Questions and Replies
23 July 2019 - NW142
Singh, Mr N to ask the Minister of Justice and Correctional Services
Whether he has been informed of the chaotic situation resulting from the renovations of the Durban High Court which are being undertaken while court proceedings are in progress, causing disruptions that may lead to justice being delayed and ultimately denied; if not, why not; if so, what are the relevant details; (2) Whether he has been in consultation with the Department of Public Works and Infrastructure in order to look for alternative premises to ensure that an efficient process is followed; if not, why not; if so, what are the relevant details; (3) Whether there is a time frame in place for the completion of the renovations of the specified high court edifice; if not, why not; if so, by what date will the renovations be completed?
Reply:
1. The construction activity happening is in fact not at the Durban High Court, but in the adjacent building at the Department of Labour Masonic Grove Building (which is a separate stand-alone building across the street). There renovations at the Durban High Court itself are planned for later and the project is still on the preparatory phase.
2. Yes there has been consultation with the Department of Public Works and Infrastructure (DPWI) and co-incidentally the DPWI responded to similar question asked by Honourable Nxumalo of the IFP. The consultation culminated to an arrangement with the Contractor who is revising the work schedule in order for the construction work to be performed after hours and at night. The Department of Justice and Constitutional Development is in the processes of facilitating a meeting between the contractor and the Judge President of the High Court, Judge President Jappie to confirm the agreement reached regarding the shifting of times for the on-going construction work.
3. The department of Labour Masonic Grove Building renovations are scheduled to be completed in May 2020.
NW1100E
23 July 2019 - NW199
Boshoff, Dr WJ to ask the Minister of Higher Education, Science and Technology
(1)Whether his department can extend the same financial research benefits currently provided to universities to the Iziko Museums of South Africa as a result of their employees' research output; (2) whether he will make a statement on the matter?
Reply:
1. The Research Outputs Policy published in the Government Gazette No 38552 (Notice 188) of 11 March 2015, through which university research outputs are evaluated and then funded, applies only to universities. This funding forms part of baseline subsidies provided to universities.
2. In 2013, the Department of Science and Technology (now the Department of Science and Innovation (DSI) published the Declaration of Research Institutions in the Government Gazette No. 36637 (Notice 46) which declares the research institutions that are eligible for research funding support by the National Research Foundation (NRF). According to the Declaration, the Iziko Museums of South Africa qualifies to receive research grants (for performing research).
22 July 2019 - NW192
Van Dyk, Ms V to ask the Minister of Sports, Arts and Culture
(1).What programmes that promote the languages, culture and heritage of the Khoi and San has the Government implemented in each province in each of the past five years; (2). what programmes to protect and promote the cultural and indigenous knowledge systems of the Khoi and San has the Government implemented in each province in each of the past five years; (3). whether his department, in collaboration with the Department of Basic Education, has developed any study material to promote the education of the children of the Khoi and San community in their mother tongue in any school in each province since 1994; if so, in each province, (a) which schools and (b) in what dialect of the language; (4). what number of dialects are spoken by the Khoi and San in the Republic; (5). what number of Nama speakers are there in each province? NW1150E
Reply:
1 & 2.Through possible funding and strategic partnerships between PanSALB and my Department, PanSALB was able to initiate and support the following programmes in line with our mandate to ensure the promotion and development of Khoe and San languages.
(i) September 2013: Khoe and San languages Workshop and Strategic Partnership Meetings at Cape Town in the Western Cape.
(ii) Stakeholder engagement programmes, consultations, advancing PanSALB and KSNLB mandates by reaching out to Khoi and San communities. October 2015: Khoe and San Languages Heritage and Culture Celebration by PanSALB North West Provincial Office and NWPLC held at Vryburg in the North West Province.
- Promotion of Khoe and San languages, cultures, traditions and information sharing sessions on this heritage.
(iii) September 2016: Khoe and San languages Workshop and Dialogue at Springbok in the Northern Cape.
- Stakeholder engagement programmes, consultations, advancing PanSALB and KSNLB mandates by reaching out to Khoi and San communities.
- Launching of the KhoeKhoegowab Dictionary Glossarium at Steinkopf.
- Development and adoption of strategy for the promotion of Khoe and San languages.
(iv) June 2017: Indigenous People’s Language Conference by PanSALB at Bloemfontein in the Free State
- It was a national conference > aimed at information sharing and developments to all provinces by PanSALB in relation to Khoe and San languages.
- Strategic partnerships and cross border relations at SADC level on progress and achievements with Namibia, Botswana and Zimbabwe.
(v) July/Aug 2018: PanSALB/KSNLB supported the CRL Commission Heritage Restitution programme for Khoi and San communities
- Strategic partnership platform between PanSALB and CRL Commission reaching out to the Khoi and San communities of the Northern Cape based at Upington, Rietfontein and Andriesvale.
- Programme aimed at encouragement for the true identity and restoration of the Khoi and San languages, cultures, traditions and heritage.
vi) September 2018: Khoe and San Languages Linguistic Awareness Campaign targeting Khoi and San communities at Joubertina, Graff Reinette, Langkloof in the Eastern Cape.
- Stakeholders engagements, consultations, advancing PanSALB and KSNLB mandates as well as information sharing to Khoi and San communities.
vii) January 2019: Khoe and San Languages Linguistic Awareness Campaign targeting Khoi and San communities at Gamalakhe and Didima Rock Art Sites in KwaZulu Natal.
- Stakeholders engagements, consultations, advancing PanSALB and KSNLB mandates as well as information sharing to Khoi and San communities.
- Official Launching of 2019 as International Year of Indigenous Languages at Didima.
March 2018: PanSALB / KSNLB Nama Technical Committee Sessions held in Kimberley in the Northern Cape.
- Development and adaptation of Nama Spelling and Orthography Rules for South Africa from Namibia.
November 2018: PanSALB and the KSNLB strategic engagements meeting with NC Department of Education, NC Department of Sports, Arts & Culture, University of Namibia, Namibia Education, Sports and Cultural Affairs Department .
- Twinning agreement between Namibia and Northern Cape Province (South Africa) on education and cultural programmes for Khoi and San communities.
- Syllabus and Curriculum information exchange programmes.
- Teaching and Teacher Development programmes by the University of Namibia for Northern Cape / South Africa.
2004 – 2012: Teaching of Khwedam as Mother Tongue at foundation phase in Platfontein near Kimberley at XunKhweSA Combined School with the support of PanSALB through Molteno Project for the development of Teaching and Learning study materials.
- Teaching of Nama at various schools in the Northern Cape from Grade 1 to Grade 11 (Kuboes, Riemvasmaak, Steinkopf, Alexanderbay, Port Nolloth) and the provision of teaching and learning support materials through NADISA and SASI (Nama Development Institute of South Africa and South African San Institute).
4. PanSALB and the KSNLB can attest to the following spoken languages and not dialects in the case of the RSA.
- Khwedam, !Xunthali, Nama and !Nuu languages.
4. PanSALB and the KSNLB uncovered Khoi communities that strongly identifies with Nama in the Eastern Cape, Western Cape, Northern Cape, Gauteng and the KZN province.
We will rely on STATSSA Census results and other statistical information to determine the true identity and speakers of the Nama language in this regard.
22 July 2019 - NW167
Macpherson, Mr DW to ask the Minister of Trade and Industry
Whether (a) a certain person (name and details furnished), (b) any family member(s) of the specified person and/or (c) any company, that the specified person is a (i) shareholder or (ii) director of, received any loans from the Industrial Development Corporation since 1 April 2005; if so, (aa) on what date was the loan granted, (bb) to which company or person, (cc) for what amount and (dd) what amount of the loan has been repaid to date in each case?
Reply:
The CEO of the IDC, Mr Tshokolo P. Nchocho, provided the following response to the question:
“The IDC has made funding available to two companies where the person referred to has either a shareholding or directorship therein.
The first company is Ruslyn Minerals (Pty) Limited, in which the person had an indirect shareholding. A loan from the IDC of R6 849 800 was made available in 2006. The company subsequently experienced financial difficulty when a key customer contract was cancelled. To date, the IDC has been repaid R7 982 848.43, which includes accrued interest and fees. An amount of R2 235 746.98 has been written off by the IDC.
The second company is Dartingo Trading 178 (Pty) Ltd, in which the person had an indirect shareholding. A loan of R115 500 000 was made available by the IDC to the company in 2009. The loan was used to purchase a share in a listed company on the ALTX board of the JSE. The company subsequently went into liquidation. As a result, to date no principal has been repaid to the IDC, and the IDC has taken the decision to write off the entire loan amount. The IDC is currently pursuing legal action against the directors of the company for recovery of funds.
Mr Nchocho has further advised that to the best of the IDC’s knowledge, no other funding has been made available to the person referred to, nor any family member.”
-END-
22 July 2019 - NW224
Maimane, Mr MA to ask the President of the Republic
Whether the Government will utilise funds loaned from the China Development Bank in its Infrastructure Fund; if not, where will the funds be sourced from; if so, what (a) amount in funding will be loaned from the China Development Bank and (b) will be the terms and conditions of the loan?
Reply:
(a) - (b) The Infrastructure Fund is expected to utilise funds from International Finance Institutions (IFIs), including the China Development Bank (CDB), as well as other Development Finance Institutions (DFIs) and private sector institutions. Work on the design of the Infrastructure Fund is continuing, involving the National Treasury, the Development Bank of Southern Africa (DBSA) and the Presidential Infrastructure Coordinating Commission (PICC).
As indicated above, consideration will be given to source funding from number of IFIs, DFIs and private sector institutions.
Government has committed R100 billion to the fund over ten years as a subsidy to leverage both private sector and development finance funding for well planned projects. This seed capital will be funded through reprioritisation or additional borrowing but may also include guarantees. There is R5 billion in the existing Medium-Term Expenditure Framework for this purpose. Adequate processes to enable borrowing on a competitive basis from multilateral institutions (such as World Bank, New Development Bank, Chinese Development Bank) already exist. The intention will be to access technical assistance that comes with concessional loans both for purely social infrastructure and for blended finance projects with social and economic elements.
The decision on the funding mix, and terms and conditions of the loan will be determined by several factors. Therefore, it would be premature to indicate what the loan amount would be and the terms and conditions of the loan.
22 July 2019 - NW168
Macpherson, Mr DW to ask the Minister of Trade and Industry
By what date will he release the report to the public of the investigation into allegations of corruption at the Competition Commission which he commissioned in or around February 2019?
Reply:
Following consultations between the National Treasury and the Economic Development Department, an investigation on the issues that were raised by the Auditor-General as findings in the 2017/18 Financial Year Audit was conducted.
The investigations are not yet completed. On completion of the investigation, the findings will be made public.
-END-
22 July 2019 - NW225
Maimane, Mr MA to ask the President of the Republic
Whether, with reference to his reply to the State of the Nation Address on 26 June 2019, he intends to deploy members of the SA National Defence Force to assist members of the SA Police Service in gang-ridden areas; if not, why not; if so, what are the relevant details?
Reply:
In a letter dated 17 July 2019, I informed both the Speaker of the National Assembly and the Chairperson of the National Council of Provinces that I have deployed 1,320 members of the South African National Defence Force for service in cooperation with the South African Police Service for the prevention and combating of crime, maintenance and preservation of law and order where needed in the Western Cape Province.
The deployment was authorised in terms of section 201(2)(a) of the Constitution of the Republic of South Africa, 1996.
This deployment is for the period 18 July 2019 to 16 September 2019, with a total expenditure of R23 391 351.00.
22 July 2019 - NW230
Steenhuisen, Mr JH to ask the President of the Republic
Whether he has signed performance agreements with each Member of the Executive; if not, (a) why not and (b) which Members of the Executive still need to sign performance agreements; if so, what are the relevant details?
Reply:
(a) - (b) As I have said in the State of the Nation Address, I will be signing performance agreements with Ministers and Deputy Ministers who will be delegated clear and meaningful programmes to lead.
We expect to finalise these performance agreements by September 2019 when the Medium Term Strategic Framework, with clear deliverables for each department, is approved by Cabinet.
22 July 2019 - NW144
Nxumalo, Mr MN to ask the Minister of Public Works and Infrastructure
(1) Whether her department has an appropriate time frame in place with regard to the completion of renovations that are currently undertaken at the Durban High Court and which have been interfering with court proceedings; if not, why not; if so, what are the relevant details; (2) Whether she has found that her department is taking appropriate steps to ensure that the court proceedings are not affected; if not, why not; if so, what are the relevant details of the steps?
Reply:
The Minister of Public Works & Infrastructure:
(1) Currently there are no renovations taking place at the Durban High Court. The Department is in planning for renovations and upgrades to the Durban High Court. The process is currently at the procurement stage (preparing to invite tenders from interested contractors). However, there is construction activity happening in the adjacent Department of Labour Masonic Grove building (separate stand-alone building across Dullah Omar Grove, as shown below.
The Department of Labour Masonic Grove building renovations are scheduled to be completed in May 2020.
(2) The Department has appointed the Independent Development Trust (IDT) as an implementing agent to oversee the refurbishment of the Department of Labour Masonic Grove building. In ensuring that there were no disruptions in the proceedings of High Court operations the Department of Public Works instructed the IDT to conduct a meeting with the Durban High Court management to sensitise them about the planned project and agree on a workable noise management strategy.
The meeting involving IDT Programme Manager, a representative of the Department of Justice, as well as the contractor was held at the Durban High Court 1st Floor Boardroom on the 11th September 2018. The contractor explained that most of the noisy works will only be carried out over weekends. The contractor would however do the less noisy work may during working hours.
It was expected that should there be any noise disruption the Durban High Court would notify the contractor, IDT programme manager or the Department of Public Works.
As a result of this Parliamentary Question, the Department of Public Works and Infrastructure will set about to investigate the noise matter, although it has not been formally reported. But, the contractor and IDT have since been notified of the noise issue and they committed to reduce any noisy activity that might create disruptions during court proceedings at Durban High Court.
In order to address a larger problem of the poor state of court buildings I will be convening a meeting with the regional court managers are other role players to assess the state of the courts and ensure that repair and maintenance plans are put in place and implemented at soon as possible. It is a matter of concern that many courts are inaccessible due to the state of the buildings they are housed in. In many cases one finds lifts and air-conditioning systems that in a state of disrepair. This has a great impact on the ability of the court officials to execute their duties. I will invite the Minister of Justice and Correctional Services to this meeting.
I will make the report on the assessment of the courts available to the public and also present it to the Portfolio Committee in Parliament. With regard to the Durban High Court, I will engage with the Department’s management to ensure that the undertaking not to disturb the court proceedings is observed.
22 July 2019 - NW157
Sithole, Mr KP to ask the Minister of Tourism
(a) What is the total number of vacancies in (i) his department and (ii) each of the provincial departments reporting to him and tasked with tourism and (b) by what date will the vacancies be filled in each case?
Reply:
a) (i) 46 , excluding posts in the Office of the Minister and Deputy Minister
(ii) Provincial departments do not report to the Minister of Tourism
(b) Government has initiated a ceiling on the compensation Budget. Therefore filling of vacant posts is dependent on the availability of the compensations budget. The department intend to fill the posts indicated below by 1 September 2019.
Job Title |
Date to be filled ( 9 posts) |
---|---|
Admin Assistant: Supply Chain |
01 September 2019 |
Personal Assistant: Research Policy and International Relations |
01 September 2019 |
Admin Assistant: Research and Knowledge Management |
01 September 2019 |
Admin Assistant: Policy Planning and Strategy |
01 September 2019 |
Personal Assistant: Destination Development |
01 September 2019 |
CD: Tourism Enhancement |
01 September 2019 |
Admin Assistant: Tourism Enhancement |
01 September 2019 |
CD: Tourism Sector HRD |
01 September 2019 |
Admin Assistant: Tourism Sector HRD |
01 September 2019 |
|
|
Vacant Positions that will be filled based on the availability of funds (37post): |
|
DD: IT Audit |
ASD: Risk and Integrity Management |
Branch Coordinator |
Senior Health Practitioner |
ASD: Buildings Management and Energy |
DD: HR Planning |
2x Cleaners |
Communications Officer: Media and Electronic Communications |
Registry Clerk |
Communications Officer: Graphic Design |
Legal Admin Officer MR1-5 |
ASD: Internal Communication |
Legal Admin Officer MR1-5 |
DD: Internal Control and Compliance |
Legal Admin Officer MR1-5 |
ASD: Asset Management |
Snr Legal Admin Officer MR6 |
Snr State Accountant: Creditors, Travel, Accommodation and Subsistence |
ASD: Monitoring and Data Management |
Director: Bilateral Relations |
ASD: Statistical Analysis |
DD: Bilateral Relations and Cooperation |
ASD: Policy Planning and Development |
ASD: Bilateral Relations |
ASD: Spatial Mapping and Database Management |
Branch Coordinator |
Spatial Mapping Officer |
DD:BBBEE Liaison and Council Admin |
Data Technologist |
DD: Claims Capital Incentives |
DD: Community Participation |
ASD: Advocacy Awareness and Facilitation |
DD: Tourism Guiding Growth and Development |
Tourism Visitor Information Officer (ORTIA) |
Admin Assistant: Tourism Visitor Services |
Tourism Visitor Information Officer (KZN) |
22 July 2019 - NW191
Van Dyk, Ms V to ask the MINISTER OF ARTS AND CULTURE”
Whether his department recognises Nama or Khoekhoegowab as a Khoisan language; if not, what is the position in this regard; if so, what are the relevant details? NW1149E
Reply:
Based on the advice of the Khoe Nama and San National Language Body (KSNLB), we do not have what we call a Khoisan language. We however speak of Khoe and San languages referring to a family of language groups under the Khoi communities and the San communities.
For South Africa, Nama is one of the Khoe group of languages and mostly spoken in the Northern Cape and Western Cape Provinces. It is richer and mostly developed, as compared to all the other languages within the same family group. We have people in the country that can speak, read, write and teach Nama.
In the Northern Cape areas (Kuboes, Lekkersing, Riemvasmaak, Eksteenfontein, Pella, Nabapeeb, Sandrift, Alexanderbay and Steinkopf) Nama was taught in almost 10 schools from Grade 1 to Grade 11 until 2012. Currently Nama is a pilot study for teaching and learning at Riemvasmaak and Kuboes Primary Schools in Grade 1 through efforts of the KSNLB, PanSALB, NC Department of Education, NC Department of Sports, Arts & Culture through the Twinning Agreement for support from Namibia.
The NC Department of Education is busy with a Curriculum and Syllabus for the standardised teaching of Nama in South Africa with the support of PanSALB and Namibia. They have appointed a Provincial Co-ordinator to oversee implementation of the Nama programme in schools and strategic partnerships in this regard.
As for KhoeKhoegowab, it is one of the Khoe and San languages encompassing Nama, Haillom and Damara and mostly used in Namibia and not in South Africa. It is a Khoe language. There is some work, efforts, strides, programmes and initiatives undertaken in the Western Cape province by the Universities (in particular the University of Cape Town) to teach, promote, research and develop KhoeKhoegowab. In 2016 through partnerships with the University of Namibia, PanSALB and the KSNLB launched the KhoeKhoegowab Dictionary Glossarium as a way to show commitment to the promotion, preservation, teaching and development of the Khoe and San languages.
22 July 2019 - NW229
Steenhuisen, Mr JH to ask the President of the Republic
Whether he intends to take any disciplinary action against a certain person (name furnished) for running a parallel intelligence network; if not, why not; if so, what are the relevant details?
Reply:
I am informed by the relevant authorities that the investigation of this matter is still ongoing and is led by the National Prosecuting Authority. I therefore cannot and will not pre-empt the work that is being done. As soon as I am appraised of the outcomes of these investigations, I will consider the appropriate steps to be taken.
22 July 2019 - NW146
Cebekhulu, Inkosi RN to ask the Minister of State Security
Whether, with the regard to the current and future plans to roll out a 5G mobile network, she has found that her department's involvement in the roll-out in alliance with the department’s strategic and investment partners, will not add any potential state security threats due to informatuion being shared with the partners; if not, why not; if so, what are the (a) relevant details and (b) steps taken by her department to ensure that the security of the State is not threatened?
Reply:
The current and future plans to roll out 5G mobile network in South Africa by strategic investment partners will not have any potential state security threats due to information being shared by partners as the existing adequate Regulations, Governance and Compliance are in place and adhered too.
The SG mobile nstwork is going to provide enhanced services/advantages (speed-faster, more coverage and more capacity). The current security applied on the existing mobile technologies (3G, 4G, Edge, etc) will not be impacted and will remain the same and be covered by the current security precautions and methods applied by SSA security advisory services and related stake holders.
SSA will (be required to) further verify and continuously monitor all hardware and software providing 5G services to detect potential threats and vulnerabilities as manda
22 July 2019 - NW154
Nxumalo, Mr MN to ask the Minister of Public Works and Infrastructure
Whether she has effective monitoring and evaluation measures put in place to ensure that the beneficiaries of the Expanded Public Works Programme get training in the respective programmes so that they will have acquired relevant skills when the stipulated period of the programme expires; if not, why not; if so, what are the relevant details?
Reply:
The Minister of Public Works & Infrastructure:
It goes without saying that training within the Expanded Public Works Programme (EPWP) contributes towards the development of participants and ensures that participants acquire skills to improve their productivity in projects they participate in, whilst ensuring they gain valuable skills that they can utilise when they exit the programme. However, it should be noted that the provision of training to participants is neither compulsory, nor funded through incentive grant. The provision of training is influenced by several factors, such as the funding available for the provision of training on the part of the implementing public body; programme productivity requirements; project design and duration and individual choice to access or not access training.
Training is also funded through resources sourced via the Department of Higher Education and Training Sector Education Training Authorities (SETAs) and in some cases partnerships are struck with the private sector to provide training for EPWP participants.
Through the EPWP Reporting System (EPWP-RS), reports on training interventions provided to participants are captured by public bodies on a regular basis. The information reported in the reporting system includes training plans by public bodies, as well as training interventions implemented in terms of the number of persons trained, number of days of training provided, the type of training received and the funding organisation.
Planned training interventions are included in Sector Business Plans, which are used in conjunction with data reports from the EPWP-RS to monitor the training interventions delivered against the plans.
_____________________________________________________________________________
22 July 2019 - NW112
Nxumalo, Mr MN to ask the Minister of Public Works and Infrastructure
(1) Whether, with regard to the recent negative growth figures in the Republic’s gross domestic product (GDP) and the appalling unemployment rate, she has any clear plans in place to ensure that her department plays a vital and constructive role in alleviating the impact of the current and the forecast of negative growth in GDP through the creation of short- and long-term jobs; if not, why not; if so, what are the full details of her strategy; (2) whether she has a contingency plan in place should her plan or strategy fail; if not, why not; if so, what indicators will she use to measure the success of the strategy?
Reply:
The Minister of Public Works & Infrastructure:
The Department of Public Works and Infrastructure has acquired a new role, which is that of coordinating infrastructure development for the whole country. This is additional to the role that the Department had in terms coordinating the Expanded Public Works Programme (EPWP), which aims to provide mainly short-term work opportunities, as well as provide income support to the poor and unemployed. The programme which started in 2004 is now in the fourth phase of implementation. For programme roll-out purposes, the Department of Public Works and Infrastructure has developed a well consulted EPWP Phase IV Business Plan covering the period 2019/20 – 2023/24, with a target of 5 million work opportunities.
We must acknowledge that South Africa needs to invest more in infrastructure in order to create conditions that are conducive to economic growth. A number of State-owned buildings do not provide environments where officials are able to execute their functions effectively, largely due to accessibility and maintenance issues. We must now begin to invest more in maintenance, which will not only assist to keep our buildings in a liveable state, but also create thousands of decent jobs, both long-term and short term. The aim is to ensure coordinated efforts, not only within the Public Works sector, but also among all Government departments and institutions that are responsible for infrastructure roll-out.
(2) We do not plan to fail. We will ensure robust monitoring and evaluation of our implementation in order to identify challenges and weakness and apply the right interventions where necessary. For instance, in terms of the implementation of the EPWP the strategy will include the signing of agreements with public bodies on the EPWP, provision of guidelines, provision of technical support, engaging public bodies to utilise their Medium Term Expenditure Framework (MTEF) allocations for the implementation of the Programme, as well as the continuous monitoring of the performance of public bodies.
The Business Plan will be monitored in terms of the EPWP Monitoring and Evaluation Framework with the following indicators included:
- Number of work opportunities created;
- Number of work opportunities disaggregated by the following categories: youth, women and people with disabilities;
- Income transferred to participants; and
- Contribution towards community assets and services rendered.
22 July 2019 - NW166
Steyn, Ms A to ask the Minister of Public Works
(1) What mechanisms has her department put in place in order to transfer vacant land owned by the State and under the custodianship of her department to various government departments? (2) What number of State-owned land parcels under the custodianship of her department have been identified as land that will be transferred?
Reply:
The Minister of Public Works and Infrastructure:
1. The Department of Public Works and Infrastructure (DPWI) has an approved disposal policy and business processes in place to facilitate the transfer of land to Government departments for various purposes. There are processes in place for the release of land parcels to support land reform, human settlements, as well as availing land for purposes of socio-economic development and for the benefit of public good (e.g. servitudes, road construction, expansion of airports, TVET colleges etc.)
2. There are 100 land parcels under the custodianship of DPWI that have been identified for restitution purposes by the Department of Agriculture, Land Reform and Rural Development (DALRRD). These will be processed once all supporting documents, i.e. Section 42D agreements have been received from DALRRD. Further, there are over 20 land parcels that have been identified to be released for human settlements purposes once the high level development plans have been received from the Department of Human Settlements. In contributing to economic development, more than 30 land parcels will be released as commercial disposals mainly to State-owned entities
_____________________________________________________________________
22 July 2019 - NW220
Bergman, Mr D to ask the Minister of International Relations and Cooperation
(1) (a) On what date was the Chief Financial Officer of her department suspended and (b) on what grounds; (2) whether the specified person’s disciplinary process has been finalized; if not why not; if so, (a) on what date was the process finalized and (b) what are the details of the outcome? NW1179E
Reply:
(1)(a)The CFO was placed on precautionary suspension on the 20th June 2018.
(b) The grounds for the precautionary suspension was that further investigations needed to be conducted into allegations of impropriety against him.
(2)(a) The disciplinary process has been finalised and the outcome was communicated to the Department on 25th June 2019.
(b) The outcome was that the CFO was not found guilty on all charges levelled against him.
19 July 2019 - NW160
Hlengwa, Mr M to ask the Minister of International Relations and Cooperation
What is the total (a) number of government employees in her department who are being paid whilst on a suspension and (b) cost to Government in each case? NW 1118E
Reply:
a) Currently there are no officials in the Department who are on suspension.
b) None
19 July 2019 - NW141
Singh, Mr N to ask the Minister of Environment, Forestry and Fisheries
1. Whether, with regard to the current and future plans to roll out 5G, she has found that the electromagnetic fields have an impact on the ecosystem such as, but not limited to, birds, bees, wildlife and the environment; if not, why not; if so, what are the relevant details; 2. Whether she intends to take steps in order to protect the ecosystems of the Republic with regard to the added frequencies being emitted by 5G mobile networks; if not, why not; if so, what are the relevant details?
Reply:
The National Environmental Management Act, through the Environmental Impact Assessment (EIA) Regulations requires that activities which are deemed to have significant impacts on the environment be subjected to an impact assessment process. This process provides that the applicant willl have to carry out a study or studies where such infrastructure will be developed, to ascertain the types of impacts that such a development will have on the immediate environment and the biodiversity. These studies and the proposed mitigation measures are considered in deciding whether or not such developments can be allowed.
The roll out of 5G related infrustructure will therefore be site-specific and, as such, geographical context will inform the nature and extent of the impact required assessment. With respect to electromagnetic radiation, the Department takes guidance from the Department of Health, who have a dedicated unit that is mandated to consider the health effects of electromagnetic radiation.
Regards
MINISTER OF ENVIRONMENT, FORESTRY AND FISHERIES
DATE:
19 July 2019 - NW158
Hlengwa, Mr M to ask the Minister of International Relations and Cooperation
What is the total (a) number of government employees in her department who are being paid whilst on undue and/or extended periods of sick leave and (b) cost to Government in each case? NW 1116E
Reply:
(a)
CASE NUMBER |
SALARY LEVEL |
AMOUNT |
1 |
07 |
R45 725.99 |
2 |
13 |
R192 308.37 |
3 |
12 |
R427 075.43 |
4 |
10 |
R84 541.79 |
5 |
10 |
R191 611.69 |
6 |
10 |
R97 756.50 |
7 |
13 |
R127 216.33 |
8 |
10 |
R192 880.78 (R74 600.83 + R118 279.95) |
(b) R1,359,116.88
19 July 2019 - NW169
Lorimer, Mr JR to ask the Minister of Environment, Forestry and Fisheries
(1) Whether her department appealed the Western Cape High Court ruling against fishing quotas for West Coast Rock Lobster (WCRL); if so, what a‹e the details of procedure in this case; if not, (2) Whether the court action will go ahead; if not, why not; if so, what are the relevant details; (3) Whether, in light of the ruling, she has found that the total allowable catch figures are for WCRL quotas ears improperly set; if not, what is the position in this regard; if so, what are the relevant details; (4) On what scientific data did her department reply when it set the total allowable catch levels for WCRL (5) What steps has her department taken to stop the decline in the WCRL number to prevent it from becoming extinct?
Reply:
- Yes. However the department subsequently withdew the appeal application on 10
-
The court action will not proceed as the department has withdrawn the appeal lodged against the ruling.
- I am guided in this matter by the court judgement wherein the judge bund, intar alia that: '..the 2017/18 TAC detorninaton of termination of 1924.08 tons waa unlawful....". The judge saw, among other things, the fact that the decision-maker failed b have egaxl B mandatory objectives and principles concerning the need for lobster to be potected from over-exploitation and for the exploitation of lobster to be ecologically sustainable. However, the judge stopped short of instructing the Department to reduce the TAC allocation as the 2017/18 West Coast Rock Lobster season had already closed.
- I am advised by the Department that the data considered in the scientific recommendation included:
(a) Commercial Catch Per Unit of Effort(CPUE);
(b) Somatic Growth Rata
(c) Fisheries Independant Monibring Survey(FIMS) Indices; and
(d) Poaching eatimatas.
(5)(a) West Coast Rock Lobster (WCRL) has been identified as one of the two priority species with a recovery plan and stately in place
(5)(b) These are improved eeea«›h and compliance efforts as well as a move forwards ensuring more effective cooperation with various lawenforcement agencies B reduce the levels of poaching. The Department has, through the Chief DiecBrate: Monitoring Control and Survaillance (MCS), embarked on a number of nearshore enforcement efforts to the WCRL and abalone sectors. This has been augmented by Operation Phakisa joint operators in partnership with South African Police Services (SAPS), the Department of Transport (Taxes), the Department of Home Affairs and various Municipal Metro Police.
Regards
MB B D CREECY, MP
MINISTER OF ENVIRONMENT, FORESTRY AND FISHERIES
DATE:....!.... . .. .
19 July 2019 - NW245
Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural DevelopmentQUESTION
(1) (a) Why was her department’s blended finance programme suspended, (b) what number of applications were funded through the programme since its inception, (c) what was the average Rand value of grant support and loan provided to each client and (d) what was the average turnaround time from application to the disbursement of any loans and/or grants; (2) whether she has found that the suspension of her department’s blended finance programme has had a negative impact on the commercialisation of black emerging farmers and producers; if not, what is the position in this regard; if so, what are the relevant details; (3) (a) why could the review process not be conducted while continuing with the programme, (b) on what date did the review process start, (c) how long is it anticipated to take to finalise it and (d) when would the farmers start submitting applications going forward; (4) what are the full relevant details of the committee and/or panel constituted to perform the review? NW1204E
Reply:
1.(a) Why was her department’s blended finance programme suspended?
The Department noticed the need to address certain gaps that were identified during the implementation of the programme, hence the temporary suspension.
(b) What number of applications were funded through the programme since its inception:
Approval Date |
Producer name |
Approved BF amount by Funding Forum |
Amount drawn |
Undrawn amount |
20/02/2019 |
Tete Somahasti Trading Enterprise CC |
R 7 000 000.00 |
R7 000 000.00 |
R - |
20/02/2019 |
FH Benade |
R 4 000 000.00 |
R4 000 000.00 |
R - |
20/02/2019 |
Ditaung Agricultural Cooperative |
R 35 500 000.00 |
|
R 35 500 000.00 |
20/02/2019 |
Mway Trading Enterprise |
R 12 057 500.00 |
|
R 12 057 500.00 |
20/02/2019 |
ADK Poultry |
R 4 710 310.00 |
R 2 358 202.05 |
R 2 352 107.95 |
20/02/2019 |
Moatswi Trust |
R 2 713 933.00 |
R 209 360.75 |
R 2 504 572.25 |
01/03/2019 |
Sign Farming |
R 22 750 000.00 |
|
R 22 750 000.00 |
|
|
R 88 731 743.00 |
R 13 567 562.80 |
R 75 164 180.20 |
NB: Those highlighted have been paid.
(c) What was the average Rand value of grant support and loan provided to each client and?
For these 4 transactions the:
Average project value – R10.054 mil
Average grant value – R4.606 mil
Average loan value - R5.449 mil
(d) What was the average turnaround time from application to the disbursement of any loans and/or grants;
Average turnaround time is 9 weeks
2. Whether she has found that the suspension of her department’s blended finance programme has had a negative impact on the commercialization of black emerging farmers and producers; if not, what is the position in this regard; if so, what are the relevant details?
The aspirant beneficiaries of the programme are farmers/producers that are currently farming and could not have stopped their operations as the funding model’s intention is to support expansion of their operations towards commercialization, so the suspension would not adversely affect them negatively.
3.(a) Why could the review process not be conducted while continuing with the programme?
The review could not be conducted while continuing with the programme because there were policy and approval processes gaps that would have negatively affected further implementation should the programme had proceeded in its current form. In addition to that, the Department did not want to continue processing applications through a system that has gaps.
(b) On what date did the review process start?
The first meeting of the Task Team to review the funding model took place on 11 December 2018.
(c) How long is it anticipated to take to finalize it and?
The Task Team completed the assessment of gaps and the proposed revised model at the end of May 2019. However due to the merging of DAFF and DRDLR, the then DAFF’s Task Team work was extended to include members of the DRDLR to integrate the two processes and develop the policy and proposed funding model. The due date for the finalization of this task team work has been extended to the end of July 2019 and present to the Minister and thereafter Cabinet.
(d) When would the farmers start submitting applications going forward;
Once the Cabinet has approved the policy that guides this funding model. The revised model will specify clearly the date when the farmers may start sending applications through.
4. What are the full relevant details of the committee and/or panel constituted to perform the review?
4.1. Chief Director: Policy Development and Planning: Ms. B. Bopape - Chairperson
4.2. Chief Director: Cooperatives and Rural Enterprises: Ms Kwena Komape
4.3. CASP-Coordinator: Ms. E Mtshiza
4.4. Chief Director Development Finance: Mr N. Ramashia
4.5. Chief Director: Food Security: Dr J. Moeng
4.6. Director Plant Production: Mr T. Ramashala
4.7. Director: Programme Development Support: Ms R. Joemat
4.8. Director Small Scale Forestry: Mr T. Mathiane
4.9. Scientist Manager Animal Production: Dr N.B. Nengovhela
4.10. Director: Agro-processing: Mr. Victor Thindisa
4.11. Chief Director: Forestry Development and Regulations: Ms P. Nkhwashu.
4.12. Chief Director: Plant Production and Health: Dr. J. Japhta
4.13. Chief Director: Forestry Operations: Ms. M. Leseke
4.14. Chief Director: Financial Management: Ms Z. Lufele
4.15. Chief Director: National Extension Support Services: Mr B. Msomi
4.16. Chief Director Sector Capacity Development: Ms L. Botsheleng
4.17Chief Director Aquaculture and Economic Development: Mr B. Semoli
Secretariat – Deputy Director Development Finance – Ms. Vivian Pila.
18 July 2019 - NW251
Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural DevelopmentQUESTION
Has a statutory service provider been appointed in terms of section 3(1A) (b)(ii) of the Agricultural Product Standards Act, Act 119 of 1990; if not, why not; if so, what (a) method was used to appoint the service provider and (b) are the details of the contract?
Reply:
No statutory service provider has been appointed in terms of section 3 (1A)(b)(ii) of the Agricultural Product Standards Act 119 of 1990, however, assignees have been designated by the Minister in terms of section 2 (3)(a) of the said Act as far back as 1991 until recently in 2016. A total of 7 assignees have thus far been designated to conduct inspection on regulated agricultural products destined for export and those that are sold locally. The empowering section that was used in the designation of assignees is the very same section 2 (3)(a) of the said Act. The obligations, duties and rights of parties, the assignee, the regulated community and that of the Honourable Minister, are set out in the said Act.
18 July 2019 - NW15
Lees, Mr RA to ask the Minister of Public Enterprises
What (a) are the (i) full names and (ii) details of the (aa) middle person supplier and (bb) original manufacturer of equipment, parts, consumables and services procured by (aaa) the SA Express and (bbb) its subsidiaries since 1 April 2017, (b) is the value of supplies of each commodity procured from each middle person supplier and (c) is the actual or estimated price premium paid for each commodity?
Reply:
This response is according to the information received from South African Express:
Response attached as Annexure A.
Specific details in part (c) relating to Namane Capital attached as Annexure B.
18 July 2019 - NW43
Ngwenya, Ms DB to ask the Minister of Social Development
(a) What number of rehabilitation centres are run by the State in each province and (b) what is the capacity of each centre?
Reply:
There are 13 rehabilitation centres that are run by the state in 9 provinces.
Province |
Name of centre |
Bed capacity |
Status |
Gauteng |
Dr Fabian and Florence treatment centre |
300 |
Operational |
Northern Cape |
Northern Cape substance abuse treatment centre |
40 |
Operational |
North West |
J.B. Marks treatment centre |
40 |
Operational |
Taung treatment centre |
20 |
In the process of being operationalised |
|
Western Cape |
Kensington treatment centre |
30 |
Operational |
De Novo treatment centre |
120 |
Operational |
|
Eastern Cape |
Ernest Malgas treatment centre |
38 |
Operational |
Mpumalanga |
Swartfontein treatment centre |
50 |
Operational |
Nkangala treatment centre |
50 |
In the process of being operationalised |
|
Limpopo |
Seshego treatment centre |
72 |
Operational |
Free State |
Botshabelo treatment centre |
40 |
Under construction |
Kwa Zulu- Natal |
Madadeni treatment centre |
44 |
Operational |
New lands treatment centre |
100 |
Operational |
18 July 2019 - NW176
Schreiber, Dr LA to ask the Minister of Public Service and Administration
Whether his department intends to conduct the lifestyle audits on all (a) Members of the Cabinet, (b) Deputy Ministers and (c) Directors-General; if not, in each case, why not; if so, (i) what is the state of preparedness for conducting the lifestyle audits, (ii) what are the terms of reference of the audits and (iii) by which date will the terms of reference be made public?
Reply:
(a)(b) The DPSA is not mandated to conduct lifestyle audits on members of the Executive, which includes members of Cabinet and Deputy Ministers.
(c) The newly established Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit (called the “Ethics Enforcement Unit”) is mandated in terms of section 15 of the Public Administration Management Act, 2014 (PAMA), to conduct ethics profiles, which includes lifestyle audits, and includes all employees in the public administration, including Director-Generals.
(i) On 1 April 2019, a proclamation issued in terms of the Public Administration Management Act, 2014 (PAMA 2014) brought into effect the Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit (the “Ethics Enforcement Unit”).
The mandate of this Unit, in terms of section 15 of PAMA 2014, (see Tag A) is to:
- support and provide technical assistance for the management of ethics, integrity and disciplinary matters relating to misconduct in the public administration;
- develop norms and standards for the above;
- build capacity around the disciplining of misconduct;
- strengthen oversight of ethics, integrity and discipline; and to intervene in cases where systemic weaknesses are identified;
- promote ethics and integrity; and
- cooperate with other institutions and organs of state.
As such, this Unit is the legal custodian of all integrity testing information and is responsible for lifestyle audits and integrity testing in all spheres of government.
The Unit is currently incubated in the DPSA, with efforts underway to fund and staff it properly, through a process of internal reprioritisation and reorganisation. The first phase will commence from 01 September 2019, and will include lifestyle audits as a function.
ii)-iii) The Unit has identified lifestyle audits as a priority and during its incubation phase will focus on the Public Service. To this effect, the unit has drafted a Framework for conducting lifestyle audits on public service employees. The Framework will be presented for approval to the Minister of the Public Service and Administration, where after terms of reference will be developed. As soon as this is finalised, it will be announced.
End
18 July 2019 - NW22
Basson, Ms J to ask the Minister of Human Settlements, Water and Sanitation
(1)On what date was the last (a)(i) Blue Drop and (ii) Green Drop assessments conducted and (b) report (i) prepared and (ii) published in each case; (2) by what date will the next (a)(i) Blue Drop and (ii) Green Drop assessments be conducted and (b) report be (i) prepared and (ii) published?
Reply:
(1) (i) The last Blue Drop (BD) report assessments were conducted in 2014 and the report was published in January 2016.
(ii) The last Green Drop (GD) assessments were conducted in 2013 and the report was published in 2014.
(2) (a) &(b) My Department has advised me that there are no plans to conduct Blue Drop and Green Drop assessments in the current financial year due to capacity and financial constraints.
Honourable Member, I have been made aware that the Department is supposed to conduct Progress Assessment Tool (PAT) on a yearly basis to ensure that the Municipalities whose schemes were not compliant when the last Blue Drop and Green Drop Assessments were conducted do progressively address challenges identified.
I wish to appeal to the Honourable Member to afford me an opportunity to look into the capacity and financial challenges that may have hampered the conduct of these assessments on a regular basis.
18 July 2019 - NW19
Masango, Ms B to ask the Minister of Social Development
(a) What number of forensic social workers are currently employed by her department in each province, (b) where are the forensic social workers based, (c) which (i) official and (ii) other languages are the forensic social workers proficient in and (d) what is the average case load that each forensic social worker has to deal with in each month?
Reply:
a) The Department of Social Development does not employ Forensic social workers, however appoints probation officers and Assistant Probation officers in terms of Probation Services Act, no,116 of 1991 and operate within the criminal justice system to provide probation services and also within child justice system in terms of Child Justice Act no,75 of 2008
b) In South Africa forensic social work is a specialist area in social work, which implies that these social workers have additional registration to the generic social work registration as regulated by the South African Council of Social Service professions. Forensic Social Workers are currently employed by the South African Police Services and linked to detective units and Department of Justice and Constitutional Development in the family advocate offices to conduct forensic services in probation and divorce cases.
18 July 2019 - NW126
Schreiber, Dr LA to ask the Minister of Public Service and Administration
(1)What number of public service employees have been found to have conducted business with the State in contravention of section 8 of the Public Administration Management Act, Act 11 of 2014, since its inception; (2) whether any of the specified public service employees were successfully prosecuted and subjected to a fine or imprisonment for contravening section 8 of the specified Act; if not, why not; if so, what are the relevant details in each case; (3) whether any of the public service employees have had their employment terminated for contravening section 8 of the Act; if not, why not; if so, what are the relevant details?
Reply:
- The DPSA identified twenty public service employees who may have conducted business with the State and therefore, may be in contravention of section 8 of the Public Administration Management Act, 2014.
- No public service employees were prosecuted or fined for contravening section 8 of the specified Act. However, on 24 June 2019, the DPSA submitted a list of twenty employees referred to in paragraph 1, to both the National Commissioner of the South African Police Service and the National Director for Public Prosecutions, with a request to conduct the necessary investigations and possible prosecutions.
- No public service employee has had their employment terminated for contravening section 8 of the Act; as the identified cases still need to be investigated.
END
17 July 2019 - NW132
Tarabella - Marchesi, Ms NI to ask the Minister of Basic Education
(1)Whether, with reference to her reply to question 1193 on 17 May 2018, it is still her department’s policy not to collect or collate information regarding the (a) number of cases of assault by (i) learners on educators and support staff, (ii) educators and support staff on learners, (iii) educators on educators, (iv) support staff on support staff, (v) support staff on educators and (vi) educators on support staff have been reported in each province since 1 January 2019, (b) type of assault took place in each case and (c) remedial action was taken in each case; if not, what are the relevant details in each case; (2) whether any perpetrator was convicted criminally; if not, why not; if so, what are the relevant details?
Reply:
(1);(2) This information is not routinely collected by the national department. The member is advised to request the information directly from the provincial departments.
17 July 2019 - NW109
Ngcobo, Mr S to ask the Minister of Basic Education
Whether, in view of the need for adjustment in education due to the demands of the fourth industrial revolution, she intends to revive the laptop initiative which was discussed for a long period in the labour relations council and was later abandoned just before implementation; if not, why not; if so, what are the relevant details?
Reply:
1. The Teacher Laptop Initiative was part of a strategy to take forward the objective of improving Information and Communications Technology (ICT) in teaching and learning. After its announcement in 2009, the initiative was widely hailed as one of the critical steps towards the improvement of the quality of education. The initiative’s aim was to ensure that every teacher owns and uses a laptop, by providing them with a monthly allowance which will contribute to the purchase costs as well as the costs of connectivity.
2. Due to a number of challenges the Department did not launch this project.
3. STATE OF THE NATIONS ADDRESS (SONA) INJUNCTIONS
Based on the 2019 SONA injunctions, the DBE plans to provide each learner and teacher with an ICT device with access to digitised Learning and Teaching Support Material (LTSM).
3.1 A comprehensive ICT plan has been developed to provide a framework for an affordable and sustainable implementation of ICTs in education. The plan will be implemented in three phases, commencing with Phase 1 that will target multi-grade, multiphase, farm and selected rural schools (2020-2021). The Second Phase will target quintile 1 to 3 schools (2022-2023), and Phase 3 will target quintile 4 and 5 schools (2024). All Special schools will be accommodated in all phases according to the type of disability.
3.2 The DBE will work with other government departments, the private sector and social partners in the deployment of ICTs, and will drive a sector-wide campaign to maximise the benefit of e-Learning at all schools in the country.
4. FOCUS AREAS
Four areas have been identified from the e-Education White Paper (2004) as follows:
4.1 Digital content resource development (digitisation)
The DBE will invest in digital content development to ensure that high quality digital resources are available free of charge offline and online via the DBE Cloud, Thutong and other platforms. The basic education sector aims for a balance between ‘state-owned’ content resources, open education resources (OERs) and publisher-created (proprietary) content resources. The Department will continue with its initiative of digitising state-owned content resources.
4.2 ICT professional development for management, teaching and learning integration
The introduction of ICT in the education sector necessitates the professional development of all teachers, managers and educator support staff in the Provinces. This means the provision of appropriate training for teachers and managers before they attempt to introduce the use of ICT in the classrooms. The training of teachers will be guided by the Professional Development Framework for Digital Learning.
4.3 ICT infrastructure
The DBE plans to provide each learner and teacher with an ICT device to enhance teaching and learning. It should be noted that ICT infrastructure is fundamental to the implementation of e-Education and offers opportunities to access learning, redress inequalities and improve the quality of teaching and learning.
4.4 School connectivity
The Departments of Basic Education and Communications have developed a connectivity plan for schools. The plan seeks to provide cost-effective, secure and efficient connectivity that will advance the quality of teaching and learning in schools, specifically ensuring access to quality education.
17 July 2019 - NW138
van der Merwe, Ms LL to ask the Minister of Home Affairs
In light of his statement that he intends to revamp the Department of Home Affairs, what steps does he intend taking to address (a) long queues at Home Affairs offices, (b) the effectiveness of the Home Affairs IT systems which are often offline and (c) the country’s porous borders that have led to the mass influx of undocumented illegal migrants?
Reply:
a) In order to address long queues, the department has partnered with several stakeholders including, Government Communication and Information Services (GCIS) wherein causes of long queues were identified and the following strategies are to be implemented:
- Continue to increase the footprint through e-channel, mobile offices, roll-out additional modernised offices to ultimately phase out the manual process, come up with kiosk counters (in future) and lastly consider a booking system at local offices.
- re-open negotiations with organised labour as well as DPSA to allow the department to work on Saturdays through the introduction of a shift system as this will assist in reducing queues as most clients found themselves not able to visit DHA offices during the week.
- Engage with SITA and other role-players to continue with the stabilization of the IT system. In addition, the department will improve system functionality through the introduction of an “offline” mode facility which will continue rendering services to clients even if the system is offline and
- the department is in the process of prioritising filling of critical positions even though the department has not been in a position to fill vacant posts due to budget cuts.
b) The department is on a journey to modernise all the back end legacy systems and automate all front end processes to issue vital documents. To date the department has automated front end processes of issuing IDs, Passports, Birth, Marriage and Death Certificates. The system development programme is ongoing and back end legacy systems are still to be completed to ensure full integration rather than the current multiple interfaces which are not ideal and causes intermittent downtimes.
The network infrastructure in which all the DHA systems run on is provided for by the State Information Technology Agency (SITA) and is often a cause of system downtime. A comprehensive assessment was done by SITA in the last financial year and produced a new network architecture and implementation plan which will provide a fully redundant and high availability network throughout the DHA footprint.
(c) The department has been mandated by Cabinet to establish the Border Management Authority (BMA) as a strategic intervention aimed at circumventing the challenges which prevail in the border environment that enable illegal migrants access into the country. As Parliament is aware, the BMA Bill is presently in the National Council of Provinces (NCOP). The intention is to fast-track this Bill for finalisation in 2019.
In the short-term, the BMA Project Management Office (PMO) in the Department of Home Affairs is responsible for the coordination and management of organs of state in the border environment. In this regard 17 Directors-General/Accounting Officers have signed a Multi-Party Agreement on Enhanced Border Coordination.
END
17 July 2019 - NW151
Ngcobo, Mr SL to ask the Minister of Higher Education, Science and Technology
(1)Whether his department has plans in place to help provide accommodation for the students in technical and vocational education and training colleges to deal with unhealthy and dangerous squatting which in most cases expose students to drug abuse and other related criminal elements; if not, why not; if so, what are the relevant details; (2) whether all accommodation of the deserving students will be paid for or subsidised by his department; if not, why not; if so, what are the relevant details of the roll-out plan?
Reply:
1. The development of decent, affordable student housing for universities and TVET colleges is a priority of government. The Student Housing Infrastructure Programme has been developed to accelerate the provision of 300 000 beds over 10 years, which includes
100 000 beds for TVET college students. A pilot project is currently underway at the King Hintsa TVET College with the Lephalale and Northlink TVET Colleges forming the next projects in the pipeline. A further six colleges will be selected for consideration during the course of this year.
The Department is also assisting TVET colleges with the repairs and maintenance of existing student accommodation through the College Capital Infrastructure Efficiency Grant.
The Department of Human Settlements, Water and Sanitation is also working towards supporting the development of student housing as part of their social housing developments.
2. Given the substantial increase in the bursary allocation from R2.437 billion in 2017 to R5.164 billion in 2018 and R6.517 billion in 2019 for the introduction of fee-free education, the Department is able to provide accommodation or travel allowances to qualifying TVET college students. In view of the increase in funding, the Department has standardised rates for allowances to ensure that TVET students’ basic needs are met to be successful in their studies.
NSFAS assesses the financial eligibility of all applicants while the colleges’ financial aid committee verifies the students’ supporting documents to make a determination on eligibility for either a travel or accommodation allowance. NSFAS pays out the allowances to students in accordance with the recommendation of the college financial aid committee, based on the College Bursary Rules and Guidelines developed by the Department of Higher Education and Training.
In 2018, approximately 115 000 students qualified for accommodation allowances.
17 July 2019 - NW150
Ngcobo, Mr S to ask the Minister of Basic Education
(1)Whether there are any specific measures in place to ensure that provinces roll out the school nutrition programme in a manner that will benefit the learners as the legitimate beneficiaries rather than money disappearing into the pockets of the service providers; if not, why not; if so, what are the relevant details; (2) whether she will promulgate national guidelines to determine how the service providers are selected in an equitable and fair manner to avoid provincial departments being taken to court while learners suffer all the time as it sometimes happen; if not, why not; if so, what are the relevant details?
Reply:
1. The national Department of Basic Education has a responsibility to oversee, guide, monitor and support the provinces in the implementation of the National School Nutrition Programme (NSNP), and to ensure compliance with National Treasury regulations and the Conditional Grant Framework in particular. The Provincial Education Departments on the other hand, have a key responsibility to implement the programme in line with the applicable prescripts and guidance. Procurement of services for the NSNP is a provincial responsibility. To ensure that learners benefit maximally, the Conditional Grant Framework of the NSNP specifies the following conditions: the percentage of funds that are to be used for procurement and cooking of meals (feeding); the quality of school meals; as well responsibilities for districts and provinces with respect to monitoring and support to ensure adherence.
2. The selection of service providers in the NSNP is managed like all procurement processes in the public service. The selection is done by provinces in line with the Supply Chain Management (SCM) System processes and applicable prescripts. Where the procurement model is centralised (Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga and Western Cape), an open tender process is followed. In the remaining provinces where the decentralised model is used and funds are transferred to schools, the 3 quotation system is mostly utilised, as determined by the ceiling price of the service in line with SCM prescripts. In all instances, procurement is required to be open, fair, transparent, equitable, effective and efficient, among others. The DBE has developed a guideline for schools on the management of NSNP funds which was disseminated to provinces and districts. School Management Teams were trained on the use of this guideline.
17 July 2019 - NW139
van der Merwe, Ms LL to ask the Minister of Home Affairs
What steps does he intend to take to deal with the perceived rampant and endemic corruption within his department which often leads to fraudulent documents being issued, putting at risk the integrity of the entire home affairs system, as well as the security of the State?
Reply:
The Department has a Branch, Counter Corruption & Security Services which is mandated to prevent and combat fraud and corruption as well as to promote organisational integrity within the DHA. Because people who commit fraud and corruption are motivated by a number of things, the Prevention Unit of the Branch undertakes awareness interventions aimed at educating officials about fraud, corruption and the negative consequences thereof through awareness initiatives that also promote ethical behaviour.
At the same time, wrongdoing needs to be addressed hence reported allegations of fraud and corruption involving officials are investigated. Once the allegations have been proved to be true through investigations, the matter is referred to Labour Relations for instituting of disciplinary against implicated officials. Line function managers are informed of methods used to commit fraud and corruption that are uncovered during investigation so that these can be addressed.
The Unit also undertakes the following proactive measures in its fight against fraud and corruption by officials:
- Evaluation of Departmental processes in order to identify gaps that may contribute to fraud and corruption. Recommendations thereof are then sent to the relevant Branches for implementation, i.e. close the gaps.
- Two processes are earmarked for the current financial year, Ports of Entry as well as Passports.
- Vetting investigation of officials in order to determine their security competence in relation to the grading of their posts.
- Threat and Risk Assessments are undertaken in line with the Minimum Physical Security Standards as well Minimum Information Security Standards. This is to ensure that our facilities and document management are in compliance with prescripts. Recommendations from these exercises are referred to the relevant office managers for implementation.
The Department also launched Operation Bvisa Masina (Weeding out the rot), which is a collaboration with other Law Enforcement Agencies in fighting fraud and prevention. During the previous financial year, 17 officials and 12 non-officials were arrested as a result of this Operation.
The Department is also working at integrating its systems as the non-integrated systems have been flagged as contributing factors to fraud and corruption.
END
17 July 2019 - NW122
McGluwa, Mr JJ to ask the Minister of Home Affairs
Whether any persons whose asylum application was rejected due to fraudulent documents were arrested in each of the past five years; if not, what is the position in this regard; if so, what are the relevant details; (2) whether any of the specified persons were assisted by his department to reapply for asylum; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
1. There is no person whose asylum application was rejected due to fraudulent documents was ever arrested in each of the past five years. In terms of Section 24 (3) of the Refugees Act 1998 (Act 108 of 1998) the Refugee Status Determination Officer (RSDO) must at the conclusion of the hearing either grant asylum, or reject the application as manifestly unfounded, abusive or fraudulent or reject such application as unfounded.
Section 1(xi) of the Refugees Act 1998 defines a fraudulent application for asylum as meaning an application for asylum based without reasonable cause on facts, information, documents or representations which the applicant knows to be false and which facts, information, documents or representations are intended to materially affect the outcome of the application.
Therefore decisions are taken on the basis of the adjudication of the asylum claim which may contain documents which the applicant knows to be false and which documents are intended to materially affect the outcome of the application. Fraudulent decisions like manifestly unfounded or abusive are referred to Standing Committee for Refugee Affairs (SCRA) for automatically review. In the event such decision are upheld by SCRA, such applicant is then referred to Inspectorate for deportation.
2. It must be noted that any of the specified persons are finally rejected by SCRA, they are still at liberty to approach the courts for a judicial review if they so wish to do so.
END
16 July 2019 - NW148
Majozi, Ms Z to ask the Minister of Police
(1) Whether, with regard to current and future plans to roll out 5G high-speed mobile networks, he has been informed of the potential risks to humans when this technology is used in weapons; if not, why not; if so, what are the relevant details; (2) Whether he intends to use this technology for crowd dispersal; if not, what alternative methods he is considering; if so, what are the (a) relevant details and {b) effects of using this technology as a weapon far crowd control?
Reply:
- 5G stands for fifth-generation cellular wirelass networks technology that provides broadband access, which has the potential to be 40 limes faster and suffer shorter fag times than the current 4G/LTE. The mobile networks service provider automatically upgrade to the latest version of network during the rollout where there is infrastructure for the coverage. It is uced to transmit data, voice, video and multimedia streaming cannot be used in weapons.
- SG is the cellular wireless networks technology that provides broadband accass, is not the tool to be used for ctowd dispersal:
LIEUTENANT GENERAL
I SERVICES NP MASIYE
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 5 JULY 2019 (INTERNAL QUESTION PAPER NO 3-2019)
Reply to question 148 recommended/not recommended
DEPUTY NATIONAL FN VUMA
Date:
LIEUTENANT GENERAL MIGSIONER- ASSET AND LEGAL MANAGEMENT
Reply to question 148 recommended/ not recommended
NATIONAL COMMISSIONER KJ SITOLE (SOEG)
GENERAL
SOUTH TH AFRICAN POLICE SERVICE
Reply to question 148 approved/not approved
GENER BH CELE, MINISTER OF POLICE
Date:
16 July 2019 - NW104
Hlengwa, Mr M to ask the Minister of International Relations and Cooperation
Whether she has found that the statements via Twitter by the South African ambassador to the Kingdom of Denmark, Ms Z N Mandela, were inconsistent with the Government’s policy and outlook with regard to the land; if not, on what grounds did she reprimand the ambassador; if so , what are the relevant details? NW1061E
Reply:
1. On the matter of land ownership changing the Ambassador did not make any comments that directly linked to Government policy.
2. The Ambassador made some statements in the tweet that could be construed as personal and that made negative references to individuals she exchanged tweets with. I therefore advised her to always communicate in a manner that is consistent with our expectations as representative of South Africa and to have regards to the Social Media Guidelines of the Department.
16 July 2019 - NW45
Mohlala, Mr M to ask the Minister of Human Settlements, Water and Sanitation
What is the (a) name of each investment company that has invested in land owned by (i) her department and (ii) each entity reporting to her and (b)(i) nature, (ii) monetary value and (iii) duration of each investment?
Reply:
THE DEPARMENT OF HUMAN SETTLEMENTS
The Department of Human Settlements and five of its six entities namely, Community Schemes Ombud Service (CSOS), Estate Agency Affairs Board (EAAB), National Home Builders Registration Council (NHBRC), Social Housing Regulatory Authority (SHRA), Housing and Development Agency (HDA) have advised me that they do not own land and therefore the question is not applicable to these. However, the National Housing Finance Corporation (NHFC) has indicated that it owns various properties and further details are provided below:
A) The President Place which is situated at 78 President Street (Corner of Odendaal Street) in Germiston and that,
- The property is a mixed use building, residential and commercial space, comprising of 320 rental apartments of 1, 2 and 3 bedrooms and 22 shops.
- Investment property in Germiston is worth R102 222 000.
- The duration of the investment is 10 years.
B. Investments in Cape Town and Upington
(a) (ii) The Cape Town Community Housing Company Pty Ltd (CTCHC), a company owned 100% by the NHFC.
(b) (i) CTCHC owns 1006 repossessed institutional subsidy houses, which are still occupied by the original beneficiaries. These houses are located in and around the Khayelitsha and Mitchell’s Plain area, Cape Town. The CTCHC also owns 94 gap-market houses in Upington which are available for sale to qualifying beneficiaries.
(ii) The houses in Khayelitsha and Mitchell’s have an approximate value of R 85 million and the ones in Upington are estimated to be worth R 4.6 million.
(iii) The houses are currently let on short-term rentals.
THE DEPARTMENT OF WATER AND SANITATION:
a) (i) As much as the department owns land, no investment company has invested on the land it owns.
(ii) Refer to the table below for responses from entities.
(a)(ii) Entity |
(b)(i) Nature |
(b)(ii) Value |
(b)(iii) Length of each investment |
Amatola Water |
None |
None |
None |
Bloem Water |
None |
None |
None |
Lepelle Northern Water |
None |
None |
None |
Magalies Water Mhlathuze |
None |
None |
None |
Mhlathuze Water |
None |
None |
None |
Rand Water |
None |
None |
None |
Sedibeng Water |
None |
None |
None |
WRC |
None |
None |
None |
TCTA |
None |
None |
None |
BGCMA |
None |
None |
None |
IUCMA |
None |
None |
None |
Overberg Water |
Transnet rent income for access to the servitude land of Overberg Water |
Transnet R45 265.65 pa (annual escalation 8%) |
Transnet: Area 338 hectares - indefinitely based on a five year review basis |
Telkom rent income for access to the servitude land of Overberg Water |
Telkom R51 757.49 pa (annual escalation 8%) |
Telkom: Area 224 hectares - indefinitely based on a five year review basis |
|
Vodacom rent income for access to the servitude land of Overberg Water |
Vodacom R40 528.38.49 pa (annual escalation 10%) |
Vodacom: Area 262 hectares - indefinitely based on a five year review basis |
|
MTN rent income for access to the servitude land of Overberg Water |
MTN R40 528.38.49 pa (annual escalation 12.38%) |
MTN: Area 230.25 hectares - indefinitely based on a five year review basis |
|
Umgeni Water |
Brookdale farm in Howick: Cattle Farming |
R 19 835.92 |
200.0408 hectares. 5 Years Lease duration |
Doorenhoek farm (Pietermaritzburg): Sugarcane Farming |
R18 163.11 |
297.4926 hectares. 10 Years Lease duration |
16 July 2019 - NW60
Tshwaku, Mr M to ask the Minister of Human Settlements, Water and Sanitation
What percentage of water that was consumed in the Republic was recycled in each province in 2018?
Reply:
Water recycling is done by the Water Boards as Water Service Providers that are also operating Water Schemes on behalf of municipalities. The information provided to me by Water Boards in response to the Honourable Member is as follows:
Entities |
What percentage of water that was consumed in the Republic was recycled in each province in 2018? |
Amatola Water |
Amatola Water does not recycle waste water as it is operating upstream of the water value chain in the bulk purification, distribution and storage space. Amatola Water’s processing methods at plant level involve an insignificant amount of water recycling which is approximately 1% of the raw water abstracted from source. |
Bloem Water |
Bloem Water Treatment works does not recycle consumed water at any of its plants; however during the purification stage water is backwashed and sent back to the catchment (Dams). This process is then metered and reported under unaccounted for water (apparent losses) which is one portion of the Non-Revenue Water for the Entity the other being water consumed by the Entity at Plants and the Head Office which is and average of 1.2%. |
Lepelle Northern Water |
Refer to Annexure A below for recycled water amounts by Lepelle Northern Water |
Magalies Water |
Magalies Water presents the quantities that constitutes 4,21% recycled water as a percentage of raw water abstracted for the period July 2018 up to 31 March 2019, for the 2018/19 financial year. |
Mhlathuze Water |
No recycled water activities. |
Overberg Water |
No recycled water activities. Overberg Water only provides bulk drinking water to its customers mainly, the Hessequa and Theewaterskloof Municipalities and industrial agriculture. |
Rand Water |
Rand Water does not recycle water. However, our customers Tswane and Rustenburg do recycle water in their plants as follows: Tswane: Roodeplat pumping 30M;l/d (maximum capacity 60Mll/d) Rietvliet pumping 36Ml/d (maximum capacity 40Ml/d) Rustenburg: Bospoort pumping 12M/d (maximum capacity 15Ml/d) |
Sedibeng Water |
15% of water consumed was recycled water in the North West. |
Umgeni Water |
The treated waste water effluent re-use is about 8% and the direct recycling is 2%
|
Annexure A
See the link: Lepelle Northern Water
http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW60_Annexure.pdf
16 July 2019 - NW46
Khawula, Mr M to ask the Minister of Human Settlements, Water and Sanitation
(a) On what date will the houses of the Msunduzi Local Municipality’s Wirewall Rectification Programme in Phase 4 be completed and (b) why has there been such a long delay in the construction of the houses?
Reply:
a) It is anticipated that the houses in the Msunduzi Local Municipality’s Wirewall Rectification Programme in Phase 4 project will be completed by 31 December 2020.
b) The KwaZulu-Natal Provincial Department of Human Settlements terminated a contract with the original Service Provider, Masiqhame Trading 376cc in 2013 due to failure to perform in terms of the contractual agreement agreed to. Subsequently, the Msunduzi Local Municipality was instructed by the Provincial Department to procure the services of a new Service Provider to rectify the houses that were not completed by Masiqhame Trading 376cc. A contractual agreement was then entered into between the Msunduzi Local Municipality and the new Service Provider, Farfield Development for the rectification of the outstanding houses and the agreement was signed on 16 May 2016. It then came to the attention of the Local Municipality that some of the houses that were constructed by Masiqhame Trading 376cc were not built in accordance with the layout plan of the area. As a result, a Town Planner was appointed to re-design the project area and amend the zoning of the properties where required.
16 July 2019 - NW44
Mohlala, Mr M to ask the Minister of Human Settlements, Water and Sanitation
(1)(a) What number of labour disputes are currently faced by (i) her department and (ii) each entity reporting to her, (b) what is the (i) cause and (ii) nature of each dispute and (c) on what date was each dispute (i) reported and (ii) resolved; (2) (a)(i) what number of employees have been dismissed by her department in the past five years and (ii) for what reason was each employee dismissed and (b) what (i) number of the specified employees were paid severance packages and (ii) was the monetary value of each severance package?
Reply:
Honourable Member, please find information provided to me by the Department of Human Settlements, of Water and Sanitation and the entities reporting to me.
A. HUMAN SETTLEMENTS:
(1) (a)(i)The Department is currently faced with three (3) disputes, with two of these (2) at conciliation stage and one (1) at arbitration stage.
(b)(i) The Causes of the two (2) disputes at Conciliation are as follows:
- The 1st dispute arose from an employee who lodged a formal grievance on 22 October 2018 alleging wrongful conduct by the employer in a disciplinary hearing which impaired her dignity resulting in suffering and humiliation. The employee further sought compensation for her suffering and humiliation:
- The grievance was investigated with recommendations on findings thereof supported and approved by the Head of Department.
- The aggrieved employee was however dissatisfied with the outcome and opted to refer a dispute to the CCMA.
- The CCMA considered that it did not have jurisdiction to hear the matter and advised the employee to refer the dispute to the General Public Service Sectoral Bargaining Council (GPSSBC).
- The 2nd dispute arose after an employee was placed on pre-cautionary suspension on 29 April 2019 pending conclusion of investigations into possible acts of misconduct, including incidents of gross financial misconduct, gross insubordination, gross dishonesty, gross misrepresentation, gross violation of prescripts and gross negligence that occurred between July 2018 to March 2019.
The Cause of the one (1) dispute at Arbitration is as follows:
- The dispute arose from an employee who lodged a formal grievance on 4 December 2017 regarding the department’s failure to pay acting allowance in that the DDG: CS granted approval for the payment of an acting allowance, however, the Director-General advised that the post the employee was acting against did not exist and the employee must move back to her original post:
- The grievance was investigated and recommendations on findings thereof supported and approved by the Head of Department.
- The aggrieved employee was however dissatisfied with the outcome and opted to refer the dispute to the General Public Service Sectoral Bargaining Council (GPSSBC).
(ii) The Nature of the two (2) disputes at Conciliation are as follows:
- The 1st dispute is regarding an unfair labour practice relating to an occupational detriment and contravention of the Protected Disclosure Act;
- The 2nd dispute is regarding an unfair labour practice relating to suspension.
The Nature of the dispute at Arbitration is as follows:
- The dispute is regarding an unfair labour practice relating to the payment of benefits, i.e. the non-payment of an acting allowance.
(c) (i) The dates the two (2) disputes at Conciliation were reported:
- One (1) dispute was reported to the GPSSBC on 11 April 2019.
- One (1) dispute was reported to the GPSSBC on 20 May 2019.
The dates the dispute at Arbitration was reported:
- One (1) dispute was reported to the GPSSBC on 6 June 2018.
(ii) Status on Resolution of the disputes
- None of the disputes have been resolved.
- The Department is awaiting notices of sit-down for the two (2) disputes referred for conciliation.
- The dispute at arbitration is continuing in that parties are leading evidence and cross-examination.
(2) (a)(i) The Department dismissed four (4) employees in the past five years.
(ii) The four (4) dismissal by the Department were as follows:
- One (1) employee was dismissed on 27 August 2014 after being charged and found guilty for the following:
-
- Negligently mismanaging the finances of the state
- False statements
- Gross dereliction of duty
- Prejudicing the administration of the Department
- Fruitless expenditure of R114 100
- Three (3) employees were dismissed on 23 May 2018, 1 June 2018 and 31 January 2019 respectively for absconding from the Public Service, in terms of Section 17(3)(a)(i) of the Public Service Act, 103 of 1994 .
- A termination by virtue of the said provision is regarded, not as a dismissal, but a termination “by operation of law” and hence not arbitrable under the Labour Relations Act.
(b)(i) No employees were paid severance packages;
(ii) Therefore a nil monetary value.
DHS Entities
Community Scheme Ombud Service
(1) (a)(ii) There is only one dispute being currently faced by the Community Scheme Ombud Service.
(b)(ii) The cause was subsequent to a precautionary suspension, pending an investigation.
(c)(ii) The nature of the labour dispute is: “Unfair suspension or disciplinary action”
(d)(i) The matter was reported to the CCMA on the 4th April 2019.
(d)(ii) The last set down for an arbitration was on the 25th June 2019. The matter was postponed to a date to be confirmed.
(2) (a) (i) Only one employee was dismissed in the past five years
(a) (ii) The employee was dismissed for poor performance.
(b) (i) No employees were paid severance packages.
(b) (ii) Therefore a nil monetary value.
Estate Agency Affairs Board
The table below summaries the response to question 1(a) (b) (c) (d):
NO (a) |
NATURE OF DISPUTE (c) |
DATE REPORTED (d) (i) |
STATUS OF THE MATTER (b) |
OUTCOME (d) (ii) |
1 |
Section 186(2) (a) - Unfair conduct - promotion/ demotion/ probation/ training/ benefits. |
17 August 2018 |
The matter was scheduled for 4 September 2018 for In Limine/ Conciliation. The matter was not resolved and was scheduled for Con/Arb on 01 October 2018. Subsequently on 05 October 2018 a Jurisdictional Ruling was made for the matter to be heard by the Labour Court. The matter was scheduled for 04 June 2019 with the Labour court, however on 27 May 2019 the EAAB received communication that the Labour Court removed the matter from the unopposed roll and the matter would not proceed as scheduled as it had been cancelled. This means NEHAWU may apply for a new court date, however no correspondence has been received in this regard thus far. |
Pending |
2 |
Section 186(2) (a) - Unfair conduct - promotion/ demotion/ probation/ training/ benefits. |
20 December 2018 |
The matter was scheduled for In Limine on 09 January 2019. The matter resumed on 28 January 2019 where it the employee applied for condonation which was denied and the matter dismissed. |
Resolved |
3 |
Section 198B - Alleged unfair termination of contract. |
30 November 2018 |
The matter was unresolved at conciliation and was referred for Arbitration on 28 February 2019 the applicants declared their intention to subpoena witnesses in support of their case. The commissioner postponed the matter to a later date in order to allow the witnesses to subpoenaed. The matter was rescheduled for Arbitration on 21 June 2019, however it was postponed due to unforeseen circumstances. |
Pending |
4 |
Section 191(5) (a) (iii) - Reason for dismissal not known. |
22 March 2019 |
The matter was scheduled for Arbitration on 24 April 2019 however the HR Department received a postponement notice on 17 April 2019. Details of the new date have not been communicated. |
Pending |
5 |
Section 198B - Alleged unfair termination of contract. |
03 April 2019 |
The matter was referred for conciliation on 03 April 2019 remained unresolved. The matter was scheduled for Arbitration on 21 June 2019 where both parties presented. The Commissioner is yet to make a ruling on the matter. |
Pending |
6 |
Section 191(5)(a)(iii) - Reason for dismissal not known |
04 June 2019 |
The employee lodged the dispute at the CCMA on 04 June 2019. The matter sat for Con/Arb on 24 June 2019 where the Commissioner recommended a Section 198B application to be aligned to the applicant’s dispute. |
Pending |
(2) (a)(i) 1 (One) – Audit Compliance Officer was dismissed on 13 June 2016.
(ii) Reasons for dismissal - Gross dishonesty and unauthorised use of company property
(b)(i) No employees paid severance packages
(ii) Therefore a nil monetary value.
Housing Development Agency
(1) (a)(ii) Number of labour disputes are currently faced by the HDA are as follow:
- Fixed Term Temp employment contract ended (x3)
- Claim of Constructive Dismissal (x3)
- Unfair Dismissal (x1)
- Allegations of Misconduct (Disciplinary enquiry pending) (x3)
- Suspensions (x5) – matters are in progress
- Internal Grievance (x5) – internal matters will be managed as guided by the organisations’ policies and procedures
(b) (i) The Causes of the three (3) disputes are categorised as follows:
- Fixed Term Employment Contracts:
- Both employees were dissatisfied that their Fixed Term Temp Contract of employment was not renewed, and the dispute was referred to the CCMA by the employee on grounds of unfair labour practice in April 2019. The matter is still in progress with the CCMA. This matter is unresolved.
- Claim of Constructive Dismissal matter:
- This is after the employees were placed through the internal Disciplinary process where they were facing gross allegations of misconducts and resigned during the course of the proceedings and later approached CCMA claimed constructive dismissal in June 2019. CCMA dismissed the case and closed the matter.
- Unfair Dismissal matter:
- The employee was seconded to HDA for a specified period with a proviso to return to his primary employer at the end of the secondment period. It appears that the primary employer had backfilled the role permanently while the said employee was on secondment.
(c)(i) The employee has referred the matter to the CCMA as unfair dismissal which is still to be heard in July 2019.
(2) (a) (i) Five (x5) employees dismissed
(a) (ii) The five (5) dismissal by the Entity were as follows:
- Three (x3) on Gross misconduct
- One (x1) Insubordination and Incompatibility
- One (x1) Gross Negligence and Misconduct
(b)(i) No employees were paid severance packages
(ii) Therefore a nil monetary value.
National Home Builders Registration Council
The table below summaries the response to question (1) (a) (b) (c) (d)
CAUSE OF DISPUTE (b)(i) |
NATURE OF DISPUTE (c) |
DISPUTE LODGED DATE (d)(i) |
DISPUTE RESOLVED DATE (d) (ii) |
Alleged unfair suspension |
Unfair labour practice |
25-Apr-18 |
Pending |
Breach of fiduciary duties |
Section 188A CCMA Enquiry |
25-Jun-18 |
31-Jul-18 |
Alleged unfair suspension |
Unfair labour practice |
25-Apr-18 |
Pending |
Alleged corruption |
Unfair dismissal |
10-Jul-18 |
27-Jul-18 |
Failure e to work |
Disciplinary hearing - |
13-Jul-18 |
27-Aug-18 |
according to |
Misconduct |
||
operating procedures |
|||
& carry out |
|||
reasonable and |
|||
lawful instruction |
|||
Gross dishonesty |
Disciplinary hearing – |
15-Aug-18 |
14-Nov-18 |
Gross negligence |
Disciplinary hearing - Misconduct |
16-Aug-18 |
14-Nov-18 |
Failure to adhere to company policies |
Disciplinary hearing - Misconduct |
17-Jul-18 |
17-0ct-18 |
Failure to respond to emails without valid reasons |
Disciplinary hearing - Misconduct |
06-Jul-18 |
06-Jul-18 |
Behaving unprofessionally |
Disciplinary hearing - Misconduct |
06-Jul-18 |
06-Jul-18 |
Failure to discharge duties and obligations with due diligence and in the best interest of the organization |
Disciplinary hearing - Misconduct |
04-Jul-18 |
31-Oct- 18 |
Failure to carry lawful and reasonable instruction |
Disciplinary hearing – Misconduct |
21-Jun-18 |
21-Jun-18 |
Failure to obey reasonable and lawful instruction |
Disciplinary hearing – Misconduct |
16-Apr-18 |
16-Apr-18 |
Negligence and carelessness of duties |
Disciplinary hearing – Misconduct |
25-0ct-18 |
25-0ct-18 |
Failure to conduct a pre-inspection to confirm status of construction |
Disciplinary hearing – Misconduct |
10-Sep-18 |
28-Jan-19 |
Not attending to work at the mobile office in Umtata |
Disciplinary hearing – Misconduct |
07-Dec-18 |
07-Dec-18 |
Equal pay for work of equal value-discrimination |
Unfair labour practice |
18-Dec-18 |
09-Jan-19 |
Dishonest behavior in capturing a stand number |
Disciplinary hearing – Misconduct |
14-Jan-19 |
14-Jan-19 |
Submission of incorrect information in that construction has commenced on site |
Disciplinary hearing – Misconduct |
11-Feb-19 |
12-Feb-19 |
Misrepresentation and failing to act in the best interest of the organisation |
Disciplinary hearing – Misconduct |
26-Apr-18 |
26-Apr-18 |
Unfair discrimination in recruitment process |
Unfair discrimination |
09-Sep-14 |
06-Feb-19 |
(2) (b)(i) No employees were paid severance packages
(ii) Therefore a nil monetary value.
National Housing Finance Corporation
(1) (a) (ii) There are no disputes that the NHFC currently is facing
(b) (i) Not applicable
(c) (i) Not applicable
(d) (i) Not applicable
(d) (ii) Not applicable
(2) (a)(i) 2 (two) employees were terminated by the NHFC on issues of ill-health and poor performance , furthermore in and around 2014, the NHFC experienced a high cost to income ratio that would render it financially unsustainable if not addressed, the majority of the costs emanated from labour costs. The NHFC Board embarked on a company-wide restructuring that included recommendations on reducing the high labour cost. As a result, Management began consultation processes with the representatives of the union in terms of section 189 of the Labour Relations Act. The outcome of these consultative processes resulted in Twenty Eight (28) employees accepting voluntary severance packages.
(b)(i) Twenty Eight (28) employees were paid Severance Pay, the other two (2) employees were not paid severance packages only the normal notice pay;
(ii) The total cost of the severance packages were R 22 264 381.80.
Social Housing Regulatory Authority
(1) (a)(ii) There is one dispute currently faced by the Social Housing Regulatory Authority.
(b)(i) Allegations of an unfair precautionary suspension.
(c)(i) The nature of the dispute is unfair labour practice.
(d)(i) The case was reported to the Council for Conciliation, Mediation and Arbitration on the 13 November 2018 and second case was reported to the CCMA on the 23rd June 2019 as well as the Labour Court on the 24th June 2019.
(d)(ii) On the first case, a postponement was granted by the Commissioner on the 24th June 2019 due to a change in legal representation, thus case is still pending the arbitration award. With regard to the second case, the CCMA case has not been heard yet but the labour Court has heard the matter on the 28 June 2019 and reserved the judgment to the 3rd of July 2019.
(2) (a)(i) Two (2) employees were dismissed by the department in 2018.
(a)(ii) Both employees were dismissed for absconding from the Public Service, in terms of Public Service Act Section 17(3) (a) (i). A termination by virtue of the said provision is regarded, not as a dismissal, but a termination “by operation of law” and hence not arbitrable under the Labour Relations Act.
(b)(i) No employees were paid severance packages
(b)(ii) Therefore a nil monetary value.
B. WATER AND SANITATION:
(1) The information relating to labour diputes provided by entities in the water and sanitation portfolio is attcahed as Annexure A.
The information availed by the Deparrment of Water and Sanitation is provided in the table below:
(a)(i) Number of labour disputes are currently faced by the Department |
A total of 229 labour disputes. |
(b)(i) Cause of dispute |
|
(ii) Nature of each dispute |
|
(c)(i) On what date was each dispute reported |
Date reported: Unfair Dismissal
Date reported: Unfair Labour Practice: Promotions and benefits
Date reported: Interpretation of collective agreement
Date reported: Discrimination for equal pay for equal work at equal value
|
(c)(ii) On what date was each dispute resolved |
Date resolved: Unfair Dismissal
Date Resolved: Unfair Labour Practice: Promotions and benefits
Date Resolved: Interpretation of collective agreement
|
(2) Information relating dismissal in the Department is provided in the table below:
(a)(i) The number of employees have been dismissed by her department in the past five years |
A total of 30 dismissal. |
(ii) For what reason was each employee dismissed |
|
(2)(a)(i) What number of the specified employees were paid severance packages |
No severance packages was paid |
(ii) was the monetary value of each severance package |
No severance packages was paid |
16 July 2019 - NW103
Hlengwa, Mr M to ask the Minister of International Relations and Cooperation
(a) At what stage is the process of the rationalisation of South African foreign mission with a view to reducing the number of such missions to save costs and (b) what is the projected saving to the State in the Medium – Term Expenditure Framework when the number of foreign missions are reduced? NW1060E
Reply:
a) Consultations on the rationalisation of South African foreign missions are ongoing.
b) Savings can only be determined once the process has been finalised.
16 July 2019 - NW86
Sonti, Ms NP to ask the Minister of Human Settlements, Water and Sanitation
With reference to the reply to question 53 on 11 March 2019, what is the total number of persons living in each informal settlement in each province?
Reply:
The number of persons living in each informal settlement in each province are given in the attached Annexure A. The status of the information is as at November 2017, based on information provided by Provinces and some Metropolitan municipalities, as well as information gathered by the Department during the informal settlement assessments, categorisation and development of the upgrading plans.
16 July 2019 - NW100
Groenewald, Dr PJ to ask the Minister of Police
(1) Whether any station commander from Voeloorus, East Rand, was found guilty at the Boksburg Magistrates' Court in the past 10 years and sentenced to 12 year' imprisonment o/ a fine of R12 000 and is back at work with the SA Police S MCO (SAP, (2) Whether there are any members of the SAPS who were (a) sentenced to jail, but instead choose to receive their salaries while in jail and (b) reinstated in the SAPS after serving their sentence In the past 10 years; or so, (I) what Is the total number of such employees in each caao, (ii) on which salary level/rank is each of the specified SAPS members employed and (III) at which police stations
Reply:
(1) The Station Commander of SAPS Vosloorus was found guilty and sentenced to twelve (12) months Imprisonment or R10 000 fine and 19 currently back at work. The disciplinary matter was finalised on 24 November 2017, by means of the expedition process and the officer was given a final written warning.
(2)
The Information provided Is for 2017/2018 and 2019-2020 financial years, from 1 April 2017 to September 2018.
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 28 JUNE 2019 lNTERNAL QUESTION PAPER NO 2-2010)
Reply to question 100 recommended
VI NAL C NTSHIEA
LIEUTENANT GENERAL
Divisional Commissioner
Reply to question 100 recommended/ not recommended
LIEUTENANT GENERAL DEPUTY NATIONAL COMMISSIONER: ASSET AND LEGAL MANAGEMENT FN VUMA
Date:
Reply to questlon 100 recommended
S9I LE (SOEG)
GENERAL SOUTH AFRICAN POLICE SERVICE
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 28 JUNE 2019 (INTERNAL QUESTION PAPER NO 2-2010)
Reply to question 100 approved/ not approved
16 July 2019 - NW120
Bergman, Mr D to ask the Minister of International Relations and Cooperation
(1) Whether any action will be taken against the South African Ambassador to the Kingdom of Denmark, Ms Z N Mandela, for tweeting messages contrary to the Government’s views on the weekend of 14 June 2019; if not, why not; if so, what are the relevant details; (2) Whether she will take any steps to ensure that the (a) specified person’s messages are retracted and (b) correct messages relating to the Government’s policies are conveyed to the residents and potential investors of the Kingdom of Denmark; if not, in each case, why not; if so, what are the relevant details? NW1080E
Reply:
1. No further action is planned beyond the public statements I previously made concerning this matter . I informed the Ambassador to articulate policies of South Africa and that she needs to adhere to the Social Media Guidelines of the Department.
2. (a) I and the Department have reiterated Government Policy on the land issue.
(b) Government Policy on the land issue has not changed, and is readily accessible to residents and investors in Denmark, and all other interested parties.
15 July 2019 - NW96
Singh, Mr N to ask the Minister of Trade and Industry
What are the full relevant details of the steps he is taking, together with the Minister of Agriculture, Land Reform and Rural Development, to ensure that the commercial cultivation of hemp in the Republic is legalised? NW948
Reply:
The response provided by my predecessor in August 2018, to a question by the Honourable Member, is still relevant.
I will request that updates be obtained from a task team led by the Department of Agriculture, Land Reform and Rural Development (“DALRRD”) looking at regulation for hemp and that further work be done to explore the commercial cultivation of hemp.
12 July 2019 - NW159
Hlengwa, Mr M to ask the Minister of International Relations and Cooperation
(a) What is the total number of vacancies in her department and (b) by what date will the specified vacancies be filled.NW 1117E
Reply:
(a) Total number of vacancies: 200
(b) We have
Placed a halt on the filling of current vacancies due to inadequate resources.
12 July 2019 - NW13
van der Merwe, Ms LL to ask the Minister of Justice and Correctional Services
What is the current total number of (a) foreign nationals and (b) undocumented migrants in South African prisons?
Reply:
a) There is a current total of 13 437 foreign nationals incarcerated in South African Correctional Centres.
b) Currently there is a total of 2 052 undocumented migrants/illegal immigrants incarcerated in South African Correctional Centres.
Foreign nationals, whether documented or undocumented, upon receiving custodial sentence are expected to serve their sentences in correctional centres within the Republic of South Africa (RSA) due to the fact that there is currently no Inter-State Transfer Agreement with other Countries. They are considered for placement after serving the prescribed minimum detention or non-parole period and if placement is approved, undocumented foreign nationals are deported back to their country of origin after Department of Home Affairs (DHA) has finalised deportation process. The documented foreign nationals are allowed to serve parole within the Republic of South Africa if their permits are not revoked by DHA.
11 July 2019 - NW125
Mileham, Mr K to ask the Minister of Environment, Forestry and Fisheries
(1) Whether any action is being taken to enforce compliance with the court order relating to the rehabilitation, maintenance and security of the Makhanda landfill site; if not, why not; if so, what are the relevant details; and (2) Whether her Department conducts regular inspections of the landfill site to ensure compliance with relevant legislation; if not, why not; if so, what are the relevant details?
Reply:
- No action has been taken to enforce compliance with the court order by the National Department of Environment, Forestry and Fisheries (previously the Department of Environmental Affairs) as it has not been involved in the legal proceedings which resulted in the court order competing, among others, the Municipality to undertake rehabilitation, maintenance and installation of security measures at the Makana landfill site.
-
The Makana landfill site is a general landfill site and, accordingly, the regulatory duties, including taking compliance and enforcement action when non-compliances are detected, falls within the mandate of the Eastern Cape Department of Economic Development, Environmental Affairs and Tourism.
This Department has contacted the Eastern Cape Department of Economic Developement, Environmental Affairs and Tourism who confirmed that they are actively engaging with the Makana Municipality, and that they undertook a compliance visit to the landfill site as recently as June 2019.
Regards
MS B D CREECY, MP
MINISTER OF ENVIRONMENT, FORESTRY AND FISHERIES