Questions and Replies

Reply:

All examining panels are subjected to an annual review process, based on feedback from the previous cycle as well and replacements that may be necessary given the normal process of attrition. The 2018 Business Studies examining panel comprised four examiners and one internal moderator. On conclusion of the 2018 cycle, three examiners tendered their resignations due to personal reasons. Additional examiners were appointed to replace those that resigned and the panel has been augmented to ensure that internal moderation is strengthened. The panel now comprise four examiners and two internal moderators.

Reply:

The Jan Smuts Dam in Brakpan is owned by the City of Ekurhuleni and not by the Department of Water and Sanitation (DWS) as it is not classified as a dam with a safety risk it terms of Section 117(c) of the National Water Act.

Accordingly, it is suggested that the Honourable Member consider referring the question to, the Minister of Cooperative Governance and Traditional Affairs who is in a better position to respond to issues regarding the rehabilitation works, the budget and timeframes for the Jan Smuts Dam.

Reply:

1. The Ministry of Cooperative Governance and Traditional Affairs established a forum of Ministers and MECs responsible for local government called ‘MINMEC’. This Forum is established in terms of Section 9(1) of the Intergovernmental Relations (IGR) Framework Act, Act No 13 of 2005.

2. (a) The membership of the MINMEC forum comprises of the following:

(i) Minister of Cooperative Governance and Traditional Affairs as the Chairperson of the Forum;

(ii) Deputy Minister of Cooperative Governance and Traditional Affairs;

(iii) Executives of the South African Local Government Association;

(iv) Chairpersons of the Select Committee and Portfolio Committee of Cooperative Governance and Traditional Affairs; and

(v) Chairperson and Deputy Chairperson of the National House of Traditional Leaders.

(b) The MINMEC meets quarterly.

(c) This year the forum met on 22 February 2019, 19 June 2019 and 16 August 2019.

(d) The objectives of this Forum are as follows:

(i) To raise matters pertaining to the core mandate of COGTA affecting Cooperative Governance, provinces, local government and traditional leadership;

(ii) To discuss initiatives and facilitate inputs from provinces and organised local government to improve and align the coordination of planning efforts across the three spheres of government;

(iii) To consult provincial governments, organised local government, sector departments and the institution of traditional leadership on:

• The development and implementation of national programmes, policy and legislation impacting on local government and ensure that they are responsive to municipal and community needs and that resources for implementation are identified; and
• Measures to improve performance of local government.

(iv) To coordinate and monitor the implementation of strategies to accelerate service delivery to detect failures and to initiate preventive or corrective action when necessary and

(v) To discuss the developmental role of the institution of Traditional Leadership especially in relation to rural development and ensure acceleration of the work of the Commission on Traditional Leadership Disputes and Claims.

(e) The forum concurs that vertical and horizontal IGR challenges be addressed and that the review of the IGRFA of 2005 be used as a starting point in addressing some of the persisting governance challenges.

3. The Department conducted an IGR status quo analysis study in the 2014/2015 financial year. The primary objective of this study was to ascertain the true state of affairs (what are the critical challenges but also what is working) relating to IGR at all three spheres of government.

In a summary, the study found that a plethora of IGR platforms and structures exist vertically and horizontally across all three spheres of government, but for example, proper agenda setting for service delivery orientated and outcomes based planning, budgeting and implementation remain a challenge. Furthermore the study found that a mandate and role confusion still persists amongst these different platforms and structures which lead to inter alia duplication of mandates and reporting challenges, etc.

The study recommended that these and other governance related matters should be addressed through the review of the IGRFA of 2005, which will be undertaken in the 2019/20 financial year, but also the implementation of certain empowering provisions as specified under section 47(1) of the IGRFA. Regulations relating to section 47(1)(c) of the IGRFA will be Gazetted in the 2019/20 financial year that will frame the implementation of the District Development Model that will not only contribute to strengthening intergovernmental planning, budgeting and implementation but to start making IGR more outcome orientated.

Ends.

Reply:

a) SARS cannot identify listening devices imported into the country by SARS.

b) Not applicable.

Reply:

(a)(i)(ii)(b) SARS has no record that a certain person was approached with a financial offer in April 2014 and no amount was ever paid by way of settlement to the person concerned.

Reply:

1. No, National Treasury is not actively considering the introduction of prescription of assets. I want to assure all member of any retirement fund that Government’s first and foremost responsibility is to protect their funds at all times, and we have in fact strengthened our regulatory system to continue to do so (e.g. through “Twin Peaks” legislation like the Financial Sector Regulation Act of 2017). In addition, the current regulatory framework in terms of the Pensions Fund Act (PFA) places a fiduciary duty on trustees of funds to always invest prudently and in the best interest of the members. This naturally means investing for the long term, in ways that support economic development and growth, and earning good returns based on fund and market fundamentals. This is good for pension fund members as well as the country. Regulation 28 of the PFA and Guidance Notice 1 of 2019 on Sustainability of Investments and Assets already require pension fund trustees to consider Environmental, Social and Governance (ESG) issues when making investments (refer to Guidance Notice 1 of 2019 on Sustainability of Investments and Assets in the context of retirement funds issued by the Financial Sector Conduct Authority (FSCA) and available on its website www.fsca.co.za).

I would like to caution all who make public comments on retirement funds, including those who report on them, to take greater care that they do not in the process scare retirement fund members to cash out their funds and hence not to preserve their savings. They will become more vulnerable in old age, when they retire and no longer have a decent income or savings.

2. National Treasury has not held any consultative meetings this year with industry or any person on prescribed assets. Guidance is currently given by Government through Regulation 28 and the abovementioned Guidance Notice.

Reply:

(1) The information which was received from the Provincial Departments of Cooperative Governance and Traditional Affairs is contained in the table below.

REPLY: PQ 1201 (1)

NORTHERN CAPE	Provincial legislation is aligned with the provisions of the Traditional Leadership and Governance Framework Act, Act 41 of 2003. Section 9 of the Northern Cape Traditional Leadership, Governance and Houses of Traditional Leaders Act, 2001 deals with the function of a traditional Council which determines “(1) The traditional council of any traditional community, must subject to the provisions of the Constitution , the Framework Act, this Act and any other law: (m) keep proper records of its activities and accounts as audited; (n) have its financial statements audited.” It also makes provision in Section 27 (1)-(4) for the auditing of the books and accounts of traditional councils by the Auditor-General. In addition, because of the high costs involved with auditing of books, most of the councils are not in a financial position to have their books audited. As an intervention, the Head of Department (HoD) of the Department of Cooperative Governance, Human Setllements and Traditional Affairs (CoGHSTA) approved the auditing of the accounts of Traditional Councils in 2016, however the actual audit was not actioned. The Department has been checking the books of the traditional councils on a monthly basis. It is then processed and captured on an online system Softline Pastel. To date all bank statements are reconciled and provisional financial statements are compiled and provided to the traditional councils.
GAUTENG	The Gauteng Provincial Government is empowered by Section 7(1) and 28(a)-(b) of the Gauteng Traditional Leadership and Governance Act, 2010 (Act No4 of 2010). Section 7 (1) states that “the books and accounts of every traditional council must be audited by the Auditor-General”. Section 28(a)(b) states that “A traditional council must- (a)keep proper records of all its activities and income and expenditure; and (b)make the records referred to in paragraph (a) available to be audited by the Auditor-General”.
NORTH WEST	Section 31(1) of the North West Traditional Leadership and Governance Act, 2005 (Act No. 2 of 2005) provides that:- “The books and accounts of every traditional community, recognized in terms of section 3 must be audited by the Auditor-General”.

LIMPOPO	The Limpopo Province has through the Traditional Leadership and Institutions Act, Act 6 of 2005, gave effect to section 4(2)(b) of the Traditional Leadership and Governance Framework Act, by legislating it into law. Section 29(2) of Limpopo Traditional Leadership and Institution Act, Act No 6 of 2005 states as follows: “A traditional council must make the records referred in sub section (1) available to be audited by the Auditor General.”
KWA-ZULU NATAL	Section 8 (2) (b) of The KwaZulu-Natal Traditional Leadership and Governance Act No. 5 of 2005 states that; “A traditional council must have its financial statements audited by the Auditor-General”
FREE STATE	Section 26F (2)(b) of the Free State Traditional Leadership and Governance Amendment Act, Act No. 4 of 2018 states as follows: “A principal traditional council must- (b) have its financial statements audited by the Auditor-General and submit such audited statements to the Premier within one month from the date of receipt thereof”
MPUMALANGA	The Mpumalanga Traditional Leadership and Governance Act, No. 3 of 2005 under Section 9 (4) makes the following provision “the books of account of the traditional council must be audited as prescribed”.
EASTERN CAPE	The Eastern Cape Traditional Leadership and Governance Act, No. 1 of 2017 under Section 17 (2) (b) makes the following provision, “A principal traditional council is required to have its financial statements audited”.

(2) whether any mechanisms have been put in place by her department to monitor the implementation of the requirement that traditional councils’ financial statements need to be audited; if not, why not; if so, what are the relevant details;

Currently the Department does not have a formal mechanism to monitor the auditing of financial statements in traditional councils. Engagements with Provinces and the Auditor General revealed challenges of the possible costs of auditing the accounts of traditional councils given that most councils manage fairly small amounts of money. In addition, a concern was raised about a lack of a clear Accounting Convention Framework for traditional councils.

(3) what steps has her department taken to ensure compliance with the requirement that traditional council financial statements be audited?

The Department has introduced a quarterly reporting system at which Provincial Departments of Traditional Affairs are required to report quarterly on traditional affairs matters. A formal structure called the Traditional Affairs Technical Governance Forum (TATGoF) has been established and meets regularly to process the reports referred to. The reporting framework will be revised to include the auditing of accounts of traditional councils.

In addition, the Department of Traditional Affairs is investigating the feasibility of developing an Accounting Convention Framework for structures of traditional leadership and once this exercise is complete, it would provide a guide on how to proceed with this matter.

Ends

Reply:

(a)(b)(c) A certain company (details furnished) is not reflected on the SARS vendor masterrecord and therefore SARS has no record that this company has ever been contracted, including the period 1 January 2008 to 31 December 2014, by SARS.

Reply:

All employers, including the SSA, are required to deduct pay-as-you-earn from remuneration paid to employees in accordance with the Fourth Schedule to the Income Tax Act, 1962; and SARS has issued a Guide which is publicly available to assist employers.

(a)(b) SARS is statutorily unable to disclose details of any arrangement made with or about any person who is a taxpayer.

Reply:

1(a) There were no grounds for dismissal

(b) South Africa, as the employing country

2(a) Yes, by the Director-General

(b) On the basis that the dismissal was found to be both procedurally and substantively unfair

3(a) Not yet

(b) The date of reemployment has not been finalised

Reply:

a) Information received from the Limpopo Department of Education indicates that 107 contracts have been issued for scholar transport in Limpopo.

b) The financial implications for three years are as follows:

2019/20 Financial Year	2020/21 Financial Year	2021/22 Financial Year
307,245 m	324,143	341,970

c) The bid was evaluated on functionality, price and BBBEE Status. The Functionality evaluation was based on the following criteria and values illustrated below:

NO	CRITERIA	ALLOCATED POINTS	Total Weight of criterion
1	Capacity to deliver the service on tendered route : Busses available registered in the name of a bidding company	20	20
2.	Back-up per route Bidders are expected to show proof of backup vehicles in case of unavailabity of the contracted vehicles (Proof of backup in name of a bidding company or lease agreement in case the bidder does not have additional fleet)		15
	Proof of vehicle ownership reserved for backup plan in the name of the bidding company. (Proof of ownership must be attached.) OR	15
	In case the bidding company does not have substitute vehicle, a written agreement between service provider and third party which will only be utilised during unforeseen circumstances like breakdowns. This agreement will only be used for a maximum period of 30 days. The third party and his/her fleet must have a depot in Limpopo. NB: Proof of ownership of busses for the third party must be attached.	5
3.	Proof of address for bus depot and business address documents issued by local municipality or traditional Authority.		15
	Locality in a district were the depo is located within Limpopo Province	15
	Locality Outside the district municipality but within Limpopo Province	10
	Outside Limpopo province	5
4. 4.1. 4.2	Risk Management Describe possible risk that may arise when transporting learners.		20
	Five and more Risks	10
	Four risks	8
	Three x risks	6
	Two x risks	4
	One x risk	2
	Explain the mitigation factors
	Five and more mitigations	10
	Four x mitigations	8
	Three x mitigations	6
	Two x mitigations	4
	One x mitigation	2
5.	Operational plan A detail operational plan that will be used to ensure that learners are always on time at school		25
	5.1  Adherence to time schedule/s	5
	5.2 Day to day operations 5.2.1 Daily Vehicle Maintenance 5.2.2 Inspection and services 5.2.3 Bus safety features (physical and electronic) 5.2.4 Safer driving techniques	3 3 2 2
	Learner supervision in a bus, on pick up as well as drop off points	5
	Standard operation procedure in an event of accident	5
6.	Proven track record on learner transport		5
	1-5 years’ experience with contactable reference	3
	6-10 years or more with contactable reference	5
TOTAL 100

NB: Bidders that score less than 70 points out of 100 in respect of functionality will be regarded as non-responsive and will not be considered for further evaluation on Price and BBB-EE stages. Points scored for functionality will not be taken into consideration for price and BBB-EE evaluation

8.2. Price and BBBEE

PHASE 2

NO	CRITERIA	POINTS
1	Price	90
2	BBB-EE	10
Total	100

Reply:

The information contained in the tables below was received from the Provincial Departments of Cooperative Governance and Traditional Affairs.

NORTHERN CAPE PROVINCIAL COGTA

REPLY: PQ 1202

Whether, with reference to section 4(2)(b) of the Traditional Leadership and Governance Framework Act, Act 41 of 2003, which requires that provincial legislation must regulate the performance of functions by a traditional council by requiring the auditing of its financial statements, any province requires the Auditor-General to audit traditional councils’ financial statements; if not, (a) why not,	(a) No, because of the high costs involved with auditing of books, most of the traditional councils are not in a financial position to have their books audited by the Auditor-General.
(b) who is responsible for auditing the financial statements of traditional councils; and	(b) The unit within the Department of Cooperative Governance, Human Settlements and Traditional Affairs has been checking the books of traditional councils.
(c) which traditional councils had their financial statements audited by a person other than the Auditor-General since the specified Act came into effect; if so, (i) which traditional councils had their financial statements audited by the Auditor-General since the specified Act came into effect,	(c) (i) No traditional council in the Northern Cape had its financial statements audited by a particular person or the Auditor-General because of lack of funds.
(ii) on what date was each audit conducted and (iii) what is the frequency of audits conducted on the financial statements of traditional councils? NW2412E	The books of the traditional councils are checked on a monthly basis. The information is then processed and captured on an online system Softline Pastel.

GAUTENG PROVINCIAL COGTA

REPLY: PQ 1202

Whether, with reference to section 4(2)(b) of the Traditional Leadership and Governance Framework Act, Act 41 of 2003, which requires that provincial legislation must regulate the performance of functions by a traditional council by requiring the auditing of its financial statements, any province requires the Auditor-General to audit traditional councils’ financial statements; if not, (a) why not,	The Gauteng Provincial Government is empowered by Section 7(1) and 28(a)-(b) of the Gauteng Traditional Leadership and Governance Act, 2010 (Act No4 of 2010). Section 7 (1) states that “the books and accounts of every traditional council must be audited by the Auditor-General” Section 28(a)(b) states that “ A traditional council must- (a)keep proper records of all its activities and income and expenditure; and (b)make the records referred to in paragraph (a) available to be audited by the Auditor-General.
(b) who is responsible for auditing the financial statements of traditional councils; and	(b) The Auditor-General is responsible for auditing the financial statements of the traditional councils and the audits forms part of the Gauteng Department of Cooperative Governance and Traditional Affair’s annual audit.
(c) which traditional councils had their financial statements audited by a person other than the Auditor-General since the specified Act came into effect; if so, (i) which traditional councils had their financial statements audited by the Auditor-General since the specified Act came into effect,	(c) Not applicable. (i) The two traditional councils in Gauteng, namely the Amandebele ba Lebelo and Amandebele Ndzundza Sokhulumi traditional councils.
(ii) on what date was each audit conducted and (iii) what is the frequency of audits conducted on the financial statements of traditional councils? NW2412E	(ii)(iii)The audits are conducted annually as part of the Department’s audit.

NORTH-WEST PROVINCIAL COGTA

REPLY: PQ 1202

Whether, with reference to section 4(2)(b) of the Traditional Leadership and Governance Framework Act, Act 41 of 2003, which requires that provincial legislation must regulate the performance of functions by a traditional council by requiring the auditing of its financial statements, any province requires the Auditor-General to audit traditional councils’ financial statements; if not, (a) why not,	Section 31(1) of the North West Traditional Leadership and Governance Act, 2005 (Act No. 2 of 2005) provides that:- “The books and accounts of every traditional community, recognized in terms of section 3 must be audited by the Auditor-General”.
(b) who is responsible for auditing the financial statements of traditional councils; and	(b)The Auditor-General, but due to a lack of an accounting framework the financial statements of traditional councils were not submitted for auditing.
(c) which traditional councils had their financial statements audited by a person other than the Auditor-General since the specified Act came into effect; if so, (i) which traditional councils had their financial statements audited by the Auditor-General since the specified Act came into effect,	(c) None of the traditional councils’ financial books and accounts were audited by the Auditor General since the inception of Act No. 2 of 2005. (i) None
(ii) on what date was each audit conducted and (iii) what is the frequency of audits conducted on the financial statements of traditional councils? NW2412E	(ii) No audits were conducted (iii)No audits are conducted

MPUMALANGA PROVINCIAL COGTA

REPLY: PQ 1202

Whether, with reference to section 4(2)(b) of the Traditional Leadership and Governance Framework Act, Act 41 of 2003, which requires that provincial legislation must regulate the performance of functions by a traditional council by requiring the auditing of its financial statements, any province requires the Auditor-General to audit traditional councils’ financial statements; if not, (a) why not,	The Mpumalanga Traditional Leadership and Governance Act, No. 3 of 2005 under Section 9 (4) makes the following provision “The books of account of the traditional council must be audited as prescribed”
(b) who is responsible for auditing the financial statements of traditional councils and	(b)The Internal Audit and the Risk and Compliance Unit of the Department are responsible for auditing the financial statements and issue opinions for management to attend to.
(c) which traditional councils had their financial statements audited by a person other than the Auditor-General since the specified Act came into effect; if so, (i) which traditional councils had their financial statements audited by the Auditor-General since the specified Act came into effect,	(c) All the Traditional councils are audited by the Internal Audit and the Risk and Compliance Unit of the Department. (i) As alluded above, financial statement are not audited by the AG directly
(ii) on what date was each audit conducted and (iii) what is the frequency of audits conducted on the financial statements of traditional councils? NW2412E	(ii)As indicated there are no specific dates that the Auditor General conducted the audits. (iii)The internal audit conducts the audit of financial statement through the year. The risk and compliance unit conducts quarterly audit of the Traditional council, the Traditional council coordinators visits all Traditional council every week to check the financial books of the traditional councils

LIMPOPO PROVINCIAL COGTA

REPLY: PQ 1202

Whether, with reference to section 4(2)(b) of the Traditional Leadership and Governance Framework Act, Act 41 of 2003, which requires that provincial legislation must regulate the performance of functions by a traditional council by requiring the auditing of its financial statements, any province requires the Auditor-General to audit traditional councils’ financial statements; if not, (a) why not,	Section 29(2) of Limpopo Traditional Leadership and Institution Act, Act No 6 of 2005 states as follows: “A traditional council must make the records referred in sub section (1) available to be audited by the Auditor General.”
(b) who is responsible for auditing the financial statements of traditional councils; and	(b)The Auditor-General is supposed to conduct the audits in respect of the financial statements of traditional councils in line with Section 29(2) of Limpopo Traditional Leadership and Institutions Act, Act No 6 of 2005. Attempts were made by the Provincial Treasury to request the Auditor-General to audit financial statements of traditional councils. The response by the Auditor-General regarding this matter dated 06 November 2017 indicated to the effect that the request by the Provincial Treasury cannot be implemented as traditional councils do not have accounting standards.
(c) which traditional councils had their financial statements audited by a person other than the Auditor-General since the specified Act came into effect; if so, (i) which traditional councils had their financial statements audited by the Auditor-General since the specified Act came into effect,	(c)None. The Department assists Traditional Councils by reconciling their financial records. (i) None
(ii) on what date was each audit conducted and (iii) what is the frequency of audits conducted on the financial statements of traditional councils? NW2412E	(ii) No audits were done (iii)Traditional Councils are supposed to be audited annually, in terms of Limpopo Traditional Leadership and Institution Act No 6 of 2005.

FREE STATE PROVINCIAL COGTA

REPLY: PQ 1202

Whether, with reference to section 4(2)(b) of the Traditional Leadership and Governance Framework Act, Act 41 of 2003, which requires that provincial legislation must regulate the performance of functions by a traditional council by requiring the auditing of its financial statements, any province requires the Auditor-General to audit traditional councils’ financial statements; if not, (a) why not,	Section 26F (2)(b) of the Free State Traditional Leadership and Governance Amendment Act, No. 4 of 2018 states as follows: “ A principal traditional council must- (b) have its financial statements audited by the Auditor-General and submit such audited statements to the Premier within one month from the date of receipt thereof”
(b) who is responsible for auditing the financial statements of traditional councils; and	(b) The Free State Department of Cooperative Governance and Traditional Affairs (CoGTA) has only provided an opinion on the adequacy and effectiveness of internal controls governing the bank and cash management process to enhance financial record keeping and ensure consistency across the traditional councils.
(c) which traditional councils had their financial statements audited by a person other than the Auditor-General since the specified Act came into effect; if so, (i) which traditional councils had their financial statements audited by the Auditor-General since the specified Act came into effect,	(c) The Free State CoGTA has only provided an opinion on the adequacy and effectiveness of internal controls governing the bank and cash management process (i) None, The traditional councils do not compile financial statements due to lack of capacity/expertise to compile the said statements for auditing purposes.
(ii) on what date was each audit conducted and (iii) what is the frequency of audits conducted on the financial statements of traditional councils? NW2412E	Information not received from the Free State CoGTA

KWA-ZULU NATAL PROVINCIAL COGTA

REPLY: PQ 1202

Whether, with reference to section 4(2)(b) of the Traditional Leadership and Governance Framework Act, Act 41 of 2003, which requires that provincial legislation must regulate the performance of functions by a traditional council by requiring the auditing of its financial statements, any province requires the Auditor-General to audit traditional councils’ financial statements; if not, (a) why not,	Section 8 (2) (b) of The KwaZulu-Natal Traditional Leadership and Governance Act No. 5 of 2005 states that “ A traditional council must have its financial statements audited by the Auditor-General”
(b) who is responsible for auditing the financial statements of traditional councils; and	(b)In KwaZulu-Natal the financial statements of the 289 Traditional Councils are audited by the Auditor General of South Africa (AGSA).
(c) which traditional councils had their financial statements audited by a person other than the Auditor-General since the specified Act came into effect; if so, (i) which traditional councils had their financial statements audited by the Auditor-General since the specified Act came into effect,	(c) None (i) 289 Traditional Councils had their financial statements audited by the Auditor General of South Africa (AGSA). (Names not furnished)
(ii) on what date was each audit conducted and (iii) what is the frequency of audits conducted on the financial statements of traditional councils? NW2412E	(ii) The AGSA starts the audit process by conducting a status of records review in December of each year which is then followed by the main audit of the annual financial statements and legislation in May of each year The AGSA conducts this audit on an annual basis with the last audit outcome of financial year ended 31 March 2019 receiving a clean audit opinion.

EASTERN CAPE PROVINCIAL COGTA

REPLY: PQ 1202

Whether, with reference to section 4(2)(b) of the Traditional Leadership and Governance Framework Act, Act 41 of 2003, which requires that provincial legislation must regulate the performance of functions by a traditional council by requiring the auditing of its financial statements, any province requires the Auditor-General to audit traditional councils’ financial statements; if not, (a) why not,	The Eastern Cape Traditional Leadership and Governance Act, No. 1 of 2017 under Section 17 (2) (b) makes the following provision “ A principal traditional council is required to have its financial statements audited”
(b) who is responsible for auditing the financial statements of traditional councils; and	Information not received from Eastern Cape Provincial Cooperative Governance and Traditional Affairs.
(c) which traditional councils had their financial statements audited by a person other than the Auditor-General since the specified Act came into effect; if so, (i) which traditional councils had their financial statements audited by the Auditor-General since the specified Act came into effect,	Information not received from Eastern Cape Provincial Cooperative Governance and Traditional Affairs.
(ii) on what date was each audit conducted and (iii) what is the frequency of audits conducted on the financial statements of traditional councils? NW2412E	Information not received from Eastern Cape Provincial Cooperative Governance and Traditional Affairs.

Ends.

Reply:

(1) (2) On the 27th August 2019, the CEO of SACE reported that the screening of educators prior to registration, is only done through the submission of the police clearance certificate.

She further reported that the Department of Justice & Constitutional Development was not yet ready with its National Sexual Offenders Register (NRSO) and therefore it was not accessible to public entities; public and Government departments for use.

In line with this Question 1(a) is not yet applicable, so is 1 (b) and Question 2.

Reply:

The Department of Basic Education (DBE) has not finalised specific criteria for using implementing agents for school infrastructure upgrades and construction. The “draft guidelines on minimum standards for implementing agents” have been developed and the DBE is in the process of consultations on the guidelines.

Reply:

1. The current administration has no knowledge that any SARS employee held an in-depth interview with a certain newspaper. SARS employees are prohibited from disclosing any taxpayer information contrary to the provisions of Chapter 6 of the Tax Administration Act, 2011. This is an offence in terms of section 236 of that Act.

2. (a)(b) As at the date of providing this response SARS cannot locate a reply to a media inquiry to a certain newspaper during 1 January 2014 and 31 March 2014. It is however noted that in an article published by a certain newspaper on 20 March 2014 it is reported that “Sars provided amaBhungane with general details of the work it has done to combat non-compliance in the tobacco industry, but did not comment on the specific incidents referred to in this article.”

Reply:

1. (a) Below are link summarizing the monies allocated and disbursed to state owned enterprises over the last years. There are two types of payments, the first is the recapitalization funding and the other transfers to public corporations. Transfers are regular payments made to entities by parent departments.

http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW302.pdf 

1) (b) With regard to transfers to public corporations- Regular transfers for operations paid by the parent department have no conditions. The recapitalization conditions detail is listed below for each SOE.

Broadband Infraco:

1) (b) No Conditions - Funds were allocated for establishment costs as this was a newly created entity.

1. No conditions
2. No conditions
3. No conditions breached

Denel

1. (b) Allocated subject to Cabinet approval of Denel's strategy, business plan and funding plan
2. Corporate plan approved
3. Monthly meetings continue to be held with the SOC and the Department of Public Enterprises
4. NA

Development Bank of Southern Africa

1. (b) There were no specific conditions for the recapitalisation the Development Bank of Southern Africa. It was meant to stabilise their financial position after making loses in the previous years
2. No conditions
3. No conditions
4. No conditions breached

Eskom

2008/09 -2010/11 Subordinated loan (R60 billion)

1) (b) The conditions that were imposed on Eskom mainly related to Eskom achieving certain financial metrics in order to service the debt as well as interest.

2) Due to deterioration of its financial position, Eskom did not meet these conditions. Ultimately, the loan was converted into equity in 2015 as part of the Government support package that was provided to Eskom.

3) Quarterly progress reports and regular engagements between the National Treasury, DPE and Eskom.

4) No conditions were breached. The subordinated loan was later converted to equity in line with a cabinet decision as part of Government Support Package to Eskom.

2015/16 R23 billion equity

1.(b) The conditions as detailed below:

• 1. Developing a three-year generation strategy;
• 2. Developing a comprehensive maintenance strategy;
• 3. Delivering at least R60 billion through cost savings programme in line with the 2015 corporate plan;
• 4. Submit application to NERSA for tariff adjustments;
• 5. Raise the borrowing programme additional R52 billion of debt over the planned borrowings in the MYPD3;
• 6. No new investment to be undertaken in future coal mines;
• 7. Connect Renewable Energy programme to the National grid;
• 8. Implement the R250 billion capex together with additional R29 billion for critical transmission and distribution infrastructure;
• 9. Limit cost overruns in the new build programme;
• 10. Review of labour costs, employee benefits and salary adjustments;
• 11. Develop a detail proposal for the disposal of non-core assets;
• 12 Independent review of operating model and subsidiaries;
• 13. Ensure all the investigations initiated by the Board are concluded within the contracted timelines and submit findings to National Treasury and DPE;
• 14. Fill vacant position as a matter of priority; and
• 15. Provide quarterly reports to National Treasury and DPE
•  
• However, initially did not meet the below conditions such as:
• 1. Detailed study on labour costs;
• 2. Study on the operating model; and
• 3. Not providing sufficient information on the quarterly report according to National Treasury requirements.

 

2) Yes all the conditions were subsequently met

3) Quarterly progress reports and regular engagements between the National Treasury, DPE and Eskom.

4) Funds were withheld until ESKOM complied with conditions

2019/20 R23 billion equity

1) (b) No conditions were attached.

1. No conditions
2. No conditions
3. No conditions breached

Land and Agricultural Development Bank of South Africa

1. (b) There were no specific conditions for the recapitalisation the Land and Agricultural Development Bank of South Africa. It was meant to stabilise their financial position after making loses in the previous years
2. No conditions
3. No conditions
4. No conditions breached

National Housing Finance Cooperation

1. (b) No conditions were given
2. No conditions
3. No conditions
4. No conditions breached

National Urban Reconstruction and Housing Agency

1. (b) Use recapitalisation funds to repay loan commitments.
2. Yes - conditions were met
3. Quarterly reports - Proof of loan repayment contained in 2016 Annual Report notes to the financial statements
4. NA

Rural Housing Loan Fund

1. (b) No conditions were given
2. No conditions
3. No conditions
4. No conditions breached

South African Airways (SAA)

1) (b) Money should be used only for government guaranteed debt, SAA should submit maturity profile of government guaranteed debt together with negotiation plan to manage short-term debt; provide progress reports on progress on initiatives that have been implemented to improve working capital management, provide quarterly financial performance reports

2) Yes

3) Weekly and monthly meetings are being held to monitor financial performance and implementation of measures to improve cash flow

4) Na

South African Express SOC Limited (SAX)

1 (b)

• 1. Funds will not be utilised to repay any portion of debt owed by South African Express Airways SOC Limited to Transnet;
• 2. The funds should be utilised only to repay South African Express Airways SOC Limited government guaranteed debt;
• 3. Upon recapitalisation, South African Express Airways SOC Limited’s government guarantees will be reduced in line with the quantum of recapitalisation;
• 4. South African Express Airways SOC Limited submits monthly progress reports on the utilization of funds to the Department of Public Enterprises and the National Treasury;
• 5. By 31 December 2018, Department of Public Enterprises should present a plan for approval by Cabinet of the optimal corporate structure for state owned airlines which should include options that will be pursued for strategic equity partnerships and the disposal of non-core assets; and
• 6. By 31 December 2018, South African Express Airways SOC Limited and Department of Public Enterprises should submit a comprehensive plan that outlines the airlines strategy to reduce its reliance on Government financial support in the form of guarantees or recapitalisation.

2) The airline used some of the money to pay for leases instead of guaranteed debt as was required

3) Monthly meetings are held

4) A Letter was written to the Department of Public Enterprises and the entity was notified about the irregular expenditure. The Auditor General South Africa was also notified.

South African Post Office

1) (b)

• R650m Amount was allocated as recapitalisation of SAPO to implement a strategic turnaround plan. The conditions set were as follows: 1. SAPO must not utilize this allocation to fund any past or future salary increases and bonuses. The DTPS must ensure compliance with this condition.
• 2. The Department must further ensure SAPO continues to submit progress reports on the implementation of its Strategic Turnaround Plan by 20th of every month, clearly providing a breakdown of how the funds have been used. National Treasury should be notified prior to the due date should there be any delays in the submission of the report.
• R3.7bn
• 1. SAPO effect payment to the Facility Agent (Nedbank) to defray the R3.7bn loan.
• 2. SAPO providing a letter to National Treasury from Facility Agent confirming that the R3.7bn facility has been defrayed in full.
• 3. The guarantee agreement entered into between the lenders and the National Treasury will be terminated upon the receipt of the confirmation letter as set out above.
• 4. SAPO will be liable to pay any outstanding interest of fees that may arise, after the R3.7bn allocation is affected, ensuring that the R3.7bn facility is fully defrayed.
• 5. SAPO's R4.17bn guarantee and R4.42bn borrowing limit will be reduced by R3.7bn. The National Treasury will issue a letter to this effect upon the settlement of the R3.7bn facility. All guarantee conditions will remain in full force and effect.
• 6. SAPO will continue to report to the Monthly Monitoring Task Team on the development and implementation of a revised corporate strategy on a monthly and quarterly basis.
• R2.9bn
• 1. SAPO's R470 million guarantee will be folded into this guarantee.
• 2. The guarantee will lapse after three years or as soon as the loan to be raised is defrayed, whichever comes sooner.
• 3. The monthly monitoring task team will continue for the duration of the guarantee period.
• 4. SAPO to provide monthly reports on the company's financial position and progress in developing and implementing a longer term turnaround strategy.
• 5. SAPO will provide monthly cash flows and projections as well as a breakdown of all outstanding creditor balances and projected creditor balances.
• 6. Should labour increase (including back pay) exceed the assumption included in the cash requirement calculation submitted for this application, measures will be taken by SAPO to ensure that the overall salary bill remains within the budget identified.
• 7. The guarantee will be reduced by allocations or recapitalisation that may be made to SAPO.
• 8. SAPO will be responsible for the drafting of a feasible and implementable corporate strategy framed within the legislative prescripts of its relevant policies. The corporate strategy will be accompanied by operational plans that will assist in monitoring the implementation and progress made by SAPO.
• 9. SAPO with the assistance of DTPS to implement its 4 phased cost reduction strategy including its revised business model as part of the 2019 corporate strategy.
• 10. All critical vacancies are to be filled within 5 months of the issuance of this guarantee.
• 11. SAPO will rebalance its post office network in an effort to eliminate operational and cost inefficiencies.
• 12. SAPO will not utilise the excess capital within Postbank to fund operations.

2) Yes

3) Monthly meetings, Monthly and quarterly reports

4) None. All conditions relating to the R650m and the R3.7b allocations have been fully met. With regard to the R2.9b allocation, conditions have been met, and the 2019 Corporate Plan submitted by the Post Office addresses the conditions that are related to the revised business model.

South African Postbank

1) (b)

- The Postbank is to provide a comprehensive project plan that sets out specific project implementation, timelines and responsibilities along with associated budgets;

-The Postbank will provide quarterly progress reports on projects and expenditure against the budget.

2. Conditions are partially met in a sense that the corporatisation is still ongoing process due to the long nature of the process that had to be undertaken

3. Monitoring meetings between DoC and Treasury were held on a regular basis where progress was discussed and noted.

4. NA

Reply:

(a)(b)(c) According to SARS available records, SARS did not lease any offices in Waterfall Park during the period 1 January 2009 until 31 December 2014.

Reply:

1. Since the introduction of Comprehensive Sexuality Education in 2000, the Department of Basic Education has held continuous consultative engagements with education stakeholders at National and Provincial level. The views of parents are represented by School Governing Body Associations who form part of the National Consultative Forum of the DBE, where CSE programmes are continually discussed.

The views of religious groups and relevant non-governmental organisations are represented through the South African National AIDS Council (SANAC), which is the official coordinating structure of the country’s response to HIV and the relationship between Government, civil society organizations and the religious sector among others.

(2) whether the CSE policy is evidence based; if not, what is the position in this regard; if so, what is the empirical evidence upon which the policy is based;

Response: The Department of Basic Education has no CSE policy. Instead, CSE is embedded in the Life Skills and Life Orientation Curriculum and Assessment Policy Statement (CAPS). The empirical evidence is drawn from the following studies:

• General Household Survey on Schooling
• South African National HIV Prevalence, HIV Incidence, Behaviour and Communication Survey
• South African Youth Risk Behaviour Survey
• Southern Africa Consortium for Monitoring Educational Quality
• UNESCO International Technical Guidance on Sexuality Education

(3) (a) can a parent choose to opt out of the CSE by not allowing their child to attend the programmes, (b) were the parents given an opportunity to give their views on the content of the CSE, (c) were their concerns addressed and (d) how was this conducted;

Response: (a) All learners in public schools receive set provisions as per the CAPS. Parents have a right to opt out of the current curriculum, provided that they can produce an alternative curriculum that meets the required CAPS criteria for competence. (b) see number 1 above; (c) see number 1 above; (d) see number 1 above.

(4) (a) what actions will be taken against teachers who are opposed to the CSE and (b) is there an option for a teacher to refuse to give CSE programmes?

Response: CSE is provided as part of the Life Skills and Life Orientation CAPS. Teachers are required to deliver curriculum as set in the CAPS. The DBE ensures that teachers are supported on seamless delivery of CSE lessons in life Orientation.

NW2187E

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

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

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

Reply:

(1)(a) Information on State-paid educators is captured on the PERSAL system and their origin can be traced. However, the Department does not necessarily monitor interprovincial migration of educators as it is not a priority at this stage.

(b) Similarly, information including the nationality of foreign educators that are employed and paid by the State is captured on the PERSAL system.

(i) (bb) (aaa) As indicated above, information is currently not available as the Department does not analyse information on educator interprovincial migration.

(bbb) As at August 2019, there were 1 348 foreign educators on PERSAL, excluding those that have since obtained permanent residence.

(iii) The following table shows the nationality of foreign educators currently employed in State-paid posts, excluding those that have since obtained permanent residence.

COUNTRY OF ORIGIN	NUMBER OF EDUCATORS
BOTSWANA	3
BURUNDI	2
CAMEROON	11
COTE D'LVOIRE	1
CUBA	1
EGYPT	1
ETHIOPIA	2
GERMANY	2
GHANA	128
INDIA	16
LESOTHO	19
MALAWI	7
NAMIBIA	19
NIGER	1
NIGERIA	42
PERU	4
REPUBLIC OF CONGO	4
ROMANIA	1
SWAZILAND	10
UGANDA	14
ZAMBIA	10
ZIMBABWE	1 050
Grand Total	1348

(2) Yes. The Department issued guidelines on the appointment of foreign educators. The copy is attached.

Reply:

1. The value of the official gold reserves as at 30 September 2019 was US$5.97 billion (ZAR90,88 billion) (as outlined in the monthly release below), which is approximately 4 million fine ounces. As indicated to the Honourable Member in response to his previous question PQ NW232E (as published on 15 February 2019), the South African Reserve Bank publishes information on our gold reserves every month, which the Honourable Member can access from its website, at

https://www.resbank.co.za/Markets/ForeignReserves/Pages/default.aspx

In particular, for this question, I refer the Honourable Member to the following link on its website:

https://www.resbank.co.za/Lists/News%20and%20Publications/Attachments/9541/GoldFXReserves_September2019.pdf

2. The SA Reserve Bank has not made any public announcement on its future plans with regard to the composition of the reserves, but it generally increases reserves depending on timing, particularly when the rand strengthens.

 

Reply:

a) There are no reported mud schools reported by the Limpopo Province to the National Department.

b) No plans by the National department to eradicate as they do not exist

c) Please see (a) and (b)

Reply:

PUBLIC SERVICE COMMISSION (PSC)

Question 1

(1)(a) The Public Service Commission (PSC) is an independent Constitutional body, accountable to the National Assembly. It is therefore not an entity or body reporting to the Minister of Public Service and Administration (MPSA). Its budget is appropriated via the MPSA.

D1(a)(a) R238,679.79

1(b)(b) R229,481.00

1(c)(c) R255,660.47

Question 2

2 (i)

SUPPLIER	B-BBEE STATUS	2016/17	2017/18	2018/19
		R'	R'	R'
Kone Staffing Solutions	100%	10,574.56	-	-
Human Communications	51%	86,270.18	21,939.58	15,870.69
Ultimate Recruitment Selection	100%	42,909.68	31,849.18	149,714.25
Basadzi Communication	100%	21,711.47	153,693.32	70,370.13
Lokoko Industries Primary Co-operative LTD	100%	73,548.46	-	-
Government Printing Works	100%	3,665.44	15,000.00	1,765.40
Black X Trading	100%	-	6,998.92	-
Digipaper Concepts CC	100%	-	-	17,940.00
TOTAL:		238,679.79	229,481.00	255,660.47

2(ii) No outdoor advertising cost were incurred during the 2016/17, 2017/18 and 2018/19 financial years.

2(c) No outdoor advertising cost were incurred during the 2016/17, 2017/18 and 2018/19 financial years.

DEPARTMENT OF PUBLIC SERVICE AND ADMINISTRATION (DPSA)

REPLY:

(1) (a) (i) (aa), (bb) and (cc) Zero amount

(2) (a) (i) (ii) (c) None

CENTRE FOR PUBLIC SERVICE INNOVATION (CPSI)

(1)(a) (ii) (aa) (bb) (cc) The Centre for Public Service Innovation has not spent any amount on advertising in any of the financial years.

(2) (b) (i) (ii) N/A

(c) N/A

NATIONAL SCHOOL OF GOVERNMENT (NSG)

REPLY:

(1)(a)(ii) reporting to him

(aa) No. There was no outdoor advertising done for financial year 2016-17

(bb) No. There was no outdoor advertising done for financial year 2017-18

(cc) No. There was no outdoor advertising done for financial year 2018-19

(2)(b)

(i) The was no expenditure incurred for outdoor advertising for financial years  2016-17, 2017-18 and 2018-19

(ii) There was no expenditure incurred for outdoor advertising for financial years 2016-17, 2017-18 and 2018-19

(2)(c) There was no outdoor advertising done for financial years 216-17, 2017-18 and 2018-19

Reply:

The information requested relates to the operations on the ground of the SANDF troops deployed in the Western Cape and can only be disclosed in a closed session of the Joint Standing Committee on Defence due to its security sensitive nature.

Reply:

I have been informed that the Department of Justice and Constitutional Development and the Department of Correctional Services did not incur any costs related to the inauguration of the President of the Republic, Mr M C Ramaphosa, held in Pretoria on 25 May 2019 and State of the Nation Address held in Cape Town on 20 June 2019.

a) (i) The Office of the Chief Justice incurred the following costs for the Presidential Inauguration on 25 May 2019:

Travel cost:                               R379 867.61

Accommodation and meals:       R392 361.69

Total cost:                                 R772 229.30

The Presidency carried the cost to an amount of R678 104.00 whilst the Office of the Chief Justice carried to an amount of R94 125.30 from its own voted budget.

(ii) the cost incurred was for the travel, accommodation and meals cost for the Judicial Officers attending the event as well as the cost for the logistical support provided by Office of the Chief Justice officials.

(b)(i) The Office of the Chief Justice incurred the following cost for the State of the Nation Address on 20 June 2019:

Travel cost:                        R408 368.27

Accommodation:                R244 308. 00

Total cost:                         R652 676. 27

(ii) The cost incurred was for the travel and accommodation cost for the Judicial Officers attending the event as was as the cost for the logistical support provided by Office of the Chief Justice officials.

Reply:

The Honourable Member should note that the suspect is an Ambassador, and as such has diplomatic immunity preventing prosecution.

Other diplomatic remedies (e.g. requesting an official apology from the home state, requesting waiver of immunity, recall of the suspect being an Ambassador, declaring the accused a persona non grata, etc.) were considered but in light of the available evidence and nature of the charges, none were deemed appropriate. It was decided not to pursue such remedies and consequently the diplomatic immunity is preventing prosecution.

This decision was informed after, amongst others:

(i) Discussions with the consular section of the Department of International Relations and Cooperation (DIRCO) regarding the type of case warranting any of the above remedies which will enjoy the support of DIRCO;

(ii) The nature of the conduct complained about (i.e. inappropriate massaging of the Ambassador by the complainant who was a domestic worker, over a number of years starting in 2013, initially without complaints or reports to others before 2016);

(iii) The fact that the complaint was laid with the police only in 2019 following alleged intervention or assistance of others involved in a labour dispute;

(iv) The fact that the complainant is a single witness;

(v) The absence of substantial corroboratory evidence confirming the complainant’s allegations; and

(vi) The implications that may follow on a diplomatic level (including the reputation of the Republic of South Africa in the international arena vis-à-vis the handling of foreign diplomats and their legal rights).

Therefore, the decision not to prosecute was taken after reaching a conclusion that the evidence available was insufficient to prove the charges beyond reasonable doubt.

Reply:

1. According to information, the storm damage occurred during September 2012. At that time, the office had no knowledge as to the extent of the damage. Whilst dealing with the backlogs in December 2018, it was realized that hundreds of files are not with the current service provider and in trying to establish the whereabouts of these files, it was brought to the attention of the Office of the Acting Chief Master that thousands of trust files were destroyed in a storm. It was also indicated that the files were ultimately disposed-off by the service provider without the Master having any opportunity to view the files for possible recovery. This has also led to litigation against the erstwhile service provider. It would appear that the management of the Master’s Office, Pretoria and the previous Chief Master at the time was made aware of this, but the information was not filtered through to senior management in the Master’s Office, Pretoria. Once the Acting Master received the information regarding the damaged files, she immediately reported this to the current Acting Chief Master, Mrs Bezuidenhout, earlier in 2019.

2. It has come to light that indeed poor record keeping by the office and no proper data base of files has led to this unfortunate situation. However, a project will be undertaken during December 2019 to address this. All files are to be removed to the current service provider, whom will then create a proper data base of all files. If it is then found that a file is not on this database, a dummy file will be opened to ensure service delivery to clients.

3. (a) The Master does not have the information in respect of all the affected clients as they deal with matters on a case to case basis. This is only established once a file cannot be located, if the file is requested by a client. Once a file cannot be located, the client is informed that the file is possibly amongst those damaged in the storm and the client is requested to provide copies of the trust deed, letter of acceptance and other relevant documentation to enable the Master to reconstruct the file. However, all stakeholders such as the Law Society, Banks and Trust Companies have been made aware of the situation.

(b) As stated above, a project will be undertaken and overtime will be effected to prioritize long outstanding matters.

4. (a) The other 14 offices are not experiencing a backlog in respect of Trust matters.

However, the Cape Town office has a backlog in respect of deceased appointments. This is also as a result of poor management of files and a lack of space to properly store files. This is also being addressed and meetings are to be held with National Archives to ensure the latter takes old files to create space at the various offices.

(b) As stated, a project will be embarking on in Pretoria as well as Cape Town to ensure backlogs are cleared by way of overtime and appointment of casual workers to assist.

(c) It is envisaged that the backlogs will be cleared by the end of March 2020.

5. I have already alluded to the matter during an interview.

Reply:

Globally, African lion is listed as Vulnerable on the International Union for Conservation of Nature (IUCN) Red List of Threatened Species. However, the wild lion population in South Africa is not under threat of extinction, as recent quantitative data found the population to be increasing stably. According to the Red List of Mammals of South Africa, Lesotho and Swaziland (2016) which was a regional assessment, the

South African population is currently listed as Least Concern, whereas in 2004 the national Red List status of the South African population was Vulnerable. The change in the conservation status was due to an increase of the South African population, resulting from the successful conservation efforts in South Africa. Further, according to the regional Red List report, the lion population in four South African Development Community countries (Botswana, Namibia, South Africa and Zimbabwe) grew by an estimated 120/, whereas the lion population in the remaining African range countries declined by an estimated 61%.

(a) Activities involving African lion are currently well regulated in South Africa in terms of biodiversity conservation legislation, in order to ensure its protection and sustainable utilisation including, but not limited to:

• The National Environmental Management: Biodiversity Act(NEMBA), 2004 (Act No. 10 of 2004): 
• due to the fact that lion is included in the list of threatened or protected species, a permit is required for the carrying out of any restricted activity (such as hunting, catching, breeding, selling, transporting, exporting from or importing into the Republic of South Africa, and so forth) involving any specimen.
• The Threatened or Protected Species (TOPS) Regulations, 2007, promulgated under NEMBA, which:
  • require the compulsory registration of captive breeding facilities, rehabilitation facilities, sanctuaries, commercial exhibition facilities (such as zoos), or persons operating as wildlife traders;
  • require that measures be taken by captive breeding facilities to prevent hybridisation or inbreeding;
  • prohibit certain hunting-related activities; and

 

• The CITES Regulations, 2010, promulgated under NEMBA, which require:
  • that the Scientific Authority must confirm whether the export of a specimen included in the appendices of CITES, including African lion, will be detrimental to the survival of a species;
  • the registration, marking and tagging of specimens;
  • the setting of quotas where applicable, and the management of the utilisation thereof.
  • the issuing of a separate permit for each consignment, to be valid for one consignment only, and the cancellation of a used permit;
  • reporting to the CITES Secretariat:

                          - annually on the international trade in specimens of species included in the appendices of CITES; and

                            - biennially on legislative, regulatory and administrative measures taken to enforce the provisions of CITES; and

• Provincial conservation legislation.

The following legislation is aimed at preventing cruelty to lions:

• Animals Protection Act, 1962 (Act No.71 of 1962), which aims at preventing cruelty to animals; and
• Performing Animals Protection Act, 1935 (Act No. 24 of 1935), which regulates the training and performance of animals.

In addition to the legislative requirements referred to above, a number of conservation tools have been developed, either formally in terms of NEMBA, or informally as guidelines, aimed at the protection and conservation of lion, namely:

• A non-detriment finding (NDF) by the Scientific Authority established by the then Minister. The NDF was published in the Gazette on 23 January 2018, and indicated that legal local and international trade pose a low to moderate, but non-detrimental, risk to the species in South Africa;
• A Biodiversity Management Plan (BMP) for the African lion (Panthera /eo) which was published in the Gazette on 02 December 2015 for implementation. The purpose of the BMP is to ensure the survival of lion in the wild. As part of the BMP, a metapopulation management plan has been developed to improve the management of the managed wild lions within South Africa; and
• Guidelines for the implementation of a meta-population management plan for managed lions in South Africa, with specific reference to trophy hunting, which have been developed by the Scientific Authority. Currently, all managed wild lion populations are being assessed against the criteria to determine the effectiveness of the metapopulation management plan.

(b) The Department of Environmental Affairs coordinates its activities, as well as the implementation of its strategies and plans, through a number of formal structures, including the following:

• Permit and Enforcement Planning Committee (PEPC), where permit information and enforcement actions are discussed with provincial conservation authorities;
• National Biodiversity Investigators Forum (NBIF), where information on contraventions are shared and investigations coordinated at a broader level, with provincial conservation authorities, conservation entities and enforcement agencies;
• Scientific Authority, that, among others:
  • makes NDFs on the impacts of international trade in specimens of species listed as TOPS or included in the appendices of CITES.
• National African Lion Task Team (NALTT), to coordinate the implementation of the actions highlighted in the BMP for lion, with provincial and other conservation entities and industry.

Further actions to be taken aimed at the protection of lion, involve the following legislative developments:

• An urgent amendment to NEMBA, as part of the National Environmental Management Laws Amendment Bill, 2017, which has been approved by the Portfolio Committee of Environmental Affairs of the 5* Administration, to include empowering provisions to regulate the well-being of faunal biological resources. The Minister responsible for the environment would be in a position to prohibit activities that may negatively impact on the welfare of lions.
• As part of a more substantial amendment to NEMBA which is already underway, the penalty clause will be amended to include higher penalties for persons who are found guilty of offences involving wildlife trafficking, or offences commited as a member of a syndicate.
• The enforcement of NEMBA, the TOPS Regulations and the CITES Regulations is done by members of the South African Police Service (SAPS), or by ofcials who have been appointed in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998) as Environmental Management Inspectors (EMIs).
• The Stock Theft Unit and Endangered Species Unit of SAPS have prioritised lion for investigations and enforcement actions. The Directorate for Priority Crime Investigations of the SAPS (also known as the Hawks) works closely with the EMIs from the department to investigate cases originating from O.R. Tambo International Airport, involving lion bones.

Regards

MS BD CREECY, MP

MINISTER OF ENVIRONMENT, FORESTRY AND FISHERIES DATE:. ..... .!.....

Reply:

The Bakgatla-Ba-Kgafela Communal Property Association is registered in accordance with section 8(2) of the Communal Property Associations Act, 1996. Following the Constitutional Court judgement that ordered the Department to register Bakgatla-Ba-Kgafela as a permanent Communal Property Association, it was registered as such and allocated registration number CPA/07/1032/A. Please refer to the attached registration certificate.

Reply:

a) The Department has completed the analysis of the Impact Evaluation Report and the following challenges and lessons were identified

(i) Challenges

• Respondents alleged that government does not conduct proper consultation;
• Unrealistic production plans;
• Generational gaps and lack of youth participation;
• Changing the nature of implementation models by the Department;
• Delays by the Department and appointed stakeholders;
• Lack of commitment from some household members;
• Insufficient funding/lack of stipend/salary;
• Lack of proper project site monitoring.

(ii) Lessons

• Going forward it will be necessary for the Department to develop an implementation plan which is shared with stakeholders prior to development, approval and implementation of new programmes to ensure critical support and ownership;
• The Department should ensure that beneficiaries’ representatives sign off the production plans following community meetings where these plans are presented for approval;
• It is the prerogative of each household to nominate who shall represent it, and the experience has been that elderly people are the ones who usually step forward. This does not mean that youth are not involved; youth who are interested will be involved through their households;
• Since most sites are existing and have been previously operational, production plans were based on the immediate needs of the beneficiaries.
• For the Department to speed up approval of quotations and payments and fast-track the supply of equipment and implements for beneficiaries, it requires the cooperation of all role-players, i.e. beneficiaries, site managers, accountants, suppliers. Continuous and open communication at all times amongst role-players is critical.
• Not all beneficiaries have shown lack of commitment or requested the payment of stipends – most have appreciated the support that government has provided in terms of production inputs, implements and mechanisation;
• The Department will have to strengthen its monitoring endeavours, which are through District Offices closer to clients.

(b) and (c) Expenditure of the commitments will reflect “0” households

Year	2016/2017	2017/2018	2018/2019	Totals
Households Heads/Budget Spent	Number of Households	Budget Spent R “000	Number of Households	Budget Spent R “000	Number of Households	Budget Spent R “000	Number of Households	Budget Spent R “000
Eastern Cape	0		266	5 987	446	18 052	712	24 039
Free State	0		112	22 521	694	40 533	806	63 054
Gauteng	0		107	22 575	4	859	111	23 434
KwaZulu Natal	0		702	38 755	601	38 376	1 303	77 131
Limpopo	766	18 417	1 688	76 896	113	22 530	2 567	117 843
Mpumalanga	0		749	18 616	0	21 768	749	40 384
North West	0		168	15 112	0	0	168	15 112
Northern Cape	0		823	145 290	293	19 769	1 116	165 059
Western Cape	0		33	8 312	100	2 403	133	10 715
Grand Total	766	18 417	4 648	354 063	2 251	164 290	7 665	536 770

Reply:

1. The Skukuza court was originally established by Proclamation on 01 February 1963 as a Periodical Court for the district of White River. With the demarcation of the magisterial districts, it was proclaimed as a periodical court for the district of Bushbuckridge as per notice GG 39601 dated 15 January 2016, and amended by GG 39961 dated 29 April 2016. It was never purposed to be a Regional Court. The Regional Court sessions for cases emanating from the Kruger National Park were originally attended to in the Regional Court in Mbombela. As from March 2017 the cases were moved to be attended to by the Regional Court Magistrate who was appointed for the Regional Court seated in Mashishing and were done in Skukuza by default to create a Regional Court caseload for the mentioned Regional Court Magistrate. Therefore, there was no Proclamation which created Skukuza as a Regional Court. The Court facility in Skukuza doesn’t allow for a Regional court sitting as it is small and it’s not structured to provide Regional Court requisite space. The extension of services to Skukuza by the Regional Court at that stage was to create the work of the Regional Court Magistrate who was appointed at Mashishing and did not have adequate volume of cases to handle.

On 28 August 2019, the court functionaries comprising, amongst others, the Chief Magistrate of Mpumalanga District Court Judiciary and the acting Director of Public Prosecutions, attended a meeting which was convened and chaired by the Mpumalanga Regional Court President, to review the continuation of sessions of the Regional Court in Skukuza. In view of all the considerations regarding inter alia the challenges with the facilities at the Periodical court, the challenge with access to the Skukuza Periodical by members of the public who require permits to attend court and the fact that there is actually no community at Skukuza which the court serves, the meeting resolved to gradually transfer Regional Court cases from Skukuza to Mhala which is a fully serviced Regional Court with a full administrative staff component. The post of the Regional Court Magistrate was transferred from Mashishing to Mhala and there is an experienced Public Prosecutor. The court also has requisite court facilities to properly adjudicate Regional court cases and adequate security for members of public and the Regional court judiciary alike.

It should also be mentioned that the sitting of the Regional Court in a facility that has been meant for a Periodical Court is not supported by law as only the main seats of courts and the branch courts for specified districts were appointed as places of sitting for Regional Courts.

It is worth mentioning though that the Bushbuckridge district court, sitting as the Skukuza Periodical Court will continue to sit and function as a reception court to deal with bail cases and to transfer district court trial cases to Bushbuckridge and the Regional Court cases to Mhala. The latter will accord with the legal status of the court for which it was proclaimed by the relevant Government Gazette Notice.

2. According to the information provided, the Court has dealt with 39 Regional Court cases to date, which include poaching cases, since the default establishment of the Regional Court sessions at Skukuza during March 2017. The Regional court has attained 100% conviction rate on the 39 cases. When averaging the total number of cases and the 30 months’ duration since March 2017, we can safely conclude that on average 39 cases were finalised in 30 months which is on average 1, 3 cases per month.

All the Regional Court poaching cases that were previously attended to at the Skukuza Periodical court will now be dealt with at the Mhala sub-district Court which is adequately furnished, secured and accessible to communities with controlled access to the court building.

3. The Skukuza Periodical court is by its very nature without any permanent capacity. All court functionaries and administrative support staff are drawn from the main court under which the Periodical court falls. The Periodical court doesn’t have an organogram of its own hence the staff of Skukuza court travels daily from their stations with cost implications in respect of travel and subsistence allowances to staff. There is sometimes a need to arrange accommodation for those court functionaries who are travelling for long distances to render services in respect of the court proceedings. The staff who travelled to Skukuza Periodical court to render the necessary support services to the Regional Court sessions will now render their services at their station without the necessity to incur extra costs and spend time on the road. Mhala court is a fully functional court with requisite amenities and facilities including well-furnished court rooms.

4. The management of both the Regional court and District court in Mpumalanga is of the view that the gradual transfer of Regional court cases to Mhala will not affect the conviction rate for poaching. They are of the view that some of the of 39 poaching cases were dealt with at Mhala. It should be noetd that prior the year 2017, these cases were dealt with at White River Magistrate court, then after they were dealt with at Nelspruit Magistrate court, and before 2016 they were dealt with at Mashishing were the Regional Court Magistrate was appointed before the post was moved to Mhala for convenience of handling poaching cases in proximity to Kruger National Park.

There is a popular understanding by all who administer justice in the area (MPU) that due to the convenient and conducive environment at Mhala, the conviction rate will not be affected and there is a likelihood that it will even increase the turnaround time in finalisation of Regional Court cases including the poaching cases.

Reply:

The matter is presently before the Constitutional Court and therefore, I will not be able to answer the question.

Reply:

a) The Department of Agriculture, Land Reform and Rural Development (DALRRD) has together with the Provincial Department of Agriculture in the Northern Cape reprioritized Casp budgets and set aside R30 million for provision of fodder for affected farmers as well as expansion of existing fodder production initiative of the province which include the planting of hay and lucerne by farmers along the Orange River. The boreholes have been drilled and equipped for water reticulation.

The Department has also collaborated with the National Disaster Management Centre (NDMC) to expedite the process of classifying and declaring a state of Provincial Drought Disaster to assist farmers to better negotiate for leniency with their financiers. The team led by the NDMC is currently conducting the verification exercise in the Province to ensure that Disaster Management Act is complied with. Following this verification, the NDMC will classify a provincial state of drought disaster.

Reply:

(1)(a)(b)(c)(1)(a)(b)(c) the number of inspections of items/exhibits at the South African Police Service (SAPS) 13 store, at the Edenvale Police Station, that took place in the 2016/2017, 2017/2018 and 2018/2019 financial years, is reflected in the table below:

”

	(a) 2016/2017	(b) 2017/2018	(c) 2018/2019
Number of SAPS 13 Inspections	15	18	11

 (2)(a) Entries are made in the SAPS 13 register, and inspections are conducted by line managers, relief commanders and the Station Commander.

(2)(b) National Instruction, 8 of 2017, Property and Exhibit Management, specifies that regular physical inspections must be conducted, to ensure compliance and proper management of the SAPS 13 store.

 

Reply to question 838 recommended/

 

NATIONAL COMMISSIONER: SOUTH  AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2019/09/27

Reply to question 838 approved

GENERAL BH CELE (MP)
MINISTER OF POLICE
Date: 29/10/2019
 

Reply:

FIND HERE: ALL SAPS MEMBERS WHO ARE COMPETENT AS 20~9-10-12

Reply:

 

 

1. Prohibitions or restrictions of activities are part of a series of environmental impact management measles aimed at facilitating sustainable development. Such measures should be applied within the constitutional framework and all other applicable laws as administered by all departments, but more specifically those responsible for minerals, environment and water

affairs. Most environmental issues are managed primal in terms of the overarching legislation which is National Environment Management Act, (Act 107 of 1998) (NENA) and its Specific Environmental Management Acts (SEMA’s).

Conservation of wetlands is access-cutting mandate and the management of impacts therefore depend on the nature the proposed activity. Legislative provisions that may be relevant to wetlands areas in the Republic are:

 

 

• The National Environmental Management Act, Act 107 of 1998:
• Mineral and Petroleum Resources Development Act, Act28 of 2002

 

 

• National Environmental Management: Biodiversity Act, Act 10 of200J

(b) Currently there is no “process to stop mining activities in wetland areas” in South Africa, unless the wetland is part of the protected area system. However, in terms of section 49 of Mineral Petroleum Resources Act 28 of 2002, the Minister of Minerals Resources and Energy may prohibit or restrict the granting of any reconnaissance permission, prospecting right, mining right or mining permit in respect of land identified by the Minister for such period and on such teas and conditions as the Minister may determine.

The EIA Regulations require that an EIA process be undertaken for ident8ed activities and submitted b the competent authority for consideration and informed decision-making. These Regulations regulate the procedure and criteria as contemplated in Chapter 5 of the NEMA

relating to the preparation, evaluation, submission, processing and consideration of, and decision on, applications for environmental authorizations for the commencement of activities, subjected to environmental impact assessment, in order B avoid or mitigate detrimental impact on the environment, and to optimize positive environmental impact, and for matters pertaining thereto. In this regard an application for environmental authorization may be refused. One of the many identified activities requiring an environmental authorization in terms of Listing Notice 1 of the EIA Regulations 2014 (as amended), is the following:

The infilling or depositing of any material of more than 10 cubic meters info, or dredging, excavation, removal or moving of soil, sand, shells, shell grit, pebbles or rock of more than 1O cubic meters from a watercourse; but excluding whets such infilling, depositing, dredging, excavation, removal or moving

(a) Will occur behind a comeback setback;

(b) Is for maintenance purposes undertaken in accordance with a maintenance management

(c) falls within the ambit activity 21 in this Notice, in which case that activity applies,

(d) occurs within existing ports or harbor that will not increase the development footprint of the port harbor; or

(e) where such development is related to the development of port or harbor, in which case actively 26 in Listing Notice 2 of 2014 applies'.

(c) In terms of section 41 of Mineral Petroleum Resources Act28 of 2002, the Minister of Minerals and Energy, before granting a mining or prospecting right, shall approve the environmental management plan or programmer. In terms of section 39 (4), financial provision for the rehabilitation or management of negative environmental impact has b be made by an applicant.

In addition, accosting to section 43 of Mineral Petroleum Resources Ad, Act 28 of 2002, the Minister of Mineral Resources and Energy may not issue a mining closure certificate until the permit holder of a prospecting or mining right takes responsible measures to address pollution or ecological degradation, including rehabilitation thereof.

(2) Accosting B information generated from the Departmental National Web Based Environmental Screening Tool, the South African National Biodiversity institute’s wetland maps and the attached screening report, Portion 24 of the Farm Boschmanspoort 159 IS, in the Mpumalanga province, is located within a Critical Biodiversity Area (CBA), although the web based survey tool does not indicate the presence of a wetland. Attached please find the two maps and the screening report supporting the response provided.

Regards

 

MB BD CREECY, MP

MINISTER OF ENVIRONMENT, FORESTRY AND FI8HERIE9

DATE:. .).I!.. ........ . "

Reply:

The Embassy of the Republic of Haiti in the Republic of South Africa is still registered on the Department of International Relations and Cooperation’s Accreditation database and no official communication has been received regarding the closure or intention to close the mission.

Reply:

Information relating to services rendered to the State Security Agency (SSA) forms part of the broader operational strategy and therefore remains classified and privileged.

It should, however, be observed that the SSA is held accountable on such matters by the Joint Standing Committee on Intelligence (JSCI), the Inspector- General of Intelligence and the Auditor-General.

Reply:

The requested information is of such a nature that it would form part of the broader operational strategy of the State Security Agency and therefore as a matter of policy, the SSA does not disclose such information. It should however be observed that the SSA is held accountable on such matters by the Joint Standing Committee on Intelligence

Reply:

(1)(a)&(b) A summary of the houses built and title deeds issued is as follows:

Areas	Houses built	Title Deeds issued
Inanda	1 583	59
Ntuzuma	1 274	1 037
KwaMashu	6	6
TOTAL	2 863	1102

(2)(a)&(b) The National Department of Human Settlements has developed a "Policy Prescript For The Allocation Of Housing Opportunities Created Through The National Housing Programme" which, amongst others, advocates for the prioritization of persons with disabilities and child-headed households.

Moreover, the number of houses and title deeds that are issued to persons with disabilities are dependent on the number of applications that are received in all areas.

No houses were handed over to persons with disabilities between 2014 and 2017. In 2018, five (5) housing subsidy applications were approved in Inanda for beneficiaries who have disabilities or are wheelchair-bound.

3 (a) & (b) The National Housing Code stipulates that in a case of a child-headed household the relevant Provincial Department of Human Settlements must contact the Department of Social Development and determine if a guardian has been appointed in relation to the child-headed household. Upon obtaining confirmation from the Department of Social Development, the subsidy details of the child-headed household will be registered in the name of the guardian. The title deed will also be registered in the name of the guardian until such time that one of the children linked to the household turns eighteen years of age. The relevant Provincial Department of Human Settlements will be responsible for the deregistration of the title deed from the name of the guardian and thereafter register the title deed afresh in the name of the child who has acquired the age of eighteen years.

The information at the disposal of the Department, namely the Housing Subsidy System, does not include child-headed households as Provinces are the custodians of this information.

Reply:

1. Prescribed training

The Firearms Control Act 60/2000, in section 98 (2)(b) provides that a member must complete the prescribed training and test before he or she can bo issued with a firearm.

Regulation 80(1) of the Firearms Control Regulations provides that: “An Official institution that provides firearms to its employees must ensure that its employee’s receive the necessary practical and theoretical training to ensure that the employee is competent to possess and use the firearms."

Unit Standard 120487 is used as the framework for the development of the training curriculum for the weapons used by the South African Police Service. This unit standard consists of the following three specific outcomes with relevant assessment criteria:

• Specific outcome 1: Apply knowledge and understanding of the relevant legislation required.

• Specific outcome 2: Handle a firearm safely.

• Specific outcome 3. Operate, maintain and use a firearm.

The pass rate for this unit standard is 70% for both their theoretical and practical assessments.

QUESTION 1066 DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 OCTOBER 2019 (INTERNAL QUESTION PAPER NO 18-2019)

Reply:

(1)(a)(b)(c) With reference to the damage to property during illegal road closures during service delivery protests, from 1 January 2018 to 30 June 2019, the date of each protest, the place of each road closure and the estimated cost of damage to road infrastructure, are reflected in Annexure A. The South African Police Service (SAPS) does not have the mandate to determine the cost of the damage to road infrastructure and is, therefore, not in a position to provide it.

(2) A total of 1 366 persons were arrested and/or criminally charged for the illegal closure of roads and damage to public infrastructure and/or private property. The details of arrested persons cannot be divulged because cases are still under investigation.
 

Response to question 984 recommended

LIEUTENANT GENERAL ACTION NATIONAL COMMISSIONER: SOUTH AFRICAN PLOCE SERVICE
BC MGWENYA
Date; 14/10/2014

Response to question 984 approved

GENERALBH CELE, MP
MINISTER OF POLICE
DATE: 29/10/2019


 

Reply:

1. The prevention of the SANDF capabilities from declining further is entirely dependent on the budget allocation of the Defence Force, which has been decreasing at an alarming rate over the years with a negative impact of the entire capabilities.

2. The Defence Review 2015 has been developed has been developed with a plan to arrest the decline of the SANDF but unfortunately no funding has been received to attend to the declining capabilities of the SANDF.

3. The Defence Review 2015 is the defence policy document which has all the tenants of the requirements of the Defence Force. The defence has become progressively unsustainable in terms of declining defence allocations and have reached a point where the Republic must decide on the kind of Defence Force it wants and can afford.

Reply:

(a) The National Department of Human Settlements provides grant funding to Provinces for Hostel Redevelopment and renovations. According to the City of Ekurhuleni Municipality, they are currently assessing the conditions and structural integrity of all rental properties (including hostels and flats) within its boundaries as a short term plan. The assessments of hostels will be followed by a maintenance plan for a period of 5-10 years. For purposes of the long term plan, the City will partner with the Gauteng Provincial Department of Human Settlements to refurbish the hostels.

(b) The City of Ekurhuleni allocates a budget for minor hostel maintenance every financial year to ensure that tenants live in dignified conditions.

(c) In total there are 24 hostels within the city of Ekurhuleni, of which the five listed below have been prioritised for maintenance:

1. Wattville Hostel
2. Thokoza Hostel
3. KwaThema Hostel
4. Sethokga Hostel
5. Castle Hostel

(d) The City together with the Gauteng Provincial Department of Human Settlements are in partnership to refurbish the hostels as well as address issues related to long term maintenance.

For the 2019/2020 financial year, the City of Ekurhuleni Municipality has set aside R15 499 000.00 for the maintenance of hostels.

Maintenance of the rest of the hostels will take place once the structural assessments have been completed and a maintenance plan is approved.

Reply:

a) Relationship between his department and provincial departments responsible for WHS to ensure maximum tourism attraction to sites?

The Department of Tourism has signed Memoranda of Understanding and Agreements (MOU and MOA) with the relevant Management Authorities of the UNESCO World Heritage Sites in each province, to unlock the potential and competitiveness of tourism in these World Heritage Sites (WHSs).

b) Mechanisms to maintain and upgrade world heritage sites

Through the aforementioned partnerships, the Department of Tourism has provided support for tourism infrastructure development and maintenance (i.e. Destination Enhancement Initiatives) such as tourism signage, construction of Visitor Information Centres (Interpretation Centres), Accommodation Facilities, Walkways and Hiking Trails, and tourism infrastructure maintenance in order to improve the quality of product offerings in WHSs to enhance the visitor experience.

This work has been completed in partnership with Management Authorities at the Robben Island Museum (WC), Cradle of Humankind (GP), iSimangaliso Wetland Park (KZN), Maloti Drakensberg Transfronteir Park (KZN), Mapungubwe Cultural Landscape (LP), Khomani Cultural Landscape (Kgalagadi Transfronteir Park - NC), Barberton Makhonjwa Mountains(MP), Richtersveld Cultural Landscape (NC), Cape Floral Region (WC & EC) and Vredefort Dome (FS). This joint work has also included the upskilling of guides at various WHSs.

As part of a pilot project to retrofit iconic tourism attractions with renewable energy solutions, the department also installed a solar photovoltaic (PV) mini-grid system at Robben Island that integrates a 666.4 kilowatt peak (kWp) solar PV plant with battery back-up and the existing diesel generation system of the island to significantly reduces the island’s reliance on diesel and lower operating costs.

Reply:

The departments of Trade and Industry and Economic Development advise that they did not incur any additional costs related to the Presidential inauguration as well as the State of the National Address, other than the normal travel costs applicable in the Ministry.

-END-

Reply:

Whether her department incurred any cost related to:

(a) NO

(i) and (ii) Not applicable

(b) NO

(i) and (ii) Not applicable

Reply:

The Department did incur costs relating to the 2019 Presidential Inauguration.

(i) The total funds related to the Inauguration amounts to R13 904 543.63

(ii) The amount covered the following items:

• Cultural Programme
• Artists
• Logistical support for the Cultural Programme
• Artistic Director
• Performance Rights
• Rehearsals Venue
• Catering for the Masses and related logistics

(a) The Department did not incur any cost related to the State of the Nation Address held in Cape Town on 20 June 2019.