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a) In terms of the Traditional and Khoi-San Leadership Act, 2019 (Act No. 3 of 2019), all matters pertaining to traditional leadership below kingship/queenship, including the recognition of traditional communities and leaders fall within the mandate of the Premier concerned. Therefore, this matter resides within the mandate of the North West Provincial Government. The Department thus requested information from the North West Provincial Department of COGTA, and the province indicated that:

Barolong boo Modiboa lodged a claim for recognition of the community as a traditional community (senior traditional leadership) with the Commission on Traditional Leadership Disputes and Claims. The Commission investigated the claim and found that Barolong boo Modiboa does not have a history of existence as an independent traditional community and on those grounds the Commission made recommendations to the Premier of the North West Provincial Government to reject the claim. The North-West Premier acceded to the recommendations of the Commission and declined the claim by Barolong boo Modiboa on 08 February 2016.

Since the North West Provincial Government has acceded to the recommendation of the Commission, it cannot change its own decision, only a court of law can review such a decision. The Province considers the matter finalised because they have shared the outcome of the Commission and the decision of the Premier on the Barolong boo Modiboa claim for recognition as a traditional community with the family several times, and the family was informed that only a court of law can reverse the Premier’s decision.

b) In view of the above, no date can be provided as the matter has been duly concluded by the Province.

c) No time frames can be provided as the matter has been duly concluded by the Province.

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a) Yes, in addition to the plans and/or measures indicated in the specified reply by the former Minister of Cooperative Governance and Traditional Affairs, Ms T Nkadimeng, I am advised that the Department has put in place the following measures to ensure that traditional councils are reconstituted timeously and (ii) comply with reconstituted requirements of section 16(2) of the Act and (b) implement the intervention plan as contemplated in section 63(4)(c) of the Act.

(i) Following the publication of the revised formula for determining the number of members of traditional councils in a government gazette on 22 February 2024, provinces developed and submitted project plans for the constitution of their traditional councils to the Department to enable the tracking of progress on the constitution of TCs.

Following advice from the Chief State Law Advisor, provinces have until 4 February 2025 to conclude the constitution process.

(II) After receiving the project plans, the Department continues to track progress from provinces on the implementation of their project plans through Technical MINMEC and Members of the Executive Council (MINMEC) meetings. In this regard, I am advised that provinces submit reports and gazettes of constituted traditional councils to the Department for tracking purposes and for monitoring compliance with the Act.

b) The measures put in place to implement the intervention plan contemplated in section 63(4)(c) include the following:

Revision of the 2022 formula to address traditional leaders concerns on the formula to give way to the commencement of the constitution process by provinces. In this regard, the Minister published the new formula in February 2024 after consultation with traditional leaders, CONTRALESA, ROLESA, Premiers and COGTA MINMEC.

Furthermore, since the constitution of traditional councils resides within the mandate of Premiers, to implement the intervention plan the Department continues to monitor provinces on the process and consolidate and present reports thereof to the COGTA Technical MINMEC and Members of the Executive Council (MINMEC) for intervention where necessary.

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1 (a) The Department prepared the Traditional and Khoi-San Leadership Bill, 2024 (TKLB). The TKLB was submitted to the Office of the Chief State Law Advisor, and a provisional certification opinion was received on 22 December 2023, indicating that the provisions of the draft Bill were consistent with the Constitution. A comprehensive Socio-Economic Impact Assessment (SEIAS) on the Bill was prepared by the Department, and on 22 February 2024, the Presidency provided the necessary SEIAS certification and permission to proceed with the submission of the TKLB to Cabinet.

In addition, the Bill was presented to and supported by the Governance, State Capacity and Institutional Development (GSCID) Technical Working Group on 08 February 2024. In February 2024, the Deputy President, as Leader of Government Business, requested that no additional legislative proposals be submitted to the previous Administration for Cabinet approval and that such should only be forwarded to the seventh administration. My predecessor had already planned to take the Bill to Cabinet before the communique of the Leader of Government Business. I am ready to send the Traditional and Khoi-San Leadership Bill 2024 to Cabinet for approval to table the Bill in Parliament.

b) The TKLA remains valid until 29 May 2025 and may, therefore, continue to be implemented and is currently being implemented by the national and provincial governments.

The main impact has been on the Department’s plan to develop regulations for the Act, and therefore the work on the regulations which started before the Constitutional court judgement has now been put on hold.

2. Yes. On 28 September 2023, the implications of the Constitutional Court judgement and an update on the case was presented to the COGTA Members of the Executive Council (MINMEC), of which the Chairperson and Deputy Chairperson of the National House of Traditional and Khoi-San Leaders are members. The MECs of Provincial Departments under which traditional leadership matters fall are also members of the COGTA MINMEC.

In addition, on 17 August 2023, the Director-General communicated the implications of the Court judgement to the relevant Provincial Heads of Departments.

 

Reply:

1. As indicated in the reply to parliamentary question 132, the revised formula for determining the number of members of traditional councils was only published in a government gazette on 22 February 2024, and as a result, all provinces could not conclude the process of constituting all their TCs within their respective provinces, hence no traditional council was constituted by 31 March 2024, and thus they have all not met the deadline.

2. As noted above, the revised formula for determining the number of members of traditional councils was only published on 22 February 2024. Thus, provinces had no ample time to conclude the process of constitution of traditional councils by the stipulated timeframes.

The Honourable member should, however, note that as a proactive measure, seeing that the deadline of 31 March 2024 may not be met, the Department obtained a legal opinion on the matter. The opinion advised and clarified that the cut-off date for the legal constitution of traditional councils should be 4 February 2025.

3. The Department will be able to determine the status of traditional councils through its current quarterly monitoring process of the constitution of traditional councils.

(4) No, because in terms of the TKLA, the responsibility to legally reconstitute traditional councils lies with the Premier, and the TKLA does not enable the Minister to take action against a traditional council that was not legally recognised, but the Minister may intervene and ensure that such a traditional council is legally constituted. The issue of consequence management also does not arise at this stage since traditional councils have until 4 February 2025 to be legally constituted.

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1. All the companies that were contracted by the National Department of Health from 1 January 2016 were contracted in terms of the requisite prescripts which are inclusive of PFMA instructions, various Treasury Regulations and instruction notes. In instances where an award was made to a state institution such as the CSIR, the SABC or the SAQA, these awards were based on:

(a) the institutions being recognised as state institutions;

(b) the department having entered into prior memorandums of agreement with institutions; and

(c) the institutions comprising the requisite skills as per the scope of the award.

2. Some of the contracts were awarded for short-term purposes and have expired. Others were awarded on a long-term basis and are being reviewed on an ongoing basis.

END.

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1. Contracts that were awarded varied in amounts based on the scope of work that was awarded.

2. All contracts were awarded in terms of the requisite prescripts which are inclusive of PFMA instructions, various Treasury Regulations and instruction notes. On this basis no irregularities or corruption has been suspected. In this regard, no further action has been taken.

END.

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(a) GEPF benefits upon member's death six years post-retirement

According to the rules governing the GEPF, the fund is obligated to provide a pension for the lifetime of a member, with a guaranteed minimum payment period of five years. When a member passes away in the sixth year after retirement, several benefits come into effect.

If the deceased member leaves behind a surviving spouse, the spouse will continue to receive a pension, albeit at a reduced rate (either 50% or 75%), for the rest of their life. This ensures that the spouse is financially supported even after the member's passing. Additionally, if the deceased has children who are still under the age of 22, they are entitled to receive a child pension. In the case of a disabled child, this child pension is payable for life, offering long-term financial assistance.

Upon the death of a pensioner, the GEPF also provides a funeral benefit of R20,000 to help cover the costs associated with the funeral. If the member has a surviving spouse, an additional funeral benefit of R20,000 will be payable upon the spouse's death. This funeral benefit is also extended to child pensioners if they pass away before reaching the maximum eligibility age.

However, if there is no surviving spouse and no eligible children, no further benefits are payable from the fund after the payment of the funeral benefit for the member.

(b) GEPF’s Intervention for employees not qualifying for State-subsidised houses or bank-approved home loans

The core function of the GEPF is to provide retirement related benefits to its members. This mandate is governed by the Government Employees Pension Law, 1996, which currently does not provide for pension-backed guarantees for bank-approved home loans. Furthermore, state subsidies for housing are part of a public servant's conditions of service and are not regulated through the GEPF.

While the GEPF's primary responsibility is to ensure the payment of these fundamental benefits, the fund also explores the possibility of offering value-added benefits to its members. However, such benefits are only considered when they are affordable and do not place the fund under financial strain. This careful approach ensures that any additional offerings are sustainable and do not compromise the financial stability of the fund.

To cushion itself, the GEPF does not provide any benefit offerings that are not supported by contributions or the fund's assets. Investments are made strategically to ensure that the liabilities arising from pension benefit obligations are met. This helps maintain the fund’s long-term viability and its ability to fulfil its core mandate.

By adhering to these principles, the GEPF ensures that it remains financially robust, capable of meeting its obligations, and able to explore additional benefits without jeopardising its financial health.

Reply:

I was advised by the Department and ICASA as follows:

1. The Department has various initiatives as part of its ongoing commitment to enhancing connectivity and bridging the digital divide in rural and underserved areas.

The Independent Communications Authority of South Africa (“the Authority”) conducts Quality of Service (QoS) measurements in all provinces on an annual basis which are based on voice and data services. Where there is poor or no network coverage, the Authority engages the Mobile Network Operators (MNOs) to provide remedial action and future plans. The Authority monitors the progress of these remedial actions.

Through the 2021 spectrum auction, and in support of the SA Connect Policy, the Authority awarded spectrum to successful MNOs to increase their network coverage and quality of services for mobile operators. The bigger MNOs awarded the spectrum are obligated to increase their network coverage, in particular, starting in under-served areas within the country before proceeding to major cities and towns of South Africa. This obligation must be achieved by 31 July 2028.

In addition to coverage obligation, the operators are also obligated to connect a significant number of public service institutions, as follows:

Mpendle Local Municipality
Schools	Health Facilities	Libraries	Traditional Offices
39	3	2	5

Umgungundlovu District
Schools	Health Facilities	Libraries	Traditional Offices
383	72	30	29

In addition to the above initiative, Broadband Infraco and Sentech are extending network coverage as part of the South Africa Connect Phase 2 programme. The implementation of 713 Wi-Fi Hotspots in the uMgungundlovu District Municipality is underway, enabling connectivity to 109,181 households. The actual numbers and impact in the Impendle Local Municipality will be confirmed once consultations and designs have been concluded. This will include the number of kilometres of fibre to be built and the number of Points of Presence (PoPs) to be constructed.

2. As per the 2015 National Cybersecurity Policy Framework (NCPF), the DCDT established and subsequently operationalised a national Computer Security Incident Response Team (CSIRT) in 2016, namely the Cybersecurity Hub. The Cybersecurity Hub serves as a central point for coordinating and managing cybersecurity efforts for the private sector and citizens.

Through its mandate, the Cybersecurity Hub delivers various operational services, including, inter alia, incident coordination, cybersecurity assessments and advisory services, awareness building, threat exchange information with private sector industry bodies, incident response plans and other technical initiatives.

With respect to awareness, the Hub has led the development of a Cybersecurity Schools Toolkit for teachers, parents and learners in collaboration with the Department of Basic Education (DBE). The Hub has also led the development of a Cybersecurity Toolkit for Small, Medium and Micro-Enterprises (SMMEs) in collaboration with the Information Regulator (IR), which is freely available in digital format.

The Department further has a programme that focuses on child online protection and provides information to children, especially girls, on how to stay safe online and what to study at school to follow careers in the cybersecurity field.

3. The Authority currently has no plans to introduce a subscription satellite television service. In 2015 the Authority granted and issued two (2) additional subscription service licences to Siyaya TV and Close TV. The licences are valid for 15 years from the date of issue. However, none of the licences have been able to take off due to, amongst other things, a lack of startup capital/funding.

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The Department of Justice and Constitutional Development, in line with its commitment to the Batho Pele principles of “People First”, considers the efficient and professional delivery of justice services as fundamentally important. Members of the public must receive quality, accessible and transparent services at all times.

The Department did ascertain, from both officials internally and from external stakeholders, that no such prolonged lunch breaks, as mentioned by the Honourable Member of Parliament, were taking place.

The Department’s lunch break for officials is 45 minutes in accordance with the provisions of the Basic Conditions of Employment Act, 1997 (Act 75 of 1997). Officials are expected to be back at their stations immediately after lunch. This practice is regulated and governed by the relevant prescripts and other public service regulations.

The Honourable Member can be assured that the matter will be closely monitored going forward and that unannounced “spot check” visits will be done to ensure that the regulations are adhered to at all times.

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(1) According to South African Airway’s (SAA) Memorandum of Incorporation, the SAA Board is responsible for the recruitment and selection of SAA executives, particularly the Chief Executive Officer and Chief Financial Officer, not the Executive Authority. This recruitment process remains valid even though the SAA Board was appointed on an interim basis. The Companies Act 71 of 2008 does not distinguish between interim and permanent directors. Section 1 of the Companies Act defines a ‘director’ as a member of the board of a company, as contemplated in section 66, or an alternate director of a company, and includes any person, regardless of their title.

(2) The term of office for the current Board expires on 31 December 2024. The process of appointing a permanent Board will be completed before the expiration of the current Board’s term.

(3) Stabilizing the boards of State-Owned Companies (SOCs) within the department's portfolio is one of the top priorities for the 7th Administration. The appointment of new permanent boards, including that of SAA, will ensure leadership stability and effective governance.

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As the new Minister of Sport, Arts and Culture, I want to be clear that I would like to change the approach, because if we just keep doing the same things we’ve done before, then we are just going to get more of what we’ve been getting to date.

There has been an overemphasis over the years of focusing on what I might call “equality of outcome” when it comes to transformation in sport, meaning that our society tends to look at the demographic profile of people who succeed at the upper and professional levels of sport, but by then it is already too late. What matters more is “equality of access”, which speaks to young people being able to participate and train in various sports from an early age on. Many professional tennis players, for example, started at the age of five. The game becomes second nature to such players.

We see people from underprivileged communities succeeding in sports that don’t require a large investment in resources. To learn to play soccer, you just need an open patch of ground and a ball. To become a cricket bowler, you just need a ball. However, to be a batter, you need pads, a bat, a helmet, gloves, groin protector, and more. This is why we see our system producing many black bowlers of talent, but few batters.

Equality of access if therefore the critical challenge.

Already I have started the discussion with the department around building sporting facilities that can be located within accessible distance of clusters of schools, in such a way that we begin to turn around a statistic that shocked me when I first took on this role, and that is that only one in 10 school children are participating in sport.

Some of the historical background I can offer is that the Department held the National Sport and Recreation Indaba of 2011, where the sports sector adopted the National Sport and Recreation Plan as well as the Transformation Charter for South African Sport.

To implement the Charter, the Department, SASCOC and nineteen targeted National Federations signed Agreements wherein the National Federations committed to meeting self-set transformation targets. Through an Independent Transformation Committee referred to as the Eminent Persons Group (EPG) the Department has been monitoring and evaluating progress made by these nineteen National Federations in terms of their self-set transformation targets. The assessments have been based on a multi-dimensional scorecard and the following are the key dimensions of transformation being assessed:

1) Access

2) Skills and Capacity Development

3) Demographics

4) Performance

5) Contribution to government priorities

6) Good Governance

The EPG Reports have highlighted common areas that require attention to fast-track transformation in sport. These areas cover:

1. Revival of Physical Education and the School Sport System

The Department has attempted the implementation of a School Sport Programme in partnership with the Department of Basic Education through a Memorandum of Understanding (MoU). However, this MoU expired last year, in May 2023, and underwent a review, which culminated in the hosting of a national School Sport Indaba. It was clear at the Indaba that there has been little to no progress in establishing sustainable school sport leagues in less privileged communities, which constitutes the vast majority of where our children are affected. A new MoU is currently being discussed between the two departments that will see intensive focus on the establishment of school sport leagues and setting of structures to manage those leagues.

Currently the School Sport Programme offers competitive playing opportunities for learners at Under-15 Rugby and Cricket for the Under-17 from district, provincial and national level. These competitions are there to ensure that learners, both male and female, from Quintile 1-3 schools, are given an opportunity to showcase their talents and ensure that the Federations can have a talent pool from which to identify and nurture their skills. The Department meets with the structures to monitor the talent development programme and encourage further identification of learners from the School Sport Programme to be considered. So far, through the SA Rugby Union, a school rugby programme has been developed that aligns the School Sport programme with the Development Programme of Rugby, to ensure there is progress from this programme to Grant Kgomo Rugby Development up to Craven Week, including franchise rugby. This system assists to see how government initiatives are being aligned to Federation development programmes and the intake thereof.

Similarly, with Cricket, there is a consideration through the league programme to ensure we increase the number of Cricket Hubs. Where hubs exist, the number of clubs and schools affiliated there are increased. Through the KFC mini-cricket programme, which is led by Cricket SA, we intend to expand the quality of opportunities and ensure that schools and clubs from rural areas are actively involved in the mainstream of cricket.

On the other hand, the Indaba also resolved that the DBE must ensure that Physical Education is revived in schools.

2. Revival of the Club System

The Department is currently reviewing the Club Development Programme, post the pilot study which was undertaken in 2016 and piloted in two provinces. This programme mainly focused on two sporting codes, Football and Netball, in both rural and urban areas. The result of this programme indicates a serious need of building capacity and addressing the infrastructure needs of clubs. The discussions, between Rugby and Cricket, have centred on creating a conducive space for township and rural clubs to be brought into the mainstream of their clubs. The Club Development Programme is meant to be a bridge between informal to formal and mainstream sport. It is meant to address the impediments and obstacles that limit the participation of rural and township clubs from affiliating into mainstream sport. This initiative will help the established and existing clubs to participate in the same competition that provides all rugby structures an equal participating opportunity.

3. Provision of Sport Infrastructure (Facilities)

The department uses a portion of 5% earmarked for sport infrastructure in the Municipal Infrastructure Grant (MIG) and allocates this funding to municipalities, through the Department of Cooperative Governance (DCOG), for the development of sport facilities that are required to broaden participation opportunities and ensure transformation.

The adoption of the Charter meant that the sector moved from a quota-based system to a target-based system. The EPG Report, which details the findings, recommendations and whether the National Federation has passed or failed, guides the Department on corrective measures to be undertaken.

Failure of a National Federation to achieve at least 50% of self-set targets could lead to the imposition of one or more of the following penalties: -

1. Revoking authority to bid for staging or participating in international tournaments.

2. Suspension or withdrawal of funding or support from government.

3. Withdrawal of rights to award national colours.

4. Withdrawal of recognition as national federation in terms of National Sports Act.

I am still making a determination on whether I believe the above approach will be sustained, going forward, given my opening comments on focusing on equality of access over equality of outcome.

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(a). The Department has not set aside a specific budget to celebrate (i) Amahlubi and (ii) amaBhaca nations.

(b). The department does not put measures in place to recognise specific groups but strives to recognise and celebrate the diverse heritage of all groups during national heritage celebrations in September and through all the department’s programmes and those of its entities throughout the year.

Reply:

The department would like to furnish the honorable Mr. L G Mokoena with the list as requested. Kindly see below the table with the list of recipients and the amounts spent:

MGE WORKSTREAMS	2017/18	2018/19	2019/20	2020/21	2021/22	2022/23	2023/24
	R'000	R'000	R'000	R'000	R'000	R'000	R'000
Art Bank	-	3 000	3 000	3 000	3 000	6 000	6 000
Artist in School	12 386	15 514	13 530	7 200	19 507	20 793	20 302
Community Arts Centres	8 959	7 525	7 403	4 869	22 140	17 400	29 166
Cultural Events	115 766	129 852	123 291	42 778	117 978	97 029	165 659
Debut Fund	-	-	-	3 000	4 000	2 000	4 500
Legacy projects		8 045	1 458	1 391	-	809	1 887
NaCiSa (Skils and Training)	17 854	20 203	30 430	27 948	20 768	38 119	24 731
Public Art	2 065	2 673	127	1 334	6 933	247	4 984
Wellness Intervention Programme	-	-	-	3 389	7 207	899	4 595
South African Cultural Observatory (SACO)	22 261	8 207	16 497	14 301	13 833	21 566	13 436
Touring Ventures	23 391	22 316	7 592	5 846	18 781	1 518	15 081
Venice Biennale	6 525	-	7 942	-	1 651	8 924	8 812
TOTAL	209 207	217 335	211 270	115 056	235 798	215 304	299 153
MGE Main Appropriation	288 728	306 122	323 264	322 449	322 960	307 265	298 202
MGE Final Allocation post AENE virements/shifts	300 528	300 156	310 464	140 110	280 298	266 829	329 834

Reply:

In November 2019, Cabinet decided that State-Owned Airline needed to be restructured, and a Strategic
Equity Partner (SEP) should be sought. Government did not have cash in hand. It needed R4.1 billion in bridging finance to support the working capital of SAA until the end of the 2019 financial year. It approached a number of the major financial institutions for assistance. However, these financial institutions were unwilling to extend further credit to SAA. Consequently, on 5 December 2019 SAA was placed under business rescue in line with the provisions of section 129 of the Companies Act 71 of 2008.

Government then undertook a process to seek an SEP for SAA. The Takatso transaction deal was the best option in reviving SAA because it would have given the airline the required capital injection for its expansion. Furthermore, the deal would guarantee SAA’s future’s sustainability as the government would not be expected to inject capital into SAA for operations. 

As the Takatso transaction was terminated by mutual consent, SAA would need to raise debt funding which requires interest to be paid whether the airline makes a profit or loss in any particular year.

Reply:

a)  The Phalakubeni village is situated in the Greater Giyani Municipality, under the Mopani District Municipality in Limpopo. Residents of the Phalakubeni village are currently supplied by four boreholes. Three of the four boreholes are currently operational. All the three boreholes pump water into the old reticulation network which provides water through communal standpipes. The Mopani District Municipality is currently attending to the non-functional borehole to restore functionality to continue supplying water to the residents of the village.

b) The Nandoni-Nsami pipeline project has been completed and is supplying raw water to the Giyani/Nsami Water Treatment Works. The bulk pipeline to Phalakubeni has already been laid to supply potable bulk water to the area. Practical completion of the bulk supply project is scheduled for the end of September 2024.

Phalakubeni will benefit from Phase 2 of the reticulation projects to be implemented by the Mopani DM to provide water to 31 of 55 Giyani villages. Phase 2 of the project is planned to commence in the 2025/26 financial year.

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(1)(a) The event cost R2 640 750.00. The main costs were for the marquee at the stadium, ablution facilities, chairs, stage and sound.

(1)(b)(i-ii) Fuel was R684 173.93 and toll gates fees were R63 987 to and from Mokopane.

(2)(a) No expenditure was incurred for wages as the officials are permanently employed by the department.

(2)(b-d) Subsistence and travel allowance costs, accommodation costs and meal allowance costs are in line with National Treasury Regulations.

(2)(e) There were no costs incurred as the stadium was offered free of charge by the municipality.

(2)(f) There were no costs incurred as the stadium was offered free of charge by the municipality.

(2)(g) The other costs incurred were for flights totalling R114 785.61 and shuttles for the mobile drivers totaling R49 615.00

END

Reply:

(a) The Mthatha Local Office is a State-owned building and a Heritage building that is not supporting the operational requirements of the Department. The office has public toilets and a waiting area inside the office that can accommodate forty clients (40) and an overflow space under the carport outside the office further accommodates an additional sixty (60) clients where Supervisors are visibly managing the queues.

(b) The Department is seeking alternative accommodation that will support the Department’s operational requirements and as such, a meeting has been scheduled for August to meet the management of Mthatha Mall with an intervention to relocate the office to the Mall.

END.

Reply:

1. The department is committed to the principles espoused in section 195 of the Constitution of the Republic of South Africa, which includes fostering a culture of transparency and accountability within public administration. The department implements several key measures towards achieving this objective-

a) The department upholds the provisions of the Protection of Personal Information Act, 2013 (POPIA) and the Promotion of Access to Information Act, 2000 (PAIA) by ensuring that any permissible information requested by the public in terms of PAIA is released promptly, promoting openness and transparency and that information is released in full compliance with the provisions of POPIA, maintaining the highest standards of data protection and confidentiality.

b) The Minister issued the Public Service Handbook in terms of section 42 of the Public Service Act, which is a compilation of directives and determinations issued by the Minister. The Handbook serves as a crucial resource for both public service employees and the public and is accessible on the department’s website, ensuring that our policies, procedures, and guidelines are transparent and easily available to all stakeholders.

c) The department ensures that it publishes key documents, reports, and updates about its activities.

d) The principles of transparency and good governance embody what the Public Administration Management Act of 2014 and the Public Service Act of 1994 seek to achieve.

e) The Minister publishes all Bills and regulations for public comment, ensuring that stakeholders can provide input before finalisation. Draft regulations are published on the website and the Government Gazette for public comment, ensuring that stakeholders have the opportunity to provide input before finalisation.

f) The department of Public Service and Administration (DPSA) is committed to fostering a culture of transparency and accountability within public administration. To achieve this, the DPSA implements several key initiatives.

g) The DPSA is dedicated to upholding the provisions of the Protection of Personal Information Act (POPIA) and the Promotion of Access to Information Act (PAIA).

h) The DPSA ensures that any information released is in full compliance with the provisions of POPIA, maintaining the highest standards of data protection and confidentiality. In line with PAIA, we ensure that any permissible information requested by the public is released promptly, promoting openness and transparency.

i) The Public Service Handbook, issued by the Minister in terms of section 42 of the Public Service Act, is a compilation of directives and determinations issued by the Minister. It serves as a crucial resource for both public service employees and the public. This handbook is accessible to the public on the DPSA website, ensuring that our policies, procedures, and guidelines are transparent and easily available to all stakeholders.

j) The DPSA website is functional and constantly updated to ensure that all instruments issued by the Minister are accessible to both the public service employees and the public. The website publishes key documents, reports, and updates about the DPSA’s activities.

(2) (a) The Department of Public Service and Administration (DPSA) put the following measures in place to combat corruption within the Public Service:

(i) Prohibition on Public Administration employees Conducting Business with the State:

The conducting of business with the State is prohibited for Public Service employees under the PSR and was made a criminal offence for all Public Administration employees (including political advisors) in terms of Section 8 of the Public Administration Management Act, 2014 (PAMA). A contravention of this section is an offence and any person found guilty of the offence is liable to a fine or imprisonment for a period not exceeding 5 years or both. Such a fine and/or imprisonment, constitutes serious misconduct which may result in the termination of employment by the employer following a disciplinary process.

The DPSA is monitoring Public Service employees who are conducting business with the State monthly through the National Treasury’s Central Supplier Database (CSD – a database with information on tenders). Once the DPSA detects presence of employees on the CSD, their departments are informed to take disciplinary steps and to open a criminal case with the South African Police Service. The DPSA follow up with the affected departments monthly to establish progress made.

(ii) Fast tracking of criminal cases against public servants:

Through the Fusion Centre, the DPSA is working closely with the South African Police Service, the Special Investigating Unit, the Financial Intelligence Centre, and the National Prosecuting Authority to assist with investigations and prosecutions of cases of employees who are criminally charged with conducting business with the State, in terms of PAMA. This ensures that cases are addressed without delay.

(iii) Compulsory Lifestyle Audits:

With the adoption of the Guide on implementing lifestyle audits in the Public Service, lifestyle audits for the Public Service became compulsory from 1 April 2021. When implementing the Guide, government component, national and provincial departments follow a three-step approach, starting with lifestyle reviews. When red flags (unexplained wealth, conflicts of interest, etc) are identified during this step, the department will move to the next step, which is lifestyle investigations. This step may lead to disciplinary action if an irregularity or wrongdoing was detected (and if action is required in terms of law and prescripts). When an investigation proves to be challenging, a department will move to the last step, namely a lifestyle audit (quantification/evaluation). This step involves the utilisation of specialist auditors and forensic accountants that will employ specialist tools to trace unexplained wealth (for example) and recover the loss.

Lifestyle reviews are to be completed at the end of each financial year for members of the Senior Management Service (SMS), and every second year for other categories of employees. At the end of each January, departments are required to submit statistics on the implementation of lifestyle audits in their departments. Departments are informed in October the previous year of the obligation to submit statistics and are provided with a template to complete. This enables the DPSA to make a comparative analysis over time and prepare information for the Portfolio Committee in March each year.

The DPSA does not have the mandate to conduct lifestyle audits in the public service, however they play an oversight role in the implementation of lifestyle audits by departments and provide implementation support to departments. The conducting of lifestyle audits is a decentralised function that must be carried out by the departments each financial year. As a result, departments will apply consequence management measures based on the results of the lifestyle investigation and report outcomes to the Public Administration Ethics, Integrity, and Disciplinary Technical Assistance Unit (PAEIDTAU).

To monitor the investigation of the employees and to assist departments with the process, the DPSA request quarterly feedback from departments with investigations to provide progress on incidents related to lifestyle audits. The SMS members are a special focus area for support and monitoring, as it is a performance agreement between the MPSA and the President.

(iv) Central Discipline Register:

The Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud recommended (to Parliament on 22 October 2022) that a single or central register be developed for the Public Administration to be able to assess whether someone has been dismissed (or resigned while facing disciplinary charges) in another sphere of government or public entity, especially when the person attempts to rejoin the Public Administration. The first phase of this project was completed, with a single register adopted for the Public Service. The second phase is in progress, where the register will be expanded to cover the municipal sphere and where regulations will be adopted to guide the use of the register to ensure consultation before any new appointments are made.

(b) Public officials (Public Service employees) are held accountable for their actions in the following way.

The PAMA, section 15 (5)(a) requires that when an institution discovers an act of corruption, such corruption must immediately be reported to the police for investigation in terms of any applicable law, including the Preventing and Combating of Corrupt Activities Act, Act 12 of 2004).

1. Subsection 5(b) of PAMA provides that issues of misconduct emanating from criminal investigations be reported to the PAEIDTAU and the relevant head of institution for initiation and institution of disciplinary proceedings. In terms of subsection 6(b) of PAMA, all institutions have the responsibility to ensure that it deals with the matters relating to misconduct without undue delay.
2. The national and provincial departments as a result are required to submit to the MPSA, on a quarterly basis, records of new, finalised, and carried over disciplinary cases at their departments. In addition to that, any precautionary suspensions, periods thereof and cost implications are submitted to the PAEIDTAU. These reports are monitored to determine finalisation trends and interventions on any systemic challenges.
3. While Heads of Department are required in terms of section 7(3) of the Public Service Act to manage disciplinary processes in their respective departments, the PAEIDTAU provides technical assistance and support to institutions in all spheres of government on management of disciplinary matters.

3. The Department of Public Service and Administration (DPSA) is implementing several initiatives aligned with the Operations Management Framework (OMF). This initiative is designed to enhance efficiency, effectiveness, and responsiveness in the public service sector. The OMF was established to provide a comprehensive and structured approach for optimizing and streamlining public service operations. The OMF aims to enhance efficiency, effectiveness, and service quality across all public service sectors.

3.1.1 The framework is composed of several key components designed to achieve these objectives:

3.1.1.1 Service Delivery Model: One of the cornerstone elements of the OMF is the development and implementation of service delivery models. These models are meticulously crafted to analyse current delivery methods, identifying areas for improvement. By focusing on automation, resource alignment, and efficiency, the models aim to enhance service delivery significantly. efficiently. This involves:

• Analysing Current Delivery Modes: Examining existing modes of delivery within departments to identify inefficiencies and areas needing improvement.
• Resource Alignment: Ensuring that resources are optimally allocated to meet service demands efficiently.

3.1.1.2 Business Process Mapping: Business Process Mapping and Reengineering is another critical component of the OMF. This involves standardizing and optimizing business processes to eliminate redundancies and ensure uniformity across various departments. Key activities include:

• Process Mapping: Creating detailed visual representations of existing processes to identify inefficiencies and bottlenecks.
• Process Improvement: Redesigning processes to be more efficient, cost-effective, and aligned with best practices.

3.1.1.3 Standard Operating Procedures (SOPs): Standard Operating Procedures (SOPs) are essential for ensuring uniformity and consistency in work processes. They serve as functional training tools, making service delivery more efficient and effective. The development of SOPs involves:

• Documentation: Creating detailed guides and manuals that outline each step of a process.
• Training: Providing comprehensive training to ensure that all staff members understand and adhere to the SOPs.
• Continuous Improvement: Regularly updating SOPs to incorporate feedback and adapt to changing needs.

3.1.1.4 Service Standards: Service standards are developed and implemented as a commitment to the quality of services provided by public service departments. These standards serve as a benchmark for performance and quality, involving:

• Benchmarking: Setting clear, measurable standards for service quality.
• Monitoring: Continuously tracking performance against these standards.
• Improvement: Implementing corrective actions when standards are not met.
  • •  

3.1.1.5 Service Delivery Charter: The Service Delivery Charter is a vital communication tool within the OMF. It outlines the service standards and provides essential information about the department's services. It also includes a redress mechanism for service beneficiaries, ensuring accountability and transparency. The charter involves:

• Communication: Clearly conveying service standards and expectations to the public.
• Transparency: Providing detailed information about services, including how to access them and what to expect.

3.2 The Ministry for Public Service and Administration in terms of the Public Service Act for setting frameworks for improving Access mechanisms to government services and information in institutionalising the ethos and principles of Batho Pele.

3.2.1 The continuous improvement of services to citizens are also centred around the creation and strengthening of citizen-centric integrated service delivery provisioning through sustainable delivery mechanisms as provided for by the Public Administration Management Act: 2014 (PAMA). These include the promulgation of a legal framework to ensure legality of access mechanisms, creation, and coordination of responsive mechanisms to promote integrated service delivery approaches across the three spheres of government.

3.2.2 Furthermore, mainstreaming of the reviewed Batho Pele Revitalisation Strategy is aiming at positioning the public servants to provide accessible high quality sustainable government service to the citizens. The Strategy makes emphasis on departments to develop context-specific Batho Pele standards of which citizens can hold government accountable for.

3.2.3 In entrenching the good ethos of Batho Pele the department has been mainstreaming knowledge management and institutionalising excellence awards aimed at encouraging and priding officials who exemplify these principles by going the extra mile in service delivery by Putting People First.

4.1 The Department of Public Service and Administration is fully committed to ensuring that marginalised communities receive adequate attention and quality access to government services closer to where they live.

4.2 The department continue to institutionalise various service delivery improvement initiatives that are centred around the needs of the citizens as driven by the ethos and Principles of Batho Pele. Taking the services closer to where the people live is a main priority, as such, the department has partnered with various departments, and sectors and provinces by embarking on varied Programmes that include, deployment of senior managers to frontline coalface service delivery to unblock services delivery challenges and access barriers.

4.3 Furthermore, the Department of Public Service and Administration is prioritising a process that actively addresses complaint of citizens to build trust whilst reinforcing democratic values of our Constitution and Batho Pele. By working in close collaboration with various departments and sectors, complaints handling mechanisms seeks to ensure that citizens’ complaints are dealt with promptly and they are provided with feedback within the stipulated timeframe.

4.4 The department is also working towards strengthening of frontline service delivery monitoring by conducting announced and unannounced site visits to frontline service delivery points. This is to ensure that citizens, especially those marginalised receive accessible, fair, and quality services.

5.1 In September 2023, the MPSA issued the Directive on Compulsory Training Programme for the Public Service which defines the compulsory training programme for employees which must be taken through the National School of Government. The Directive is the main part of the public service reforms to support professionalisation by creating a highly competent and professionalised public service. This is to ensure that employees are capacitated to discharge their responsibilities not only in a skilled and competent manner, but also in a manner that espouses Batho Pele Principles and is most efficient.

5.2 The Framework on Professionalisation of the Public Sector also provides guidance on the expected human resources development initiatives that need to be implemented to achieve a competent and capable Public Service. Employees are afforded opportunities to study through institutions of their choice, whereby they are offered bursaries to improve their skills levels and competence for the roles they occupy. Furthermore, SETAs play a significant role in training and capacity building in the Public Service to capacitate employees. Funding for development interventions is prioritized from the 1% of compensation budget.

5.3 The DPSA is working with departments to rollout the skills audit methodology framework, which assists departments to identify skills and competency gaps. The skills audit is designed to assist departments to transition to a more functional and integrated government, which is capacitated with professional, responsive, and meritocratic public servants and to concentrate training, effort and spend in those areas that will achieve the largest and rapid turnaround on professionalisation and improved governance, service delivery and accountability.

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Reply:

The National Policing Strategy (NPS), which has adopted by the SAPS in 2022/23, seeks to give effect to the SAPS’ commitment towards using an inclusive approach to addressing crime and violence. The SAPS has also developed the Increased Crime Prevention and Combating Action Plan (ICPCAP), which has been incorporated into the NPS, and which focuses the efforts and the SAPS, in collaboration with its law enforcement partners and key government departments, on the immediate stabilisation of violent crime in the country, focusing on the identified Top 30 High Contact Crime Stations (HCCSs). The ICPCAP includes the implementation of weekly, intelligence-led high density operations, within the Top 30 HCCSs, as well as other prioritised station precincts, which is referred to as “Operation Shanela”.

Operation Shanela was initiated in May 2023, and requires the SAPS to work with other law enforcement agencies, key departments in the Justice, Crime Prevention and Security (JCPS) Cluster and civil society partners, to fight crime, using the five-pillar approach, which is included in the NPS. Operation Shanela, therefore, extends the successful “Operation O’ Kae Molao” methodology, to all provinces and the Top 30 HCCSs, including other prioritised station areas.

The monitoring of the progress that is achieved by the SAPS and its partners in the fight against violent crime, through Operation Shanela, is monitored weekly by the National Commissioner, in conjunction with the Provincial Commissioners. The monitoring of the reported incidence of contact crimes at the Top 30 HCCSs is also included in the SAPS’ Annual Performance Plan, which implies that it is cascaded down to provincial, district and station levels, thereby prioritising these stations. The management of the SAPS provides detailed feedback on the operations that were conducted during the previous week, the emerging crime trends that were identified, and the successes that were achieved with the aforementioned operations. The management of the SAPS will also indicate the action that will be taken to address all emerging crime trends that are identified, as part of the overall approach to the implementation of Operation Shanela. Operation Shanela, therefore, represents the immediate plan that the SAPS, together with its JCPS Cluster partners, is using to curb crime and improve the levels and feelings of safety in communities, specifically at the Top 30 HCCSs.

The resourcing of the Top 30 HCCSs has also been prioritised, in order to ensure that adequate resources are available at these stations. The SAPS allocates dedicated funding to the respective provinces annually, for the further capacitation and resourcing of the Top 30 HCCSs.

Reply:

a) The Gauteng Department of Health has made a submission to reclassify Rahima Moosa Mother and Child Hospital as a Tertiary Hospital. Therefore, the process to reclassify this hospital is being considered in line with the current guidelines.

b) The National Department of Health is in the process of reviewing regulations 185, relating to the categorisation of hospitals. The consultation process to guide the provinces on the criteria to be followed to reclassify hospitals has commenced. Once the Provinces’ inputs have been consolidated, amendments will be made to regulation 185 relating to categories of hospitals. The amendments will be presented through various approval platforms in the Department of Health and on approval the Minister will sign and publish the amendments.

END.

Reply:

(a) The New Hanover Office has been affected by the system downtimes for different reasons. Since April 2024 the office has been offline for 6 different days. Furthermore, the town has a network instability as well as electricity outages. The office has a generator that serves as a backup during power outages.

(b) The UMgungundlovu District only has one mobile unit to service all seven (7) Local Municipalities under the district, which includes uMshwathi Local Municipality under which Hanover belongs. The mobile unit has an itinerary for school visits as well as other outreach programs. Due to unplanned system downtimes, the use of a mobile unit as a backup cannot be planned as the unit will be engaged in line with its schedule.

END.

Reply:

1(a) The incident in question is not specific to a date and time and, therefore, cannot be responded to specifically.

1(b) The South African Police Service (SAPS) will become aware of possible “community conflicts and disputes”, when a complaint is received through the 10111 Command Centre, through calls or walk-ins at a police station, or as a result of observations by members on patrol. The 10111 Command Centre or the station will dispatch the complaint to a member to the incident for further investigation. Standing Order (General) 259 on Rapid Response Services and Radio Equipped Vehicles, provides directives for complaints reported to the 10111 emergency number of the SAPS. The standing order applies to calls going to a 10111 call centre, as well as directly to police stations.

In most instances, members assigned to the Community Service Centre, who handle complaints and patrols, will be first responders to the scene. The first responders must assess the situation and provide a situational report to the 10111 Command Centre or the operational commander. If necessary, other police units, for example Public Order Police (POP), may be dispatched to the scene.

The situational report will include whether the situation is peaceful or not, the estimated number of people, the presence of weapons and any other relevant information. National Instruction 4 of 2014: Crowd Management in the Service, provides for the deployment of POP Units.

The first responders withdraw from the scene after the specialist unit takes over. This process is further facilitated and monitored by the relevant SAPS Operational Command Centre.

(2) The incident in question is not specific to a date and time and therefore cannot be responded to specifically.

Reply:

1. Strategies for addressing severe acute malnutrition (SAM) in young children include:

• Routine implementation of evidence-based interventions aimed at the prevention, early identification and treatment of SAM, namely promotion of breastfeeding and complementary feeding, growth monitoring and promotion, active case finding and provision of specialised formulated therapeutic foods to promote catch-up growth.
• Scaling up of community-based screening for acute malnutrition including involving caregivers at household level to improve early detection.
• Inclusion of SAM case management in all relevant guidelines including the Integrated Management of Childhood Illnesses (IMCI), the Integrated Management of Acute Malnutrition (IMAM) and the Essential Medicine List (EML) Standard Treatment Guidelines at primary health care and hospital levels.
• Continuous capacity building of frontline staff in the management of children with severe acute malnutrition at high risk of death.
• Improved clinical governance through monthly death reviews and clinical audits to identify and address modifiable factors at hospital level.
• Data verification and use of data for action at all levels of care.
• Implementation of targeted operational plans based on malnutrition bottleneck analyses conducted in selected districts.
• Community health workers conduct tracing and tracking of all discharged children with severe acute malnutrition as part of follow-up care and support.

2. Yes. The Department of Health continues to work in collaboration with other sectors across all levels to address food insecurity, malnutrition and hunger through implementation of the National and Provincial Food and Nutrition Security plans. The key objectives of these plans include:

• Establishment of inclusive local food value chains to support access to nutritious, affordable foods (led by the Department of Agriculture).
• Expand targeted social protection measures and sustainable livelihood programmes (led by the Department of Social Development)
• Scale-up of high impact nutrition interventions targeting women, infants and children (led by the Department of Health)
• Influence people across the life-cycle to make informed food and nutrition decisions through an integrated communications strategy.
• Develop a monitoring and evaluation system for Food and Nutrition Security in South Africa and establish an integrated risk management system for monitoring related risks (led by the Department of Agriculture, the Department of Performance Monitoring and Evaluation and Statistics South Africa).
• Entrepreneurship and Entrepreneurial skills development (led by the Department of Small Business Development).

END.

Reply:

a) The matter pertaining to the Ownership of the Lesedi Building has been referred to the State Attorney and as such the Legal Opinion advice from the State Attorney is pending. The Department through the Accounting Officer has then resolved to arrange a meeting with the erstwhile Directorate: Entrepreneurial Development (DED) Management to provide further information pertaining to this matter and the meeting will probably take place during the month of August 2024.

b) The handover date has not yet been determined and this will be guided or informed by the outcomes of the meeting scheduled for the month of August.

Reply:

The Edinburg dam was handed over to the Department of Water and Sanitation (DWS) in 2015 after the owner’s information could not be verified. After the handover, DWS conducted a condition assessment of the dam and it was established that the dam wall appeared to have suffered overtopping before, due to insufficient spillway capacity. Thereafter, a decision was taken to include the dam on the departmental dam safety rehabilitation programme. Unfortunately, the non-availability of internal Approved Professional Person (APP) delayed the rehabilitation of the dam. However, the APP issue has now been resolved and currently the designs are in the preliminary design phase. It is anticipated that the construction phase will start at the beginning of the 2025/2026 financial year.

The condition of the dam warrants for major works that cannot be covered under regular maintenance, however the Department’s operations personnel will carry out prescribed maintenance, which includes the clearing of vegetation on the dam walls, monitoring of settlement and erosion and any indication of slope bulging. This practise should be carried out until such time that the spillway capacity is improved in terms of the project to rehabilitate the dam.

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Reply:

The Health Sector in consultation with the National Treasury have introduced a budget item classification for ringfencing budgets per province for the payment of legal claims in order to ensure compliance with court orders to circumvent and/ or mitigate the risks of assets being attached and ultimately seized.

END.

Reply:

Yes, the Department measures the effectiveness of its HIV/AIDS and TB prevention campaigns through various means and modalities, such as the responses that the campaigns solicit from the intended recipients of the message or target groups and feedback received from the recipients of the messages. The department can confirm that the rate of new HIV infections continues to fall from 164,000 in 2022 to 146,784 in 2023, This is as a result of the robust prevention programmes currently being implemented. The department further receives updates on the effectiveness of the prevention campaigns from the following modalities:

• Tier.Net: This is a routine data collection system that records the outcomes of the people who have gone through HIV testing. The testing rates indicates the effectiveness of the prevention campaigns which is collected through Tier.Net, as backed up by the decline in the incidents rates.
• District Health Information System: This system reports on Condom distribution, HIV Testing services, as well as Voluntary Medical Male Circumcision. It is through this system that the department is able to measure effectiveness of the afore mentioned prevention campaigns.
• Operation Phuthuma Nerve Centre approach: This is a regular programme where reports from the communities, health facilities, districts and provinces are discussed and consolidated for the monthly reporting purposes. This project assists the Department to measure and monitor its performance against the UNAIDS targets of 95-95-95. The country’s performance is currently on 95-80-93
• PMTCT Programme: This programme provides update which shows the rapid decline of the Mother to Child Transmission for HIV and AIDS, which can be confirmed to be at less 1%. This is mainly due to the emphasis on the prevention campaigns.
• Thembisa modelling: This modelling approach is conducted yearly to track HIV and AIDS incidence and prevalence. The modelling also enables the Department to estimate targets for the HIV and AIDS progress towards the attainment of the 95-95-95 targets.
• The Department participates and receives the results of the surveys such as South African National HIV Prevalence, Incidence, Behaviour and Communication Survey (SABSSM VI) which inform sustaining and/or designing new campaigns.

END.

Reply:

(1)(a) This question should be referred to Statistics SA as they are mandated by the Statistics Act, 1999 (Act No. 6 of 1999) to collect data for official statistics and to conduct a census.

(1)(b) As at 19 July 2024, there were 593 886 uncollected IDs at Home Affairs offices

(2) Breakdown of the total number of uncollected IDs in each province is as follows:

Province	ID Re-Issue	ID 1st Issue	Total
Eastern Cape	59158	21518	80676
Free State	29254	11066	40320
Gauteng	117404	29879	147283
Kwazulu Natal	64528	20350	84878
Limpopo	41502	16025	57527
Mobile Units	7006	774	7780
Mobile Web Branch	1972	2015	3987
Mpumalanga	27804	9739	37543
North West	28621	9719	38340
Northern Cape	13407	5254	18661
Western Cape	60666	16225	76891
TOTAL	451322	142564	593886

(3)(a)&(b) The names and location of the top 5 Home Affairs offices with the highest number of uncollected IDs is as below:

PROVINCE	OFFICE LOCATION	NUMBER OF UNCOLLECTED IDs
Eastern Cape	Port Elizabeth	10468
Gauteng	Johannesburg	9205
Gauteng	Akasia	9006
Western Cape	Cape Town	8381
Gauteng	Pretoria	7939

(4) The Department has implemented the strategy on uncollected IDs. This strategy seeks to reduce the number of uncollected IDs in offices, thereby encouraging applicants to collect their IDs.

The Department has implemented additional service channels like the Branch Booking Appointment System (BABS) to reduce waiting times in queues at offices and has also deployed additional Mobile Units to service more areas, including far outlying rural areas.

(5) During the period 1 April 2019 – 29 July 2024, fifty-three (53) employees have been disciplined in relation to the irregular processing of identity documents and 33 employees have been dismissed during this period.

END

Reply:

(1)(a)(i – v) The event cost R2 640 750 inclusive of the hire of the marquee, tables, chairs stage and sound system.

(1)(b) No expenditure was incurred as the department used in-house branding and advertised on a local radio station at no cost.

(1)(c) The expenditure incurred for catering amounted to R500 000.

(2) The total cost for transporting attendees was R199 000.

(3)(a)&(b) The Department planned catering for 2500 persons. However, 3500 persons participated at the event.

END.

Reply:

(a) The Department of Home Affairs has Standard Operating Procedures, which are approved and distributed to offices to make sure that there is uniformity with how applications for various products are taken at front offices.

(b) The local Office in Dutywa has online verification; the challenge is the low-voltage electricity, which has affected all computers in the office. To mitigate the non-functioning computers there is a mobile unit, which is stationed full-time at the office to assist clients while the low voltage issue is being resolved.

END.