MP	626	297	528	175	220	923
NC	165	163	229	43	56	328
NW	706	214	375	42	75	492
WC	810	252	545	317	200	1 062
TOTAL	10 264	3 225	6 776	2 712	3 573	13 061

 

3. As against the global trend, it has been recently reported that South Africa has in fact taken a divergent experience in this area. In April 2020, the South African Medical Research Council modelling suggested that the hospital trauma admissions have declined by 66% since the alcohol-free national lockdown[1]. The rate of patients admitted for injuries inflicted as a result of violent crimes has drastically gone down in South Africa. Just recently, SAPS also reported a steep decline in the number of reported domestic violence cases. On 22 April 2020, the Minister of Police, Mr Bheki Cele announced that ‘The national picture reflects a decrease by 69.4% from 9 990 cases between 29 March and 22 April last year (2019) to 3,061 since the lockdown until 20 April 2020, meaning a difference of 6,929.’[2]

 

4. Similarly, our courts registered a further decline in the number of new applications for domestic violence protection orders received during the COVID-19 Lockdown:

New Applications for the Domestic Violence Protection Orders
All Provinces	January 2020	February 2020	March 2020	26 March to 30 April 2020
	22 211	18 112	14 404	10 264

Note: From these figures, since January 2020, our courts have been experiencing a persistent drop in the number of these new applications. Therefore, the ban of alcohol during the lockdown may not be the only contributor to the decrease of domestic violence cases.

5. Despite this sudden unexplainable drop in the domestic violence cases, the Department has introduced in our courts a number of measures to address the domestic violence epidemic:

a) In March 2020, shortly before the national lockdown, the Department introduced the Justice Rapid Results Initiative (RRI) to fast-track the finalisation of domestic violence matters and most importantly, to provide a catalogue of victim-support services aimed at creating a victim-centric justice experience, which is more caring, fast and effective. Due to the COVID-19 National Lockdown restrictions, the RRI is currently in operation, but in a minimal scale. The RRI is championed by the Deputy Minister of Justice and Constitutional Development, Mr John Jeffery, and the plan is to increase its footprint to more district courts post-COVID-19 epidemic.

b) There’s a chronic tendency among certain victims of domestic violence to minimize the experience of abuse due to a number of emotional challenges which include denial, shame, embarrassment and fear of exposure. Ambivalence often drives these victims out of the court system back into the cycle of violence where they would stay trapped until they die. In curbing potential femicide cases, the Department has introduced the Intimate Partner Violence Risk Assessment Tool in courts which provides a set of questions intended to open the eyes of the victim to the harmful realities and the fatal consequences of violence in his/her relationship, and to take appropriate actions. The tool was developed with government stakeholders, including SAPS, and also with the participation of the civil society. It is also available in our website.

c) It is often not easy for a victim of domestic violence to leave an abusive relationship. In an effort to protect their lives whilst leaving with their abusers during this Lockdown period, the Department has distributed to courts the booklet titled: My Safety Plan against Domestic Violence, which encourages the victims to make their personalized safety plans. The Plan guides the victims in identifying measures of safety, i.e. at the shared residence, during a violent attack, when planning to escape from the shared residence, etc. These include identifying trustworthy rescue persons, removing items from the house which might be used as dangerous weapons, packing an escape bag, identifying the safe escape route from the house, and selecting a safe house or shelter to where the planned escape will be made. The Department is in a process of distributing the Safety Plan to shelters to ensure that no survivor leaves the shelter without having planned. The Safety Plan can also be accessed from the Department’s website.

d) With the increasing figures of reported cases of violence in domestic relationships and femicide, the need for the review of the Domestic Violence Act, 1998 (Act No. 116 of 1998) became more pressing. The Department has published the Domestic Violence Act (DVA) Amendment Bill for public comments. The Bill seeks to amend the DVA to, inter alia, tighten safety measures of a protection order, and to introduce obligations to other government functionaries so as to increase stakeholder support and cooperation in the implementation of the Act.

The closing date for comments was on 24 April 2020. The Department is now considering comments for incorporation into the Bill. The Bill will be introduced in Parliament in the current financial year.

1. Prof Charles Perry, SAMRC: Opinion by Bhekisisa: ‘Could SA’s Lockdown ‘Experiment’ help chart a path to a sober, les violent country?’ ↑

2. Daily Maverick: Gender-based violence during lockdown in SA: Looking for answersWhy is South Africa not showing the rise in domestic violence cases reported elsewhere in the world? Chandre Gould is a Senior Research Fellow, Justice and Violence Prevention, ISS Pretoria; 11 May 2020 ↑

Reply:

I was advised by the department and entities as follows:

1(a),(b)&(c) The Ministry, Department and entities have indicated that the specified person did not attended any official meetings and/or gatherings.

2(a) Not applicable

(b) Not applicable

MR J MTHEMBU, MP

ACTING MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

Reply:

1. (a) The number of train stations that have been vandalised over the past three financial years, including signal equipment, substations, cables and any other operational equipment is:

Incidents (vandalised)	2018	2019	2020	TOTAL
Stations	37	42	94	173
Signal equipment	298	469	221	988
Substations	7	15	20	42
Cables	760	585	488	1833

(b) Theft and vandalism has been increasing over the years and the cost to restore the vandalized equipment is in excess of R2bn. This cost covers the following:

• Both Conventional and Modern Signalling System
• Signals and Train Detection Cables including Battery Banks at Signalling Equipment Rooms
• Multiple spans of Contact and Catenary wire Overhead Track Equipment (OHTE)
• Transformers, Rectifiers and various components at substations

2. (a) Train lines which have been impacted are:

Gauteng West	Gauteng East	Gauteng North
Vereeniging via Midway	Daveyton – Dunswart both lines 24	Mabopane – Pretoria
Westgate	Springs – Germiston all lines 24	De Wildt – Pretoria
Faraday	Germiston – Katlehong via India & Germiston East 34	Saulsville – Pretoria
Naledi to New Canada	Germiston – Knights – Elandsfontein 12	Pretoria – Pienaarspoort
Randfontein line	Germiston – Johannesburg all lines 12	Pretoria – Johannesburg
Midway – Oberholzer
New Canada – George Goch

(b) (i) Optimal train service was:

Gauteng West	Gauteng East	Gauteng North
Vereeniging via Midway 66 trips weekday	Daveyton – Dunswart both lines 24 trips per weekday	Mabopane – Pretoria 103 trips per weekday
Westgate 16 trips weekday	Springs – Germiston all lines 24 trips per weekday	De Wildt – Pretoria 42 trips per weekday
Faraday 20 trips weekday	Germiston – Johannesburg all lines 12 trips per weekday	Saulsville – Pretoria 48 trips per weekday
Naledi to New Canada 144 trips weekday	Germiston - Kwesine	Pretoria – Pienaarspoort 127 trips per weekday
Randfontein line 46 trips weekday		Pretoria – Johannesburg 68 trips per weekday
Midway – Oberholzer 14 trips weekday
New Canada – George Goch Included in Vereenigin & Naledi trips

(ii) Current Service – pre lockdown train trips and during lockdown no services are running

Gauteng West	Gauteng East	Gauteng North
Vereeniging via Midway 0 trips per day	Daveyton – Dunswart No train service due to all lines not available	Mabopane – Pretoria 0 trips per day
Westgate 0 trips per day	Springs – Dunswart Single line working up and down 24 trips per weekday	De Wildt – Pretoria 0 trips per day
Faraday 0 trips per day	Germiston – Johannesburg Shuttle hauled by diesel locomotive	Saulsville – Pretoria 0 trips per day
Naledi to New Canada 74 trips per day (before lockdown vandalism)	Elandsfontein – Germiston – Johannesburg Shuttle hauled by diesel locomotive to connect with the Pretoria train service at Elandsfontein	Pretoria – Pienaarspoort 69 trips per weekday
Randfontein line 26 trips per day	Germiston – Kwesine A service between Elsburg – Kwesine was implemented. Commuters connected trains to Germiston with the Meyerton – Vereeniging service at Elsburg	Pretoria – Johannesburg 10 trips per day
Midway – Oberholzer 0 trips per day 6 shuttle (express) trips between Randfontein and Oberholzer per day
New Canada – George Goch 0 trips per day All trains are travelling via Langlaagte

c) Based on the 2018 census, the number of commuters making use of each affected train line daily, are:

Gauteng West	Gauteng East	Gauteng North
Vereeniging via Midway 95 686	Olifantsfontein – Elandsfontein 95 921	Mabopane – Pretoria 154 512
Westgate 2 508	Daveyton – Germiston 108 543	De Wildt – Pretoria 1 679
Faraday 194	Germiston – Johannesburg 37 711	Saulsville – Pretoria 38 162
Naledi to New Canada 78,277	Germiston – Kwesine 43 200	Pretoria – Pienaarspoort 147 800
Randfontein line 46 260		Pretoria – Johannesburg 21 388
Midway – Oberholzer 2 620
New Canada – George Goch 5 109

d) For every incident where trains were reduced, Metrorail Marketing and Communications Department notified employees, commuters and the public at large via media. Please note that the information below is based on a single incident. This is then replicated in other areas when the train service in that area/corridor is also reduced.

When the train service is reduced, Metrorail employs the following platforms to notify affected commuters and the public at large:

• E-mail
• Media statement / alert
• Metrorail Gauteng Facebook page
• Twitter - @metrorailgp
• Go Metro (no longer operational since November 2019, but was used before when it was active)
• Face-to-face meetings with Commuter Forums
• Information Offices at stations
• Radio train traffic updates (free slots)
• In-house produced posters
• Commuter WhatsApp groups
• Commuters can also call stations and Information Centers
• Train service information updates also posted at some stations

e) Per region in Gauteng the following alternative transport arrangements were made for commuters:

Gauteng West:

Buses are used as alternative transport, but the service could not be sustained due to operational constraints and budget challenges at Autopax. Between Randfontein and Oberholzer a shuttle is running.

Gauteng East:

Alternative transport could not be provided due to budget being depleted to acquire buses from Autopax and the magnitude of the corridors to be provided for was really high in terms of demand and availability.

Gauteng North:

Diesel locomotive shuttle services were introduced but could not be sustained and could not cover all the corridors due to insufficient numbers of diesel locomotives available as well as continuous theft that resulted in hanging wires all over on different places on different days.

3. The estimated daily loss in revenue, based on the 2019/2020 Revenue Budget (excluding Covid-19 Lockdown), for the Passenger Rail Agency of South Africa is:

Gauteng West	Amount	Gauteng East	Amount	Gauteng North	Amount
Vereeniging via Midway	R77,429	Olifantsfontein – Elandsfontein	R65,607	Mabopane – Pretoria *	R95,125
West Gate	R1,425	Daveyton - Germiston	R53,856	De Wildt – Pretoria *	R15,223
Faraday	R465	Germiston – Johannesburg	R10,178	Saulsville – Pretoria **	R35,212
Naledi to New Canada	R70,290	Germiston – Kwesine	R36,684	Pretoria – Pienaarspoort	R85,255
Randfontein line	R25,766			Pretoria – Johannesburg	R14,556
Midway to Oberholzer	R6,476
New Canada to George Goch	R870
Johannesburg	R61,593
Total	R244,314	Total	R166,325	Total	R245,371

Total estimated daily loss in revenue is R656,010

* Mabopane and De Wildt Corridors were suspended in December 2019

** Saulsville corridor was suspended in March 2020 before the Covid-19 Lockdown was implemented

Reply:

1. No, I have not been informed of such meeting. Any individual meetings between a Judge and/or members of the public, would not be reported to my office.
2. Neither have I been informed of any appointment to any position, accordingly.
3. I have no power to take disciplinary action against Judges. This is done by the Judicial Service Commission.

Reply:

The Department did not foresee the impact of the COVID-19 pandemic at the commencement of the previous financial year and had therefore not budgeted for the pandemic nor planned for any tenders in the Annual Procurement Plan related hereto. However, the department had followed all the available prescripts by the National Treasury in the COVID-19 procurement processes.

Quotations were sourced in line with the provisions of the relevant Treasury Instructions and a process of a multiple award approach was utilised to meet the necessary volumes requested in the distribution for Personal Protective Equipment (PPE) and Wear. Accordingly the following suppliers were part of the multiple award total R24 731 292.41

i. Ecko-Green Environmental Services

ii. C Square Consumer Connectedness

iii. Mistralog

The following Products were supplied by the companies in this award:

i. PENDO-FOG disinfectant fogging machine;

ii. 20/25 Liter Disinfectant refil for the PENDO-FOG

iii. 1 Liter Sanitizers bottles

iv. 20 Liter Sanitizer refill

v. PPE Disposable Coveralls

vi. Surgical Masks

vii. Surgival gloves (only in round 1)

(2) There was no deviation made on the standard Emergency Procurment Prescripts

a) He reason for acquisition of the products was that an urgent intervention was required to assist in providing the taxi industry (driver’s and Marshall) with COVID-19 related goods, to curb the spead of the virus in the Public transport environment.

b) Quotations were sourced from multiple companies, evaluated in terms of normal procurement prescripts relating to CSD registration, tax compliance etc, and awarded as a multiple award to curb cost. There has been full compliance with the National Treasury Prescripts in terms of National Treasury Instruction Note Nr.3 of 2016/201/Section 8.1 and 8.2

(3) Companies first had to comply with prescribed procurement processes, including registration on CSD and tax compliance. Qualified bidders were then evaluated on price, per specific item.

(4) If deemed necessary by the house.

Reply:

I wish to inform the Honourable Member that I am not aware of any business transaction involving the purchase of shares through a loan advanced by Public Investment Corporation.

Reply:

1. The National Prosecuting Authority (NPA)’s position is that criminal investigations and consideration for prosecution is a parallel process and is not reliant on the completion of the Judicial Commission of Inquiry into State Capture (“Zondo Commission”). There have been some challenges regarding the sharing of evidence, which the NPA is trying to address.

2. There are considerations to amend the regulations of the State Capture Commission to facility the sharing of information between the Commission and the Independent Directorate.

The NPA would welcome interim reports from the Commission so that the Investigating Directorate (ID) would be able to assess the evidence, relevant to ID investigations, that has been collected by the Commission.

3. Several investigations are currently underway and there are matters that are under consideration for prosecution. The following matters are before courts:

i. State Owned Enterprises (SOE) Cases

Eskom (Kusile Power Station) – Former Eskom executives (Mr Hlakudi and Mr Masango) and co-accused were arrested and appeared in court in December 2019. Their next court appearance date is 25 May 2020.

ii. High Level Public and Private Corruption

Bosasa – Mr Angelo Agrizzi and Mr Andries van Tonder (former Chief Operations Officer (COO) and COO of Bosasa, respectively), Mr Linda Mti (former National Commissioner of Correctional Services) and Mr Patrick Gillingham (former Chief Financial Officer (CFO) of the Department of Correctional Services [DCS]), were arrested and charged with corruption, money laundering and fraud related to tender contracts at the DCS in February 2019.

iii. Security Sector Cases

a) SAPS – Manthata and Others - appeared before the Specialised Commercial Crimes Court in Palm Ridge on 17 March 2020, on charges of fraud and corruption as well as contravention of the PFMA. Case postponed to 5 May 2020 for disclosure. The case relates to allegations of fraud and corruption committed towards the SAPS during procurement of blue lights.

b) SAPS – S v T Khoza (Shezi Matter) Lt Gen Shezi was arrested and the matter was placed on the roll in the Pretoria Specialised Commercial Crime Court in Pretoria in December 2019. The matter will be before court on 27 March 2020 to set a trial date. Disclosure has been made and charges have been drafted. The matter relates to allegations of corruption.

c) NPA – Ms Jackie Lepinka appeared before court and matter postponed to 24 April 2020. The accused is charged with Theft, Fraud, Unauthorised access to or modification of computer material, in contravention of section 40(a)(2)(a) of the NPA Act; and unlawful disclosure in contravention of section 41 (6)(b) of the NPA Act.

Reply:

The Minister of Public Works and Infrastructure:

a) Department of Public Works and Infrastructure (DPWI) informed me that the matter of security on all material remained the responsibility of the contractor and the contractor covered the costs. The South African National Defence Force (SANDF) remains responsible for securing the border.

b) The Department further informed me the mitigating measure was premised on the fact that the tender went through a competitive bidding process. With reference to the published tenders on the DPWI website, the tender for Beitbridge land port of entry (WCS052500) was awarded in October 2016. The costing was also premised on 2016 baseline. The rates are complex as they are inclusive, and the contractor covered the costs.

Reply:

I wish to inform the Honourable Member that I regard the finalization of the organizational re-alignment process of the Department of Justice and Constitutional Development as of critical importance, and I have therefore directed the Acting Director-General to appoint a designated official in his office to manage this in consultation with the Human Resources Management Unit, which has done a lot of incremental work in this regard.

It is a worrying fact that the Departmental organisational structure has not been reviewed for a period of decade. This has had a negative effect in the Department’s ability and capability to meet its performance targets. I have discussed sharply with the Acting Director-General regarding the delay in reviewing the structure and the high vacancy rate in the Senior Management echelon which I have explained in a separate related Parliamentary Question.

I can report that several critical Senior Management vacancies were in the process of being filled or advertised immediately before the processes were halted due to the declaration of the national state of disaster and the subsequent national lockdown. Amongst these is the acting appointment of the Solicitor-General which we were able to conclude just few days before the announcement of the lockdown by the President. Mr Fhedzisani Pandelani has been appointed for three (3) years, and this will allow the Department enough time to reconfigure the Offices of the Solicitor-General and those of the State Attorneys to address the current capacity challenges in this important institution which are well documented.

We have also resumed some of the processes to fill some of the vacant posts which we are able to do during the current level four (4) lockdown phase. The Department has also solicited services of the Government Technical Assistance Centre (GTAC), an agency of the National Treasury, to provide the requisite technical skills to review the Department’s structure.

In terms of the Project Charter which the Department received from GTAC, the complete review of the structure will be finalised by November 2020. This will enable the Department to implement the new structure from the beginning of 2021.

Reply:

Background

This Laersdrift Bus Road Project is a project is being implemented by the Elias Motsoaledi Local Municipality and not by the Department of its Transports or its Entities. The MIG registered amount for the project is R23 593 338.00 VAT Inclusive. The project has been implemented in two phases during 2016/17 and 2018/19 financial years.

Phase 1A

Entailed 600m of asphalt road in Laersdrift with concrete v-drain on one side of the road and kerbing on the other side, storm water culvert crossings including road furniture. The project was completed in the 2016/17 FY at a cost of R5 000 000.00 for both construction and professional fees.

Phase1B

Entails 1.62km of asphalt road in Laersdrift with concrete v-drain on one side of the road and kerbing on the other side, storm water culvert crossings including road furniture. This includes construction of a connection to the R555 provincial road as per SANRAL standards. The project commenced in the 2018/19 FY and overlapped to the 2019/20 FY at a cost of R 13 692 298.31 VAT Inclusive (Both Construction and Professional fees) in the 2018/19 FY and R 3 083 323.78 VAT Inclusive (Both Construction and Professional fees) to date. The current progress is 95% complete overall.

a) (i) According to data received, this is a multiyear project still in progress and egistered for R23 593 338 million, of which R16, 036, 210 million was spent as at the end of 15 May 2020.

b) (i) Phase 1 A : Consulting Engineers: Dikgabo Consulting Engineers

Main contractor: AL Mphago JV /HM Eyethu

Subcontractors:

1. Matlapeng Mahuma Construction
2. BJM Transport
3. Phehli Trading Enterprise (Pty)Ltd
4. Marula Tubatse

Phase 2B: Consulting Engineers: Dikgabo Consulting Engineers

Main contractor: Mothage Phadima Construction

Subcontractors:

1. Ndlamama Transport and Projects

(c) According to the data extracted from Expanded Public Works Project (EPWP) office:

• Two (2) Full Time Equivalent Jobs (FTE) was created for the 2018/2019, the breakdown being eleven (11) Job Opportunities, of which six (6) job opportunities were for women and nine (9) job opportunities were youth.
• During the 2019/2020, it was reported nine (9) Full Time Equivalent Jobs (FTE) was created, the breakdown being twenty nine (29) Job Opportunities, of which nine (9) job opportunities were for women and twenty nine(26) job opportunities were youth.
• No data is currently available for the 2020/2021 financial year.

Reply:

The Minister of Public Works and Infrastructure:

(1)(a) My role was limited to issuing a directive for the emergency securing of the South African Border to the Director General, Chief Financial Officer and the Deputy Director General: Construction Management. The first focus was on the Beitbridge Border Post and identified hotspots at this borderline between South Africa and Zimbabwe.

(b) The delegated authority for tender approval was the National Bid Adjudication Committee (NBAC).

(2) I received regular updates on the construction until completion. I also requested the Auditor-General of South Africa to do an independent audit and also asked the Department of Public Works and Infrastructure’s Internal Anti-Corruption Unit to do an investigation.

Reply:

1. The Department did not award any tenders connected to the Covid-19 pandemic. Items procured such as masks, gloves, hand sanitisers and decontamination of premises (office buildings) were below R500 000 and supply chain processes were followed.

(a) None

(b) N/A

(c) N/A

2. No deviations from the standard supply chain management procedures.

(a) None

(b) N/A

3. N/A

4. N/A

MR J MTHEMBU, MP

ACTING MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

Reply:

Yes, the Department procured personal protective equipment in an effort to combat the spread of the COVID19 virus.  All details of the purchases are provided in Annexure 01.

Reply:

1. There were a number of prosecutions conducted under the provisions of Section 173 of the Municipal Finance Management Act (MFMA), Act No. 56 of 2003 in the period from 1 January 2006, as outlined in the table below:

(a)(i) Number of persons prosecuted in terms of section 173 of the MFMA	67
ii) Names of Municipalities involved	Eastern Cape a) Mbizana Local Municipality b) Cacadu Municipality c) Senqu Local Municipality d) Koukamma Municipality e) Amahlati Local Municipality f) Buffalo City Municipality g) Nelson Mandela Bay Metro h) Ikwezi Local Municipality 2. Northern Cape Hoogland Municipality 3. Gauteng West Rand District Municipality 4. Western Cape a) Oudsthoorn Municipality b) George/ Eden Municipality c) ClanWilliam/Cederberg Municipality d) Swellendam Municipality e) Paarl Municipality 5. Free State a) Maluti-A-Phofung Local Municipality b) Dihlabeng Local Municipality c) Moqhaka Local Municipality d) The Nala Local Municipality
(b)(i) Municipalities where prosecutions were withdrawn	a) Mbizana Local Municipality b) Oudtshoorn Municipality c) ClanWilliam Municipality d) Swellendam Municipality e) Paarl Municipality
(ii) and c) Municipalities and cases where convictions were attained, and sentences imposed	a) Cacadu Municipality, in S v Khanyisa Majokweni and another i The 2 accused were convicted for contravening section 173 of the MFMA. ii.  Accused 1 was sentenced to a fine of R 1 500.00 or 90-days imprisonment, which was wholly and conditionally suspended for 5 years. iii. Accused 2 was sentenced to 3 years imprisonment, wholly and conditionally suspended for 5 years. b) Senqu Local Municipality in re S v Mxolisi Yawa and 6 others i. 5 of the 7 accused were convicted for contravening section 173 of the MFMA ii. Accused 1 was sentenced to 5 years imprisonment wholly and conditionally suspended for 5 years iii. Accused 2 was sentenced to 4 years imprisonment wholly and conditionally suspended for 5 years iv. Accused 5 was sentenced to a fine of R5000 wholly and conditionally suspended for 5 years v. Accused 6 was sentenced to 3 years imprisonment wholly and conditionally suspended for 5 years vi. Accused 7 was sentenced to 2 years imprisonment wholly and conditionally suspended for 5 years c) Hoogland Municipality, in re S v Marius Botha i. The accused was convicted for contravening section 173 of the MFMA ii. He was sentenced to a fine of R5 000.00 or 12 months imprisonment. d) Oudtshoorn Municipality, in re S v Pietersen i. The accused was convicted for contravening section 173 of the MFMA ii. He was sentenced to 5 direct years imprisonment, which was reduced to 2 years direct imprisonment on appeal to the Western Cape High Court iii. Applications to appeal to the Supreme Court of Appeal and the Constitutional Court were dismissed.
Municipalities and cases where there were acquittals	a) Senqu Local Municipality, in re S v Mxolisi Yawa and 6 others (2 persons were acquitted) b) Koukamma Municipality, in re S v Sinaw Amandla Construction and 3 others c) Oudtshoorn Municipality, in re S v Pietersen and 5 others
Municipalities and cases which are partly heard before court	a) Hoogland Municipality, in re S v Marius Botha b) West Rand Municipality, in re S v TZ Mokhatla and 2 others c) George/ Eden Municipality, in re S v Cecil Afrika d) Amahlati Local Municipality, in re S v Mlonzi and 2 others e) Buffalo City Municipality, in re i S v Zambodla and another, and ii. S v Ndzele and 5 others f. Nelson Mandela Bay Metro, in re S v Mkaza and 5 others g. Ikwezi Local Municipality, in re S v Gutas h. Cacadu Municipality, in re S v Diniso and 5 others i. Maluti-A-Phofung Local Municipality, in re S v Tsupa and 8 others j. Dihlabeng Local Municipality, in re S v Molatseli and 2 others k) Moqhaka Local Municipality, in re S v Mqwati and 3 others l) The Nala Local Municipality, in re S v Christopher Mokomela and 3 others

2. No person has been prosecuted under the provisions of section 119 of the Municipal Systems Act, Act 32 of 2000.

Reply:

1. It is unquestionable that the Covid-19 pandemic has brought about and at some point exacerbated the challenges faced by the country and the world in totality. Thus, it is necessary that integrated solutions are found and implemented to navigate through the Covid-19 virus and its impact to the overall society. As such the South African Government is providing leadership by putting in place the integrated mechanisms to help to directly and indirectly deal with this unprecedented pandemic and its impact to the economy. This is exhibited by stimulus package announced by our President and is further unpacked below.

In general and currently, the Department is not intending to create a special Covid-19 financial relief fund for small businesses in the transport sector because these entities registered through the Companies and Intellectual Property Commission (CIPC) are eligible and qualify to apply to existing Government Covid-19 relief programmes. However, the Government will, through the Department of Small Business Development (DSBD) provide relief to all SMMEs. This financial relief is provided through the R500billion Covid-19 relief financial interventions highlighted in the preceding paragraph. It is intended to provide business owners particularly of small enterprises with funding or payment relief and opportunities to help them navigate and thrive through this tough time.

These programmes are and not limited to:

• Unemployment Insurance Fund (UIF) Covid-19 relief fund is to benefit all employees and employers including small enterprises functioning within the transport sector. This is an emergency relief for employers to be able to pay employees who have been temporarily laid off as a result of the COVID-19 lockdown measures;
• The Department of Small Business Development (DSBD) Covid-19 relief fund is for businesses, which are negatively affected, directly or indirectly, due to the Coronavirus pandemic. It is important to note that the creation and existence of this Department is to put in place mechanisms that will create an environment in which small enterprises across the economy of South Africa inclusive of the transport s sector operate in a fair and conducive environment;
• The DSBD Business Growth Resilience Facilities is for enterprises geared to take advantage of supply opportunities resulting from the Coronavirus pandemic or shortage of goods in the local market.
• SMME Relief Finance Scheme. This is a soft-loan funding for businesses negatively impacted by the COVID-19 virus for all businesses with a turnover of less than R300 million; and
• Small Enterprise Finance Agency (SEFA) Debt Restructuring is for businesses that are currently Sefa-funded are able to apply for a moratorium on loan repayments if the COVID-19 virus has negatively affected them.

An exception is with the Taxi Industry as you are all aware that it provides public transport for approximately 60% of passengers. As part of the relief measures for small businesses in distress, taxis financed by the National Taxi Finance administered by SEFA will be granted a 3 months repayment holiday. The dire effects of the lockdown on the taxi industry is noted and intergovernmental consultations on a Taxi Industry Relief Efforts are at an advanced stage. The Departments of Transport, Small Business Development, Employment and Labour, Trade Industry and Competition as well as National Treasury have agreed to support the industry and are currently looking at various modalities of assistance. At the time the lockdown was declared, we were in the process of finalizing our plans for the hosting of the National Taxi Indaba, which will be held sometime later this year. The aim is to address a number of critical economic issues confronting the industry. Among the key issues to be considered by the Indaba is a sustainable economic empowerment model for the taxi industry. This will include a public transport-funding model, which must include a possible subsidy regime, in which the taxi industry is a full participant. It is of paramount importance to note that the SANTACO, the governing structure of the taxi industry in the country under the governance of the Department, announced a R3.5 billion relief funds to help cushion the industry through the Covid-19 pandemic.

In view of the above Government interventions, it is important for Government to pool limited resources to ensure most enterprises are cushioned through these tough and unprecedented times. All Government interventions should aim towards providing integrated Covid-19 financial reliefs. In addition, it is vital to avoid duplicating efforts and ensure that double dipping by individuals and enterprises is avoided at all cost. Secondly, the Department will continue to support efforts of creating a conducive environment for small enterprises in the transport sector. Thus, the legislation of Government including the Broad-Based Black Empowerment (B-BBEE) Act 53 of 203 as amended will be applied to help small enterprises and to facilitate transformation of the transport sector. I must acknowledge that not all these Covid-19 virus relief funds may be enough. In the next phase, Government must look at options to increasing these financial support mechanisms to rebuild and stimulate the economy.

(2) whether the Covid-19 financial or other relief will only be allocated to qualifying small businesses according to the Broad-Based Black Economic Empowerment Act, Act 53 of 2003, as amended; if not, what is the position in this regard; if so, (a) on what statutory grounds and/or provisions does he or his department rely to allocate Covid-19 financial or other relief only to small businesses according to the specified Act and (b) what form of Covid-19 financial or other relief, if any, will be made available to other small businesses?

Response

For more details, see question 1 response above. Of course, my Department would like to emphasize that the Constitution of the Republic of South Africa and supported by laws such the B-BBEE Act will be implemented to create an inclusive growing economy and to transform the transport sector particularly the aviation, road freight and maritime industries. The Covid-19 crisis provides an opportunity for the Department to work towards speeding-up the process to re-instituting the Transport Sector B-BBEE Council to facilitate transformation of the transport sector so that equal opportunities are created for black women, black people with disabilities and black youth. The process to re-institute the Council is at the advance stage. The Council will spearhead the implementation, monitoring and evaluation of B-BBEE and transformation in the transport sector. It is important to note that Government will not compromise the provision of the constitution and will continue to ensure compliance to relevant legislation.

Let me take this opportunity to provide my total support to my colleague, the Minister of Tourism, Ms Mmamoloko Kubayi-Ngubane in support of the Black Business Council for implementing the B-BBEE Act 53 of 2003 as amended even though there are some distractors in the country. The intention of this Government is to achieve the envisioned 2030 goals set by the National Development Plan that 9 out of 10 new jobs will be generated by micro, small and medium businesses. Hence, all our efforts should make use of every opportunity inclusive of the Covid-19 crisis to transform the overall economic society of South Africa and create a conducive environment for micro, small and medium enterprises to help or economy.

Reply:

a) The Covid-19 pandemic has negatively affected many small businesses and most of them are struggling to stay afloat because they either cannot operate under the lockdown or the volume of their passenger numbers has significantly decreased. In this regard, government has established multiple relief funds under the Department of Small Business Development (and its entities) and the Department of Trade, Industry and Competition (and its entities) aimed at t providing financial relief and assistance to business in distress. The Department of Transport has been encouraging the unsubsidized small bus operators to approach these schemes for relief.

Reply:

5G is the fifth generation of wireless technology network adopted by 3rd Generation Partnership Project (3GPP), a standards organisation which develops protocols for mobile telecommunications. 5G is a new globally accepted standard of technology after 3G, 4G and LTE/LTE advanced. 5G is identified by the following use cases: enhanced mobile broadband communications, massive machine type communications, ultra-reliable and low latency communications, and Internet of Things that virtually connects everything and everyone.

 

MR J MTHEMBU, MP

ACTING MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

Reply:

The Minister of Public Works and Infrastructure:

a) The Department of Public Works and Infrastructure, including its Property Management Trading Entity (PMTE), collectively referred to as “the Department”, has incurred, and continues to incur, both ordinary and extraordinary expenditure in line with its mandate the provision of Personal Protection Equipment (PPE), the cleaning of its facilities, decontamination of facilities (including Presidency and courts) and quarantine facilities as requested by Department of Health (DOH). To date, an amount of R 47 049 676 has been spent.

b) The money was sourced from various line items of the budget after taking into consideration the lower expenditure on items due to the lockdown. These included budget items on travel, recruitment, goods and services and infrastructure projects due to low or no expenditure due to lockdown. The funds were shifted in terms of the Disaster Management Act and its Regulations.

c) The expenditure was authorised in line with the Department’s finance delegations of authority at various branches at Head Office and the eleven (11) Regional Offices.

d) The impact is negligible, if any, as funds were shifted from programmes that had no activities due to inter alia the restrictions imposed by the national lockdown.

Reply:

The Department did not for see the impact of the COVID-19 pandemic at the commencement of the previous financial year and had therefore not budgeted for the pandemic. The department has however approached the National Treasury to solicit an approval for the reprioritization of the budget to provide for the non-pharmaceutical interventions to respond to the pandemic and to mitigate the spread of the Coronavirus. Approval is awaited for the request from the National Treasury

Reply:

(1)(a) Should the released detainees require quarantine after release, they will be managed by the Department of Health facilities in their respective districts within which they are staying.

(1)(b) Those who are released will not be re-tested in the Department unless they meet testing criteria as indicated in the Clinical Management of suspected or confirmed COVID-19 cases:

• a suspected COVID-19 case includes any person presenting with an acute (≤14 days) respiratory tract infection or
• other clinical illness compatible with COVID-19, or
• an asymptomatic person who is a close contact to a confirmed case or
• presenting with COVID-19 key respiratory syndrome symptoms which consist of ANY of the following:
• Cough
• Sore throat
• Shortness of breath
• The loss of sense or smell or an altered sense of taste.

• Other symptoms which may include fever, weakness, myalgia, or diarrhoea.

(2) Monitoring of parolees and probationers under lockdown regulation between level three (03) and five (05), will be conducted through telephonic monitoring system. The Department is in discussion with the JCPS Cluster to involve Community Policing Forum (CPFs) as part of monitoring mechanism.

All released parolees and probationers come with classification from the Parole Board. The Department will be guided by this classification of the released parolees and probationers.

If released parolees and probationers are categorised as low and medium risk during the current level four and three of the lock down, the Department will monitor them through telecommunication

If released parolees and probationers are classified by the Parole Board as maximum, the Department will physically monitor the released offenders throughout the lockdown period.

The current arrangement of monitoring only applies from level 3 to level 5 of the lockdown. When the lockdown goes to level 2 and level 1 the monitoring arrangements will change and all categories will be monitored physically.

END

Reply:

The Minister of Public Works and Infrastructure:

(1) Subsequent to the Directive of 26 March 2020 and the Clarification Note of 29 March 2020 issued by the Minister of Public Works and Infrastructure, on 13 May 2020 the Department of Public Works and Infrastructure issued a further Clarification Notes aligning the payment of EPWP workers with the Temporary Employee/Employer Relief Scheme (C19 TERS) benefit. This benefit is applicable for the duration of the lock down, subject to a valid EPWP contract in place and the conditions of C 19 TERS. The Clarification Note of 13 May 2020 was issued to all Accounting Officers coordinating and implementing the EPWP across all the three spheres of government advising the Accounting Officers of the applicability of the C19 TERS benefit. The circular clarified that participants who had valid contracts during the lockdown period whether paid or not in at work during the lockdown may claim through C19 TERS. This was to ensure that public bodies, who were financially under pressure, and could not pay the participants would now be in a position to pay the said participants.

(2) Yes. EPWP participants are entitled to Unemployment Insurance Fund benefits, subject to the Unemployment Insurance Fund Act, No. 63 of 2001. UIF can be claimed by participants in the event the EPWP contract had or will come to an ended and such participants are eligible for UIF benefits. In the event a valid contract exists, C 19 TERS applies.

(a) C 19 TERS, provides for the employer to claim on behalf of its employees. C19 TERS is not compulsory. It is a benefit to assist employers to pay employees during the lock down, protecting the employees from the adverse impact such as the loss of income or are required to take annual leave in terms of section 20 (10) of the Basic Conditions of Employment Act, 1997.

(b) In the event an EPWP participant is not eligible for C 19 TERS and UIF benefits, then the participant may apply for the Social Relief of Distress Grant through the South African Social Security Agency (SASSA).

(3) The payment of EPWP participants is addressed in point 1 and point 2 of this response.

(a) The monitoring of compliance by public bodies paying EPWP participants during the lockdown period has been developed and onc it would be institutionalised and public bodies informed through, a circular, on how to report this information in the EPWP Reporting System.

(b) (i) and (ii) The EPWP Ministerial Determination, section 13, places the responsibility of payments to EPWP participants on the employers. Section 12 and 13 of the EPWP Ministerial Determination further stipulates that all employers must keep a record of all payments made to workers. Thus, the Department of Public Works and Infrastructure (DPWI), as the coordinator of the EPWP, is not mandated nor empowered to take any measures against companies or public body (employer) that have not paid their EPWP employees during the lockdown.

(c) The EPWP Ministerial Determination is sub-regulation to the Basic Conditions of Employment Act, 1997. The enforcement of the Basic Conditions of Employment Act, 1997 and its sub-regulation is the mandate of the Department of Employment and Labour.

Reply:

The problems encountered by the South African Sports Confederation and Olympic Committee have been well documented with the solutions clearly articulated in the Zulman Committee of Enquiry Report.

It is evident that the effectiveness and efficiency of the SASCOC has consequently been adversely affected by the administrative lapses articulated in the report. A view which has been held by the Ministry upon acceptance of the Zulman Committee of Enquiry Report.

It is on this basis that the Department has invested its efforts in working with SASCOC with a view of turning around the fortunes of the organisation in order to set it on a sound administrative position geared towards effective delivery of its mandate and betterment of South African high performance sport and sport in general.

Whilst progress has been made in terms of the implementation of critical reforms within SASCOC due cognisance is given to the fact that the most critical milestone of the Quadrennial General Meeting is still outstanding. It is the Department’s conviction that this would usher in an era of stability for the organisation.

Reply:

With reference to her reply to question 61 for oral reply on 11 March 2020, of the total number of 88 685 learners who were allowed to participate in the Multiple Examination Opportunity (MEO) dispensation, what number of learners (a) in each specified district participated in the MEOs, (b) wrote Matric and (c) were allowed to write MEOs in each specified school across the City of Ekurhuleni?                               

Response

Multiple Examination Opportunity (MEO) candidates are learners that are progressed from Grade 11 to Grade 12; and therefore, are allowed to write three or more subjects in their first examination sitting, and the remaining subjects in the second examination sitting.  In the case of the 2019 National Senior Certificate (NSC) examination, as indicated by the Minister, there were 88 685 candidates that opted for the Multiple Examination Opportunity (MEO).  These 88 685 candidates wrote three or more subjects in the 2019 NSC examination and they would have written the remaining subjects in the 2020 May/June examination.  However, with the National Lockdown emanating from COVID-19, the 2020 May/June examination has been re-scheduled to be written in October/November 2020, as a combined examination with the October/November 2020 examination.

(a) The number of MEO candidates per district for the October/November 2019 examination is provided as Annexure A.

(b) The number of candidates that would have written the 2020 May/June examination, so as to attain the NSC (Matric) will only be known after the 2020 October/November examination is written.

(c) The number of MEO candidates in the 2019 NSC examination for both the Ekhurhuleni North and Ekhurhuleni South districts is also provided as part of Annexure A.

Reply:

Comprehensive Sexuality Education (CSE) is implemented through the Life Skills and Life Orientation subjects. In light of the disruptions of the school calendar due to COVID-19, CSE implementation in the pilot schools will be revised according to the amended Annual Teaching Plan (ATP) after re-opening. .

Reply:

The Minister has not been informed of any coaches who have been charged with sexual misconduct against players of Netball South Africa.

The Minister has not been informed of an incident of sexual misconduct involving a KwaZulu-Natal coach in 2018.

The Minister is not aware of any formal complaint that was lodged against the KwaZulu-Natal coach.

These are matters of conduct of the members of the federations which invariably make them administrative in nature. Therefore, fall within the ambit of the Federation to deal with. However as with any case of sexual misconduct, the Ministry condemn any such behaviour and urge the federations to take appropriate action to protect athletes and all involved in sport.

Reply:

The Honourable Member is kindly referred to the Parliament Joint Standing Committee on Intelligence (JSCI) where a reply to this Parliamentary Question has been logdged.

Reply:

1. Yes, the Department has awarded tenders connected to the Covid-19 pandemic.

(a) The names of the businesses to whom these tenders were awarded are:

• Pixely Entropy: Live Streaming Management Services
• Roadshow Marketing – Logistics and Event Management Services; and
• VWV Group (PTY) LTD – TV Production Management Services

(b) The amounts of each tender awarded are:

• Pixely Entropy - R 488 750.00
• Roadshow Marketing - R 824 300.00
• VWV Group (PTY) LTD - R 1 483 113.88

(c) Services to be rendered by each business are:

Service provider 1: Live streaming service provider

Live streaming

• A web-based TV portal platform for showcasing current and past events of DSAC;
• A live stream platform which will become the go to link to drive regular audiences to the same “live venue” for all DSAC events;
• A management of the loading of the live events before and after they happen; and
• A management of the transmission of the live event ensuring the public has seamless reach and access to the platform.

Website Development and Management

• To develop a web-based TV portal platform where live stream content will be housed and maintained;
• To ensure the up keeping of content and advertising up-coming events on the website to the public;
• To drive awareness of the platform’s content even when there are no live events scheduled; and
• To ensure alignment between TV production and event management team regarding the sharing of footage needing to be live streamed.

Revenue Streams Generation Platforms

• A network deal where data bundles promotion is offered to the public so that they access the content cheaper during the time that events are hosted;
• Platform for packaging digital albums of live streamed events;
• Ensuring provision of agnostic platforms (platforms which are not restricting access based on which network you are in) re. selling of artists’ content via digital platforms;
• Selling of digital albums of live performances allowing artists to make money for every download or live streaming of their content post the event;
• Promotion of content live streamed after the event so as to increase interest in the buying of digital albums produced after the event; and
• Drive commercialization opportunities of getting more brands on board as sponsors thus enticing more audiences to visit the platform.

Service provider 2: Logistics and event management service provider

Green Room & Stage Technical Rider:

• To identify and secure Green Room for hosting the live stream event;
• To equip green room with the sound and visual technical rider and stage requirements for live performances (DJ set or singer’s requirements);
• To provide audio set up requirements for hosting MC in the green room;
• To provide audio and visual requirements for conducting live interviews through video/ Skype/ Instagram (or preferable mode) interviews in the green room; and
• To provide the operational system for ensuring that social media content as event happens is streamed live to the green walls of the venue.

Booking Management of Artists and Catering

• To directly liaise with and source and book artists to be featured for that event;
• To engage with the artists/practitioners who want to live stream an event and arrange the event on DSAC’s behalf engaging with Live stream service provider as well as the TV production crew; and
• To provide MC and up to 10 people catering requirements when needed.

Service provider 3: TV production management service provider

Recording of Live Events:

• To provide camera crew for recording live performances in the green room;
• To provide post production services of editing the content live streamed final cut of digital album; and
• To ensure alignment between live stream service provider and camera crew providing footage of content during live stream.

Post Production of Digital Albums

• To edit live stream material and produce digital album post event;
• To supply material to live stream web-based portal; and
• To supply material to network service provider for digital albums to be sold.

(2) There were no deviations from the standard supply chain management procedures in the awarding of the tender

(3) The businesses were awarded tenders for the following reasons:

• Service provider 1: Live streaming service provider
• Service provider 2: Logistics and event management service provider
• service provider 3: TV production management service provider

(4) No, the I will not make a statement on the matter.

Reply:

(1) The perception about the so-called “one-size-fits-all” approach to education that is alleged to be used by the Department of Basic Education (DBE) may have to have its merit put under scrutiny and be engaged on further. The DBE remains committed to engaging with whosoever displays a potential to contribute meaningfully in the quest for quality basic education provisioning in the country.

(2) The Council for Quality Assurance in General and Further Education and Training is an autonomous entity and any intentions of engaging with it may have to be addressed directly to it.

Reply:

The Federations have indicated that they are unable to provide information required. They cannot access the records at their offices owing to the lockdown. Most organisations are still closed due to National Lock Down due to Covid19

Reply:

a) The Federation has indicated that it requires more time to retrieve the information due to the lockdown.

Reply:

Despite numerous reminders, SASCOC has not been able to furnish the Department with information required to respond to this question. Most organisations are still closed due to National Lock Down due to Covid19

Reply:

Despite numerous reminders, SASCOC has not been able to furnish the Department with information required to respond to this question. . Most organisations are still closed due to National Lock Down due to Covid19

Reply:

The Minister of Public Works and Infrastructure:

a) Yes, the Department of Public Works and Infrastructure (DPWI) informed me that an assessment was done for the +700km borderline fencing and patrol roads as part of town planning/ site clearance process for the integrated reconstruction of borderline fencing and patrol roads along the South Africa-Zimbabwe borderline.

b) Historically, the function to repair, maintain and construct border fences has been undertaken by various Government stakeholders which resulted in a fragmented planning for borderline fencing based on border incursion at the time A comprehensive approach to the entire border fencing scenario for South Africa is currently being informed as a priority by conducting a Site Assessment and Clearance, which will support feasibilities and the overall strategic plan to deal with the repair, maintenance and construction of borderline fences in totality.

(i) Based on the condition assessments undertaken during the site clearance processes, the overall condition of the borderline fences is considered poor and porous.

(ii) Yes, according to the assessment mentioned above done there are hotspot areas that require maintenance and replacement of fencing where there are illegal crossings. From historical reports, the other areas of concern have been agricultural fences around portions of Lesotho (to stem livestock theft) as well as a portion of the northern border with Zimbabwe, a part of the border between South Africa and Mozambique adjacent to the Kruger National Park as well as portions of border between SA and Swaziland (for illegal entry to South Africa).

(iii) The total budget allocation for the repair to border fences in the 2020-21 financial year is R 21 million.

Reply:

(a)(i) On what date and (ii) how was the National Registrar of Tour Guides appointed?

Ms Morongoe Ramphele, the National Registrar of Tourist Guides was appointed on 01 July 2017 by the Minister of Tourism and gazetted accordingly as per notice 768 of 2017.

(b) What are the details of other candidates who were available to be appointed as Registrar?

Not applicable. This is a designation and not an appointment that requires applications

(c) What criteria were used to appoint the Registrar?

Minister is empowered to designate an official of the department to serve as a Registrar of Tourist Guides in terms of Section 48 (1) of the Tourism Act., no 3 of 2014

(d) Why was the incumbent chosen as Registrar?

Section 48 (1) of the Tourism Act, no. 3 of 2014 states that the Minister must appoint a suitably qualified officer in the Department as the National Registrar and publish his or her name in the Government Gazette. There is a greater alignment between the Branch Tourism Sector Support Services, and the advancement of Tourist Guides’ development, promotion and governance of their work, hence the designation of the DDG thereof.

(e) On what date (i) did the term of the current Registrar commence and (ii) will the term end?

(i) 01 July 2017 (ii) Not applicable

(f) What remuneration, infrastructure and facilities are provided for the Registrar?

 

No additional remuneration infrastructure and facilities for the Registrar as it is a designation of an official

However, the Directorate: Tourist Guiding Management is responsible for the implementation of the guiding mandate with access to all the necessary infrastructure and facilities provided to all staff in the Department.

Reply:

The Federation has indicated that it requires more time to retrieve the information due to the lockdown.

Reply:

(1) The Department awarded a tender for the the provision of water tanks and water to 3 500 schools to alleviate the COVID 19 pandemic; 

        (a)    Rand Water Board

        (b)    R600m

        (c)    Water tanks and water to 3 500 schools across the country

(2) There was deviation from normal tender processes 

         (a)    Because of the emergency nature situation as the provision of water was a prerequisite to the reopening of schools. 

         (b)    The procurement was done in terms of National Treasury Instruction No. 5 of 2020/2021, read with treasury Instruction 16A6.4 and National Treasury Practice Note 8 of 2007/2008.

(3)    The tender was awarded to Rand Water due to their proven track record of delivering huge projects within a short space and also because they are an entity of government through the Department of Water and Sanitation (DWS).  To regulate the business relationship, a trilateral agreement (Implementation Protocol) was signed between the DWS, Rand Water, and the Department of Basic Education.

(4)   Yes, I will make a statement on this matter.

Reply:

(1) The department has not awarded any open tender related to Covid-19 pandemic, however, awarded 3 Purchase Orders to date for Covid-19 related personal protective equipment (PPE) and 1 Purchase Order for antivirus software for the Secure Video Conferencing Solution through quotation processes to the following companies (i) Bidvest Steiner, (ii) Inhlanhla Ga Tshwarelo, (iii) Lechoba Medical Supplies and Ubuntu Technologies.

(2) Deviation process was followed to provide Secure Video Conferencing Solution for Government on an urgent basis to allow work to continue while minimising the health risks posed by infectious Covid-19 pandemic.

(3) The reason for choosing the said Information Technology supplier is that the department already had contracts with the two companies (i) Nanoteq and (ii) TrueConf that provided infrastructure to the department on secure communications and video conferencing solutions respectively. Consequently, the department approached the two companies to increase the number of licences they were already providing to the department with a view to minimize the risk of the Covid -19 pandemic.

(4) Not at this stage

Reply:

1 (a) Prompted by what was perceived to be poor performance of the South African Team at the 2000 Olympic Games, the then Minister of Sport and Recreation, Mr Ngconde Balfour convened a session of Stakeholders on 27th of November 2000. The result of this session was the appointment of the Ministerial Task Team (MTT) which was charged with the responsibility of investigating High Performance Sport in South Africa, identifying shortcomings in the system and formulate possible interventions. The outcome of this process saw the dissolution of the South African Sports Commission, Disability Sport South Africa, United School Sport Association of South Africa and the National Olympic Committee of South Africa to create the South African Sport Confederation and Olympic Committee. This with the fundamental rationale of streamlining the sport structures in South Africa.

(b) In November 2011 the entire sport and recreation fraternity converged in Midrand to review the sport landscape and its pillars. This process resulted in the affirmation of the existing sport structures. The sector emerged with the National Sport and Recreation Plan which has guided sport and recreation development in the country thus far.

(c) It therefore follows that empirical evidence and a well thought out process would guide future review of the institutional and structural arrangement in sport with the sole purpose of optimizing administrative effectiveness and efficiency in order to promote performance of athletes and teams.

2) The Ministry has not been presented with any information and or tangible evidence relating to the use of R70,000,000 that NOCSA had in the bank account when changed to SASCOC that warrants an investigation including forensic audit.

Reply:

The question has been referred to Provincial Departments of Education and a consolidated response will be provided as soon as it is received.

Reply:

(1)(a) No, responsible professional bodies such as the Department of Basic Education (DBE) are responsible for the development of curriculum/policy (National Education Policy Act, 27 of 1996)

(1)(b)(i) UMALUSI is not responsible for the development of new qualifications, but it is the responsibility of the DBE, and UMALUSI quality assures qualifications after which it submits them to the South African Qualifications Authority (SAQA) for registration on the National Qualifications Framework (NQF).

(1)(b)(ii) DBE is responsible for introducing a new qualification that it has developed.

(1)(c) As indicated above, the DBE is responsible for the development of curricula for new qualifications and not UMALUSI. The latter is responsible for the quality assurance of both the curricula and qualifications.

(2) There is no uncertainty regarding the statutory mandate of UMALUSI and the Department of Basic Education regarding independent schools. The Regulations regarding the criteria for the Quality Assurance, Accreditation, Monitoring of Independent Schools and Private Assessment Bodies, published in Government Gazette no.41206 of 27 October 2017, clearly stipulates the role of UMALUSI and the Provincial Education Departments (PEDs). The PEDs are responsible for the registration of independent schools which gives them the approval to operate as a school and thereafter they must be subjected to the accreditation process of UMALUSI which determines whether the independent school has the capacity to offer and manage the relevant qualification and the related curriculum. The Department has also developed Guidelines for the Registration and Accreditation of Independent Schools, which has been endorsed by Heads of Education Committee (HEDCOM) and needs to be approved by Council of Education Ministers (CEM) and this will further assist independent schools in understanding the relationship between registration and accreditation. The independent schools are supported by both the PEDs and UMALUSI to meet the criteria for registration as an independent school and to be accredited to offer the qualification. The DBE has also established a HEDCOM sub-committee for Independent Schools which addresses all concerns of the independent schooling sector at a national level.                     

Reply:

There have been claims of false positive results, however, it is difficult to confirm the claims because the same sample needs to be tested to determine if there are inconsistent results. The results are determined by the amount of virus in the sample and this can differ if samples are taken at different times. The National Health Laboratory Service (NHLS) will conduct external quality assurance and proficiency testing schemes to determine the quality of results. Proficiency testing schemes are performed by providing participants with test samples for analysis and determine how closely their results agree with the accepted values. Regular participation in a proficiency testing scheme provides staff with an insight into their laboratory’s performance, benchmark performance with that of the other participant laboratories and demonstrate to end user of analytical data, regulatory bodies and accreditation bodies that there is a commitment to measuring quality.

END.

Reply:

The pandemic together with the impact that it has on the economy is placing consumers, workers, firms and vulnerable members of society under enormous pressure.

In order to combat the rapid spread of COVID-19 as effective as possible and limit the damage to the economy, Government has taken a number of measures that have been publicised. Further measures continue to be under consideration.

During the course of addressing both the pandemic and the destructive and other effects of the disaster, the Ministry and Department has been reviewing provisions of legislation within its mandate, including the Competition Act and the National Credit Act, to identify measures that can be taken responsibly to support families and businesses in distress.

On 20 March 2020, I gazetted an exemption from sections 4 and 5 of the Competition Act, to enable banks to meet and agree on terms to support consumers and small businesses in distress. This includes payment holidays and debt relief for businesses and individuals in financial distress; limitations set on asset repossessions of businesses and individuals in financial distress; and the extension of credit lines to individuals and businesses in financial distress.

In respect of the National Credit Act, while the Act imposes prudent measures to mitigate against reckless lending by credit providers, it also contains provisions that are aimed at assisting distressed consumers in cases of disaster or other unforeseen emergencies. These include both the emergency loan provisions; and the public interest loan provisions in the Act. I am advised that, in terms of the Act, the provisions relating to reckless credit equally do not apply to either emergency loans or public interest credit agreements.

In the initial discussion with the Department and the Credit Regulator, there was a recognition of the need for additional finance and facilities that would be required over the period of the COVID-19 national disaster; at the same time, both entities were concerned about the risk of over-indebtedness to vulnerable consumers which may result from reckless lending.

Officials from the Department thus engaged with a range of industry stakeholders on the most appropriate measures to provide additional access to finance to consumers in need, while mitigating any risks which may exist. These engagements included the following:

• Ms Nomsa Motsegare, CEO of the National Credit Regulator;
• Mr Kuben Naidoo, Deputy Governor of the South African Reserve Bank and CEO of the Prudential Authority;
• Mr Lungisa Fuzile, CEO of Standard Bank South Africa;
• Mr. Cas Coovadia, Managing Director of the Banking Association of South Africa at the time;
• Ms. Marguerite Jacobs, General Manager responsible for Legislation & Regulatory Oversight for the Banking Association of South Africa;
• Mr Abdul Waheed Patel of Ethicore, in their capacity as advisors to Microfinance South Africa; and
• Mr Michael Lawrence, Executive Director of the National Clothing Retail Federation.

The National Credit Regulator also engaged with the South African Reserve Bank and relevant Government entities on the matter.

In the course of the discussion with stakeholders, it was clear that the provisions of the National Credit Act were not the only, nor the most important challenge for financial institutions to provide additional credit. Banks in such circumstances are concerned about the repayment of loans advanced. This was a key rationale for the launch of the R200 billion Loan Guarantee Scheme, as a joint effort by the Government, the SARB and commercial banks.

During the consultations, industry stakeholders advised that the emergency loan provisions of the Act would achieve similar objectives to the public interest credit agreement provisions; however further guidelines on the use of the emergency loan provisions would aid the industry.

In terms of the Act, an emergency loan is defined as a credit agreement entered into by a consumer to finance costs arising from or associated with—

• a death, illness or medical condition;
• unexpected loss or interruption of income; or
• catastrophic loss of or damage to home or property due to fire, theft, or natural disaster,

affecting the consumer, a person who is dependent upon the consumer or a person for whom the consumer is financially responsible.

In terms of the Act, no further regulation is required to enable use of the emergency loan provisions, however “reasonable proof of the existence of the emergency” must be obtained and retained by the credit provider. While such “reasonable proof” is not defined in the Act, the National Credit Regulator published a circular on 21 May 2020, to provide guidelines to credit providers on the issuance of emergency loans, and the documentation which constitute “reasonable proof”. These guidelines can be found on the website of the NCR at https://ncr.org.za/documents/Circulars/Circular-05-of-2020-%20Emergency%20Loan%20Guideline.pdf.

The emergency loan definition provides for relief for many of the challenges which consumers will be experiencing during this Covid-19 national disaster, and which may have been specified in any regulation or declaration regarding section 11. Following consultation, I have accepted advice that the emergency loan provisions should be utilised as it requires no additional legislation.

Subsequent to the publication of the emergency loans guidelines, officials from the Department have further engaged with credit providers. I am advised that credit providers have welcomed the guidelines published by the NCR and that BASA have reported that banks have begun to use the emergency loan provisions.

The Department will continue to engage with the sector on the efficacy on these measures. Should the emergency loan provisions in the Act fail to address the challenges which consumers are facing, I may consider which other measures would contribute, and this may include relooking the value of invoking section 11 of the Act to define certain credit agreements as public interest credit agreements.

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Reply:

a) The Federation presents information including the financial statements upon invitation by the Portfolio Committee on Sport, Arts and Culture

Reply:

Despite numerous reminders, SASCOC has not been able to furnish the Department with information required to respond to this question. . Most organisations are still closed due to National Lock Down due to Covid19

Reply:

The Minister of Public Works and Infrastructure:

(a) I have instituted investigations into this matter, and the Director-General for Public Works and Infrastructure (DPWI), Adv. Sam Vukela, has appointed an investigator. The investigation is currently underway.

(b) The DPWI procured the following hotels for the repatriates on the day,

• Capital Menlyn Maine Hotel

• Radisson Blu-Gautrain Hotel

(c) The Department of Health reportedly allocated the passengers to the available rooms at the following facilities;

• Eskom (70 rooms),

• Transnet Esselen park (80 rooms) and

• Telkom (30 rooms).

(d) (i) Negotiated cost per room for the Capital Menlyn Maine Hotel is R1138.50, and for the Radisson Blu Gautrain Hotel is R1000.00

(ii) DPWI did not contract with public facilities.

(e) (i) The Department informed me that DPWI did not incur any losses as no monies were paid in advance to the two hotels.

Reply:

(a) Post Level 1

PROVINCE	2017	2018	2019	TOTAL
EASTERN CAPE	60	215	150	425
FREE STATE	3	12	8	23
GAUTENG	3	2	12	17
KWAZULU/NATAL	80	105	127	312
LIMPOPO PROVINCE	76	116	3	195
MPUMALANGA	12	12	13	37
NORTH WEST	27	23	25	75
NORTHERN CAPE	14	20	14	48
WESTERN CAPE	5	5	24	34
TOTAL	280	510	376	1166

Source: PERSAL

 

(b) Post Level 2 

PROVINCE	2017	2018	2019	TOTAL
EASTERN CAPE	81	172	144	397
FREE STATE	13	28	19	60
GAUTENG	13	20	19	52
KWAZULU/NATAL	149	210	168	527
LIMPOPO PROVINCE	168	319	7	494
MPUMALANGA	28	55	47	130
NORTH WEST	49	51	64	164
NORTHERN CAPE	4	10	9	23
WESTERN CAPE	18	29	37	84
TOTAL	523	894	514	1931

Source: PERSAL