Questions and Replies
28 May 2020 - NW71
Hill-Lewis, Mr GG to ask the Minister of Finance
What is the position of the National Treasury on the proposals by the Congress of South African Trade Unions, which are alleged to be supported by the Minister of Public Enterprises, to commandeer R254 billion in funds from the Government Employees Pension Fund for the purposes of writing down Eskom’s debt?
Reply:
Government Employees Pension Fund’s (GEPF) Board of Trustees are fully mandated to make any investment decisions, in relation to the Fund. There is no requirement in terms of the Government Employee Pension Law, for the GEPF to consult with the National Treasury in making investment decisions. GEPF’s investment mandate outlines which type of investments can be made, the percentage allocation for each asset class, benchmarks and performance targets, among other guidelines. The investment decisions made by the GEPF should contribute to positive economic, social and environmental outcomes of South Africa, while earning good returns for members. These investments are regulated by the Financial Sector Conduct Authority, through the Financial Advisory and Intermediary Services (FAIS) Act.
28 May 2020 - NW387
van der Merwe, Ms LL to ask the Minister of Social Development
What was the total reimbursement amount to the SA Social Security Agency recipients who were defrauded of their grants in the past financial year?
Reply:
For the financial year 2019/20, a total of 22 497 cases of fraud from SASSA/SAPO card were reported. Of these, 18 278 have been reimbursed to the total value of R43 399 071, 76.
27 May 2020 - NW905
Faber, Mr WF to ask the Minister of Sports, Arts and Culture
(a) By what date does he envisage that team sports such as rugby, soccer and cricket, will be allowed to be practised in the Republic and (b) what mechanisms will his department put in place to ensure federations, leagues and clubs keep players of team sports safe from contracting Covid-19 while practising their respective sports?NW1191E
Reply:
a) The Government is already dealing with the matter of re-opening different sporting codes both non-contact and contact. This follows a series of meetings between the department and leaders of the sporting fraternity. A statement will be made at an appropriate time regarding this matter.
b) The Minister met with the Sporting sector on 17 March 2020 and articulated the responsibility entrusted to the sector in ensuring the protection of life during this time of the pandemic.
The Department has been communicating all COVID-19 related protocols to the Sports Confederation and Olympic Committee (SASCOC) for onward transmission to the Sports Federations. Here the codes were encouraged to develop measures based on the risk-based strategy in dealing with the pandemic.
The website of the Department has updated information and stakeholders are encouraged to note details.
Federations have furnished the Department with reports of the measures they have taken to address this pandemic.
Some Federations have also developed and furnished the Department with operational guidelines for their codes of Sport based on the risk-adjusted strategy.
27 May 2020 - NW903
Mpambo-Sibhukwana, Ms T to ask the Minister of Social Development
What (a) number of her department’s food parcels has she found was distributed in furtherance of a party political objective or other purposes instead of the intended purposes of disaster relief related to the national lockdown to curb the spread of Covid-19 and (b) action does she intend to take in this regard?
Reply:
a) To my knowledge there were no food parcels that were distributed in furtherance of a party political objective. Still, to my knowledge all the food that was distributed by the Department was targeted at addressing the intended purpose of disaster relief that is related to the national lockdown to curb the spread of CoVID-19.
b) As a result, there is no action necessary because no Departmental food parcels were distributed in furtherance of political party objectives.
27 May 2020 - NW895
Powell, Ms EL to ask the Minister of Human Settlements, Water and Sanitation
Whether any criminal charges have been laid against any person serving on her department’s National Rapid Response Task Team since 1 January 2020; if so, (a) against whom were charges laid and (b) on what basis in each case?
Reply:
I have not been informed of any criminal charges having been laid against any person currently serving on the National Rapid Response Task Team.
27 May 2020 - NW872
Basson, Mr LJ to ask the Minister of Home Affairs
(1) Whether his department will offer any form of Covid-19 financial or other relief to small businesses; if not, why not; if so, what are the relevant details; (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? NW1079E
Reply:
1. No, it is not within the mandate of the Department of Home Affairs to offer Covid-19 or other relief to small businesses.
2. Not applicable.
END
27 May 2020 - NW713
Tito, Ms LF to ask the Minister of Home Affairs
How does his department intend to protect asylum seekers whose applications were not processed before the lockdown to prevent the spread of COVID-19?
Reply:
Asylum seekers who make new applications on arrival reside in local communities. If there are new applicants who have entered the Republic as lockdown was declared, they will receive assistance in the communities where they reside.
It should be noted that the Republic has not abdicated its international obligations, especially to those who will declare their intention to apply for asylum, the principle of non-refoulment is fully applicable even under these circumstances we currently face and therefore Immigration Officials are expected to assist such persons should they encounter them during law enforcement operations.
END
27 May 2020 - NW295
Zungula, Mr V to ask the President of the Republic
(1)What total amount has been raised in pledges from various countries for the Republic since he became President on 15 February 2018; (2) whether the money has been invested in the Republic already; if not, why not; if so, what are the relevant details; (3) what are the details of the terms and conditions that he had to agree to in order for the pledges to be made?
Reply:
During my visits to the Kingdom of Saudi Arabia and the United Arab Emirates (UAE) in 2018, each of them pledged US$10 billion inward investment to South Africa. These investment pledges were premised on the presentation of projects by South Africa that would meet the requirements of each investor country.
Indications from Saudi Arabia were that its focus would be on the energy sector, specifically renewable and petrochemical infrastructure.
One of the projects identified as a major potential investment in South Africa by the government of the Kingdom of Saudi Arabia is a crude oil refinery and an associated petrochemical complex. This investment is expected to be in the order of $9 billion with Saudi Arabia committing to 50% of the estimated figure.
The Central Energy Fund and the National Oil Company of Saudi Arabia are developing the refinery project jointly. The Richards Bay Industrial Development Zone has been identified as the location for the refinery project by the investor, Saudi Aramco.
The project is currently at pre-feasibility stage, which is expected to be presented for approval by June 2020. This will be followed by a fully-fledged feasibility study.
The UAE had proposed a Joint Investment Fund to collectively decide on the allocation of investment toward mutually agreed projects. In order to ensure the investments were secured, government had established a Task Team to identify the applicable and specific projects for each investment pledge, in accordance with the relevant economic policies and strategies.
President Xi Jinping of the People’s Republic of China visited South Africa on a State Visit on 24 July 2018.
Pursuant to this visit, six government-to-government agreements were signed during the state visit, which are all accessible to the public on the website of the Department of International Relations and Cooperation (www.dirco.gov.za).
Two state owned enterprises – Eskom and Transnet – also entered into loan agreements with Chinese banks.
Eskom entered into a loan agreement with the China Development Bank for $2.5 billion to fund the construction of Kusile Power Station. The facility has a grace period of five years and thereafter the principal amount is repayable by Eskom in 20 instalments over a period of 10 years. There are no specific conditions for this loan.
Transnet entered into a R4 billion loan agreement with the Industrial and Commercial Bank of China to finance the general operating activities and certain capital expenditure of Transnet. The facility is a five-year, rand denominated, quarterly amortising loan, at a floating and competitive interest rate. The loan came with terms and conditions that are standard for this type of loan.
In addition, various commercial agreements were signed between Chinese entities and South African companies. The conditions attached to each of these agreements are a matter between the respective parties.
With regard to the China investments, the signatories are responsible for servicing the terms of the respective agreements.
27 May 2020 - NW517
Hendricks, Mr MGE to ask the Minister of Home Affairs
Whether, in light of the coronavirus pandemic in which Muslims are also affected by projected deaths as expected and that the legal framework which, as under apartheid, still gives no recognition to Muslim marriages and causes extreme difficulties to the surviving spouse and children to claim their rights to benefits (details furnished), he will consider the implementation of interim measures to restore the human dignity of the (a) Nikah or marriage ceremonies and (b) death certificate of Muslims as a result of coronavirus deaths, to state such a person as being legally married; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
The Republic of South Africa has three pieces of legislation of regulating solemnisation and registration of marriages (a) Marriage Act, 1961 (Act No. 25 of 1961), (b) Recognition of Customary Marriages Act, 998 (Act No. 120 of 1998) and (c) Civil Union Act, 2006 (Act No. 17 of 2006). The Department would not have powers to indicate that a person is married in the death certificate, whereas such is not the case in terms of the law. A marriage entered into in terms of Muslim rites is thus far not recognised in the South Africa. In this regard, the Department has embarked on discussions throughout the Republic regarding the development of a policy on marriages in order to find possible means to deal with all types of marriages and enact legislation that addresses some of the types of marriages or practices that may not be recognised as marriages. This process will culminate in a legislative process to address certain issues relating to different types of marriages.
The issue of rights to benefits may best be dealt with by the courts in the circumstances as it is beyond the Home Affairs portfolio.
END
27 May 2020 - NW801
Hendricks, Mr MGE to ask the Minister of Home Affairs
What prevents the Government from (a) affording legal recognition to Muslim marriages by using the same procedure that provides for the recognition of African customary marriages through the registration process at his department, while permitting for the Nikah certificate to be issued by an officiating Imam in the same way as the lobola certificate is issued by an African customary official such as an Induna, and (b) attributing the status of married on death certificates of such Muslims in instances of a de facto marriage(-s) having been in existence as opposed to the current not married status attributed to all Muslims who were exclusively married according to Muslim rites, particularly in instances of Muslims who succumb due to Covid-19 related deaths but also deaths resulting from other causes?
Reply:
Customary marriages are regulated by the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998) which provides for requirements for a valid customary marriage and registration thereof. In this regard, there is no power vested on Government to extend the provision of the Act to other types of marriages, as doing so will be acting ultra vires. A marriage entered into in terms of Muslim rites is thus far not recognised in the South Africa. In this regard, the Department has embarked on discussions throughout the Republic regarding the development of a policy on marriages in order to find possible means to deal with all types of marriages and enact legislation that addresses some of the types of marriages or practices that may not be recognised as marriages. This process will culminate in a legislative process to address certain issues relating to different types of marriages.
END
Remarks: Reply: Approved / Not Approved
Mr J W McKay Dr PA Motsoaledi, MP
A/Director-General Minister of Home Affairs
Date: Date:
27 May 2020 - NW711
Motsepe, Ms CCS to ask the Minister of Home Affairs
(1)(a) What are the reasons his department is no longer issuing birth certificates during the lockdown to prevent the spread of COVID-19 and (b) how does his department intend to deal with the backlog in birth certificate applications; (2) whether he has engaged (a) medical aid companies and (b) insurance brokers on the need to enrol new-borns without birth certificates; if not, why not; if so, what are the relevant details? NW915E
Reply:
1. a) The registration and issuance of birth certificates are regulated by the Births and Deaths Act (Act No 51 of 1992). The Births and Deaths Act requires births to be registered within 30 days. When the nation was under level 5 Lockdown, birth registration was temporarily suspended from 27 March to 03 May 2020. However, birth certificates were issued to those who are already registered on the system during the reporting period.
b) The Department set out a plan for children born from 26 February to 03 May 2020 to be registered at the Front Offices (backlog) and children that are born from 04 May 2020 onwards are registered at Health Facilities.
2) a) Medical aids were consulted and they confirmed there is no need.
b) The decision was taken to add birth registration to form part of Level 3 which then covers the plight by insurance companies.
END
27 May 2020 - NW907
Zungula, Mr V to ask the Minister of Home Affairs
Whether, with reference to the unemployment rate of nearly 30% before the outbreak of the Covid-19 pandemic and the likelihood that it will be higher after the pandemic passes, he will declare all persons who are not South African citizens and who are not in the Republic for their critical or scarce skills, illegal in the Republic; if not, what is the position in this regard; if so, by what date is it envisaged that such a declaration will be made?
Reply:
In terms of the Immigration Act, 2002 (Act No 13 of 2002), as amended, a visa or permanent residence may be withdrawn if good cause exists to do so, for example if the holder fails to comply with the provisions of the Act or terms and conditions of the visa or permanent residence permit. Such person must be notified in writing that the visa or permanent residence shall be cancelled for the reasons disclosed in the notice and that the holder is thereby ordered to leave the Republic within a period stated in that notice. Such person has a right to make representations to the Director-General which must be considered before making a decision. Furthermore, a permanent residence permit may be withdrawn if its holder is convicted of any of the offences listed in Schedules 1 and 2, or has been absent from the Republic for more than three years. The Act does not make provision for foreign nationals with valid work visas to be declared illegal on grounds of increased unemployment rate.
END
27 May 2020 - NW812
van der Merwe, Ms LL to ask the Minister of Home Affairs
(1)What is the unit price of the personal protective equipment (PPE) purchased for his staff and offices of his department nationwide in respect of each (a) mask, (b) sanitiser and (c) pair of gloves; (2) whether each Home Affairs office in each province received PPE; if not, will he furnish Ms L L van der Merwe with a list of offices that did not receive PPE; if so, what are the relevant details? NW1015E
Reply:
1) The unit price differed per supplier and per quantity / per unit of measured but it ranged as follows in terms of the attached spreadsheet:
a) mask (R2.13 - R2 450.00)
b) sanitiser (R9.65- R4025.00)
c) pair of gloves (R0.52- R13.85)
2) Each Home Affairs office in each province were provided with Personal Protective Equipment for each official.
END
27 May 2020 - NW813
van der Merwe, Ms LL to ask the Minister of Home Affairs
1. Whether he has been informed that persons are passing through the Beitbridge border post on a daily basis for shopping and other nonessential travel, while the border post should in fact be closed for nonessential traffic in line with the state of disaster regulations; 2. whether his department has found an increase in the number of undocumented migrants entering the Republic which is directly related to the Beitbridge border fence being compromised; if not, what is the position in this regard; if so, what are the relevant details; 3. whether his department has found that the 40 km border fence is adequate to help it to enforce the laws regulating entry into the Republic; if not, what is the position in this regard; if so, what are the relevant details? NW1016E
Reply:
1) No person is allowed entry/ departure which does not relate to essential services.
2) Yes, the number of arrests by SANDF is increasing. In April 2020, twenty-two (22) undocumented foreigners were arrested and by May 2020, the number of arrests has increased to three hundred and fifty-seven (357) undocumented nationals. The department is finalising deportation processes in this regard.
3) The Department of Home Affairs was not involved in the procurement of the border fence and a response should be requested from DPWI.
END
27 May 2020 - NW897
Ngwenya, Ms DB to ask the Minister of Social Development
(1)Whether the unemployment grant will be (a) permanent and (b) increased?
Reply:
1.
(a) The decision to introduce the CoVID-19 social relief fund is a Cabinet decision that stated that it should be administered for a period between May and October 2020.
(b) Cabinet has not entertained the idea of increasing this grant.
27 May 2020 - NW640
Tito, Ms LF to ask the Minister of Home Affairs
Whether the programme to check the number of matriculants who do not have identity documents has started; if not, (a) on what date is it envisaged to start and (b) in which province will it start?
Reply:
No, the programme has not started yet as it was planned to start on 28th March 2020 but had to be suspended due to the pronouncement of the lockdown by the President on 23 March 2020.
(a) The programme will resume as soon as the lockdown levels reach an acceptable level to open for such services.
(b) It will start with Free State Province as this was the Province that was earmarked for the pilot before the lockdown.
END
27 May 2020 - NW904
Faber, Mr WF to ask the Minister of Sports, Arts and Culture
What criteria or formula did his department use to determine that a blanket amount of R20 000 would be paid out to each artist and athlete who successfully applied for funding from the Covid-19 Sports, Arts and Culture Relief Fund?
Reply:
The Department emphasised that this was relief funding. Loss of income varies from individuals/company to individuals/companies and the need for equitable distribution within the sector was necessary. The Department resolved that R20 000.00 will be a ceiling across the board as an appropriate amount based on available budget as this is relief and not compensation, and need to assist as many athletes and creatives as possible.
27 May 2020 - NW898
Ngwenya, Ms DB to ask the Minister of Social Development
Whether her department continues to render the service of registration of beneficiaries during the lockdown period to curb the spread of Covid-19; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
The Department is not in the business of registering beneficiaries. Instead, it provides social services to its beneficiaries. Under the conditions that accompany the CoVID-19 pandemic, the Department and its entities provide services as determined by the regulations that are relevant to the different levels of the lockdown period.
27 May 2020 - NW896
Arries, Ms LH to ask the Minister of Social Development
What are the reasons that there is no form of acknowledgement when persons apply for social relief grants using the number 082 046 8553?
Reply:
a) It is incorrect of the Honourable Member to suggest that there is no form of acknowledgement when a person is applying for the social relief grant using the stated number.
b) There is an acknowledgement in the form of unique reference number that is sent to all successful applicants.
27 May 2020 - NW811
van der Merwe, Ms LL to ask the Minister of Home Affairs
(1) What number of temporary asylum-seeker permits (a) have been automatically renewed since the national state of disaster was declared and (b) have been active since 4 May 2020; (2) (a) what number of refugees are currently within the borders of the Republic and (b) from which country does each refugee originate? NW1014E
Reply:
1. a) None.
b) There are 118 842 asylum seekers with a permit expiry date after 4 May 2020.
2. a) As at 31 March 2020 there were 80 758 refugees with active section 24 certificates recorded on the National Immigration Information System (NIIS).
b)
Country |
Total |
Afghanistan |
8 |
Algeria |
4 |
Angola |
25 |
Bahamas |
1 |
Bangladesh |
206 |
Benin |
3 |
Bulgaria |
5 |
Burundi |
2737 |
Cambodia |
1 |
Cameroon |
341 |
Central African Republic |
9 |
Chad |
3 |
Comoros |
2 |
Congo |
4668 |
DRC |
24033 |
East Timor |
1 |
Egypt |
7 |
Eritrea |
1625 |
Estonia |
3 |
Ethiopia |
15853 |
Gabon |
1 |
Ghana |
7 |
Guinea Bissau |
1 |
India |
4 |
Iran |
1 |
Iraq |
15 |
Ivory Coast |
28 |
Jordan |
3 |
Kenya |
142 |
Lebanon |
1 |
Liberia |
48 |
Macau |
2 |
Malawi |
8 |
Mali |
5 |
Morocco |
4 |
Niger |
3 |
Nigeria |
11 |
Oman |
2 |
Pakistan |
11 |
Palestine |
40 |
Russia |
10 |
Rwanda |
1128 |
Saint Kitts and Nevis |
1 |
Senegal |
3 |
Serbia |
1 |
Sierra Leone |
21 |
Solomon Islands |
7 |
Somalia |
24972 |
Sri Lanka |
11 |
Sudan |
99 |
Swaziland |
7 |
Sweden |
1 |
Syria |
42 |
Tanzania |
35 |
Togo |
12 |
Turkey |
5 |
Uganda |
468 |
Ukraine |
3 |
Yemen |
3 |
Zambia |
60 |
Zimbabwe |
3997 |
Grand Total |
80758 |
END
26 May 2020 - NW859
Van Dyk, Ms V to ask the Minister of Sports, Arts and Culture
(1) Which (a) athletes and (b) teams who (i) were ranked within the top 50 in the world and (ii) qualified to compete in the (aa) Olympic, (bb) Paralympic, (cc) Youth and/or (dd) Commonwealth Games were not selected to represent the Republic in each of the respective games; (2) what were the reasons that they were not selected to represent the Republic in each case; (3) which body and/or individuals determined that they would not participate?
Reply:
- SASCOC requires more time retrieve this information which is made difficult by the lockdown.
26 May 2020 - NW860
Van Dyk, Ms V to ask the Minister of Sports, Arts and Culture
(a) What total amount of funding has been given to the building of each sporting (i) museum and (ii) academy since 1994 and (b) where is each specified museum and academy situated?
Reply:
The Department has not provided any funding for the building of (i) museum and (ii) academy since 1994.
We are working on the National Training Centre which will be located in Bloemfontein, Free State Province, However, the Honourable Member this is not an academy but a High Performance Centre.
25 May 2020 - NW582
Mente-Nkuna, Ms NV to ask the Minister of Basic Education
Whether, with reference to her reply to oral question 71 on 11 March 2020, she has intervened and finalised the investigation pertaining to service providers who are blocking the sanitation programme in schools in the Chris Hani District Municipality; if not, why not; if so, what are the relevant details of the progress of the intervention and investigation?
Reply:
As per the attached, this is the response to Parliamentary question 71 and does not correspond with the narrative as contained in question 582.
25 May 2020 - NW963
Mbhele, Mr ZN to ask the Minister of Cooperative Governance and Traditional Affairs
What documentation and/or permit is required specifically for essential and permitted goods and/or services sole proprietorships which operate during the lockdown to curb the Covid-19 pandemic, given that they cannot obtain an essential service permit from the Companies and Intellectual Property Commission, as they are not registered with that institution nor required to be?
Reply:
The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available
Thank you
25 May 2020 - NW882
Cachalia, Mr G K to ask the Minister of Sports, Arts and Culture
(1) Whether his department will offer any form of Covid-19 financial or other relief to small businesses; if not, why not; if so, what are the relevant details; (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?
Reply:
1. The call for applications for the Relief Fund for artists included individuals, organisations and SMMEs. SMMEs were not excluded from this call and therefore there has been an opportunity for small businesses to receive relief.
2. The COVID-19 relief fund was for all applicants and was not limited to small businesses governed by the BBBEE Act as specified in the question.
25 May 2020 - NW745
Graham-Maré, Ms SJ to ask the Minister of Public Works and Infrastructure
What mechanisms is her department putting in place to stimulate the construction sector in responding to the lockdown as a result of the COVID-19 pandemic in order to bring about (a) a phased reopening of the sector, (b) (i) the drafting of plans and (ii) implementation and enforcement of risk and mitigation plans sector-wide to prevent infections on sites, (c) the reopening of support organisations (details furnished) and (d) a plan around the infrastructure development spending that forms part of the medium-term expenditure framework?
Reply:
The Minister of Public Works and Infrastructure
(a) (b)(i)(ii) (c) (d) The Department of Public Works and Infrastructure (DPWI) has worked with National Command Council on COVID-19 (NCC) and the several work streams in the National Joint Operations and Intelligence Structure (NatJoints) to ensure the construction industry reopens as soon as possible. This included permitting all public works to resume in Level 4 and resuming construction industry on a greater scale during Level 3 from 1 June
The DPWI together with the Presidency’s Infrastructure and Investment Office is currently in the process of drafting an infrastructure economic recovery plan. This plan is aimed to stimulate and transform the construction industry increasing investment and economic participation, while investing in South Africa’s infrastructure.
As for DPWI’s entities:
AGREMENT SOUTH AFRICA
The entity has developed protocols for the return of staff members to the office. The protocols incorporate the requirement for staff to wear masks all the time; the suspension of physical meetings; screening of staff upon entry to the premises; and also managing the office space by making configurations to allow for physical distancing around common areas.
Agrement SA staff will for the most part continue to work remotely. The entity will apply the Business Continuity Plan, which incorporates the use of digital platforms to hold meetings, and applying digital options for various areas of the organisation’s operations. The organisation is exploring the feasibility of using electronic media to conduct scheduled quality inspection at sites where Agrement SA approved products are being used.
Council for the Built Environment (CBE)
The enity has developed Covid-19 Risk Mitigation measures for its employees which incorporate the following:
- Provising suitable cleaning materials and protective personal equipment for the cleaning staff.
- Provision of individual sanitizing products to staff members.
- Notices around the office space with warning for staff to ensure that they keep their masks on and to sanitize their hands frequently.
- Provision is also being made for all meetings to observe physical distancing requirements.
There have been interactions with key industry role players through their voluntary associations to develop plans to prevent infections on sites (although currently these sites are not yet opened due to the requirement for the construction sector to open up only at level 2 in terms of the Disaster Management Act regulations.)
The Professional Coucils have made preparations for the reopening of offices with phased return of staff to the office. Preparation have also been made for the office spaces to be Covid-19 safe, including deep cleaning of the offices, making a requirement for staff to wear masks all the time and sanitizing their hands frequently.
Construction Industry Development Board (CIDB)
On the phased reopening of the sector:
The CIDB will develop emergency procurement tools to fast track the backlogs in the infrastructure projects by helping clients to develop emergency procurement policies. Plans are underway for cidb and National Treasury to develop prescripts for advance payments on construction projects. The intention by cidb and National Treasury is to issue instructions to public sector clients to waive deposits for construction tenders.
A further planned intervention is the establishment of framework contracts to shorten the solicitation and evaluation periods. There will be additional support for the cidb Standard for Uniformity in Construction Procurement provisions through the categorisation of projects for streamlined and simplified evaluation criteria.
The cidb has implemented provisions to support contractors in terms of their registration with the cidb. Registration expiry dates have been extended. This enables contractors to be able to access opportunities during the lockdown and immediately after the lockdown.
The cidb has also developed a Covid-19 survey in collaboration with the University of Johannesburg to investigate the impact of the pandemic on the construction industry. This will assist the cidb in finding ways to help contractors mitigate the effect of the lockdown on their companies.
The drafting, implementation and enforcement of risk and mitigation plans sector-wide to prevent infections on sites:
The construction industry is known to be well organized and commitments by industry have been made. The Construction Health and Safety Accord signed by Government, Organised Labour and Organised Business further reinforces the considerations to prevent infections on sites.
Despite having and complying with the occupational health and safety laws and regulations, the industry will put additional measures in place to ensure the health and safety of employees on sites.
The mitigation measures relate to the following risks:
• Travelling to work on public transport
• Site access by non-employees
• Personal Hygiene on sites
• Adequacy of Personal Protective Equipment (PPE)
• Safety at Site meetings
The specific risk mitigation measures include:
• Keeping contractors informed of all new safety related legislations.
• Constant Health and safety presentations, seminars and conferences.
• Inform industry and the Department of Labour of relevant incident/accident statistics including costs and recommend preventative action.
• Assist and advise contractors on how to improve their safety management programme.
• Arrange safety related training courses for contractors and their employees off site.
• Assist contractors as and when required with incident and accident investigations and reports.
Independent Development Trust (IDT)
The IDT has developed and is already implementing a Back to Work Readiness Plan with clearly articulated guidelines for all its staff. The plan entails, among others, preparing and resourcing of the workplace to ensure that it is fully compliant with the published Department of Employment and Labour’s Workplace Preparedness guidelines. As part of the Plan, the return of staff to work is being staggered, augmented by remote work arrangements for certain categories of staff, where deemed necessary. The entity also has a Steering Committee in place that is monitoring and assessing daily the implementation of the Back to Work Readiness Plan.
25 May 2020 - NW737
Waters, Mr M to ask the Minister of Trade, Industry and Competition
Whether, with reference to the State of the Nation Address on 7 February 2019 in which the President of the Republic, Mr MC Ramaphosa, stated that all taverns, shebeens and liquor outlets near school premises must be shut down, any of the specified outlets near school premises have been shut down; if not, why not; if so, what number of the specified outlets (a) have been closed since the specified pronouncement and (b) within 500 meters of a school and/or educational institution are not yet shut down?
Reply:
The Department does not currently collect data on the location of taverns, shebeens and liquor outlets, as the regulation of such entities is the responsibility of provincial authorities.
The macro manufacturing and distribution of liquor in terms of the Liquor Act, 2003 (Act No. 59 of 2003) is regulated by the dtic; whereas the Provincial Liquor Boards are mandated to regulate the micro manufacturing and retail liquor sector in terms of their specified legislation. In terms of the relevant legislation the responsibility of closing down taverns, shebeens and liquor outlets is the responsibility of Provincial Liquor Boards.
Having given the matter consideration, I have now requested the Department to contact the provincial regulators and ask for information to be compiled on the matter and for the Department to provide me with advice regarding further steps that national government may need to take in light of such information.
-END-
25 May 2020 - NW863
Kruger, Mr HC to ask the Minister of Basic Education
(1) Whether her department will offer any form of Covid-19 financial and/or other relief to small businesses; if not, why not; if so, what are the relevant details; (2) whether the Covid-19 financial and/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 she or her 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?
Reply:
(1) No, there is no provision in the departmental budget for relief to small businesses. The Department's mandate does not include the provision of relief to small businesses
(2) N/A
(a) N/A
(b) N/A
25 May 2020 - NW724
Macpherson, Mr DW to ask the Minister of Trade, Industry and Competition
(1) With reference to the call by his department for public comments on the Government’s Draft Framework for the Risk-Adjusted Strategy to bring different sectors of the economy back to work, what role does his department play in reviewing submissions received from members of the public in determining the schedule of services to be phased in on each level of the Government’s Draft Framework for the Risk-Adjusted Strategy; (2) whether his department plays any role in monitoring the submissions received from members of the public via the (a) [email protected] and (b) [email protected] electronic mail addresses; if not, in each case, why not; if so, what are the relevant details in each case; (3) what (a) changes have been made to the schedule of services to be phased in on each level of the Government’s Draft Framework for the Risk-Adjusted Strategy due to the submissions received from members of the public and (b) was the reason for each change; (4) what criteria will be used to measure the success or failure of each level proposed for each economic sector?
Reply:
The Department of Trade, Industry and Competition has supported the work of Government in reviewing submissions which were received during the public consultation process. In particular, the dtic reviewed a number of submissions received from individual businesses, business associations and trade union.
Officials from the DTIC were given access to review submissions received from individual businesses, business associations and trade unions, largely directed to the [email protected] email address. A team of officials from the Department, including from InvestSA and the Industrial Development Division were assigned to review such submissions.
A number of changes were made to the schedule of services which were phased in under Alert Level 4 and for the schedule recommended for Alert level 3. These changes were based on the feedback received both from individual businesses, business associations, trade unions and from the public. In some cases, the submissions required further consultations with businesses and trade unions. Some of the submissions were in favour of specific proposals and these were taken into account in the process.
To illustrate with a few examples:
- Changes were made in the wording of some sector descriptions and arrangements (for example in agriculture);
- Certain sectors or activities were more explicitly addressed in the framework covering those goods which could be manufactured at different levels of employment
- Value-chain linkages were more clearly addressed
- The minimum level of manufacturing enabled in level 4 was increased as a result of the submissions
- The sale of hardware, components and supplies were made more widely available to all consumers; and
- The opening up of eCommerce to sell goods other than those available in retail stores was also provided
In addition to these changes effected in Level 4, the submissions assisted Government in the drafting of the framework for level 3.
The incremental opening of certain sectors of the economy is intended to limit the spread of the virus, and to ensure that any spikes in infections can be identified and managed. In addition, it has enabled a greater level of preparedness in society and in the health system than was the case at the start of the pandemic in South Africa.
The dtic has been working closely with industry from manufacturing, construction and retail to get updates on infections and to identify solutions which can be rolled out to the industry.
The success of each level proposed, and the allocation of economic sectors in particular levels, is measured by the contribution to containing the spread of the virus and flattening of the curve of infections. Where necessary, changes are made to the extent of economic activity to the wider objectives of saving lives and protecting livelihoods.
The industry classification system was explained at a joint meeting of Parliamentary Committees on 1 May 2020, setting out criteria and the application of the three systems in the country moving from Level 5 to Level 4. The President announced recently that the country would move to Alert level 3, which will enable additional industrial sectors to return to full production.
Government has engaged with a number of organisations, from business associations, trade unions, political parties, premiers of provinces, individual businesses and religious institutions to receive feedback on the systems and to consider representations on proposed changes.
These have contributed to finalising the economic activity which will be enabled under Level 3.
-END-
25 May 2020 - NW939
Luthuli, Mr BN to ask the Minister of Cooperative Governance and Traditional Affairs
Whether, in light of the rationality of some of the regulations and conditions of the Covid-19 state of disaster lockdown and taking into consideration the constitutional values of accountability, responsiveness and openness, her department has any policy in place that makes it imperative that regulations are accompanied by clear and concise explanations that enunciate the rationality of their aim; if not, why not; if so, what are the relevant details?
Reply:
The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available
Thank you
25 May 2020 - NW788
Graham-Maré, Ms SJ to ask the Minister of Public Works and Infrastructure
(1) Who is responsible for the payment made to the private hotels and accommodation establishments that have been identified for use as quarantine facilities around the Republic to supplement her department’s properties; (2) whether any intermediaries such as a travel agent are being used to identify and book the specified sites; if not, what is the position in this regard; if so, (a) why is an intermediary required and (b) what are the average fees of the intermediaries; (3) whether the Government is paying the full rates for the sites; if not, what are the details of the (a) type of discount that the sites are providing and (b) suite of services that the sites are offering?
Reply:
1. The Department of Public Works and Infrastructure is responsible for the payment to be made to the private hotels and accommodation establishment that have been identified and contracted by the Department based on the requirements of National Department of Health for use as quarantine facilities. No payment has been made thus far for any facility.
2. No intermediaries are used. The Departments Supply Chain Management Logistics Section is utilised for booking the hotels. The SCM unit utilises a DPWI Master Database List to identify quarantine facilities and invite quotes.
3. Government is not paying the full rates for sites.
(a) The rates paid by government have been negotiated between National Treasury, Department of Tourism, Tourism Business Council of South Africa (TBCSA) and the Industry represented by Federated Hospitality Association of South Africa (FEDHASA). These rates are discounted and below the standard rate offered to government as per Star grading of the sites. Rates are per room.
aa. 1 Star R850-00 single and R1035-00 sharing (exclu VAT)
bb. 2 Star R950-00 single and R1135-00 sharing (exclu VAT)
cc. 3 Star R1050-00 single and R1235-00 sharing (exclu VAT)
dd. 4 Star R1200-00 single and R1385-00 sharing (exclu VAT)
(b) Services offered are dinner, lunch and breakfast included in the above rates.
25 May 2020 - NW483
Powell, Ms EL to ask the Minister of Human Settlements, Water and Sanitation
Whether her (a) department and/or (b) Office has (i) employed and/or (ii) awarded an employment contract to a certain person (name and details furnished)?
Reply:
The person referred to by the Honourable Member is a member of the Advisory Committee on the Stabilisation and Efficient Functioning of the Water Sector appointed by the Minister in terms of chapter 9 of the National Water Act (Act no 36 of 1998) to advise the Minister and the acting Director-General on the following:
- The financial management and functioning of institutions within the Water Sector;
- The effective and efficient functioning of supply chain management within institutions in the Water Sector;
- Investigations into maladministration, fraud and corruption, audit findings and any other misconduct related matters;
- General human resource and governance related matters;
- General labour relation matters, including the fast tracking of outstanding, pending and new disciplinary cases;
- Analysis, development and advice on the introduction of policy, systems, business processes and standard operation processes that contribute to the stabilisation and efficient functioning of identified areas or components; and
- To advise the Minister or Director General on any matter that is referred to the Advisory Committee by the Minister or Director General that will promote the effective and efficient functioning of institutions and components of institutions within the Water Sector.
25 May 2020 - NW709
Madlingozi, Mr BS to ask the Minister of Trade, Industry and Competition
What are the criteria by which the Company and Intellectual Property Commission allowed Uzalo to continue shooting follow-up episodes during the lockdown period to prevent the spread of COVID-19, while blocking others from doing the same? [
Reply:
The CIPC is not empowered to authorize companies to operate during the lockdown period. It provided a service to companies registered under the Companies Act, to lodge their details as an essential service during the lockdown, based on self-declaration.
A certificate was issued to companies which registered, which enables easier identification of companies whose management believes they are services permitted to operate during periods when the Regulations issued under the Disaster Management Act limited such types of services.
The CIPC websites and certificates were required to state that registration (and possession of the certificate) does not constitute proof of compliance with the Regulations, but was simply proof that the management believed they comply with Regulations as set out above.
Some false or incorrect declarations were made and when these were brought to the attention of the CIPC, the certificates were rescinded.
I am advised that in the matter of Uzalo, the certificate was revoked on 3 May 2020.
-END-
25 May 2020 - NW595
Yako, Ms Y to ask the Minister of Trade and Industry
(a) What percentage of black women-owned businesses does the Industrial Development Corporation fund, (b) in what sectors are the women-owned businesses and (c) how does the specified percentage compare with the other demographics?
Reply:
THE NATIONAL ASSEMBLY
I have been provided with the following reply by the IDC:
- & (c)
(b)
Black women |
||||
Sector |
Value of approvals (R'm) |
Number of approvals |
||
|
>25% |
>50% |
>25% |
>50% |
Agro Processing & Agriculture |
324 |
66 |
14 |
6 |
Basic Metals and Mining |
5,643 |
1,847 |
15 |
6 |
Clothing & Textiles |
121 |
4 |
18 |
5 |
Basic & Speciality Chemicals |
725 |
508 |
13 |
8 |
Chemical Products & Pharmaceuticals |
204 |
66 |
17 |
10 |
Machinery & Equipment |
948 |
635 |
20 |
12 |
Automotive & Transport Equipment |
684 |
356 |
14 |
8 |
Heavy Manufacturing |
459 |
202 |
21 |
9 |
Light Manufacturing & Tourism |
1,030 |
699 |
19 |
13 |
Industrial Infrastructure |
808 |
127 |
11 |
5 |
Media and Audio Visual |
585 |
89 |
12 |
6 |
Other |
110 |
110 |
3 |
3 |
Total |
11,642 |
4,708 |
177 |
91 |
(c)
Refer to above.
____________________
Mr L October
Director-General: Department of Trade, Industry and Competition (the dtic)
_____/_____/2020
Supported / Not Supported
____________________
Mr E Patel
Minister of Trade, Industry and Competition
____/____/2020
Approved / Not Approved
25 May 2020 - NW383
Yako, Ms Y to ask the Minister of Trade and Industry
Whether the Government has managed to achieve the targets it set itself to achieve through the Black Economic Empowerment programme in the past 10 years; if not, what is the position in this regard; if so, what are the further relevant details?
Reply:
Over the past 10 years, there has been a significant expansion in the number of black South Africans who were able to access business opportunities or skills enhancement, as a result of BB-BEE programmes.
These included programmes such as
- The Black Industrialist programme promoted by the DTIC and the IDC (Industrial Development Corporation).
- Sector Charters and BEE Codes
- Development Funds introduced through settlements under the Competition Act
- Equity-equivalent programmes introduced for multinational corporations
- Preferential policies used in state procurement
- Support rendered to businesses by the National Empowerment Fund
I have requested that detailed information aggregating the impact of the various policies be prepared for public release and initial results were made available at a public conference hosted by the Black Business Council in March this year. It showed very large levels of funds deployed to promoting wider empowerment across the society.
I intend to release an updated version of the study during the Budget Vote of the Department.
Taken as a whole, while there has been enormous progress in expanding the base of the economy, there are still significant gaps and much remains to be done to build a truly inclusive economy.
Young people are disproportionately represented in the ranks of the unemployed. The presence of women in core productive sectors remain well below what is needed for the country to fully utilize the talents of one half of the population.
Levels of economic concentration remain unusually high in a number of sectors and recent changes in the competition laws are intended to address these.
For the period ahead, we need to:
- improve the implementation of existing policy, including through strengthening the quality of the BEE ‘book’ through stronger business support services and maintaining transparency on beneficiaries.
- scale up the successes of public policy in promoting sustainable empowerment, with resources allocated from the Budget to achieve this
- address challenges in the structure of the economy and the practices that inhibit the participation of SMMES and black entrepreneurs in the economy.
The new Competition Act focuses for the first time on market structure, and the high levels of economic concentration in many parts of the economy. It does not prohibit economic concentration or seek to break up large companies, because in a globalised world and indeed for the success of the African Continental Free Trade Area, the continent will need industrial champions with the scale and size to be successful and to compete with the world’s large US, German, Chinese and Indian companies.
The new provisions of the Competition Act places the impact of structure or concentration of markets, on the entry of SMEs and Black South Africans in a sector. Where concentration acts as an inhibitor that prevents of limits entry and participation, the law now gives the Competition Commission the power to effect remedies.
The law has also been changed to address problems where large suppliers discriminate against SMEs on prices and unfair trading conditions. For example, if a large bakery sells bread at a significantly cheaper price to a large retailer with stores in a township, and sells the same bread at a much higher price to spaza shops and if the effect of this is to prevent a class of small businesses from participating in the market, it would be subject to investigation and remedy.
The law now addresses abuse of power by dominant firms who are buyers: for example retailers in relation to small suppliers; or insurance companies in relation to the panels of authorised panel-beaters.
The price-discrimination and buyer power provisions are intended to assist black-owned companies that have less than 20% of any given market.
These measures are directed at addressing both structural barriers, and conduct of dominant firms that inhibit smaller, newer and in many cases, black-owned firms from gaining a foothold in the market and then expanding.
-END-
25 May 2020 - NW891
Hendricks, Mr MGE to ask the Minister of Cooperative Governance and Traditional Affairs
(1)In light of the fact that the Traditional and Khoisan Leadership Act, Act 3 of 2019, does not recognise Khoi-San kingship and queenship, how will (a) the provisioning of budget be allocated to the Khoi-San tribes and (b) accountability of the budget be determined; (2) on what date is it envisaged that the handbook will be made available, stipulating clear guidelines of the Government’s expectations of the Khoi-San as traditional leaders; (3) whether the handbook will be published in Afrikaans, which is a language that the Khoisan people are fluent in; if not, what is the position in this regard; if so, what are the further relevant details? NW1099E
Reply:
The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available
Thank you
25 May 2020 - NW918
Groenewald, Dr PJ to ask the Minister of Cooperative Governance and Traditional Affairs
(1)Whether, with reference to her stock replies to question 449 on 16 September 2019, question 1502 on 2 December 2019 and question 130 on 19 March 2020, she exercises any executive responsibility over metropolitan municipalities in respect of firearms and ammunition of such metros that are stolen and/or lost by its metro police; if not, what is the position in this regard; if so, on what date is it envisaged that the information requested in the specified questions will be made available; (2) whether she will make a statement on the matter?
Reply:
The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available
Thank you
25 May 2020 - NW413
Powell, Ms EL to ask the Minister of Human Settlements, Water and Sanitation
In view of the Mpophomeni station system which recently collapsed resulting in sewage leaking into Midmar Dam (details furnished), (a) what steps does she intend to take to bring immediate relief to this situation and, following the recent announcement by uMngeni Water that R388 million would be allocated to upgrade and recommission the Mpophomeni Works (details furnished), (b) by what date will the R388 million upgrade of the Mpophomeni Works by uMngeni Water be completed?
Reply:
(a) The Department of Water and Sanitation (DWS) had on 05 December 2019 issued a Notice of Intention to Issue a Directive in terms of Section 19 (3) of the National Water Act, 1998 (Act No. 36 of 1998) to UMgungundlovu District Municipality (UMDM); the Notice was alerting the UMgungundlovu District Municipality about the contraventions of polluting water resources and the remedial actions that need to be undertaken.
- A follow up inspection was undertaken on 24 January 2020 to ensure compliance with the issued Notice and it was found that the manholes that were blocked and overflowing were fixed.
- There are still recurrences due to insufficient capacity of the existing system and challenges with aging infrastructure. To rectify this, UMgungundlovu District Municipality has commenced with a project of upgrading the Mpophomeni sewer reticulation system on 1 April 2020. This project is separate from the Mpophomeni WWTW upgrade and will be undertaken in parallel.
(b) The upgrade of Mpophomeni WWTW commenced in January 2020 and will be completed in the course of 2022.
25 May 2020 - NW799
Faber, Mr WF to ask the Minister of Arts and Culture
(1) Whether his department has taken any steps to implement his announcement that playhouses will be made available for artists to perform live streaming activities; if not, why not; if so, what are the relevant details; (2) whether the playhouses will be involved in creating online platforms; if so, how will it be put in practice as the sector does not render an essential service; (3) whether any partnerships have been forged with the SA Broadcasting Corporation to televise performances in addition to live streaming?
Reply:
1. Yes. The Directive was gazetted. The Director General had a meeting with the CEOs of Performing Arts Institutions and the legal team on the 9th May 2020 to address implementation.
2. Yes, if they have their own content or projects they need to implement. They will bring these to the attention of the Department; some have done so already, for consideration and inclusion in the relief programme of the Department.
3. Not yet, however engagements have been initiated and are ongoing in line with promotion of local content. The DG has held meetings and also wrote letters in this regard to all broadcasters.
25 May 2020 - NW654
Macpherson, Mr DW to ask the Minister of Trade and Industry
Whether, as a participant on the board of the Solidarity Fund, he can provide details as to whether distributions from the fund or procurement by the fund are subject to Broad-based Black Economic Empowerment policies and legislation; if not, what is the position in this regard; if so, what is the rationale for this? NW856E
Reply:
The Solidarity Fund was created on 23 March 2020 to respond to the COVID-19 crisis in South Africa. It is a platform for the general public, civil society and the public and private sector to contribute to the consolidated effort to fund various initiatives.
Ms Gloria Serobe is the Chairperson, Mr Adrian Enthoven serves as the Deputy Chairperson and Ms Nomkhita Nqweni is the interim CEO.
The Fund works closely with government and business, but it is independent of both of them. It is responsible for and controls the funds donated and is accountable for them, with Old Mutual administering the funds on a pro bono basis.
Full governance documentation can be found on the website of the fund at https://www.solidarityfund.co.za/Solidarity_Fund_Governance_Overview_V20200419.1.pdf.
Contributions to the Fund are utilised for four purposes, namely to
- Prevent the spread of the infection by supporting campaigns and communication measures to flatten the curve
- Detect and understand the magnitude of the disease through the supply of testing kits and research
- Care for those in hospital or medical care by ensuring a supply of PPE (Personal Protective Equipment) and
- Support those whose lives have been disrupted by the pandemic through the support of feeding and shelter programmes across the country.
The Honourable Member is encouraged to direct the question of the policies of the Fund to its Chief Executive Officer or to the Chairperson of the Fund.
-END-
25 May 2020 - NW980
Hoosen, Mr MH to ask the Minister of Cooperative Governance and Traditional Affairs
(1)With reference to the R20 billion allocated to municipalities from the R500 billion economic support package for relief during the Covid-19 pandemic, (a) what is the breakdown of allocations for each municipality, (b) what are the conditions for spending that her department has set for each grant recipient and (c) on what date was each grant transferred to each recipient; (2) whether she will furnish Mr M H Hoosen with a copy of the spending plans of each municipality; if not, why not, if so, on what date? NW1269E
Reply:
The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available
Thank you
25 May 2020 - NW779
Macpherson, Mr DW to ask the Minister of Trade, Industry and Competition
What (a) number of applications have been received for funding relief through the (i) Manufacturing Competitiveness Enhancement Programme COVID-19 Fund for Essential Supplies, (ii) Relief Funding for Companies in COVID-19 Distress and (iii) COVID-19 Black Business Funding Solutions in each province to date, (b) number of the specified applications have been (i) approved and (ii) rejected in each case in each province and (c) was the Rand value of each (i) approved and (ii) rejected application in each case in each province?
Reply:
I am advised as follows:
The COVID-19 Black Business Fund administered by the National Empowerment Fund (NEF) received over 250 applications totalling R700 million with approximately 30% of the applications from Gauteng, 20% from the Western Cape, 20% from KwaZulu-Natal and the balance from the other 6 provinces. A total of 12 applications valued at R78 million have been approved since inception of the Fund - of which 4 of the applications are from Gauteng; 5 from KwaZulu-Natal; and 3 from the Western Cape. Transactions valued at approximately R400 million have been declined for various reasons including applicants not being manufacturers of essential products.
Table 1 below outlines the performance of the Manufacturing Competitiveness Enhancement Programme (MCEP) COVID-19 Essential Supplies and COVID-19 Distress Funding administered by the Industrial Development Corporation (IDC) since inception up to 08 May 2020.
Table 1
-END-
25 May 2020 - NW587
Montwedi, Mr Mk to ask the Minister of Mineral Resources and Energy
What measures did his department put in place to monitor working conditions in mines to ensure that workers are protected from COVID-19 before granting Sibanye Mine in Rustenburg and other mining companies permission to resume work?
Reply:
1. The Department has consulted with organised labour and organised business regarding the possible impact of COVID-19 in the mining sector.
2. The Department has made inputs into the recent amendments of the Regulations of the Disaster Management Act (DMA), issued in terms of Section 27(2) of the same Act and published by the Minister of COGTA on the 17th April 2020. Please take particular note of the insertion of Regulation 11K which deals with Mining Operations.
2.1 Regulation 11K.(1) of DMA states:
Mining operations, as referred to in paragraph 22 of Part B of Annexure B, must be conducted at a reduced capacity of not more than 50% during the period of lockdown, and thereafter at increasing capacity as determined by direction issued by the Cabinet member responsible for mineral resources and energy.
2.2 Regulation 11K.(2) of DMA states:
The following conditions apply to the starting and increasing of capacity:
a) A rigorous screening and testing program must be implemented as employees return to work;
b) The mining industry must provide quarantine facilities for employees who have tested positive for the COVID-19;
c) Data collected during the screening and testing programme must be submitted to the relevant authority;
d) Mining companies must make arrangements to transport their South African employees from their homes to their respective areas of operations;
e) Workers from neighbouring Southern African Development Community countries must be recalled to their place of employment at the end of lockdown in their respective countries in accordance with these Regulations and regulations applicable in those countries.
2.3 Regulation 11K.(3) of DMA states:
The monitoring and impact assessment of seismicity through the Council for Geoscience must be intensified with immediate effect.
3. The Department through the Chief Inspector of Mines has also directed the South African Mining Industry (SAMI) to prevent the spread of COVID-19 in the following communique issued to mining companies:
3.1 Guiding principles on prevention & management of COVID-19 in SAMI
3.2 Request for protocol on prevention & management of COVID-19 in SAMI
3.3 Safe start-up procedure of mines by employers and employees.
4. The Department has identified all Inspectors of Mines as essential service and were issued with Lockdown Permits to ensure that health and safety of mineworkers is not compromised even during this pandemic.
5. Inspectors of Mines remain on duty during the lockdown and conduct mainly unannounced visits at various mines particularly at high risk mines, to check the mines compliance to the Mine Health and Safety Act and other relevant prescripts such as “Lockdown” regulations.
Chief Inspector Mines
Date:
Recommended / Not Recommended
Advocate T S Mokoena
Director General: Department of Mineral Resources and Energy
………………/………………/2020
Approved/Not Approved
Mr SG Mantashe, MP
Minister of Mineral Resource and Energy
Date Submitted:-……………/………………/2020
25 May 2020 - NW861
Van Dyk, Ms V to ask the Minister of Sports, Arts and Culture
(1) What (a) is the total amount of (i) salaries, (ii) allowances and (iii) bonuses that were paid by each national sports federation in the past three financial years and (b) are the names of each person such monies were paid to; (2) (a) what amount was spent by each national sports federation on (i) local and (ii) international trips, including (aa) flights, (bb) accommodation and (cc) subsistence allowance in the past three financial years and (b) what amount did each national sports federation spend on the development of their respective sports in the specified period?
Reply:
The National Federations are unable to provide the requested information due to the lockdown as they need to retrieve the information from the archives and records.
25 May 2020 - NW787
Graham-Maré, Ms SJ to ask the Minister of Public Works and Infrastructure
In light of the fact that her Department has been tasked with identifying potential quarantine sites for the Covid-19 crisis, what (a) is the mandate of her Department with regard to (i) ensuring suitability of identified sites with the requirements of the Department of Health, (ii) the upgrading of sites to ensure their habitability and (iii) equipping sites with beds, bedding and other requirements and (b) are the costs associated with any of the specified activities?
Reply:
Minister of Public Works and Infrastructure
On 18 March 2020 Minister for Cooperative Governance and Traditional Affairs issued regulations of Section 27 (2) of the Disaster Management Act, 2002 and new regulations were published on 29 April 2020.
Regulation 7(3) of the Regulations published on 29 April 2020 mandates the Minister of Public Works and Infrastructure concurrently with the Members of the Executive Council responsible for Public Works and the accounting officers of municipalities to identify and make available sites to be used as isolation and quarantine facilities as the need arises.
- (i) The Department of Public Works and Infrastructure (DPWI) is responsible for repairing and refurbishing sites from the Department’s immovable asset register which have been approved by Department of Health (DoH) as meeting the basic requirements to serve as quarantine or isolation site. Provinces and Municipalities are responsible for sites they identify. The DoH ensure the suitability of privately owned sites.
- DPWI upgrades identified sites from the Department’s immovable asset register which have been approved by the DoH to ensure habitability. The Department only executes the upgrading project upon approval of the site by the DoH as meeting the basic requirements.
- DPWI provide beds and linen for sites from the Department’s immovable asset register that have been assessed and approved by the Department of Health as suitable to be used as quarantine or isolation sites.
- From the list of 39 sites, two were approved by the Department of Health and the total costs associated with:
- repair and refurbishment is R4 266 453.64
- provision of beds and linen is R737 291.45
25 May 2020 - NW929
Groenewald, Mr IM to ask the Minister of Cooperative Governance and Traditional Affairs
(1)Whether her department awarded any tenders connected to the Covid-19 pandemic; if not, what is the position in this regard; if so, what (a) are the names of the businesses to whom these tenders were awarded, (b) are the amounts of each tender awarded and (c) was the service and/or product to be supplied by each business; (2) whether there was any deviation from the standard supply chain management procedures in the awarding of the tenders; if so, (a) why and (b) what are the relevant details in each case; (3) what was the reason for which each specified business was awarded the specified tender; (4) whether she will make a statement on the matter? NW1218E
Reply:
1. (a)(b)(c) (2)
The Department did not award any tender for COVID-19 pandemic. Personnel Protective Clothing to fight against COVID-19 is provided for in an existing contract for hygiene and cleaning services which was awarded on the 1st of April 2018 and ending on the 31st of May 2021.
The Department did not deviate from standard supply chain management procedures in awarding of tender/s in connection with COVID-19.
3. Not applicable.
4. Not applicable.
25 May 2020 - NW609
Singh, Mr N to ask the Minister of Trade, Industry and Competition
Whether the Broad-Based Black Economic Empowerment (B-BBEE) Commission has published a list of fees for the 2020 financial year in accordance with the Broad-Based Black Economic Empowerment Amendment Act, 2013 (Act No. 46 of 2013) and the Regulations of 2016 regarding the submission of B-BBEE compliance certificates for all companies; if not, why not; if so, what is the full breakdown of the fees applicable to all companies; (2) Whether consultants, who assist and assess the compliance of companies applying for B-BBEE certification, have a regulated fee structure; if not, why not; if so, what are the relevant details; (3) Whether the B-BBEE commission will consider extending the validity of the 2019 certificates to include 2020, in order to provide further financial relief to small business during this period as the costs of obtaining such certificates are substantial and will impact already heavily burdened operating costs of small, medium and micro enterprises; if not, why not; if so, what are the relevant details? [
Reply:
(1) The Commission is financed from money appropriated by Parliament for the Commission and any money lawfully received from any other source. The B-BBEE Regulations permit the Commission to charge a reasonable fee for services rendered by its office, except for complaints, after publishing a schedule of fees by notice in the Gazette.
During the first three years of operation, the Commission focused on putting in place systems and processes to promote, advocate and raise awareness of the B-BBEE Act and its requirements and to support proper implementation of the legislation.
This was done at no cost during this period in order to promote the understanding of the B-BBEE Act and its requirements to encourage voluntary compliance.
I am advised that the Commission has therefore not published the schedule of fees yet, which means the services directly rendered by the Commission is currently free.
The Commission planned to commence consultation processes for the publication of the schedule of fees for its services in this financial year.
(2) Section 1 of the B-BBEE Act refers to the appointment of a B-BBEE Verification Professional Regulator by the Minister, which is a body that is responsible for accreditation and authorisation of a B-BBEE Verification Professionals.
The B-BBEE Act has in section 1 further defined a B-BBEE Verification Professional as a person who performs any work in connection with rating the status of enterprises in terms of B-BBEE compliance on the authority of, or for a rating agency accredited by, a B-BBEE Verification Regulator.
Therefore, by definition consultants are excluded from conducting any B-BBEE verification and/or issuing of B-BBEE Certificates.
The South African National Accreditation System (SANAS) currently serves as the B-BBEE Verification Professional Regulator.
There is currently no regulation of fees charged by B-BBEE Verification Professionals
It is only the Construction Sector Charter Council that has issued a guideline around nominal fees that can be charged for construction-based entities that fall within the category of Exempted Micro-Enterprise (EME) and Qualifying Small Enterprises (QSEs).
(3) B-BBEE Certificates are valid for twelve (12) months.
Regarding the relief of costs of verification for small enterprises, the B-BBEE Act through the Codes has already granted an exemption to EMEs (entities with an annual turnover of less than R10 million) by indicating that they are not to be subjected to a B-BBEE verification process, as part of government’s initiative to ease the cost of doing business for small businesses.
Such entities receive automatic B-BBEE recognition levels and are only required to use a B-BBEE sworn affidavit or a certificate issued by the Companies and Intellectual Property (CIPC) confirming their turnover and level of black ownership. Such recognition is at no cost to the enterprises concerned.
In addition, 51% and 100% black owned and controlled QSEs (entities with an annual turnover of above R10 million but less R50 million) have also been exempted from being subjected to a B-BBEE verification process, and only use a sworn affidavit. The CIPC certificate option is currently not available to 51% and 100% black owned QSEs. It is only EMEs and start-up enterprises that can obtain a CIPC certificate.
Therefore, the costs of B-BBEE verification only apply to QSEs that are less than 51% black owned as well as large entities (entities with an annual turnover of R50 million and above).
In light of the above, I will request advice regarding the proposal for the extension of the validity of the 2019 certificates to cover 2020 and revert to the Honourable Member.
-END-
25 May 2020 - NW985
Thring, Mr WM to ask the Minister of Cooperative Governance and Traditional Affairs
At what alert level will the employees of religious organisations be able to resume their weekday administrative financial and compliance functions from the office, such as the payment of salaries, essential information technology support, coordination of feedings schemes and essential building maintenance, subject to observance of standard hygiene and health protocols that apply to any other workplace during the lockdown to curb the Covid-19 pandemic?
Reply:
The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available
Thank you
25 May 2020 - NW744
Graham-Maré, Ms SJ to ask the Minister of Public Works and Infrastructure
What (a) is the status of the number of youth already recruited (b) are the districts from where they were recruited in respect of the target of recruiting 20 400 youth to assist the Department of Health; (2) (a) (i) who is responsible for the training of these participants (ii) what are the costs of the training and (iii) what total number of participants have been trained since 1 February 2020, (b) what is the status of the procurement of the personal protective equipment for the participants before they embark on their activities, (c) what is the envisaged (i) start date for the participants to begin actively working and (ii) duration of the project. and (d)(i) who will be paying the participants and (ii) what is the rate of payment?
Reply:
The Minister of Public Works and Infrastructure:
(1) (a) As at 27 April 2020, a total of 22 013 participants were recruited in all nine provinces in the country to participate in the Department of Public Works and Infrastructure’s Expanded Public Works Programme (EPWP) COVID-19 response, to assist the Department of Health. The majority of the participants recruited represents the youth category (16 – 35years). However, in exceptional cases, persons outside of the youth category were recruited as the Non-Profit Organisations were unable to get sufficient numbers of youth participants targeted in the programme. Of the participants recruited, 21 379 are youth with the remaining 634 outside of the youth category.
Of the 22 013 participants recruited 15 012 are female, and 7001 are male. The table below provides further detail of the 22 013 educational/qualification level.
Qualifications |
Number of participants |
Grade 10 |
1911 |
Grade 11 |
3460 |
Grade 12 |
16321 |
Post-school Certificates Including N levels |
238 |
Diploma |
44 |
Degree |
39 |
Total |
22 013 |
(1) (b) Yes, the 191 NPOs to be contracted to cover the 44 districts and 8 Metropolitan Municipalities in the country. In line with the EPWP Recruitment Guidelines, all the NPOs are required to recruit participants close to their place of residence.
2(a) (i) It was agreed, and it is a requirement, prior to EPWP participants beginning work, the Department of Health (DoH) will train EPWP participants. DoH officials stationed within the respective Public Health Centres, where the participants will be deployed, will undertake the training. Training will also include infection prevention control.
(ii) There is no cost to the training provided by the DOH.
(iii) The training is provided by the Department of Health and is ongoing.
(2)(b) Personal Protective Equipment (PPEs) have been procured for about five weeks of work. Pending approval of budget requests from National Treasury, the remainder of the PPEs will be acquired. PPEs, including hand sanitisers, masks and gloves. The use of PPEs is mandatory.
(2)(c)(i) The project start date is still to be confirmed by the DoH after finalising logistical processes, including the notification of Provincial Health MECs and Executive Mayors.
(ii) The duration of the project is for three (3) months.
(2)(d)(i) The DPWI EPWP COVID-19 response participants will be paid by the DPWI through the EPWP NSS: NPO programme budget for 2020/21.
(ii) A daily wage of R101.00 will be paid to each participant. This is in line with a daily wage rate of the EPWP NSS NPO programme for 2020/21 financial year.
25 May 2020 - NW676
Mileham, Mr K to ask the Minister of Mineral Resources and Energy
Whether there are any national standards for the quality, installation and maintenance of mining equipment and/or assets; if not, what is the position in this regard; if so, (a) what are the details of the standards, (b) who is responsible for the enforcement thereof, (c) what total number of compliance inspections were undertaken in the (i) 2016-17, (ii) 2017-18 and (iii) 2018-19 financial years and (d) what were the outcomes thereof?
Reply:
a) There are 36 South African National Standards (SANS) and 2 South African Bureau of Standards (SABS) referenced in the Mine Health and Safety Act No 29 of 1996, as amended. The list is in Annexure 1.
b) The monitoring and enforcement is done by the Department’s Engineering Inspectors.
c) (i) The total number of compliance inspections conducted in 2016/2017 was 9 363 which included the mine equipment inspections.
(ii) Similarly, the total number of compliance inspections conducted in 2017/2018 was 9 425.
(iii) The total number of inspections conducted in 2018/2019 was 8567.
d) Where there were non-compliances observed during the inspections, to deal with dangerous conditions or non-compliance with mine standards or provisions under the Act, Inspectors issued sections 55 and 54 instructions as per the Mine Health and Safety Act, No. 29 of 1996 as amended. For instance, during the reporting period 2018/2019, there were 1399 section 55 instructions and 963 section 54 instructions issued, respectively.
Chief Inspector Mines
Date:
Recommended / Not Recommended
Advocate T S Mokoena
Director General: Department of Mineral Resources and Energy
………………/………………/2020
Approved/Not Approved
Mr SG Mantashe, MP
Minister of Mineral Resource and Energy
Date Submitted:-……………/………………/2020