Questions and Replies

Reply:

The Minister of Public Works and Infrastructure

(1) (a) and (b) I have been informed that five (5) disciplinary hearings have been finalised and details concerning the persons in question are outlined in tabled 1 below.

(2) Please see details in table 1 below.

(3) Please see details in table 1 below.

Table 1:

Number	Name and Surname	(1) (b) Presiding officer and Prosecuting Officer	(2) (a) (i) and (ii) Outcome of the cases	(2) (b) Proposed sanction by DC	Mechanisms to recover the cost incurred	(3) Appeal or No Appeal
1.	Ms Nditsheni Raliphada	C J Mkhavele Incorporated and Maphoso Mokoena Attorneys	Dismissal	Dismissal	None	Yes The appeal was finalized on the 17 November 2022. Awaiting outcome of appeal
2.	Ms Lydia Ludick	C J Mkhavele Incorporated and Maphoso Mokoena Attorneys	Final written warning.	Final written warning	None	No appeal
3.	Florence Mthenjane	C J Mkhavele Incorporated and Maphoso Mokoena	Disciplinary process progress Process underway for medical boarding benefit.	None	None	No appeal
4.	Simon Matsoso	C J Mkhavele Incorporated and Maphoso Mokoena Attorneys	Mutual Separation agreed but the employee refused to sign thereafter	None	None	Case at CCMA
5.	Mr Stephanus Lewis	C J Mkhavele Incorporated and Maphoso Mokoena Attorneys	Mutual Separation	None	None	No appeal
6.	Mr Bali Mamabolo	C J Mkhavele Incorporated and Maphoso Mokoena Attorneys	Mutual Separation	None	None	No appeal

Reply:

The Minister of Public Works and Infrastructure

I have been informed that the maintenance of public restrooms falls under non-specialised maintenance work. This forms part of the delegation assigned to the Users. There is a R1 million delegation for maintenance assigned to the client to carry out corrective maintenance as per the Day-to-Day guidelines.

Reply:

The Minister of Public Works and Infrastructure wish to respond as follows:

1. I have been informed that the disciplinary action of the employees implicated in Beitbridge Border Post Project investigation report were divided into two phases with first phase being an enquiry into members of the National Bid Adjudication Committee (NBAC) and the second phase, an enquiry into conduct of three senior managers. A civil recovery process is being managed by the Special Investigating Unit (SIU) on behalf of the Department of Public Works & Infrastructure (DPWI).

1.1. DISCIPLINARY ACTION AGAINST THE NBAC MEMBERS:

1.1.1. The disciplinary enquiry of the NBAC member was proceeded and was finalised during May 2022.

1.1.2. On 3 June 2022 all implicated NBAC officials were found guilty of the charges against them.

1.1.3. Mitigating and aggravating arguments commenced on 10 June 2022 by employee party and 20 June 2022 by employer party, whereafter sanction will be handed down.

1.1.4. The employee parties submitted their mitigating arguments requesting for lenient sanction short of dismissal based on their personal circumstances, however, the employer submitted aggravating arguments calling for sanction of dismissal given the seriousness of the charges, the amount involved and the conduct of the employees.

1.1.5. Chairperson delivered the sanction report imposing final written warning and suspension without pay, for between one and two months, to all the employees on the basis that there was no evidence of employees benefiting out of the project.

1.1.6. Employees have accepted the sanction through their Attorneys and the Acting Director General has been apprised about this.

1.1.7. On the 17 October 2022, approval was granted by Acting Director General to give effect to the sanctions with effective date of 01 November 2022 for all employees.

1.1.8. All employees have now began serving their sanctions of suspension without pay with effect from 01 November 2022.

1.2. DISCIPLINARIES AGAINST SENIOR DPWI OFFICIALS

1.2.1. The hearings of the Senior Officials were scheduled for 04 – 06 May 2021, however, these were postponed on the first sitting due to failure of the legal representative of one of the officials to attend the hearing, who indicated that he is launching a court application to review the investigation report and the disciplinary enquiry. However, the Department argued that the matter should proceed and the hearing was held on the 05 May 2021.

1.2.2. During the hearing of 5 May 2021, one of the official’s legal representatives, Ka- Mbonani Cooper Incorporated, served the chairperson and the Department with the Court application to amongst others: set aside the investigation report and the disciplinary enquiry.

1.2.3. Furthermore, the Department has prepared and filed the record of the procurement process and the investigation report with the Applicant and the Registrar on 14 June 2021 and the State Attorney is now waiting for the Applicant to serve their supplementary papers in compliance with Rule 53 of the Uniform Rules of the Court.

1.2.4. The Applicant’s Attorneys wrote a letter requesting further information and documents relating to the investigation from the Minister and ADG. The documents were prepared and sent to Senior Counsel for advice to the ADG.

1.2.5. The DPWI has since deposed the founding papers for review of the Chairperson’s ruling postponing the hearing sine die and submitted the papers to State Attorney for service on the Respondent and filing at the Labour Court. The Department is, now, awaiting feedback from the State Attorney on the service and filing at the Labour Court which will be followed by the Respondent filing their opposing papers and DPWI filing its replying papers followed application for hearing date with the Registrar.

1.2.6. Feedback received from Pretoria State Attorney on the 28 January 2022 was that the court application will be served on the 02 February 2022 by Pretoria State Attorney after receiving the instruction letter from the State Attorney: Kimberley who are the instructing Attorneys.

1.2.7. The Chairperson of the Disciplinary Hearing was served with the Labour Court application on the 29 November 2021 in Bloemfontein by State Attorney Kimberley and the application was served on DDG-CPM’s Attorneys in Johannesburg on the 02 February 2022 by State Attorney Pretoria.

1.2.8. The employee party acting through his Attorneys served and filed notice of intention to oppose and his answering affidavit on 06 June 2022 which was replied to by the Department on the 13 June 2022 and the State Attorney has since applied for a hearing date with the Registrar of the Labour Court. The State Attorney undertook to make a follow-up with Registrar via an email on the 14 November 2022.

1.2.9. With regard to the two senior employees, the State Attorney has appointed initiator and chairperson to facilitate the disciplinary enquiry of the two senior managers separate from the DDG-CPM hearing. To this end, the State Attorney is still awaited to convene consultation with initiator to prepare and finalise the charges for service and setting date of hearing.

1.3. DISCIPLINARIES AGAINST SECTION 12 EMPLOYEES

Two (the Director-General and Special Advisor to the Minister) of the thirteen implicated DPWI employees are employed in terms of section 12 and 12A of the Public Service Act 1994. In this regard, their disciplinary processes are not being dealt with by the Department.

 

Regarding the Director-General:

1.3.1. The disciplinary action against the Director-General is being managed by the Presidency. The DG has subsequently taken early retirement.

 

Regarding the Minister’s Special Advisor:

1.3.2. The disciplinary action against the Special Advisor is being managed by the State Attorney on behalf of the Minister of Public Works and Infrastructure.

1.3.3. The Minister served a letter to her Advisor, in September 2020 informing her of the intended charges following the findings of the Beitbridge Border Post report.

1.3.4. The Advisor acknowledged receipt of the letter.

1.3.5. The Minister requested the State Attorney to appoint the Initiator and Chairperson for the ensuing disciplinary process. An Initiator and Chairperson have been appointed by the State Attorney.

1.3.6. The Initiator has prepared draft charges.

1.3.7. As reported to SCOPA, the charge sheet was subsequently finalised and served, while the Chairperson and counsel have also been appointed. The Minister is currently awaiting the way forward from the Chairperson.

1.4. RECOVERY OF FUNDS:

1.4.1. On 17 November 2020, the SIU instituted legal action against Caledon River Properties (Pty) Ltd t/a Magwa and Profteam CC with the Special Tribunal under case number GP17/2020. The application is opposed and the matter has been enrolled to argue jurisdiction which was raised as a point in limine. The matter was heard on Tuesday 26 January 2021 in the Special Tribunal. The Tribunal on 25 February 2021 dismissed the respondent’s points in limine and the matter will proceed in the absence of any appeal.

1.4.2. On 9 March 2022, the Special Tribunal judgment was handed down on the matter. The judgment strips the contractor, Magwa and principal agent, Caledon/aka Profteam, of any profits arising from the BeitBridge Border Fence project.

1.4.3. The judgment of the Special Tribunal was appealed on the 19th May by the contractor and principal agent. Their appeal was dismissed with costs on the 7th September 2022.

1.4.4. According to the SIU report to DPWI, it would appear that the contractor and principal agent are desirous to appeal the tribunal decision in the High Court, however, DPWI has not yet been provided with further briefing and the papers thereof by SIU.

Reply:

The Minister of Public Works and Infrastructure

I have been informed that the Department did not receive any claims from the Khoisan Group.

The Steer-Com has since been established, comprising officials from the following Stakeholders, including legal representation.

• National Department of Public Works and Infrastructure (NDPWI)
• Department of Forestry, Fisheries and Environment (DFFE)
• Theewaterskloof Municipality (TWK)
• Prov. COGTA
• South African Police Services (SAPS)

The purpose of the Steer-Com is to:

• Establish Communication with the community leaders to discuss their reasons for the invasion and what their requirements are
• Coordinate a survey and profiling of occupants
• Determine control measures to prevent further invasion
• Develop and drive a comprehensive implementation plan and report progress and make recommendations to the Joint District and Metropolitan Approach Committee (JDMA)
• Develop interventions and remedial action.

The introductory meeting was held on 3 October 2022, a follow up meeting was held on 3 November 2022 and the third meeting was held on 16 November 2022 between the Steer-Com and the Community leaders.

During the meeting, it was agreed that the Community leaders will submit a proposal regarding their needs / requirements in order to determine a way forward.

Following the meeting on 16 November 2022, another meeting took place on 25 November 2022 between the Department of Forestry, Fisheries and Environment Portfolio Committee, affected spheres of Government and the Community leaders in which the Community repeated that they are reclaiming their forefather’s land and confirmed that they will submit their proposal including the supporting documents relating to their claim.

The chairperson of DFFE Portfolio Committee requested NDPWI to submit detailed progress report to Committee on this matter. The detailed report is yet to be submitted.

I have, since, also had a meeting with the Western Cape MEC for Local Government, Environmental Affairs and Development Planning, Anton Bredell, and Premier Alan Winde on 18 October and 17 November respectively.

Reply:

The Minister of Public Works and Infrastructure:

1. I have been informed that the total number of generators that were replaced due to redundancy for official Ministerial residences is 13.

2. Not all houses were equipped with generators:

a) The generators were replaced due to redundancy and was also too costly to maintain.

b) The generators were replaced due to redundancy and was also too costly to maintain.

3.a) 1 (one) generator has been procured and was installed on the 09 November 2022, and 3 (three) are still in the procurement stage.

b) The total amount of diesel spent is R784 135.00

Reply:

The Minister of Public Works and Infrastructure:

1. I have been informed that the Department of Public Works and Infrastructure (DPWI), the respective Provincial Departments of Social Development (DSD), and their respective Infrastructure Departments; after having engaged extensively, have agreed that the method of disposal of these shelters will be that of Donation. In the meantime, all parties have resolved that User Agreements will be signed. The signing of the User Agreements will enable DSD to occupy the aforementioned properties. The Agreements have been prepared and are being signed by the various parties.

2. DPWI is mandated to ensure that its assets are safeguarded and kept in good condition at all times. Furthermore, DPWI intends to provide the properties in a habitable state and ready for DSD to use by victims of gender-based violence and femicide.

DPWI will not be recovering any funds from DSD, due to the fact that the delay in occupation is not due to any of the Departments’ doing, but rather the fact that the three departments needed to finalize the governance structure of how the properties will be managed. It has now been agreed that the properties will be donated to the user departments and that User Agreements will be signed in the meantime as a governance structure to allow DSD to use the properties.

Reply:

The Minister of Public Works and Infrastructure

a) I have been informed that from the records and to the best of our knowledge, in the last five years, the Department of Public Works and Infrastructure is aware of one case of alleged sexual harassment against some of its participants.

The case was reported in August 2018 and involved female participants who were part of the Thaba Tshwane project that was implemented by the Department of Public Works and Infrastructure.

It was alleged that the participants were being harassed by employees of the contractor on site.

No other cases of have been reported to the Department of Public Works and Infrastructure from programme implementers.

It is expected that any cases of sexual harassment should be dealt with in terms of existing laws by the project implementers.

b) In the instance of the reported case, a letter was written to the contractor on the project informing them about the allegations in order to ensure that this was dealt with on site in terms of taking action against the perpetrators.

In terms of the existing institutional arrangements for the EPWP, any transgression happening at an implementation level should be dealt with at an operational levels by public bodies implementing EPWP Projects.

It should be noted that the rights against sexual harassment in the workplace are set out in the Labour Relations Act and Employment Equity Act. A Code of Good Practice on the Handling of Sexual Harassment Cases has been issued by the Department of Employment and Labour. In this Code, employers are encouraged to develop and implement policies on sexual harassment.

Reply:

The Minister of Public Works and Infrastructure

(1) I have been informed that the Department of Forestry, Fisheries and the Environment did not enter a new Lease Agreement in respect of the property.

(2) A task team, consisting of National, Provincial and Local Government, established in August 2022, has had several meetings to discuss the future of the land.

Reply:

The Minister of Public Works and Infrastructure:

1. I have been informed that the shelters are in the following Municipalities: Western Cape: Albertinia Municipality Bergrivier Municipality Laingsburg Municipality Swartland Municipality Gauteng: City of Johannesburg City of Tshwane 2. The houses are currently safe as they are guarded by the Department of Public Works and Infrastructure. Once the houses/ shelters are handed over to the client, safeguarding of such assets becomes the responsibility of the User/ client department, Department of Social Development.

Reply:

The Minister of Public Works and Infrastructure:

The Department of Public Works and Infrastructure has assessed Parliamentary Question 4426 and had since established that the provincial road R385 is a minor regional road under the jurisdiction of the Provincial Department of Roads and Public Works in the Northern Cape Province, therefore our colleagues in the Province will be best suited to response to this question. It will be advisable to re-refer the question accordingly

Reply:

The Minister of Public Works and Infrastructure:

Construction of schools is not within the mandate of the National Department of Publc Works and Infrastructure, therefore this question should be referred to our sister department, Department of Basic Education.

Reply:

The Minister of Public Works and Infrastructure:

Construction of schools is not within the mandate of the National Department of Public Works and Infrastructure, however, our sister department, Department of Basic Education, whose mandate entails development, maintenance and support for schools will be best suited to provide a response to this question.

Reply:

The Minister of Public Works and Infrastructure:

a) Total amount spent, to refurbish each of the six buildings that were handed over to the Department of Social Development in the Western Cape for the purpose of being used as shelters in terms of the Victim Empowerment Programme, is R1 026 900,00.

b) The refurbishment of shelters commenced on the 07th May 2020 and was concluded on the 12th August 2020.

Reply:

The Minister of Public Works and Infrastructure:

a) I have been informed by the Department that the site ERF 3206, Thulani Ext. 1, is a Provincial Government site. The property currently belongs to Gauteng Provincial Department.

b) National Department of Public Works and Infrastructure (NDPWI) requested permission to build and occupy whilst the acquisition of the property unfolds. The permission to build and occupy was granted by the province to NDPWI in March 2022, together with the site clearance for construction. NDPWI is currently awaiting confirmation of budget from South African Police services (SAPS), so that NDPWI can proceed with construction of the police station.

c) (i) A plan will be drafted once SAPS confirms the budget.

(ii) The timeline for completion will only be determined once the client, SAPS, has provided the necessary documentation referred to in (i) above.

Reply:

The Minister of Public Works and Infrastructure:

I have been informed that the Department of Public Works and Infrastructure (“DPWI”) does not have a registered project to renovate the Protea Glen Police Station including holding cells since 2016.

The only project for DPWI in the vicinity that went into construction relates to Sinkholes and Dolomite rehabilitation including cavity grouting, joint sealing and repairs of storm water canals. The project entailed the upgrading of Engineering wet services (Water, Sewer and Storm water reticulation), renovation and repairs of Roads and paved areas. Practical Completion on this project was achieved on the 25th August 2022.

Reply:

The Minister of Public Works and Infrastructure:

With regard to outstanding amounts that are owed by schools in KwaZulu-Natal (KZN) to the Msunduzi Local Municipality in terms of outstanding rates for schools in the specified municipality; payment of municipal rates for schools is not in the purview of the National Department of Public Works and Infrastructure, therefore this question can be best responded to by our sister department/s, Department of Basic Education and/or Department of Higher Education and Training, respectively.

Reply:

The Minister of Public Works and Infrastructure

I have been informed that the project is being implemented by the Department of Defence and not the Department of Public Works and Infrastructure.

Therefore, (a), (b) (i) & (ii), (c) (i) & (ii) and (d), Fall away.

Reply:

The Minister of Public Works and Infrastructure:

(1)

a) I have been informed that disciplinary processes will be instituted against employees who may be fingered in the malpractices as soon as internal investigation is concluded.

b) The department has developed a task team that monitors and ensures the smooth running of the process.

2. Empowerment initiatives for Women, Youth & People with disabilities are tabled below:

As per Quarter 1 REPORT

April -June 2022/2023 Financial Year from SCM

INITIATIVES	ACHIEVEMENTS	DISAGGREGATED DATA ON BENEFICIARIES
		WOMEN	MEN	YOUTH	DISABILITY
				MALE	FEMALE	MALE	FEMALE
Participation of designated Groups in the DPWI Programmes through Procurement For all transactions within quotation threshold, a mandatory Preferential Procurement Requirements for B-BBEE Level 1, 2 & QSE/EME applies.	Majority of quotations awarded to Designated Groups in line with Preferential Procurement Regulations 2017	475 Transactions to the value of R24 442 932,97	858 Transactions to the value of R77 674 599,64	224 Transactions to the value of R23 816 608,54	97 Transactions to the value of R10 839 286,51	1 Transactions to the value of R384 999,54	1 Transactions to the value of R2 9000,00

3. The department leverages its procurement spend to promote transformation and empowerment of historically disadvantaged individuals and designated groups as listed in the Preferential Procurement Regulations of 2017. The department has implemented a transformation agenda that utilizes pre-qualification criteria and mandatory subcontracting when inviting bids and quotations.

For the period 01 April 2022 – 31 August 2022, 62 tenders worth R 329 224 983 were awarded to designated/ targeted groups. 57 of these tenders to the value of R316,797,325 were awarded to Level 1 BEE service providers and 5 tenders to the value of R12,427,658 were awarded to Level 2 BEE service providers.

The targeted (designated) groups benefited as follows;

• Black majority owned, 60 awards (97%) to the value R283,838,371
• Women black owned, 15 awards (24%) to the value of R26,256,604
• Youth black owned, 8 awards (13%) to the value of R30,734,232
• Contractor Co-operative, 4 awards (6.5%) to the value of R2,125,567
• Companies in Rural/ Underdeveloped/ township areas, 26 awards (44%) to the value of R50,940,120

The above statistics are indicative of the department’s commitment to empowerment and transformation.

Reply:

The Minister of Public Works and Infrastructure

I have been informed that the project in question is being implemented by the Department of Defence and not the Department of Public Works and Infrastructure.

Therefore, (a), (b), (c) and (d), Fall away.

Reply:

The Minister of Public Works and Infrastructure

Background

The Department of Public Works and Infrastructure (“DPWI”) was informed by the Telkom Retirement Fund (“TRF”) itself on 07th March 2015 that the subject property was still on the market, which led to the Department investigating the viability of the property and an eventual acquisition in 2015 for use as government accommodation.

The Telkom Towers Complex comprised of 10 buildings that measure 221,954m² with a gross lettable office accommodation area of 115,480m². There are 2234 parking bays totalling 60,624m². However, the PPS building which, until today, remains a National Key Point Building would not be available to a new owner as Telkom required to lease this building indefinitely.

The migration plan from SAPS into Telkom towers was delayed since December 2015.

Response

In order to respond to the immediate upgrade requirements for the Telkom Towers North Building and Annex buildings, a project was commenced through the Development Bank of Southern Africa (“DBSA”) as Implementing Agent to DPWI, in accordance with the SAPS migration plan. The site was handed over to the contractor on the 24th June 2019 and practical completion was obtained on 31st August 2021. The DBSA has not been an implementing agent for Telkom Towers since 2015, as they were only engaged to complete two buildings out of the entire complex.

The DBSA is a government owned entity and development finance institution under the National Treasury. The Independent Development Trust (“IDT”) is also a government owned entity under the DPWI. On or about 22 June 2022 the National Treasury approved the inclusion of IDT as an Implementing Agent for the DPWI. The DPWI and IDT are currently finalising the Memorandum of Agreement for collaboration and cooperation as an Implementing Agent on DPWI’s infrastructure portfolio.

Reply:

The Minister of Public Works and Infrastructure

REPLY:

• I have been informed by the Department that the Public Works Green Building Policy as approved and signed on the 31st of May 2018, in section 10.4, paragraph 3 states that DPWI will develop guidelines and minimum standards for the management and recycling of construction waste. These guidelines and minimum standards are incorporated into the relevant specifications for the construction works of DPWI throughout the procurement process.

• Recoverable waste shall be dealt with before disposal to sites. The Department, through the Indigenous Knowledge Systems is planning to roll-out rammed earth techniques in utilising crushed and compacted construction waste including earthworks waste. The excess material shall be disposed of, spread, and roughly levelled where permitted on-site.

• Within the DPWI’s procurement processes, credits shall be awarded to contractors who adhere to alternative and innovative greening ideas during construction including disposal of construction waste.

• The Public Works Green Building policy, in terms of green procurement, stipulates that the DPWI will adopt the Green Building Public Procurement Policy where all contractors and/or sub-contractors are mandated to provide detailed Waste Management Plans in accordance to the Environmental Impact Assessment (EIA) as regulated by the National Environment Management Act 107 of 1998 and the Public Works Green Building Policy.

• Furthermore, the Green Building National Framework, states that the Certification of green contractors and products will be adapted in the construction sector to ensure recognition as credited green building practitioners, contractors, or suppliers, hence this initiative will benefit the sector through materials that will not be disposed of, to the landfill sites and repurposed for other uses. It will also ensure confidence in the contractor’s ability and knowledge of disposing of construction waste.

• In addition, the Construction Industry Development Board (cidb) is planning to develop a best practice or standard related to optimising the reuse of waste from construction. This will include the requirement for waste management plans.

• In line with interdepartmental cooperation, DPWI provided an input to the Operation Phakisa work stream championed by the Department of Forestry, Fisheries and Environment (DFFE) regarding plans around the management of construction waste. The management of construction waste is expected to provide job creation and entrepreneurial opportunities.

Reply:

The Minister of Public Works and Infrastructure

1. I am informed the immovable infrastructure maintenance approach in the Department of Public and Infrastructure (DPWI) is a blend of Preventative and Corrective. It is per the National Immovable Asset Maintenance Management (NIAMM) Framework, and facilities refurbishment and repair fall under Corrective maintenance.

a) Under Corrective maintenance, two asset renewal programmes ensure the upkeep of DoD facilities. These are Repair and Refurbishment (R&R) and Capital programmes. DPWI always has a myriad of repair and upgrade projects being carried out on the DoD portfolio. The current challenge is the decentralised budget that resides with the client. This model has bottlenecks that lead to delays in timeously carrying out refurbishment and capital projects due to unavailability or delay in funding confirmation.

Furthermore, in recent times DoD has prohibited DPWI from carrying out any Repair and Refurbishment projects in their facilities. The current DoD portfolio is relatively old, and the current prohibition of refurbishment by the DoD will accelerate the deterioration of the facilities resulting in a burden on the normal preventative and corrective maintenance budget. This could put the accounting officer in a precarious position if something were to go wrong due to the lack of refurbishment on these facilities.

b) DPWI continue to carry out Corrective (Day-to-Day) maintenance through various DPWI regional offices. Furthermore, there is an R1 million delegation assigned to the client to perform corrective maintenance as per the Day-to-Day guidelines. The department has already implemented the Total Facility Management (TFM) approach at one of the DoD key strategy facilities, 1 Military Hospital. The TFM implementation for 2 Military Hospital is imminent, and the site visit comprised of DPWI, management of 2 Military Hospital and potential service providers took place on 04 October 2022. TFM is a maintenance approach where the facilities' services are packaged by combining technical maintenance and soft services.

2. Refurbishment expenditure for the past two years on DoD facilities.

	Maintenance	Repair	Refurbishment	DoD funded Refurbishment
2019/20	473 329 770	94 966 731	20 056 739	R 463 066 106
2020/21	342 495 058	80 322 416	5 676 461	R 320 936 571

 

DoD has another Refurbishment budget over and above its normal Capital budget, and DPWI also executes the projects on a recoverable basis.

Reply:

The Minister of Public Works and Infrastructure

1. I was informed in February 2021 the Department of Public Works & Infrastructure issued instructions to State Attorney to facilitate the obtaining of a court order preventing further invasion of the Grabouw state-owned property and, in the process, incurred the costs through the Office of the State Attorney by engaging the services of the Sheriff of the Court to assist through serving the papers and executing the court order concerning the following:

a) Grabouw FARMS 336, 445 and 335

b) Since the final containment Court Order was granted on 21 September 2021. containment measures have been carried out throughout the period to contain further invasions by conducting surveys on the portions of farms from time to time, with the Sheriff's survey report in July 2022 revealing that the total amount of completed structures on all the properties is 5599 and the incomplete/damaged/half-built structures amount to 177.

c) Sheriff of the Court is mainly instructed to survey the properties as part of the containment measures to prevent further invasions and provide the report to the State Attorney and the Department on the recommended measures required.

d) Based on the Sheriff's survey report, it is essential to note that the figures will move upward as there are still people erecting structures on all the properties listed and some areas are very well hidden..

2. Court Orders - as part of containment measures, require the Department to, amongst others, consider demolishing incomplete structures and the additional labour to assist the Sheriff in doing so, and also storage of personal belongings for a week. Included in the Sheriff's cost are the putting up of notices in all three local languages, the reading out thereof, and serving the applications and Court Orders on all relevant parties regarding the Rules of Court.

3. The Department has initiated a Grabouw State Land Steering Committee to address the challenges experienced as a result of land invasion within the Grabouw District. The first meeting is set to take place before the end of November 2022. The Department has subsequently extended an invitation to Department Forestry, Fisheries and Environment, the Western Cape Provincial Government, the Local and District Municipalities, and the SAPS. The Steering Committee will address issues such as equitable and sustainable land dispensation that promotes both social and economic development.

 

Reply:

The Minister of Public Works and Infrastructure

(1)

(a) The Department of Public Works and Infrastructure informed me the accepted contract amount at tender was R 71 822 928.02 incl. 14% VAT. The current contract value is R 83 658 783.56 as a result of Contract Price Adjustment (CPAP) = R 8 117 795, 50; the re-measurements (mobile offices rental, 1% VAT increase, excavations for foundations and plumbing) = R 2 683 137.07; additional P&G (for extension of time claims) = R 1 239 397.91

(b) Current expenditure is R 81 062 474.13 inclusive of the R 5 931 200.00 penalties for late completion.

(2) Predicted final cost will differ slightly from the current contract value as some items on the initially measured quantities will be adjusted in the Final Account.

(3) The original completion date was 12 August 2019, and the approved extension was 07 July 2020. The project was completed on 25 August 2022, and penalties were imposed for late completion.

Reply:

The Minister of Public Works and Infrastructure

1. The Department of Public Works and Infrastructure (DPWI) is the overall coordinator of the Expanded Public Works Programme (EPWP), comprised of the Infrastructure, Social, Environment and Culture and Non-State sectors. The DPWI leads the Infrastructure and Non-State sectors while the Department of Social Development (DSD) and Forestry, Fisheries and Environment (DFFE) coordinate the Social Sector and Environment and Culture Sector, respectively. Further, the EPWP is implemented by various public bodies across all three spheres of Government.

The following response is specific to the Department of Public Works and Infrastructure.

• The EPWP Municipal Infrastructure programme focuses on promoting the use of labour-intensive methods in construction by municipalities during the implementation of infrastructure projects to create work opportunities.
• The EPWP National Youth Service Programme (NYS) aims to train youth in built environment artisan trades. The programme is implemented by the Department of Public Works and Infrastructure and the provincial departments of public works.
• The Vuk’uphile Learnership Programme is a two to three-year learnership programme aimed at training and developing emerging contractors to enhance their skills for bidding and the execution of labour-intensive construction projects under the EPWP, as well as conventional construction projects. The Vuk’uphile Learnership Programme is implemented in partnership with various stakeholders that include public bodies, i.e. Municipalities, Provincial Departments and State Owned Entities, the Construction Industry Development Board (CIDB) and a financial service provider (who provides bridging finance).
• The EPWP Provincial Roads programme focuses on supporting provincial road departments to implement construction and maintenance projects labour-intensively. The support is provided by the Department of Public Works and Infrastructure in collaboration with the Department of Transport.
• The EPWP, Large Projects programme, focuses on ensuring that significant portions of projects with a budget greater than R30 million are implemented labour-intensively. The Large Projects are implemented in the different spheres of Government.
• The Non-State sector is a cross-cutting EPWP sector comprising Non-Profit Organisations (NPO) and Community Work Programmes which deliver infrastructure, social and environment-related services through non-state actors at local and community levels. The NPO component of the Non-State sector is implemented through the Independent Development Trust (IDT), an entity of the DPWI.

b) With regard to the budget allocated to each programme;

• R 20 million was allocated for Municipal Infrastructure support at a national level in the 21/22 financial year to support leveraging off projects funded by municipalities through various grants like the Municipal Infrastructure Grant. In the 21/22 financial year, municipal infrastructure projects worth more than

R5 266,472,189 were reported through the EPWP.

• • For the National Youth Service programme, a budget of R600,000 was used for coordination at a national level in the 21/22 financial year. The National Youth Service was implemented on projects with an overall budget of R221,691,176 in the 21/22 financial year.
  • A budget of R 7.9 million for support of the implementation of the Vuk’uphile Learnership Programme at a national level in the 2021/22 financial year with projects public bodies implemented more than R46.5 million.
  • R15.48 million was available for provincial road coordination support at a national level in the 21/22 financial year. Funding for the Provincial Roads programme is from the Provincial Roads Maintenance Grant (PRMG) and equitable share from provinces. Over R3.5 billion worth of projects were reported through the provincial roads programmes in the 21/22 financial year.
  • The Large Projects programme had R300,000 for coordination at a national level in the 21/22 financial year. Large projects worth more than R342 million were reported in the 21/22 financial year from different public bodies.
  • During 2021/22 financial year utilising own funding, public bodies in the Social, Environment and Culture and Non-State (CWP) sectors spent R4,5 billion, R3 billion and R889,904,599 respectively. The DPWI through the Implementation Agent, the Independent Development Trust (IDT), spent R797 975 370 of the NPO implementation allocation on participants’ wages in the 21/22 financial year.

c) With regard to the number of job opportunities created in each case;

• From the municipal infrastructure programme 88 462 work opportunities were reported in the 21/22 financial year.
• On the National Youth Service programme, 9,195 work opportunities were reported in the 21/22 financial year.
• For Vuk’uphile Learnership Programme, 618 work opportunities were reported during the 2021/22 financial year
• For Provincial Roads Programme, 134,340 work opportunities were reported on the EPWP reporting system by provincial roads departments in the 2021/22 financial year.
• For the 2021/22 financial year, 3,570 work opportunities were reported on the Large Projects programme from public bodies in the different spheres of Government.
• The number of work opportunities reported in the Social, Environment and Culture and Non-State (CWP) sectors was 163 928, 176 979 and 222 587, respectively. The Non-Profit Organisations program reported 100 212 work opportunities.

d) With regard to the duration of the contracts of the beneficiaries;

• Municipal Infrastructure projects in 2021/22 financial year had an average duration of 81 days.
• The average duration of work opportunities on the National Youth Service programme was 136 days in the 21/22 financial year.
• The Vuk’uphile learnership programme is implemented over a period of 2 to 3 years.
• Provincial Roads Programme recorded an average duration of 162 days for participants on projects reported by provincial roads departments in the 21/22 financial year.
• On the Large Projects programme, participants had an average duration of 101 days.
• The duration of contracts of the beneficiaries vary per sector, depending on the project duration. In the Social Sector in 2021/22 across all programmes, the average duration of work opportunities was 161 person days of work. The Environment and Culture sector provided an average duration of 77.8 person days of work while the Community Work provided an average of 34 person days of work.
• Due to the delayed start in the implementation of the NPO programme in 2021/22 financial year which resulted in a phased approach in October and November 2021, participants’ contracts were for six (6) and five (5) months ending in March 2022.

e) With regard to the conversion to permanent employment of EPWP participants;

• On the municipal infrastructure programme, there are no recorded statistics on conversation to permanent employment.
• On the National Youth Service Programme, 36 learners were permanently employed by contractors on the DPWI projects in the 21/22 financial year.
• The contractors in Vuk’uphile are not converted into permanent employment, however the training focusses on developing the emerging contractors such that they are better able to sustain their business.
• EPWP Participants on projects implemented under the Provincial Roads Programme are not converted into permanent employment but are capacitated through skills development for opportunities in the active construction labour market.
• On the EPWP Large Projects, there are no recorded conversion of participants into permanent employment.
• No formal reports in respect of conversion to permanent employment of EPWP participants were received from the implementing public bodies of the Social, Environment and Culture and Non-State sectors in 2021/22.
• Interestingly, a longitudinal study conducted by the EPWP Branch to determine the employment status of participants after their participation in the EPWP; the wave one of the study found that 21% of the participants that left the programme found employment elsewhere. This was confirmed by the Q1 2021 Quarter Labour Force Survey (QLFS) report which found that 22% of those that worked in the EPWP in the 2019/20 financial year and have left the programme found employment elsewhere after leaving the programme.

f) With regard to skills development that were undertaken in each programme;

• DPWI has to apply for funding to the National Skills Development Fund.
• On the municipal infrastructure programme, on-site training is conducted during project implementation which participant can then use it elsewhere when they exit the programme.
• Under NYS programme, the 9,195 participants in the 21/22 financial year undertook skills development (theoretical and practical training) in different artisan trades. There was also skills transferred to the general labourers who were employed in the projects.
• Contractors developed through the Vuk’uphile Learnership Programme are trained through Construction Education and Training Authority accredited training provider that offers them an NQF level 4 qualification called Supervision of Construction Processes. A total of 30 contractors were supported in the 21/22 financial year.
• A number of skills training courses and on the job practical training opportunities were given to participants on road construction and maintenance trades across all provinces during projects implementation.
• On the Large Projects programme, participants were provided with on the job training to be able to implement different activities on the infrastructure projects implemented.
• Training did not take place in respect of the Non-State sector NPO programme.
• The Social, Environment and Culture sectors reported 546 118 and 383 905 work opportunities with training days respectively across all sector programmes while the Non-State sector (CWP) reported 5 484 work opportunities with training.

Reply:

1. (a) I am informed as follows by the Department of Public Works and Infrastructure:

(i) Walter Sisulu Local Municipality (Gqeberha/PE Region):

The age analysis obtained from the Municipality as at 30 June 2022 reflects an outstanding amount of R 7.6 million, the engagements have commenced with the Municipal Manager and DPWI Senior Managers to verify and reconcile, after which DPWI will then make payment within 30 days of receipt of invoices. The amount owed is broken down as follows:

• • • DPWI accounts: R 5.2 million; and
    • Unknown accounts: R 2.4 million.

Unknown accounts are the accounts that do not belong to DPWI and the Municipality continue to bill DPWI.

Walter Sisulu Local Municipality (Umtata Region):

The age analysis obtained from municipalities as at 30 September 2022 reflects an outstanding amount R436 675.32. The amount owed relates to the current month billing for rates and taxes for 2022/2023 financial year (age analysis attached with the confirmation letter from the Municipality). The accounts outstanding are current and up to date.

DPWI does not pay annual property rates in advance but pays them programmatically on a monthly basis which is also applicable for Senqu Local Municipality. While municipalities may be reflecting the annual property rates as due and payable, and invariably overdue, there are few instances where invoices are not paid within 30 days.

(ii) Senqu Local Municipality:

As per the age analysis obtained from municipalities as at 31 August 2022 reflects an outstanding amount of R1.2 million broken down as follows:

• • • Municipal services: R415 217.25 (with R349 000 not yet allocated after the payment run).

R66 217.25 (R415 217.25 – R349 000) is part of the payment that cleared in September 2022 but not yet allocated.

• • • Property rates: R557 505.20 annual claim as outlined above for 2022/2023 financial year; and
    • Leased building: R231 285.33 long overdue lease rental accounts that is currently being investigated.

(2)

Walter Sisulu Local Municipality (Gqeberha)

#	User Department	Category	No. of Accounts	Mun. Services	Rates & Taxes	Arrear Amount
				R
1	Correctional Services	Known Accounts	4	627 431,55	1 985 255,02	2 612 686,57
2	Justice	Known Accounts	7	305 609,28	146 724,28	452 333,57
3	NDPWI	Known Accounts	10	0,00	561 410,18	561 410,18
4	SANDF	Known Accounts	6	0,00	76 882,58	76 882,58
5	SAPS	Known Accounts	18	72 898,77	902 687,41	975 586,19
6	Water Affairs	Known Accounts	34	0,00	510 348,50	510 348,50
7	Unknown		49			2 418 234,24
TOTAL	128	1 005 939,61	4 183 307,98	607 481,83

Walter Sisulu Local Municipality (Mthatha)

The Municipality has confirmed that the Mthatha regional office is up to date with the payments.

Senqu Local Municipality:

#	User Department	Category	No. of Accounts	Municipal Services
1	Correctional Services	Known Accounts	4	95 281,18
2	Justice	Known Accounts	4	55 980.99
3	labour	Known Accounts	2	9 850.2
4	SAPS	Known Accounts	12	188 569,69
5	Home Affairs	Known Accounts	2	65 535,19
TOTAL	24	415 217,25

• Rates and Taxes: R557 505.20 that relates to property rates for 2022/2023 financial year (See confirmation letter from the Municipality); and
• Leased building: R231 285.33 long overdue lease rental accounts that is currently being investigated.

 

(3)

Walter Sisulu Local Municipality (Gqeberha)

DPWI’s Gqeberha Regional Office has been in contact with the Municipality and a visit to perform an extensive reconciliation of the known accounts is arranged for 17- 21 October 2022. The objective is to conclude the reconciliation and settle the reconciled outstanding amount by the end of November 2022.

However, DPWI will only process the amount due upon the completion of the reconciliations and the submission of accurate invoices and supporting documents by the Municipality.

Notwithstanding the above, DPWI made payments of R 734 479, 41 for Rates & Taxes, and R 213 267, 43 for municipal services (utilities) during September 2022. This is a clear demonstration and continuous endeavours by DPWI to ensure that all valid invoices from municipalities – as it is with other creditors – are settled timeously.

Walter Sisulu Local Municipality (Mthatha)

DPWI has no arrear debt on municipal services and property rates and is busy with the current billing.

Senqu Local Municipality:

The Department’s Mthatha Regional Office will meet with the Senqu Municipality and perform an extensive reconciliation for the overdue amount relating to the leased building on 1 November 2022, to resolve and conclude the matter by 30 November 2022.

Reply:

The Minister of Public Works and Infrastructure

(1) The Department of Public Works and Infrastructure has informed me that it conducts an annual occupancy audit of the Parliamentary Villages, usually after all Client Departments have confirmed their Sessional Officials for the Parliamentary year.

(2) Sessional Officials are designated as Sessional for one Parliamentary year at a time.

(3) No, the Department informed me that it is not aware of such allegations, as no specific allegations have been brought to the Department’s attention. However, details of such allegations would be appreciated to ensure that they are investigated accordingly.

(4) The Department commenced the annual occupancy audit in mid-August 2022, and the process is expected to take three (3) months to complete. The biggest challenge experienced thus far is that tenants are not always in Cape Town all the time and that the exercise is completed primarily after hours as the primary tenant needs to confirm the occupant declared. There is the Parliamentary Programme, which also determines the Members’ availability at the residence.

 

Reply:

The Minister of Public Works and Infrastructure

1. I was informed that the Board of Trustees of the Independent Development Trust (IDT) resolved to sell the National Head Office building during a meeting that was held on 23 February 2022. The Board resolved to sell the building as there are office space challenges, plus structural and electrical issues affecting the building. The building is unsafe to be occupied by employees as it does not comply with the Occupational Health and Safety Act. The building also has high maintenance costs.

2. The sale of the building has not been advertised as yet. To do that, the IDT still needs to secure a Certificate of Compliance.

3. As stated in (2) above, the tender has not been advertised and has not been adjudicated. As such, (3), (a) (i) and (ii), and (b) fall away.

4. No, a new building has not been identified to house the staff from the Head Office and the Gauteng office; the advertisement for the lease of a new building was issued on 12 August 2022, and the procurement process is in progress.

(a) IDT does not have monthly leasing costs at this stage.

(b) As the procurement process is still underway, there is no cost attached to square metres at this stage.

(c) The date for relocation to the new building will be determined once the procurement process is finalised.

Reply:

The Minister of Public Works and Infrastructure

1. The Department of Public Works and Infrastructure has informed me there are 111 permanent workers and zero contract workers employed in the horticulture section of the Western Cape regional office.
2. The horticultural section services 58 properties.
3. Yes. One car, one 8-seater bus, one long wheel base bakkie and one 4x4 bakkie – it is important to note that this section also has access to other vehicles as and when required.

Reply:

The Minister of Public Works and Infrastructure

The Department of Public Works and Infrastructure (DPWI) informed me that no policy review document or any other government policy document has been submitted by the Department to structures outside of Government unless such was part of a policy development process in line with the approved Policy framework where a stakeholder matrix was developed with key stakeholders identified in advance in terms of their participation and contribution in the development of policy.

The Department follows government-based policy development processes. When a policy is developed and ready for consultation with stakeholders, the process follows approval from the Accounting Officer and/or the Executive Authority before engaging stakeholders. The Policy, Research and Regulation Branch is charged with the responsibility of assisting the Minister in the development of policy (e.g. legislation or regulations) in terms of the construction and property industries also align to policy development processes prescribed in the National Policy Development Framework (NPDF).

In the last five years, policies developed or reviewed were engaged in the prescribed format through gazetting for public comment. For instance, in terms of the Construction Industry Development Board (CIDB), regulations such as the amendment to the Best Practice Project Assessment Scheme were gazetted in September 2020 and in 2018, the CIDB adjusted range of tender values that were also gazetted. In such instances, members of society have access to these documents as they are public documents. With regards to the Expropriation Bill [B23-2020], on the other hand, the Department consulted with various government departments as part of developing SEIAS; and we have also engaged with the Ambassadors (Minister’s engagement) of different countries.

Therefore, apart from a standard and approved policy development process where relevant stakeholders are identified and consulted in different stages of the process, no policy document has been shared with structures outside of Government.

Reply:

The Minister of Public Works and Infrastructure

(1) The Department of Public Works and Infrastructure has informed me as follows:

(a) None

(b) None

(c) R 415 805,75

(2)

(a) Capital Ship Trading 605 (PTY) LTD

(b) The contract is a rate-based two (02) year term contract which commenced on 26/04/2021 for the protection of vacant state property within the jurisdiction of the PE Regional Office. The monthly rate for a single 12-hour shift per guard is R 13 860, 19. See the table below for security payments from April 2018 to September 2022.

INVOICE DATE	AUTHORISED DATE	AMOUNT
2021/11/15	2021/11/16	R83 161,15
2021/11/15	2021/11/16	R83 161,15
2021/11/15	2021/11/16	R83 161,15
2022/02/18	2022/02/21	R 83 161,15
2022/02/18	2022/02/21	R 83 161,15
Payments Made During 2021/2022 Financial Year	R415 805,75
INVOICE DATE	AUTHORISED DATE	AMOUNT
2022/04/05	2022/04/05	R83 161,15
2022/04/11	2022/04/11	R83 161,15
2022/05/10	2022/05/11	R83 161,15
2022/06/20	2022/06/27	R83 161,15
2022/07/11	2022/07/12	R83 161,15
2022/08/02	2022/08/03	R83 161,15
2022/08/31	2022/09/01	R83 161,15
Payments Made During 2022/2023 Financial Year	R582 128,05

(3) These are site plans issued to the previous contractor that was left behind when the site was vacated. These plans will be replaced with an updated set of plans when a new contractor is appointed to complete the project.

Reply:

The Minister of Public Works and Infrastructure

1. (a) The Department of Public Works and Infrastructure (DPWI) informed that a routine inspection of lifts in the various buildings at the Parliamentary Precinct was done on October 2020 by an independent lift inspector, which is a two-year inspection. However, every month, the DPWI conduct a 10-point service checklist. Due to the fire in Parliament, the client (Parliament) requested that we conduct another routine inspection which DPWI conducted in March 2022. The last 10-point service checklist was done at the end of August 2022.

(b) The due date for the next routine inspection by an independent lift inspector is in October 2022, and the due date for the 10-point service checklist is at the end of September 2022.

2. There is no overdue inspection of lifts

(a) Not applicable.

(b) The routine inspection by an independent lift inspector is due in October 2022, and the 10-point service checklist is due at the end of September 2022.

3. Two lift contracts are in place for the serving and maintenance of the lifts. One contract will expire in November 2022, while the other will expire in January 2023. The process of appointing the replacement contract for the next five years is underway.

Reply:

The Minister of Public Works and Infrastructure

(1) The Parliamentary Villages Management Board was appointed by the Minister on 26 November 2022

(a) The following Members represent Acacia Park;

• Hon H April, MP
• Hon B Tshwete, MP
• Hon T Letsie, MP
• Mr G Kobo, Sessional Official

(b) The following Members represent Laboria Park;

• Hon J Manganye, MP. The Member replaced the late Hon Nkosi, MP, who was the Laboria Park residents committee, chairperson.
• Hon R Semenya, MP
• Hon N Gantsho, MP
• Mr M Ndara, Sessional Official

(c) The following Members represent Pelican Park;

• Hon N Mvana, MP
• Hon P Mahlo, MP
• Hon Lesoma, MP

(2) Acacia and Laboria Park parliamentary villages are fully constituted. However, Pelican Park is not fully constituted as there is a vacancy for a sessional official.

(3)

(a) No, plans are afoot to convene a Board meeting at the beginning of October 2022, depending on the availability of Board Members.

The previous board appointed on 31 July 2020 met its threshold in that meetings were held as follows, 16 September 2020, 23 March 2021, 01 April 2021 and 07 June 2021.

(b) According to Rules, Conditions and General information, there is no threshold for residents' meetings.

Reply:

The Minister of Public Works and Infrastructure

(1) The Department of Public Works and Infrastructure informed me the final report is being compiled for the Phase 1 SIU lifestyle audit project. Phase 1 of the lifestyle audits is focused on salary levels 14 and above. During this first phase of lifestyle audits, 66 of the DPWI’s senior management personnel were subjected to lifestyle audits per circular no 03/221 TAU from DPSA. The draft reports are currently being reviewed, and follow-up areas are being identified. The report will be submitted to the Minister as soon as the Phase 1 report has been finalised.

(2) Several individuals have been red-flagged, and these red flags are being followed up to ensure a fair evaluation of the possible risk. Of great concern is that 11 officials did not submit any of the requested documentation, whilst another one submitted their documents after the final SIU deadline, meaning that 12 officials did not comply and could not be assessed. All of these individuals have been red-flagged by the SIU. They will be dealt with in line with the DPWI disciplinary policy, referred for further investigation and reported to DPSA per the lifestyle audit procedure.

Reply:

The Minister of Public Works and Infrastructure

(1) The Auditor General of South Africa (AGSA) findings were noted. In response, the Department of Public Works and Infrastructure (DPWI), through its KZN regional office, prepared a comprehensive report on actions taken and recommendations thereto, in consultation with the Directors General: Project Management Office and Facilities Management, which was submitted to the Director General and Head: Property Management Trading Entity (PMTE) dated 28 August 2022. The matter was also referred to the Labour Relations unit in the Department for further investigation.

In addition to the above, information was forwarded to the Special Investigative unit (SIU) as requested in a letter dated 30 August 2022. Both processes are still unfolding, and the outcome of both processes will guide any further action.

(2) To date, the Department has not paid any service provider for the refurbishment of infrastructure owing to the April storm damages, even though all work on infrastructure was finished months ago. The payments will be processed once the investigation report has been finalised.

Reply:

The Minister of Public Works and Infrastructure

(1) The Independent Development Trust (IDT) informed me that its Internal Audit did an audit on the Supply Chain Management process regarding this appointment; however, it was not substantive. There was no one found responsible. The report identified general weaknesses in the Supply Chain Management Processes.

(2) No consequences management was recommended, as no one was held liable. The report was inconclusive, and the Board at the time only noted the report and did not recommend any further action.

(3) The IDT advertised another tender, but it was withdrawn because the reconfiguration process needed to be approved first by Cabinet.

b) The reconfiguration process will result in a different organisational redesign, which will be dealt with once Cabinet approves.

c) 50 Officials were retrenched as an outcome of the then OD process.

(4)

a) All employees who participated in the Voluntary Severance Process were retrenched.

b) There is no discernible impact on the officials who left.

5. Yes, there is one case at Labour Court. IDT defended the matter and is awaiting court judgement.

Reply:

The Minister of Public Works and Infrastructure:

(1) I have been informed by the Council for the Built Environment that:

(a) the CBE does not have members that register with it like the Councils for the Built Environment (CBEP). It is an umbrella body charged with the mandate, among others, of promoting sound governance of the built environment professions and also in line with Section 3 (h) of its establishing Act, the Council for the Built Environment Act, 2000 (Act No. 43 of 2000):-

• serve as a forum where the representatives of the built environment professions may discuss the relevant—

(i) required qualifications;

(ii) standards of education;

(iii) training and competence;

(iv) promotion of professional status;

(v) legislation impacting on the built environment; and

(vi) ensure the uniform application of norms and guidelines set by the councils for the professions throughout the built environment.

(b) See table below

Name of the Council	2018	2019	2020	2021
ECSA	49334	57867	55730	61799
SACAP	9988	10982	11859	11790
SACLAP	282	330	374	403
SACQSP	4098	4422	4130	4454
SACPVP	5122	2075	1886	1894
SACPCMP	3207	6843	7367	11422
Total	72031	82519	81346	91762

(2)

Table 1: Number of Voluntary Associations Recognised by the CBEP

CBEP	Number of VAs Recognised	Number of VAs Not Recognised
SACAP	13	0
SACLAP	3	0
ECSA	51	0
SACPVP	3	0
SACPCMP	13	3
SACQSP	1	1

(Source: CBEP Fourth Quarter Report 2020/21)

Reasons for Non - Recognition of Voluntary Associations

• Do not meet the minimum requirements of the guidelines for recognition.
• CBEP await full compliance with requirements for recognition.

(3) There are no parallel professional structures in competition with the six Councils.

(4) None. (a) and (b) fall away.

Reply:

The Minister of Public Works and Infrastructure:

1. I have been informed that the Department has not yet advertised a request for proposal (RFP) to let out unutilised State-Owned properties due the following reasons:

• The National Treasury instruction to put procurement processes on hold delayed the formulation the bid specifications; and
• The bid specification was finalised in August 2022, and is currently with the bid adjudication committee for approval. Once approved, the RFP shall be advertised accordingly.

2. One unsolicited bid was received, however it could not be processed as an open bid. Procedures must be used to comply with section 217 of the Constitution.

3. The Department has not been informed about the extent of the damage, however the condition assessment shall be conducted to determine any damages and related costs.

4. The Department has initiated the process of safeguarding the property.

5. The property will be leased out as is or “voetstoots”. The lessee will be responsible to develop/upgrade/refurbish the property accordingly to their business interest.

Reply:

The Minister of Public Works and Infrastructure

(1)

(a) The number of officials suspended since 1 July 2021 is three (03).

(b) The names are as follows:

(i) Name	(ii) ages	(iii) job Profile	(iv) Official position
Ms Lydia Ludick	52	Payroll consultant	Payroll Consultant
Advocate Florence Mthenjane	61	HR Manager	Human Resources Manager
Mr Simon Matsoso	58	Programme Manager	Programme Manager

(3 The employees in question have been in the employ of the IDT.

(4) There was no pending disciplinary matter prior to the current disciplinary process. The employees are still in the employ of the IDT.

END

Reply:

The Minister of Public Works and Infrastructure:

(1) I have been informed by the Independent Development Trust (IDT) that the service provider completed the job as stipulated in the Terms of Reference, and the contract was for R3 997 36.00, not R4.2 million. The Organisational Development (OD) exercise was completed. The advertised tender was withdrawn in March/April 2022 as the IDT is currently undergoing a reconfiguration process with the assistance of DPWI.

(2) The service provider was in compliance with the Terms of Reference as advertised and as contracted.

(3) The service provider was tax registered and compliant at the time of appointment.

(4) The service provider performed the work as contracted. This included performing the skills audit and coming up with a new structure, including the final process of placement as per the deliverables. The process resulted in employees being placed accordingly, others competing for positions and also others taking voluntary severance packages (VSP). All these processes were the results of the OD process conducted and approved by the Board.

(5) Supply chain management appoints service providers on behalf of the organisation, and they duly have the authority to approve through the Chief Financial Officer (CFO) as per the relevant prescripts.

Reply:

The Minister of Public Works and Infrastructure:

a) I have been informed by the Department that it has

(i) 14 properties which falls under Walter Sisulu Local Municipality. Three in Jamestown and 11 in Aliwal North; and

(ii) 35 properties under Senqu Local Municipality. 11 in Barkly East, 4 in Lady Grey, 3 in Rhodes and 17 in Sterkspruit. See spreadsheet Annexure A attached.

(b) With regard to:

(i) Location; and (ii) use of each specified building, see details on the attached spreadsheet. Annexure A

Reply:

The Minister of Public Works and Infrastructure:

(1) I have been informed by the Council for the Built Environment that:

(a) From 2019 to 2020, the CIDB underwent an Organisational Design (OD) process, of which an independent service provider, Work Dynamics Pty Ltd, was commissioned to facilitate the exercise.

The OD looked at restructuring the organogram, salary structure, job grades, and job descriptions/profiles. The result was the reduction of the job grades from 24 to 16 levels. The service provider also recommended that the job profile of the position of CEO be redesigned and this was approved by the previous Board.

(b) To align more with CIDB strategy, the Board prioritised expertise and qualifications in the built environment as a construction regulator. A Master's degree was added as an advantage to include those with experience and relevant qualifications.

(2)

(a) The reason was to expand the talent pool and include designated groups comprising more people with living disabilities, women and youth. As a result, the Board resolved to modify the job profile to ensure it is user-friendly, straightforward, and appeals to a broader pool of talent.

(b) In terms of the CIDB Act, the Board of Directors is obligated to ensure that it implements resolutions in line with the organisation's strategic objectives. The decision to craft the requirements for the CEO position was taken into full consideration of these strategic objectives and to assert the CIDB in the Built Environment. An NQF8 qualification is a postgraduate qualification. The main difference is a move away from a general qualification such as MBA/MBL to a requirement for the incumbent to have a built environment qualification. The Board firmly believes that for the CIDB to remain at the cutting edge of the Built Environment, the person at its helm must have spent time in the Built Environment as an operational practitioner, with exposure to senior and executive management. That is if the CIDB is to continue playing a meaningful role in and transforming the Built Environment.

(3) Six candidates met all the requirements, including the added advantage of a Master's degree and were shortlisted accordingly.

(4) The appointed individual met the minimum requirements and exceeded them by possessing a Master's Degree, which he attained from the University of Cambridge.

Reply:

1. The Minister of Public Works and Infrastructure:

I have not attended any meetings outside the structures of the Government to determine the deployment of personnel in public sector positions.

2. N/A

Reply:

(1) (a) I have been informed by the Department that the total amount spent in Hout Bay as part of the Small Harbours Unit repair and maintenance initiative was R89.87 million.

(b) Details of the expenditure is as follows:

(i) The marine infrastructure upgrades included removal of sunken vessels, dredging of harbour basins, repairs to slipways, shore crane replacements and electrical kiosks to jetties and quays which equated to R57.88 million.

(ii) The land infrastructure upgrades included fencing of the harbour precinct, new harbour masters office, a new compliance building, new ablution facilities, upgraded fish flecking area, new guard houses, entrance control, internal fencing, CCTV and security apparatus which equated to R31.99 million

(2) Yes, plans are in place for the further development of Hout Bay Harbour in line with the Department’s Spatial and Economic Development Frameworks (SEDFs).

The SEDF allows for the phased development of Hout Bay Harbour with the aforementioned works completed under question 1 comprising of Phase 0 and a portion of Phase 1 of the SEDF. The outer phases i.e. Phase 1-3 comprise of the further development of Hout Bay Harbour by developing economic specific precincts in the harbour and include new multi-use buildings, marine support services, reconfiguring and adding of marine infrastructure, small-scale fishing facilities, harbour administration facilities and bulk infrastructure upgrades.

(3) There are 34 tenants currently occupying premises within Hout Bay Harbour.

(4) (a) There are 30 tenants currently on month to-month leases.

(b) There are 4 leases with remaining terms as per the below table:

No.	Property description	Contract lease start date	Contract Lease end date	Lease period	Remaining term
1	Lot 82	1 November 2001	31 October 2026	25 years	4 years and 2 months.
2	Lot 30A	1 July 1993	31 May 2030	26 years and 11 months.	7 years and 9 months.
3	Lot 13A	1 July 2004	30 June 2024	20 years	1 year and 10 months.
4	Lot 66A	1 December 2021	30 November 2026	5 years	4 years and 3 months

Reply:

The Minister of Public Works and Infrastructure

(1)

(a) I have been informed by the Department that due to challenges in addressing the maintenance and delays experienced by User Departments, especially in the ambit of Repairs, Refurbishment, Renovations and Replacements, certain maintenance functions were devolved to the User Department.

(b) Within the maintenance type, there is preventive maintenance, which comprises of interval or time-based approaches and condition-based, through inspections, testing and monitoring. The maintenance actions are servicing and maintenance actions. Within corrective maintenance, when there is a breakdown or failure, there will be a planned or emergency maintenance approach through repairs based on the condition and criticality of the assets. Minor non-technical or building maintenance was devolved to User Departments.

(c) The current interim increase in devolution, is R1 million per incident.

(d) Section 17(3) (a), of the Government Immovable Asset Management Act, IV read in conjunction with subsections 17(1) and 17(2) allows for the delegation of any powers or duties entrusted to the Minister, to any official in the employ of another organ of state and delegation of the accounting officer of a custodian or user may, in writing, delegate any powers or duties entrusted to him or her to any official in the employ of that custodian or user.

• • • Section 17(3)(a) the delegation as referred to in subsection (1) or (2) is subject to any limitations or conditions that the Minister or Accounting Officer may impose.

• • • As such there is an interim increase in delegation for Day-to-Day Maintenance for specific building works following written confirmation from the User Department. The conditions are:

• • • • The work to be carried out is absolutely necessary and is in aid of service delivery;

• • • • The User Department has the technical capacity and competency to carry out the Day-to-Day Maintenance for specific building works up to R 1 million;

• • • • DPWI will be indemnified from any work carried out by the User Department;

• • • • The User Department understands and will ensure that there will be a clear segregation of Opex and Capex work to ensure that there is compliance with all related prescripts

• • • • Review and revision of the service level agreement to accommodate this request between DPWI and the User Department.

Reply:

The Minister of Public Works and Infrastructure:

1)

(a) I have been informed that the Department has recalled all employees to function at 100% capacity to the office

(i) there are no employees currently working from home

(ii) no special permission was granted after the Departmental Circular 215 of 2022 based on DPSA Circular of 38 of 2022 Repeal of Regulations relating to the surveillance and control of Notifiable Medical Conditions

(iii) and (b) Fall away.

2) N/A

Reply:

The Minister of Public Works and Infrastructure:

I have been informed by the Department that Somerset West Community Corrections reports to or falls under Drakenstein Correctional Management, Franschoek Area and not the Department of Public Works and Infrastructure.

Reply:

The Minister of Public Works and Infrastructure:

With regard to resurfacing of roads, the National Department of Public Works and Infrastructure does not have a mandate, therefore this question should be referred to our sister department CoGTA.

Reply:

The Minister of Public Works and Infrastructure:

(1)

(a) I have been informed by the Department that based on the budgets allocated, a number of buildings have been prioritised in the Repairs and Maintenance Programme since 2019 that will contribute to addressing the maintenance backlog. Further, scheduled and unscheduled maintenance in various buildings is implemented via term contracts for preventative/corrective and corrective/reactive maintenance calls.

Table below indicates the expenditure that has been incurred on Repairs as well as Preventative and Corrective Maintenance:

YEAR	EXPENDITURE ON REPAIRS	EXPENDITURE ON PREVENTATIVE AND CORRECTIVE MAINTENANCE
2019/2020	R1 045 276 524	R 1 781 094 850
2020/2021	R 762 613 802	R 1 461 487 679
2021/2022	R 778 825 485	R 1 794 585 504

(b)

(i) The Department is focused on maintenance of existing immovable assets in pursuit of optimising the cost of service delivery and ensuring a dignified client experience are central to effective and efficient execution of maintenance. In line with the National Immovable Asset Maintenance Management Framework (NIAMM), maintenance is being prioritised first, with the implementation of preventative and condition-based maintenance for highly critical components with priority condition rating, proceeding to moderately and less critical components. Condition assessments have been institutionalised as part of the Strategic and Annual Performance Plans.

The Department has procured a Multi-disciplinary Technical Team to support with conducting condition assessments and development of maintenance plans. Aligned to this is the development of the condition assessments reporting templates and training of internal resources.

(ii) The Department has issued a term contract directive in 2021 with a minimum suite of contracts with a criticality criteria to ensure that there is a reduction in reactive maintenance and more corrective and preventative maintenance. The Department has rolled out the Total Facilities Management Contract in 2020 for three (3) pilot facilities. The Department has procured the DPWI TFM panel in 2021 and are anticipating rolling out 15 facilities for the 2022/2023 FY.

(aa) In line with the NIAMM Framework, maintenance is being prioritised first, with the implementation of preventative and condition-based maintenance for highly critical components with priority condition rating, proceeding to moderately and less critical components.

The budget availability and the client’s facility maintenance needs, allows the Department to offer the following:

• Facility Condition and Critical Components Assessments for which the Department has completed 301;
• Total Facilities Management Contract, comprising of hard and soft services;
• Comprehensive Term Contract, comprising of hard services in a single facility;
• Term Contract, comprising of maintenance of critical components in various facilities and;
• Corrective maintenance and reactive maintenance

(bb) There is continuous engagement with National Treasury and User Departments to close the funding deficit that each client has on their portfolio. The deficit is the difference between the full cost recovery (including property rates, maintenance and allowance for refurbishment) and what the clients are paying as a result of the devolved budgets. Leveraging these funds will avail funds for covering the full asset life-cycle costs. The DPWI has also devolved maintenance to User Departments to the value of R1 million.

(cc) In pursuit of the long-term strategy in the management of government properties, DPWI is introducing a Refurbish, Operate and Transfer (ROT) Programme to be implemented for DPWI’s High Priority Facilities. The programme is planned to be out in two phases with the first phase being a pilot project on at least five strategic facilities for the Proof of Concept (PoC) and the second phase being the long term roll out of the ROT Programme to the reminder of additional High Priority Facilities. The plan is to collaborate and form partnerships with the private sector, wherein the private sector will invest their resources to refurbish these facilities, operate these facilities for a period of twenty (20) to twenty five (25) years, including maintenance, and handover the facilities back to government after this period. The government will repay the private investor for the duration of the lease through the User Accommodation Charges collected from the Client Departments.

The five strategic facilities prioritised for the Proof of Concept are all in the City of Tshwane Metropolitan Municipality and they are:

• Telkom Towers Complex (3 buildings within the complex)
• Public Works House
• Civitas Building

The plan of the Department supported by ISA, is to go to the market through the Request For Interests (RFI) before the end of the second quarter, 30 September 2022.

(2) There’s no need for a statement as the questions have been answered.

Reply:

The Minister of Public Works and Infrastructure:

Background:

I have been informed that the department has an existing project, for upgrading of civil engineering services and sinkhole repairs in the vicinity of Radio Uitkyk. However this project is approximately One (1) kilometre away from Radio Uitkyk. The scope of work includes the upgrading of old subsurface piping to HDPE piping and rehabilitation of sinkholes as per the department’s specifications. The name of the contractor for this project is BhekuAngel Trading and Projects and the Consultant is IIifa Consulting Engineers.

a) The location of the site under this parliamentary question was not specific however, the department has the above mentioned project in the vicinity of Road Uitkyk. In this project, the trenches are opened and safely barricaded by the contractor to enable the contractor to carry out the scope of work. Upon completion of the scope of work, e.g. laying of HDPE piping, the trenches are subsequently closed. The trenches that were opened have been backfilled in the residential area in Tobias Street. The contractor is busy with the construction of ring beams, around the installed manholes and casting manhole covers for completion.

b) The department has appointed the Consulting Engineers and Occupational Health and Safety (“OHS”) Agent to restore all wayleaves immediately upon completion of the works. The detailed assessment of the status of the wayleaves is underway.

c) The appointed Consulting Engineers and OHS Agent are placed on-site to monitor the quality of work carried out by the contractor, under the supervision of the Project Manager. Any identified transgressions will be dealt with in terms of the provisions of the contract.