Questions and Replies

Reply:

(1) (a) MTEF BASELINE REDUCTIONS

2020/21 R’000	2021/22 R’000	2022/23 R’000
(659 416)	(856 412)	(1 050 774)

1 (b)SCHOOL INFRASTRUCTURE BACKLOGS: Indirect Grant (buildings and other fixed structures)

2020/21 R’000	2021/22 R’000	2022/23 R’000
(32 623)	(43 836)	(46 345)

(1) (b) With regard to the provincial infrastructure programme funded through the Education Infrastructure Grant, the reduction will have a negative impact in terms of meeting the Minimum Uniform Norms and Standards for Public School Infrastructure. There has always been a deficit in terms of total budget required to eradicate backlogs and the current reduction will exacerbate the challenge. Provinces will also be left with a small window to introduce new projects into the pipeline.

(2)(a) ADJUSTMENTS TO CONDITIONAL GRANTS

MTEF YEAR	2020/21 R’000	2021/22 R’000	2022/23 R’000
National School Nutrition Programme	(30 014)	(40 010)	(53 055)
HIV and AIDS (Life Skills Education)	(23 945)	(26 987)	(33 939)
Education Infrastructure Grant	(458 665)	(616 331)	(775 099)
Maths, Science and Technology Grant	(12 397)	(13 079)	(13 708)
TOTAL	(525 021)	(696 407)	(875 801)

(2)(b) The Provincial Departments of Education will have to revise their plans and delay planned projects that cannot be funded as a result of the cut. On the Accelerated Schools Infrastructure Delivery Initiative (ASIDI) projects, no current projects will be affected as savings derived from the programme will be used to ensure that projects continue as scheduled.

Reply:

Information has been requested from the North West Department of Education and the response will be provided once the requested information has been received from the province.

Reply:

1. (a) 570 471

    (b) There are 848 full service schools across the country.

2. In order to determine the demand and supply for disabled learners at full service schools, in August 2019, the Department of Basic education (DBE) issued Circular S4 of 2019 requesting Provincial Education Departments (PEDs) to assess the status quo and to develop plans to address such. This process is currently underway.

Reply:

The Department reiterates that there is no new curriculum or topics introduced to the Life Skills (LS) or Life Orientation (LO) Curriculum Assessment Policy Statement (CAPS). In South Africa, the Department of Basic Education (DBE) has been providing Sexuality Education through the LS and LO CAPS since 2000.

There has been no piloting of a new CSE curriculum.

Reply:

(a) (b) According to the National Education Infrastructure Management System (NEIMS), there are 26 remaining schools entirely built out of asbestos in Gauteng. The Department intends to replace this 26 asbestos schools within the next 5 years. The table below indicates the remaining 26 schools and the number of asbestos classrooms in each school.

No.	School Name	EMIS Number	Classrooms
1	Noordgesig Primary School	700140079	39
2	Rust -Ter- Vaal Secondary	700400673	22
3	Faresani Primary School	700121335	8
4	EW Hobbs Primary School	700120113	33
5	Mdelwa Hlongwane Primary School	700121541	20
6	Nancefield Primary School	700120261	37
7	Ditau Primary School	700132068	20
8	Randfontein Secondary School	700270025	44
9	Toekomsrus Primary School	700270033	36
10	Kliptown Primary School	700120196	22
11	Kwena Molapo Comprehensive Farm School	700152223	22
12	Laerskool Hennopsrivier	700232462	14
13	Leihlo Primary School	700121475	10
14	Newclare Primary School	700141200	40
15	Pretoria Primary School	700400278	25
16	Riverlea Primary School	700140103	25
17	Tshwane Secondary School	700400276	17
18	Wilhelmina Hoskins Primary School	700141226	44
19	Wisani Primary school	700121889	10
20	Fred Magardie Primary School	700220038	30
21	Laerskool Broederstroom	700230805	11
22	Lukholweni Primary school	700132456	14
23	Paradise Bend Primary School	700232074	11
24	Parktown Public School	700133512	42
25	Reiger Park Primary School	700160077	30
26	T C Esterhuysen Primary School	700141192	23

It must be noted that 6 of the 26 schools above are already in the implementation phase. The table below indicates the 6 schools that are in the implementation phase.

No.	School Name	Project Status
1	Faresani Primary School	07. Works
2	Noordgesig Primary School	07. Works
3	Rust -Ter- Vaal Secondary	07. Works
4	EW Hobbs Primary School	06. Tender
5	Mdelwa Hlongwane Primary School	06. Tender
6	Nancefield Primary School	06. Tender

Further take note that 20 of the 26 schools above are in the planning phase.The table below indicates the 20 schools that are in the planning phase.

No.	School Name	Project Status
1	Kliptown Primary School	03. Project Initiation
2	Kwena Molapo Comprehensive Farm School	03. Project Initiation
3	Laerskool Hennopsrivier	03. Project Initiation
4	Leihlo Primary School	03. Project Initiation
5	Newclare Primary School	03. Project Initiation
6	Pretoria Primary School	03. Project Initiation
7	Riverlea Primary School	03. Project Initiation
8	Tshwane Secondary School	03. Project Initiation
9	Wilhelmina Hoskins Primary School	03. Project Initiation
10	Wisani Primary school	03. Project Initiation
11	Fred Magardie Primary School	02. Feasibility
12	Laerskool Broederstroom	01. Identified
13	Lukholweni Primary school	01. Identified
14	Paradise Bend Primary School	01. Identified
15	Parktown Public School	01. Identified
16	Reiger Park Primary School	01. Identified
17	T C Esterhuysen Primary School	01. Identified
18	Ditau Primary School	05. Design
19	Randfontein Secondary School	05. Design
20	Toekomsrus Primary School	05. Design

The Department has included the asbestos schools in the current Medium-Term Expenditure Framework (MTEF) and anticipates that the eradication of all schools entirely built of asbestos materials will be completely addressed by the 2023/24 financial year.

The Department is prioritizing the asbestos schools so that it meets the target that relates to appropriate learning spaces and the reliability of the basic services in terms of the Regulations Relating to Minimum Uniform Norms and Standards for Public School Infrastructure, 2013.

Reply:

(1)&(2) Honourable Member, please be advised that the question relates to transactions that fall over a ten-year period between 2006 and 2016. This period precedes the term of office of both the current Board as well as the current Executive Team.

I have therefore instructed the Board to conduct an investigation into this matter and provide me with a report, which upon completion will be shared with the Portfolio Committee.

 

Reply:

(a - b) The number and types of visas issued to citizens from the mentioned countries are listed on the table below. This data is for the period 01 January 2018 to the 30th of September 2019.

Country – Category	2018	2019	Total
Nigeria	8010	4131	12141
Visitors	5840	3100	8940
Study Visa Section 13	1511	698	2209
Critical Skills Visa Section 19(4)	251	127	378
Retired Person Visa Section 20	180	22	202
Medical Treatment Section 17	157	103	260
General Work Visa Section 19(2)	55	75	130
Work Visa Section 19(5)	15	5	20
Exchange Visa Section 22	1	1	2
India	6375	4195	10570
Visitors	4565	3212	7777
Critical Skills Visa Section 19(4)	699	358	1057
Study Visa Section 13	705	412	1117
Retired Person Visa Section 20	160	8	168
General Work Visa Section 19(2)	142	87	229
Work Visa Section 19(5)	73	85	158
Medical Treatment Section 17	31	33	64
Country – Category	2018	2019	Grand Total
Bangladesh	3067	2139	5206
Visitors	2605	2083	4688
Retired Person Visa Section 20	379	13	392
Study Visa Section 13	65	30	95
Critical Skills Visa Section 19(4)	8	5	13
Medical Treatment Section 17	8	6	14
General Work Visa Section 19(2)	2	1	3
Work Visa Section 19(5)		1	1
Congo Dem. Rep. of the	2320	1265	3585
Study Visa Section 13	1208	468	1676
Visitors	600	464	1064
Critical Skills Visa Section 19(4)	224	90	314
Medical Treatment Section 17	242	219	461
General Work Visa Section 19(2)	31	20	51
Retired Person Visa Section 20	14	4	28
Work Visa Section 19(5)	1		1
China	2145	1405	3550
Visitors	1301	1165	2466
Retired Person Visa Section 20	533	52	585
Study Visa Section 13	228	91	319
Critical Skills Visa Section 19(4)	24	16	40
General Work Visa Section 19(2)	12	56	58
Work Visa Section 19(5)	33	21	54
Medical Treatment Section 17	12	3	15
Exchange Visa Section 22	1	1	2
Visitors(CAU)	1		1
Cameroon	922	480	1402
Visitors	420	270	690
Study Visa Section 13	329	127	456
Critical Skills Visa Section 19(4)	120	48	168
Medical Treatment Section 17	23	26	49
Retired Person Visa Section 20	10	2	12
General Work Visa Section 19(2)	17	6	13
Work Visa Section 19(5)	3	1	4
Ethiopia	673	356	1029
Visitors	493	281	774
Study Visa Section 13	108	44	152
Retired Person Visa Section 20	34	5	39
Critical Skills Visa Section 19(4)	11	6	17
Medical Treatment Section 17	21	19	40
General Work Visa Section 19(2)	5	1	6
Work Visa Section 19(5)	1		1
Country – Category	2018	2019	Grand Total
Somalia	36	22	58
Visitors	16	14	30
Medical Treatment Section 17	9	5	14
Study Visa Section 13	7	2	9
Critical Skills Visa Section 19(4)	1	1	2
Retired Person Visa Section 20	3		3

END

Reply:

(1) To ensure the validity of the data the Department of Human Settlements has been working on and which was received from municipalities, we have been comparing this with the data from the Department of Social Development as its records are comprehensive in respect of those who require social protection from the state. The data held by the Department of Social Development is credible, based on processes approved by government.

 

In line with the decision of the United Nations to ensure that all social protection should be packaged together by 2020, we are on track to complete that process which already started in 2012. By the end of this process we will have all those who are entitled to benefit from social assistance disaggregated according to the various categories of the state’s assistance for housing. This will assist us to ensure that the rampant duplication of demands by people who have previously benefited is curbed and sift those who do not need free housing but require other assistance in the acquisition of housing. One of these is social housing, which is provided to a particular category of subsidised housing.

With her intimate knowledge of the process of building a social assistance database, Ms Dlamini will be able to guide the process.

(a)(i) The salary increase resolved upon by the Council of the Social Housing Regulatory Authority (SHRA) for the CEO of SHRA was 6%. This was made up of a 5,5% inflation linked cost of living increase plus an additional 0,5% performance linked increase arising from the 2017/18 performance result. This is in accordance with the SHRA remuneration policy and the terms of the employment contract.

(ii) The salary of SHRA CEO for the 2020/21 financial year has not yet been determined by the SHRA Council.

(b) Falls away.

(3)(a) I have no authority over the salaries of Public Office Bearers, like yourself. In terms of the Independent Commission for the Remuneration of Public Office- Bearers Act, 1997, the Independent Commission for the Remuneration of Public Office -Bearers is mandated to make annual recommendations relating to the salaries and /or the upper limits of the salaries, allowances and benefits of Public Office –Bearers.

(b) Refer to (3)(a) above.

 

Reply:

(1) (a) The Social Housing Regulatory Authority (SHRA) spent 105% of its R743,64 million budget in the 2018-19 financial year on the development of social housing units, thus representing a total expenditure of R778 273 327.

(b) Yes, there were material reasons why SHRA missed some of its targets. Those reasons have been summarized on page 129 of the Social Housing Regulatory Authority (SHRA) 2018-19 Annual Report in the column entitled “Variance and comments.” Further explanations were provided by the SHRA on page 35 of the 2018-19 Annual Report in section 4.3.4 of the report entitled “Project Development & Funding (PD&F) Programme”.  For a more detailed explanation of the reasons at a project level, this can be found in Table 4 on pages 17 through 20 of the 2018-19 Annual Report. The table is entitled “Project Challenges and Solutions.”

(c) The remedial actions being taken to ensure that the situation improves are also documented on the same pages of the SHRA 2018-19 Annual Report as has been stated under (b) above. Further to this, the following remedial actions are being implemented by the SHRA:

• Non-performing contracts are terminated within the provisions of the contracts and law;
• Improvements have been introduced in the project accreditation process to curtail delays in planning and projects meeting financial closure;
• The SHRA has engaged with financiers to provide debt/ loan and equity funding to projects toward meeting financial closure;
• The SHRA has employed additional resources to improve the project approval by the provinces in order to ensure contract compliance earlier in the process;
• The SHRA is intervening in the non-performing contracts with a bespoke approach according to the needs per contract.

(2) Conditions of employment such as salaries and qualifications of staff are confidential. Laws such as the Protection of Personal Information Act and the Basic Conditions of Employment, amongst others, protects the confidentiality of such information.

(3) The salary increase of the CEO resolved upon by the SHRA Council was 6% and not 12%. The increase comprises of a 5,5% inflation linked cost of living increase plus an additional 0,5% performance linked increase arising from the 2017 – 18 performance result. This is in accordance with the SHRA remuneration policy and the terms of the employment contract.

 

Reply:

1. No, the Department does not have memorandum of understanding with municipalities in place to assist with the loss of documentation in an event of shack fires. However National government, has a crucial role to play in conjunction with municipalities as a form of redress, whereby the affected settlement was declared a disaster area, to enable victims to access basic services from the municipalities with their enabling documents. When the fire disaster occurs, disaster management of the municipality concerned compiles a report with a name list of families that have been affected by shack fires and submits a disaster certificate through the Departments’ District Managers: Operations or Provincial Manager’s office. Subsequently the Department’s provinces draft submissions to the Accounting Officer (Director-General), to consider waiving of fees for reproduction and printing of temporary identification certificates or identity documents and birth certificates. Upon approval by the Accounting Officer, clients are immediately issued with temporary identity certificates and birth certificates on the spot. The turnaround times for issuance of Smart Identity Cards is within 13 working days.

2. In collaboration with District/Local municipalities, Councillor and CDWs an outreach programme is organised for such communities to lodge applications and in most instances, municipalities assist by arranging transport for the affected persons to be ferried to the nearest Departments front offices to apply for the services required. Once documents are issued, clients are brought back to the office to collect in the same arrangement.

END

Reply:

Conditions of employment such as salaries and qualifications of staff are confidential.  Laws such as the Protection of Personal Information Act and the Basic Conditions of Employment, amongst others, protects the confidentiality of such information.

                                                                                                                       

(i)         I However, wish to indicate to the Honourable Member that posts in the Ministry have been filled as outlined in the Guide for Members of the Executive, otherwise commonly referred to as the Ministerial hand Book.

No	Designation/ Position
1.	Head of Ministerial Services
2.	Cabinet & Parliamentary Liaison Officer
3.	Chief Protocol Officer
4.	Private Secretary
5.	Director: Communications
6.	Stakeholder Relations Officer
7.	Assistant Private Secretary
8.	Appointments Secretary
9.	Office Manager to Head of Ministry
10.	Office Manager to Special Adviser
11.	Personal Assistant
12.	Ministerial Aide
13.	Assistant Stakeholder Relations Officer
14.	Driver/ Messenger
15.	Domestic Worker
16.	Domestic Worker

           

(ii)  I will preface my response to this question by providing background to the Ministerial National Rapid Response Task Team (NRRTT). As far back as 7 May 2015 during my Budget vote speech I said the following: 
 

“Communications and outreach programmes are part of our frontline services to ensure that the correct messages reach our people, in order to reduce the social distance referred to. I have decided to appoint a National Rapid Response Task Team that will help us communicate with our communities before implementing any policies, so that they understand the benefits, who would qualify and who would not, etc. This, we believe will lessen the tension that always arise when there is a development. This Task Team will also assist us understand where there is a problem and allow us to rapidly respond to problems as they arise”.

 The NRRTT has been in existence since the Fifth Administration when I was the Minister of Human Settlements. The Team did not only act as communicators and a consultation arm of the department but it is also in the frontline when there are emergencies in informal settlements. A case in point is the disaster which befell the community of Imizamo Yethu in Hout Bay in 2017, where a large section of this area was devastated by fires. Another example is the delay that was caused to the implementation of the N2 Gateway Project in 2007 and 2008 where people who were due to benefit from the project refused to relocate.

Due to the enormity of the challenges facing the Department of Water and Sanitation, which I am now also responsible for, we replicated the model and appointed additional NRRTT members to assist with water and sanitation issues such as the protests in the Vaal and Butterworth areas.

Accordingly, the NRRTT consists of a Convenor, two Deputy Convenors, for Human Settlements and for Water & Sanitation, as well as eight members responsible for Human Settlements and eight members for Water & Sanitation.

Reply:

(1) Ms B O Dlamini holds a Bachelor of Arts degree in Social Studies from the University of Zululand. She also possess in-depth practical knowledge of a vast range of social development issues that she obtained through participation in various social development organisations and structures over an extensive period. She will undoubtedly contribute immensely to ensuring that SHRA objectives are realised. The Chairperson will be supported by ten non-executive Council members.

(2)(a) The Social Housing Regulatory Authority plays a key role in the provision of social housing in South Africa and manages a budget allocation of close to R1 billion per annum. The derailment of good governance of the entity, as observed during the first half of the current financial year, required swift action to protect the investment of the state, as required in terms of the Public Finance Management Act, Act 1 of 1999, as amended, and to ensure continued service delivery to the citizens of the country. The appointment of the interim Council of the Social Housing Regulatory Authority is an interim measure to restore good governance at the entity. A selection committee will be established to advise me on the candidates to be appointed for the new Council, in terms of Section 9(2)(b) of the Social Housing Act, Act 16 of 2008.

(b) Refer to the answer provided in 2(a) above.

Reply:

(a) Consistent with the reply I submitted in respect Parliamentary Question 1523, I wish to reiterate that at present, no province has reported an inability to deliver on their approved human settlements business plans due to the massive strain on key water and sanitation systems.

(b) The Department will continue to exercise oversight on the performance of provinces for the commitments in their approved business plans. Moreover, we shall continue in our resolve to provide technical implementation support in pursuit of the targets set out in the business plans and Medium Term Strategic Framework.

Reply:

(a-b) Yes. The intended tariff adjustments for identity documents (re-issues) and passports is envisaged for the 2020/2021 financial year.

(i) In revising the tariff structure, the Department considers, amongst others, socio-economic factors, the principle of inclusivity and service provision to the public since the Department is not geared to profit making. This is due to the fact that all base documents (first issues) for identity documents, birth, marriage and death certificates are free and charges are only for reissue.

(ii) All revenue collected by the Department is deposited into the National Revenue Fund. In addition to complying to Treasury Regulation 7.3.1 that requires the Department to review all fees, charges or rates, scales or tariffs of fees and charges that relate to the National Revenue Fund, improved revenue collection by the Department will ensure the recovery of costs for production of enabling documents in a manner that suitably compensates for the cost drives relating to the provision of the service and meet the regulatory and wider government objectives as well as to ensure that the transaction costs where possible are minimized for the users and stakeholders.

END

Thulani Mavuso Dr PA Motsoaledi, MP

A/Director-General Minister of Home Affairs

Date: Date:

Reply:

a) (i) The Department only has statistics from 1998 as published in its reports and the totals are as below:

Year	Total
1998	11135
1999	31592
2000	12226
2001	16325
2002	24187
2003	41741
2004	41369
2005	43289
2006	53361
2007	45637
2008	207206
2009	223324
2010	124336
2011	106904
2012	85058
2013	70010
2014	71914
Total	1 209 614

(ii) As at 30 September 2019 the total number of active and inactive cases for the periods indicated in (a) (i) above that remain unprocessed since 1 January 2015 is 812 472 (117 991 active cases and 694 481 inactive cases.

NB: Active cases refer to clients who regularly visit the office in relation to their application and inactive cases refer to clients who no longer visit the office to finalise their application.

b) The breakdown per country of origin for (a) (i) and (ii) above is:

Country	Inactive	Active
Afghanistan	41	8
Albania	1	0
Algeria	462	98
Angola	1071	5
Armenia	1	0
Australia	10	0
Azerbaijan	5	0
Bahamas	11	12
Bahrain	1	1
Bangladesh	13480	15979
Barbados	2	0
Belize	2	0
Benin	207	26
Bosnia	3	0
Botswana	41	2
Brazil	1	0
Brunei	1	0
Bulgaria	24	0
Burkina Faso	50	39
Burundi	3021	3588
Cambodia	3	0
Cameroon	3119	1000
Cape Verde	1	0
Central African Republic	10	6
Chad	11	4
Chile	23	0
China	13528	61
Colombia	2	1
Comoros	29	14
Congo	8761	7680
Croatia	1	0
Cuba	2	0
Czech Republic	1	0
Denmark	1	1
DRC	16204	22630
East Timor	5	7
Ecuadorian	1	0
Egypt	2076	62
Eritrea	375	382
Estonia	7	5
Ethiopia	11704	33737
Fiji	1	0
Gabon	44	6
Gambia	26	3
Germany	1	0
Ghana	8085	989
Guinea	95	37
Guinea Bissau	29	8
Guyana	1	0
Haiti	3	1
Ice Land	18	1
India	8871	2460
Indonesia	8	0
Iran	8	1
Iraq	12	1
Ireland	1	1
Israel	5	0
Italy	2	0
Ivory Coast	175	140
Jamaica	2	0
Jordan	40	6
Kenya	2014	807
Kiribati	1	0
Korea	1	0
Kuwaiti	1	0
Laos	1	0
Latvia	1	0
Lebanon	3	0
Lesotho	6744	31
Liberia	114	49
Libya	7	0
Macau	23	0
Macedonia	1	0
Madagascar	17	0
Malawi	40933	1294
Malaysia	5	2
Maldives	1	0
Mali	228	95
Mauritania	4	0
Mauritius	8	2
Mayotte	1	0
Mexico	1	0
Moldova	2	0
Monaco	1	0
Morocco	38	4
Mozambique	12842	300
Myanmar (Burma)	3	0
Namibia	13	0
Nepal	36	18
New Zealand	1	0
Nicaragua	2	0
Niger	5506	716
Nigeria	18502	3759
Niue	6	1
Pakistan	11672	5208
Palau	1	0
Palestine	26	5
Panama	1	0
Papua New Guinea	1	0
Philippines	18	0
Poland	4	0
Portugal	2	0
Principality of Andorra	5	0
Russia	2	0
Rwanda	666	676
Saint Kitts and Nevis	3	0
Saint Lucia	1	0
Saudi Arabia	1	0
Senegal	1163	433
Serbia	6	0
Sierra Leone	65	13
Slovenia	1	0
Solomon Islands	21	0
Somalia	9962	1587
Sri Lanka	109	11
Sudan	81	42
Suriname	1	1
Swaziland	196	10
Syria	8	1
Tajikistan	6	0
Tanzania	7740	422
Thailand	120	1
Togo	80	24
Tonga	1	0
Trinidad and Tobago	1	0
Tunisia	5	1
Turkey	7	1
Uganda	5993	3089
Ukraine	10	1
USA	5	1
Uzbekistan	2	0
Vietnam	2	0
Wallis and Futuna	1	0
Yemen	7	0
Zambia	2308	174
Zimbabwe	475390	10210
Total	694481	117991
Grand Total	812 472

END

Reply:

The mandate to manage immovable assets on behalf of government departments (including lease agreements) is with the Department of Public Works and Infrastructure (DPWI).

a) The expiry date for the lease agreement for the Centurion office is 31 May 2024.

b) The Department of Home Affairs has requested DPWI, as part of the long term strategy, to source state owned building or build per DHA specifications.

c) The Department of Home Affairs does generally provide parking for clients in all its offices throughout the country. The parking that is leased is only for state vehicles.

END

Reply:

The lease agreement with the specified landlord for the Cape Town Refugee Reception Office (CTRRO) could not be finalised. The prospective landlord, who had been appointed by the Department of Public Works and Infrastructure (DPWI) through its Supply Chain Management processes, did not sign the lease agreement and sent a letter withdrawing from the process. The letter was dated 16 September 2019.

a) The Department of Home Affairs (DHA) requested DPWI to restart the procurement process on the 27th September 2019.

b) The planned date cannot be determined as DPWI has not commenced with the procurement process which will follow these key steps:

1. Specifications Committee to be set up to develop the specifications,
2. Publication of the tender advert,
3. Evaluation and adjudication of bidders.

The planned date for the re-opening of the CTRRO can only be determined after these processes are completed. Furthermore, the building obtained will need to be refurbished to be in line with the CTRRO processes before the office can be re-opened.

END

Reply:

The Honourable Minister is referred to my response to her question 1665, which deals with the same matter. I wish to reiterate that the appointment of the interim Council of the Social Housing Regulatory Authority is an interim measure to restore good governance at the entity. A selection committee will be established to advise me on the candidates to be appointed for the new Council, in terms of Section 9(2)(b) of the Social Housing Act, Act 16 of 2008.

Reply:

Title deeds have been handed over by Members of the Executive Members (MECs) in the various provinces since 29 May 2019. I have therefore referred the question to provinces to provide the detailed information requested by the Honourable Member.

However, the information at the Departments’ disposal with respect to the status of the delivery of title deeds since July 2019 is as follows:

Western Cape – 60 Title deeds were handed over in August 2019

Eastern Cape - 500 title deeds were handed over to beneficiaries in July 2019.

Northern Cape – 209 title deeds were handed over in the province through the ‘Title Deeds Friday’ campaign in Tlhabane, Rustenburg with another 250 titles handed over in September 2019.

North West – 490 title deeds were handed over in August 2019.

Kwazulu Natal – 50 title deeds were handed over in the August 2019 and 500 in July 2019.

Gauteng – 217 title deeds were handed over in Johannesburg during August 2019

Mpumalanga – 700 title deeds were handed over in Barberton during August 2019.

A detailed breakdown will be submitted as soon as the outstanding information is available.

 

Reply:

Yes. In its commitment to end statelessness the Department has addressed gaps in its immigration and civil registration laws to assist stateless persons to acquire enabling documentation confirming their status within the country. This accorded status enables stateless persons to legally reside within the country and to apply for citizenship.

Section 31 of the Immigration Act, Act no. 13 of 2002 as amended, provides for foreigners or a category of foreigners the rights of permanent residence for a specified or unspecified period when special circumstances exist which would justify such a decision.

The South African Citizenship Act 88 of 1995 Act as amended, allows for acquisition of citizenship by birth, descent and naturalization. It also allows any person in the Republic and who is not a South African citizen by virtue of the provisions in the Act, to be granted citizenship by birth if s/he does not have the citizenship or nationality of any other country, or has no right to such citizenship or nationality and his or her birth was registered in the Republic in accordance with the Births and Deaths Registration Act.

Below are steps and plans put in place and implemented on an ongoing basis to address any challenges arising from statelessness.

A. Birth Registration

The Department, amongst other commitments, has implemented the Births and Deaths Registration Act. In terms of the Act, notice of birth must be given within 30 days of the birth occurence. This is aimed at ensuring that every child born is registered. In support of the above commitment, the Department embarked on the following programmes:

(i) Hospital connectivity:

Established birth registration offices in health facilities with maternity wards to facilitate the registration of birth and ease the burden of birth registration. This has resulted in the country seeing an increase in birth registration within the specified period. Conversely, we have begun to see a steady decrease of late registration of birth.

(ii) oreign births:

Notice of birth tendered at our offices of children born of parents who are non-South African citizens, are given DHA 19 (handwritten unabridged birth certificate for non-South African) in terms of the Regulations on the Registration of Births and Deaths, 2014.

South African citizens who live abroad can also register their newly-born children by completing relevant documents at the South African embassies and missions.

(iii) Late Registration of birth:

The Department has also opened a window for late registration of birth for persons who were not registered within the specified period. The long term plan is to eradicate late registration of birth.

B. Civil Registration and Vital Statistics

It must also be mentioned that South Africa is collaborating with neighbouring countries to promote civil registration through Civil Registration and Vital Statistics [CRVS] conferences, to ensure that all nationals of countries are registered on their respective national population registers.

END

Reply:

1. No, the Department is not aware of any backlogs pertaining to issuing of birth certificates, identity documents, marriage certificates and permanent residence permits prevailing at its Mitchells Plain office. It should be clarified that the Department’s office in Mitchells Plain deals with citizen affairs only, i.e. processing of applications mainly concerning identity documents, passports, birth, marriages and death in relation to South African citizens and naturalised persons. The office does not have an Immigration Unit and therefore does not process any citizenship or permitting applications.

2. We have not received any complaints from the broader public and immigrants.

END

Reply:

(a)Yes, the R50 million that the Minister of Social Development referred to during her budget speech is allocated from the Criminal Assets Recovery Account for funding of Non-Profit Organisations providing services to victims of crime and violence. Additional amount of R50 million has been recommended from the Criminal Assets Recovery Account as part of the Emergency Response Plan on Gender Based Violence. This funding will be used to fund Non-Governmental Organisations that provide direct services to victims and survivors of gender-based violence. The process of submitting the recommended additional amount of R50 million from the Criminal Assets Recovery Account for Cabinet approval is underway. (b) The Department of Social Development is also ensuring that provinces increase allocations for services to victims of crime and violence including shelters for victims of crime and violence. The provincial allocations for the Medium Term Expenditure Framework are as follows:

Provinces	MTEF Allocations
	2019/20	2020/21	2021/22
	R’000	R’000	R’000
Eastern Cape	1 058 220	1 120 267	1 178 549
Free State	545 086	563 780	586 850
Gauteng	2 457 722	2 634 964	2 906 075
KwaZulu-Natal	1 600 679	1 705 787	1 796 502
Limpopo	991 860	1 048 534	1 141 305
Mpumalanga	673 557	745 092	806 043
Northern Cape	322 153	341 577	357 909
North West	531 800	578 602	613 132
Western Cape	804 918	845 940	884 365
Total	8 985 995	9 584 543	10 270 730

Reply:

The function of amending the Constitution to allow for expropriation of land without compensation is currently the responsibility of Parliament.

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

Reply:

Of the 31 announcements made at the 2018 investment conference, 8 projects have been launched or are about to be launched.

A further 20 projects are in the implementation stage, meaning that either ground has been broken, construction has begun, equipment ordered and installed or, in the case of financial institutions like the IDC, DBSA and NDB, funds are being disbursed.

Of the 31 announcements, 3 are progressing more slowly due to regulatory and other challenges. Invest SA is working with these companies to unblock and resolve any challenges so that projects can be implemented.

ANNEXURE 1 contains the detail of the projects.

1617. The Leader of the Opposition (DA) to ask the President of the Republic:

1. What (a) is the name of each investor who pledged funds at the 2019 investment conference, (b) amount did each investor pledge, (c) project was each pledge invested in, (d) is the time frame of each project and (e) number of jobs did each project create;

1. whether each project was new or an existing project in each case?

NW2973E

REPLY

Seventy companies announced investments at the second South Africa Investment Conference, held in Johannesburg from 5-7 November 2019. The total value of these commitments was just over R363 billion.

Invest SA is working with the companies that made announcements to categorise and determine the level of implementation and to provide assistance to unblock and fast-track these investments where necessary.

ANNEXURE 2 contains the details of the projects.

Reply:

The Department has requested the provincial Department of Agriculture and Rural Development to compile a comprehensive response to the question raised by M. Gen O S Terblanche (DA).

The comprehensive response will be submitted in January 2020.

Reply:

(a) 6.

(b) and (c) Please refer to Annexure A.

ANNEXURE A OF NA QUESTION 992 OF 2019

	Province	Community Name	Status	Date of application	Reason for not registering
1.	Free State	Iketsetse	Not registered	20 October 2018	Constitution was not compliant with requirements and registration documents were incomplete.
2.	Limpopo	Kgashane Mamatlepa	Not registered	11 August 2018	Constitution was not compliant with requirements and registration documents were incomplete.
3.	Mpumalanga	Mmamashianoka - Mdibani	Not registered	4 November 2018	Constitution was not compliant with requirements and registration documents were incomplete.
4	North West	William Bere Moiloa	Not registered	26 January 2019	Constitution was not compliant with requirements and registration documents were incomplete.
5	North West	Majoe Mokuane	Not registered	21 July 2018	Constitution was not compliant with requirements and registration documents were incomplete.
6	North West	Pooyane	Not registered	3 November 2018	Membership list was not submitted and Constitution was not compliant with requirements.

Reply:

(a) (i) None. Social facilitation has been an internally delivered process.

(ii) Falls away.

(b) Falls away.

(c) Falls away.

Reply:

(1) 218.

(2)(a) 609.

(2)(b)

• Some farms are still in the process of being allocated to lessees.

• Some previously allocated farms are in the process of being reallocated.

• There are instances of illegal invasion of farms.

• There are instances of disputes with lessees regarding the suitability of the farm, which result in refusal by prospective lessees to sign lease agreements whilst the matters giving rise to a dispute are still being dealt with.

• Some farms are no longer leasable since they are occupied by communities.

• There are instances where multiple farmers have been allocated a single farm, which has not yet been officially subdivided hence lease units are still being created.

• There have been changes in the leasing policy in the past three years, which impacted on the conclusion of leases.

(3)(a) R252 391.00 (April – November 2019).

3(b)

• Agricultural Land Holding Account: ABSA Bank Account No.: 407 449 8283

• Department of Rural Development and Land Reform Account: ABSA Bank Account No.: 405 400 6793

Reply:

(1) 397.

(2)(a) 529.

(2)(b)

• Some farms which were previously allocated are in the process of being reallocated.

• There are instances where multiple farmers have been allocated a single farm, which has not yet been officially subdivided hence lease units are still being created.

• Some leases are currently being taken through administrative lease approval processes.

• Some farms are occupied by farm dwellers hence land rights enquiries are still being conducted.

• Some farms are in the process of being transferred to farm dwellers.

• There are instances where the beneficiaries are still sorting out issues relating to the legal entity that must contract with Government.

• Some farms are no longer leasable since they are occupied by communities.

• There are instances of illegal invasion, which impacts on orderly allocation processes.

• Disputes among beneficiaries.

• There have been changes in the leasing policy in the past three years, which impacted on the conclusion of leases.

(3)(a) R375 819.00 (April – November 2019).

3(b)

• Agricultural Land Holding Account: ABSA Bank Account No.: 407 449 8283

• Department of Rural Development and Land Reform Account: ABSA Bank Account No.: 405 400 6793

Reply:

(1) 282.

(2)(a) 787.

(2)(b)

• Some farms are still being reallocated as a consequence of abandonment.

• There are instances where multiple farmers have been allocated a single farm, which then requires an official subdivision.

• Some leases are currently being taken through administrative lease approval processes.

• Some farms are in the process of being transferred to farm dwellers.

• There are instances where the beneficiaries are still sorting out issues relating to the legal entity that must contract with Government.

• Some farms are no longer leasable since they are occupied by communities.

• There are unlawful occupations of leasable farms.

• There have been changes in the leasing policy in the past three years, which impacted on the conclusion of leases.

(3)(a) R 378 347.00 (April – November 2019).

3(b)

• Agricultural Land Holding Account: ABSA Bank Account No.: 407 449 8283

• Department of Rural Development and Land Reform Account: ABSA Bank Account No.: 405 400 6793

Reply:

No.

Reply:

a) 8940 is inclusive of pure and phased claims (and this figure is still subject to external audit and verification audit)

b) In order to accelerate the settlement of claims, the Commission on Restitution of Lands Rights participated in the Operation Phakisa of Agriculture Land Reform and Rural Development and as a result the services of external experts were used in the development of a Backlog Reduction Strategy which is still in progress for settlement of all old order land claims (lodged as at 31 December 1998). The Commission at this point is unable to provide specific dates, however the Annual Performance Plan is used as baseline to determine the number of claims to be settled per financial year.

c) 

	Total claims as at 1st October 2019 (subject to verification)
Province
Eastern Cape	805
Free State	8
Gauteng	460
KwaZulu-Natal	3270
Limpopo	1501
Mpumalanga	2036
North West	233
Northern Cape	88
Western Cape	539
TOTAL	8940

d) The completion of the Backlog Reduction Strategy will assist in the cost estimation for the settlement of the old order outstanding claims.

 

Reply:

(1)(a) Land Tenure and Administration[1].

(b)(i) 225

(ii) 30

(iii) 5

(2)(a) The applications in terms of the Land Titles Adjustment Act, 1993 were never tracked as part of land delivery statistics hence that information is not easily accessible at the moment. Diligent attempts have been made to collect data for purposes of this question and it became clear that substantial time is required to construct a database in this regard.

(b),(c) Falls away.

1. This Branch was established in April 2014. ↑

Reply:

(a) 3 097 117.7820 hectares.

(b) The Communal Property Associations Act, 1996 and Regulations do not require the Communal Property Associations to report this type of information to the Department hence it is currently unknown.

Reply:

Yes, provided that the sale terms are concluded. Approval was granted during the year 2006 for the sale of various Kat River Citrus farms to the farmers at specific market values. The sales would have been funded through the combination of Land Redistribution for Agricultural Development Grant and own finance. The farmers never secured financing and therefore the transactions were not taken any further.

The Department cannot offer title deeds without the terms of the transaction being honoured by any of the purchasers.

a) The Department is already in communication with the farmers, with a view to finalise the transactions and also deal with issues of farm dwellers who are occupying some of the farms.

b) The transfers will commence upon the farmers satisfying the sale conditions.

Reply:

The Commission is unbale to verify the reference number referred to. Most of Restitution claims have a reference number that start with KR….

However, if the writer provide the Commission with updated information including the name of the claim and from which Province we will be in a position to respond adequately.

END

Reply:

(1) 472

(2)(a) 432

(2)(b)

• Farms that were originally meant to be leased were subsequently earmarked for other programmes like the Animal and Veld Management Programme as well as the One Household One Hectare Programme.

• There are instances where multiple farmers have been allocated a single farm, which has not yet been officially subdivided hence lease units are still being created.

• There are unlawful occupations that make it impossible to conclude lease agreements whilst unlawful occupations are still being sorted.

• Some farms are in the process of being transferred to farmers and farm dwellers.

• Some farms are in the process of being reallocated.

• Some farms have become unleasable because of the growth of settlements in surrounding communities.

• Some farms are claimed in terms of the Restitution of Land Rights Act and the claims have reached an advanced stage.

• Some farmers are still getting their legal entities registered.

• There have been changes in the leasing policy in the past three years, which impacted on the conclusion of leases.

• Disputes amongst beneficiaries.

(3)(a) R159 503.00 (April – November 2019).

3(b)

• Agricultural Land Holding Account: ABSA Bank Account No.: 407 449 8283

• Department of Rural Development and Land Reform Account: ABSA Bank Account No.: 405 400 6793

Reply:

(1) 192.

(2)(a) 70.

(2)(b)

• Some properties were acquired to pilot a policy for the benefit of the First Nations that were disadvantaged by the land restitution deadline of June 1913. A notarial land use right is envisaged for registration instead of a lease.

• Dispute between the allocated beneficiaries and farm workers.

• Ongoing investigation by the Special Investigating Unit thereby resulting in the non-conclusion of a lease since any affected party may become a suspect.

• Some leases are currently being taken through administrative lease approval processes.

• Some previously allocated farms are in the process of being reallocated.

• There have been changes in the leasing policy in the past three years, which impacted on the conclusion of leases.

(3)(a) R 47 000.00 (April – November 2019).

3(b)

• Agricultural Land Holding Account: ABSA Bank Account No.: 407 449 8283

• Department of Rural Development and Land Reform Account: ABSA Bank Account No.: 405 400 6793

Reply:

(a)(i) Details will be provided by 31 January 2020.

(a)(ii) The target for 2019/2020 financial year is 4109 and achieved to date is 2149

(a)(iii) The target for rural enterprises for 2019/2020 financial year to be supported is 227 and achieved to date is 114

(b) AgriParks are a network of several components. The establishment of AgriParks is a process.

• The Farmer Production Support Unit (FPSU), is the first component. It is a rural small-holder farmer outreach and capacity building unit that is established closer to farmers with primary production. The FPSU does primary collection, some storage, provides some processing for the local market, and extension services including mechanization.
• The Agri-hub(AH), is the second component, depending on the effectiveness of the first component. It is a production, equipment hire, processing, packaging, logistics, innovation and training unit.
• The Rural Urban Market Centre (RUMC), is the third component. It links to rural urban and international markets through contracts. This level has not as yet been reached. Acts as a holding facility, releasing produce to urban markets based on seasonal trends; and provides market intelligence and information feedback, to the AH and FPSU using the latest information and communication technologies.

(c) The Department is in the process focusing on the first component, which is the establishment of the Farmer Production Support Unit (FPSU). There are 27 prioritized FPSU’s.

Reply:

• The Department has requested the provincial Department of Agriculture and Rural Development to compile a comprehensive response to the question raised by Mrs A Steyn (DA).
• The comprehensive response will be submitted in January 2020.

                                                                                                       

Reply:

(1) 223

(2)(a) 227

(2)(b)

• Conflict among beneficiary members.

• Some leases are currently being taken through administrative lease approval processes.

• Some farms are in the process of being reallocated.

• Some farms are in the process of being transferred to farm dwellers.

• Some farms are not leasable since they are occupied by communities.

• There have been changes in the leasing policy in the past three years, which impacted on the conclusion of leases.

(3)(a) R51 577.00 (April – November 2019).

3(b)

• Agricultural Land Holding Account: ABSA Bank Account No.: 407 449 8283

• Department of Rural Development and Land Reform Account: ABSA Bank Account No.: 405 400 6793

Reply:

• The Department has requested the Northern Cape Provincial Department of Agriculture and Rural Development to compile a comprehensive response to the question raised by Mr P G Moteka (EFF).
• The comprehensive response will be submitted in January 2020.

                                                                                                       

Reply:

(1) 259.

(2)(a) 34.

(2)(b)

• Some previously allocated farms are in the process of being reallocated as consequence of death, abandonment of the property and lease termination due to breach of lease terms

• There are disputes regarding allocation as well as property boundaries.

• Illegal invasion of leased farms by neighbouring communal settlements.

• Some farms are no longer leasable since they are occupied by communities.

• Existence of land restitution claims on leasable properties.

• There have been changes in the leasing policy in the past three years, which impacted on the conclusion of leases.

(3)(a) R222 543.00 (April – November 2019).

3(b)

• Agricultural Land Holding Account: ABSA Bank Account No.: 407 449 8283

• Department of Rural Development and Land Reform Account: ABSA Bank Account No.: 405 400 6793

Reply:

a) 3 824 land parcels.

b) Please refer to Annexure A.

c) 531 789 ha.

ANNEXURE A OF NA 919 OF 2019

Province and Municipality	Parcels	Area (Ha)
EASTERN CAPE	3186	173,150.41
Amahlathi Local Municipality	295	9,293.72
Buffalo City Metropolitan Municipality	442	6,299.79
Elundini Local Municipality	14	462.04
Emalahleni Local Municipality (EC)	21	1,675.21
Engcobo Local Municipality	8	3.53
Enoch Mgijima Local Municipality	59	29,928.44
Intsika Yethu Local Municipality	15	2,409.32
King Sabata Dalindyebo Local Municipality	255	3,683.82
Matatiele Local Municipality	48	23,135.56
Mbhashe Local Municipality	18	323.48
Mbizana Local Municipality	6	664.36
Mhlontlo Local Municipality	33	3,992.99
Mnquma Local Municipality	114	3,059.47
Ngqushwa Local Municipality	1251	47,141.62
Ngquza Hill Local Municipality	19	798.94
Ntabankulu Local Municipality	8	11.24
Nyandeni Local Municipality	10	695.44
Port St Johns Local Municipality	13	18.50
Raymond Mhlaba Local Municipality	472	36,591.19
Sakhisizwe Local Municipality	49	1,571.15
Senqu Local Municipality	2	4.63
Umzimvubu Local Municipality	34	1,385.96
FREE STATE	8	1,076.33
Mangaung Metropolitan Municipality	7	1,076.18
Matjhabeng Local Municipality	1	0.15
GAUTENG	87	632.10
City of Johannesburg Metropolitan Municipality	16	2.08
City of Tshwane Metropolitan Municipality	69	629.72
Ekurhuleni Metropolitan Municipality	2	0.30
KWAZULU-NATAL	141	62,942.62
Endumeni Local Municipality	1	29.16
eThekwini Metropolitan Municipality	16	0.80
KwaDukuza Local Municipality	2	0.15
Newcastle Local Municipality	1	0.15
The Msunduzi Local Municipality	4	0.65
Umzimkhulu Local Municipality	117	62,911.71
LIMPOPO	31	59,301.55
Blouberg Local Municipality	12	27,073.88
Elias Motsoaledi Local Municipality	2	4,123.53
Greater Giyani Local Municipality	1	2,063.64
Greater Letaba Local Municipality	1	756.18
Greater Tubatse/Fetakgomo Local Municipality	6	13,019.96
Greater Tzaneen Local Municipality	1	2.57
Lepelle-Nkumpi Local Municipality	3	2,225.14
Makhuduthamaga Local Municipality	4	9,971.93
Mogalakwena Local Municipality	1	64.72
MPUMALANGA	49	27,850.99
Bushbuckridge Local Municipality	11	13,121.59
Chief Albert Luthuli Local Municipality	6	3,146.66
Dr JS Moroka Local Municipality	5	2,171.32
Emalahleni Local Municipality (MP)	1	0.17
Nkomazi Local Municipality	2	506.58
Thembisile Local Municipality	24	8,904.67
NORTH WEST	300	135,840.74
City of Matlosana Local Municipality	1	0.20
Ditsobotla Local Municipality	14	8,194.14
Greater Taung Local Municipality	23	31,916.18
Kagisano-Molopo Local Municipality	1	1,516.87
Local Municipality of Madibeng	26	1,883.61
Mafikeng Local Municipality	27	5,997.22
Moretele Local Municipality	7	3,015.52
Moses Kotane Local Municipality	149	50,643.60
Naledi Local Municipality	3	0.52
Ramotshere Moiloa Local Municipality	18	23,721.34
Ratlou Local Municipality	2	4,018.63
Rustenburg Local Municipality	22	3,309.60
Tswaing Local Municipality	7	1,623.31
NORTHERN CAPE	22	70,994.38
Ga-Segonyana Local Municipality	1	542.03
Joe Morolong Local Municipality	21	70,452.35
Grand Total	3,824	531,789.11

Reply:

(1) 467.

(2)(a) 251.

(2)(b)

• Some previously allocated farms are in the process of being reallocated to lessees.

• Some leases are currently being taken through administrative lease approval processes.

• Some farms are in the process of being transferred to farmers and farm dwellers.

• There are instances where the beneficiaries are still sorting out issues relating to the legal entity that must contract with Government.

• Some farms are no longer leasable since they are occupied by communities.

• There are instances of illegal invasion, which impacts on orderly allocation processes.

• There have been changes in the leasing policy in the past three years, which impacted on the conclusion of leases.

(3) (a) R995 614.00 (April – November 2019).

3(b)

• Agricultural Land Holding Account: ABSA Bank Account No.: 407 449 8283

• Department of Rural Development and Land Reform Account: ABSA Bank Account No.: 405 400 6793

Reply:

(1). Please find attached original list of 240 claimant beneficiaries.

(2). (a) Of the 240 claimant beneficiaries on the original verified list, 91 are deceased. There is a need to regularly update the verification list by the CPA to replace household representatives of those that passed away.

(b) Hantam Municipality donated the land (Commonages A, B and C) for restitution purposes. Commonage A was transferred to the CPA on 30 March 2017 However, this property is currently being used by the emerging farmers under a formal lease agreement with Hantam Municipality. The municipality is yet to issue the tenants with termination letters so that the CPA can fully occupy the land. The CPA can only occupy the land once the current tenants have been relocated elsewhere.

(3). There was a need for regularisation of the CPA and a new Executive Committee was elected on 05 November 2019. In addition, a panellist has been appointed to assist the CPA on disputes regarding access to the land.

Reply:

(1) 410.

(2)(a) 233.

(2)(b)

• Some leases are currently being taken through administrative lease approval processes.

• There are reallocations that are currently being done, which have been occasioned by the death of lessees.

• There are instances where multiple farmers have been allocated a single farm, which has not yet been officially subdivided hence lease units are still being created.

• There are instances where the land is the process of being donated to a municipality for commonage purposes.

• Some farms are in the process of being transferred to farm dwellers.

• Some farms are being used by neighbouring communities and have therefore become unleasable.

(3)(a) R353 956.00 (April – November 2019).

3(b)

• Agricultural Land Holding Account: ABSA Bank Account No.: 407 449 8283

• Department of Rural Development and Land Reform Account: ABSA Bank Account No.: 405 400 6793

Reply:

I have been advised by the department as follows:

1. (a) The attached Pivot worksheets entitled, Programme sales FY2014 to FY2019, details all, the licensed programming sold worldwide, by the SABC, since 2014. Manual records were kept prior to 2014.

(b) The sheets named 2017/2018 royalty calculations and 2018/2019 royalty calculations, details all royalty calculations since formal records were kept. The sheet indicates all the fees payable, for each transaction, for the writers, producers and performers.

(c) The sheets named 2017/2018 royalty calculations and 2018/2019 royalty calculations, detail all share of the profits due, for each of the writers, producers and performers.

2. (a) The worksheet titled: Calculations of DVD royalties for Oct 2018-Jan 2019 details all programme’s sold on DVD in the Republic and throughout the world.

(b) and (c) The worksheet titled: Calculations of DVD royalties for Oct 2018 – Jan 2019, details for (b) fee attached to each transaction and (c) individual share of profit due to the producers, writers and performers for each transaction.

3. The SABC management had taken a decision not to pay interest on late payments.           

MS. STELLA NDABENI-ABRAHAMS, MP

MINISTER

Reply:

(a) 1612.

(b) It has been observed in previous CPA discussions in the Legislature that the concept of dysfunctional CPAs has been interchangeably used with that of non-complying CPAs. The Department has been tracking non-compliance with the CPA Act and Regulations as opposed to utter dysfunction. The number of non-complying CPAs is 1 370.

(c)(i)

• A large proportion of CPA members are rooted in customary or indigenous ways of land management where decision making is a little bit centralised to some higher authority. The CPA regulatory framework encourages direct participatory democracy and therefore CPA founding documents tend to require direct participation by members. This creates contradictions in approaches by members and sometimes results in the emergence of or undesirable domination by rogue leadership elements.

• CPAs generally exist in areas that were systematically subjected to underdevelopment and poorly resourced education institutions. A substantial part of CPA members is either illiterate or have no more than primary level of education. At a very basic level, this has an impact on the ability of CPA members to understand and apply documented and yet unfamiliar land management rules

• CPAs comprise of diverse groups of people who are tied together by their parents’ or grandparents’ or great grandparent’s historical relationship with the claimed land. They generally tend to share nothing in common except the desire to regain ownership of the land.

• The land use at the time of restoration is generally substantially different from what it was at the time of dispossession. Land claimants therefore tend to receive sophisticated businesses which compel them to become forced business partners who had never consciously conceived of going into business together.

(c)(ii)

• Some CPAs are so under-resourced that they simply don’t have physical space from which to run their affairs and keep their records. This creates access to information challenges for new CPA leaders, depending on how the previous committee has vacated office.

• Well performing CPA businesses do not yield positive outcomes in the livelihoods of CPA members due to the ratio between revenue and large numbers of CPA members. Whilst there may have been visible wealth amongst the owners of the property prior to the CPA taking control, the larger numbers of CPA members shrink any possible redistributable revenue to nothingness. This creates endless instability as members tend to suspect that revenue is misappropriated by the leaders or managers of CPA businesses.

• CPAs are generally established prior to all possible land restitution claimants in community claims being located and verified. Provisions in CPA constitutions are then created for the future inclusion of claimants that were not verified during the settlement of a claim. This is the major source of conflict within CPAs since membership is permanently contested.

• Some CPAs comprise of very large groups like 53 villages that never converge in a single place. This necessitates some form of representative democratic mechanisms for decision making and yet claimants desire to have direct participation.

• Some CPAs comprise of unrelated groups of claimants whose claims were consolidated purely on the basis of proximity, without the informed consent of claimants. A lot of such CPA members do not regard themselves as a single group and therefore do not desire to be in a single entity.

• The CPA as an institution is sometimes not the appropriate entity to run businesses that get conducted on its property hence they get stretched beyond their institutional capacity to manage.

• The creation of separate CPA business ventures and joint ventures also tends to create conflict because of general lack of understanding of institutional relationships that should exist, inability to manage such relationships and lack of clarity regarding the sharing of benefits.
• A lot of CPAs have got factions that work against each other from the date of election to the next election. Executive Committees therefore have got no fair space to commit and correct honest mistakes due to the permanence of factions.

(d)

• There’s collaboration being explored with institutions of higher learning to provide customised training to all willing members of CPAs, in a language they commonly understand.

• The focus of CPA capacity building programmes will become more inclusive to accommodate general membership in order to promote general awareness amongst CPA members that CPAs are indeed community entities where members have to directly hold their leadership accountable instead of passing that responsibility to Government.

• The language spoken by the majority of CPA members will be identified and CPA founding documents will be translated into that language as one of the ways of encouraging effective participation of members in the affairs of their entities.

• In instances where CPAs do not have the necessary infrastructure to keep records, the Department shall, in its District Offices, make available basic CPA documents like constitutions, membership lists, lists of CPA leadership, and financial records (where such financial records are available).

• Strict enforcement of existing legal mechanisms is now being undertaken to promote a culture of accountability within CPAs and discourage rogue CPA executives from operating in a manner that is inconsistent with the aspirations of the CPA membership.

• The Departmental CPA monitoring capacity will be improved in order to better understand the needs of CPAs and provide on time support.

• Internal capacity building needs are continuously being identified in order to improve departmental regulatory capability and discourage unlawful interventions on CPAs by departmental officials.

• The possibility of deconsolidating big CPAs that comprise of various communities who do not regard themselves as a single community, is being explored.

• The Departmental post settlement support mechanisms are being improved and will be made accessible to CPAs. Such mechanisms shall be set in motion as soon as land restoration is chosen by claimants for timeous enterprise planning, setting up of appropriate enterprise management structures, identification of capacity building needs and provision of training.

Reply:

The claim is targeted for settlement during the fourth quarter of 2019/2020 financial year, pending acceptance of the Standard Settlement Offer by the Lower Zingcuka community, which will be presented to the Community by end of November 2019.

END