Questions and Replies

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11 April 2023 - NW1010

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Ceza, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs

(a) By what date will section 139(1)(c) of the Constitution of the Republic of South Africa, 1996, be invoked in municipalities such as the eMfuleni Local Municipality, where there are clear signs of political interference and (b) how will her department resolve the environment of fear of the supply chain official which has negatively affected the prospects for successful interventions?

Reply:

In terms of the Constitution (Section 139 and its subsections) the prerogative to intervene in municipalities is bestowed upon the Provincial Government, having assessed the municipal deficiencies in fulfilling its Executive Obligations. Such an assessment ought to establish ‘clearly’, amongst others, political interference as a factor.

To the extent that two interventions were invoked in Emfuleni local municipality, with another recently terminated, a close-out report is being prepared by the Gauteng Provincial Executive Committee, which should indicate the nature and extent of the challenges that remain, and the proposed plan to address those, and whether political interference is among the remaining challenges.

The Emfuleni intervention close-out report should likewise indicate progress made on instituting disciplinary processes, where evidence exist, on officials identified to have transgressed the prescripts governing municipalities, including the implementation of the investigation reports indicated during the Portfolio Committee visit.

End.

06 April 2023 - NW1057

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Joseph, Mr D to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether the Government held any discussions with the United Nations (UN) about the UN Declaration on Indigenous People; if not, (a) on what grounds did the Government enact the Traditional and Khoi-San Leadership Act, Act 3 of 2019 and (b) is the promulgation of the specified Act in line with the specified UN Declaration; if so, (2) whether there were any agreements made about indigenous people during the discussions; if not, what is the position in this regard; if so, on what date were the agreements arrived at? NW1167E

Reply:

1. Yes, the South African government participates annually in the United Nations Permanent Forum on Indigenous Issues (UNPFII) through representation by the Departments of Traditional Affairs and International Relations and Cooperation respectively. The implementation of the United Nations Declaration on Indigenous Peoples is a standing agenda item at the UN Permanent Forum which takes place every year. South Africa played a central role in the establishment of the United Nations Permanent Forum on Indigenous Issues (UNPFII) which came into existence on 28 July 2000, and a leading role in the negotiations of the United Nations Declaration on Indigenous Peoples (UNDRIP), a process that took 27 years and that culminated in the adoption of the Declaration in 2007.

The UNDRIP is considered the most comprehensive international instrument on the rights of indigenous peoples. It establishes a universal framework of minimum standards for the survival, dignity, and well-being of indigenous peoples. It further elaborates on existing human rights instruments and clarifies how they apply to the specific situations of indigenous peoples. However, the Declaration is a non-binding text, meaning that the Member States of the United Nations are not obligated to implement the declaration. Nonetheless, South Africa as a democratic State observes, protects, and promotes the rights of all the citizens including the Khoi and San.

2. Yes, South Africa participated in the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples held in 2014, which was attended by the Heads of State and government ministers. The main agreement was for States to take concrete action to achieve the ends of the UN Declaration on the Rights of Indigenous Peoples.

End

06 April 2023 - NW725

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Opperman, Ms G to ask the Minister of Cooperative Governance and Traditional Affairs

What is the total number of persons that her department reported to the SA Police Service for causing the high number of deaths of initiates in the past 10 years?

Reply:

Through the office of the Deputy Minister which played a significant role in encouraging and supporting families to report to the South African Police Services (SAPS) to open criminal cases against Izincibi and Amakhankatha who have kidnapped and taken the under-age children to Initiation school without parental concert and permission.

According to the information at the disposal of the Department, received from the Provinces by the National House of Traditional and Khoi-San Leaders (NHTKL), through the South African Police Services (SAPS) and the National Prosecution Authority (NPA) from the year 2012 to 2018, there were two hundred and forty (240) arrests in relation to initiation related casualties.

The Honourable member is requested to note that according to section 31(1) of the Customary Initiation Act, 2021 (Act No. 2 of 2021) principals of initiation schools concerned are responsible for reporting the deaths of initiates.

In this regard, section 31 of the Act provides that if an initiate dies while attending an initiation school, the principal of such school must immediately inform among others, the South African Police Service.

End

 

06 April 2023 - NW723

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Spies, Ms ERJ to ask the Minister of Cooperative Governance and Traditional Affairs

Whether she has any powers to take any measures against municipalities to deal with concerns around the appointment of officials under investigation and/or whose disciplinary processes have not yet been finalised by a previous municipal employer; if not, what is the position in this regard; if so, what are (a) her powers and (b) steps has she taken?

Reply:

Yes. If the Minister receives concerns about the appointment of municipal officials, section 106 of the Municipal Systems Act, 2000, as amended, (the Act) empowers the Minister to refer the concerns to the MEC for local government under whose jurisdiction the municipality falls for investigation and to make appropriate recommendations to the relevant municipal council.

a) nNotwithstanding the above, section 57A of the Act empowers the Minister to maintain a record of all staff members dismissed for misconduct and to make such record available to municipalities before they finalise their recruitment and selection proceses. Candidates shortlisted by municipalities are screened against the record kept by the Minister.

Sections 54A(8) and 56(6) of the Act prescribe that if a person is appointed as municipal manager or manager directly accountable to municipal manager in contravention of the Act, the MEC must within 14 days of receiving the appointment report take appropriate steps to enforce compliance by the municipal council with the Act, which steps may include an application to a court for a declaratory order on the validity of the contract, or any other legal action against the municipal council.The Act empowers the Minister upon becoming aware to take such appropriate steps if the MEC fails to take appropriate steps.

b) N/A.

End.

06 April 2023 - NW717

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Xaba-Ntshaba, Ms PP to ask the Minister of Cooperative Governance and Traditional Affairs

What key initiatives is her department undertaking with traditional leaders to strengthen support for local governance?

Reply:

Following the adoption of the District Development Model (DDM), the Department of Traditional Affairs developed a guideline on the participation of Local Houses of Traditional and Khoi-San Leaders in the DDM. The Department continues to use the guideline to support and promote the role of traditional leaders in the DDM. Secondly, the Department of Traditional Affairs and the National House of Traditional and Khoi-San Leaders (NHTKL) are finalizing a Memorandum of Understanding with the South African Local Government Association (SALGA) which will assist in strengthening and harmonizing relations between traditional leadership and municipalities. This is one of the resolutions taken at the Local Government Summit that was held last year.

Furthermore, Section 81 of the Municipal Structures Act has been amended to provide greater clarity on the participation of traditional leaders in municipal governance. Before the amendment, concerns were raised, among others, about the lack of specific provisions that would guide provinces to ensure effective implementation. Finally, the Department has also put in place Guidelines on the participation of traditional leadership in municipal lntegrated Development Planning) IDP processes, and these provide a simplified uniform approach for involving traditional councils in the planning processes of municipalities.

End.

06 April 2023 - NW335

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Mokgotho, Ms SM to ask the Minister of Cooperative Governance and Traditional Affairs

Whether she intends to put any intervention measures in place under the provisions of the Constitution of the Republic, 1996, to provide relief to residents of the City of Ekurhuleni Metropolitan Municipality who are currently experiencing delays regarding refuse removal; if not, why not; if so, what are the relevant details?

Reply:

The Portfolio Committee on Cooperative Governance and Traditional Affairs convened a meeting with the City of Ekurhuleni on the 2nd September 2022, to engage the Executive and Senior management on petitions, amongst which the matter of refuse removal was discussed. The Metro indicated their constraints (financial and tools of trade) towards sufficiently servicing communities on refuse removal, amongst other services. In response, a medium to long-term mitigation plan was tabled to remedy the situation, which would have been shared with the Portfolio committee.

Based on the details provided in the foregoing engagement, the nature and extent of these challenges generally, particularly refuse removal, there is no trigger for a Constitutional “intervention”. However, further to the mitigation plan that the City tabled, both National and provincial governments continue to implement the provisions of Section 154 of the Constitution, in the form of a Gauteng ‘Local Government Support Framework’ anchored around Multi-Disciplinary Regional Support Teams (inclusive of Sector Departments) and implementation of Regional Support Plans. This plan is monitored on an ongoing basis and reported to Cabinet as part of the State of Local Government report (SOLG) and the Portfolio Committee. End.

06 April 2023 - NW1079

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Mokgotho, Ms SM to ask the Minister of Cooperative Governance and Traditional Affairs

What (a) is the total number of employees of the George Local Municipality who have (i) faced disciplinary hearings, (ii) resigned and (iii) been dismissed from their jobs since the appointment of Dr Michelle Gratz and (b) reasons were given for their resignations, dismissals and disciplinary hearings?

Reply:

The total number of George Local Municipality workers who have gone through disciplinary proceedings, quit their jobs, or been fired since Dr. Michelle Gratz's appointment is not known to the department.

End.

06 April 2023 - NW154

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Mathulelwa, Ms B to ask the Minister of Cooperative Governance and Traditional Affairs

(a) On what date will the coronation of the amaXhosa King be held and (b) what are the relevant details in this regard? NW159

Reply:

The coronation of a King or Queen is the competence of the Royal Family concerned and government participates based on the invitation from the relevant Royal Family. At this point, the Department has not been informed of the coronation that the Honourable Member is referring to nor do we have any further details to that effect.

End

03 April 2023 - NW158

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Mokgotho, Ms SM to ask the Minister of Cooperative Governance and Traditional Affairs

What (a) intervention measures has her department put in place to assist the Bojanala Platinum District Municipality in fixing the road infrastructure of Ward 27 in Lethabong Township, which is in a shocking state, and (b) is the timeline and/or exact dates of the intervention? NW163

Reply:

a) Section 154 of the Constitution provides that the national government and provincial governments must support and strengthen the capacity of municipalities to perform their functions. The Department of Cooperative Governance (DCOG), through the Municipal Infrastructure Support Agent (MISA), provides technical support and builds the capacity of municipalities to effectively plan, deliver, operate, and maintain their service delivery infrastructure. MISA has to-date deployed 5 technical professionals, that includes 4 professionally registered built environment professionals, to support Bojanala Platinum District Municipality (BPDM) together with the local municipalities under its jurisdiction, in accordance with the District Development Model (DDM).

The Lethabong Township road in question is a district road that falls under the responsibility of the North West Department of Public Works and Roads Department (hereinafter known as the Department). The North West Provincial Route Number for Lethabong Road is D1344. MISA’s technical support to BPDM includes coordinating and monitoring the Department and all other implementing agents of infrastructure in the district to ensure successful completion.

b) It is a provincial road and the province appoint contractors. The project duration is estimated to be four (4) months.

End.

03 April 2023 - NW191

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Tarabella - Marchesi, Ms NI to ask the Minister of Cooperative Governance and Traditional Affairs

What are the details of the (a) destination and (b) total costs for (i) accommodation, (ii) travel and (iii) any other costs incurred for international travel of each (aa) Minister and (bb) Deputy Minister of her department since 1 June 2019; (2) what is the total cost incurred for domestic air travel for each (a) Minister and (b) Deputy Minister of her department since 1 June 2019? NW187E

Reply:

(1)

Designation

(a) Destination

(b) Total costs

(i) Accomodation

(ii) Travel

 (iii) any other cost

(i) Minister Dlamini-Zuma

Brazil, Ethopia, Benin, Angola and Botswana

R122 885,45

00

 

R122 145,45

R740

(iii) Deputy Minister

Indonesia,Kenya, Rwanda Malawi Germany

 

R527 766

 

R233 610

R294 156

None

(2)

Designation

Total incurred on domestic air travel

(a) Minister Dlamini-Zuma

R490 431,11

(b) Deputy Minister Nkadimeng

R340 680,40

 

End.

03 April 2023 - NW267

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Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether she, any organisation and/or association in which she has or had any interest of any kind and/or in which she exercises or exercised influence or control ever received a donation in money or in kind from a certain company (name furnished) and/or any company trading under the specified name and/or any person(s) (names furnished) and/or any other person who is or has been a director, associate and/or employee of the specified company and/or any company trading under the specified name; if not, what is the position in this regard; if so, (2) whether she has complied with all statutory requirements relating to the disclosure of each such donation; if not, why not; if so, what are the relevant details? NW271E

Reply:

Since the query is being posed in her individual capacity, it should be directed to the Minister in the Presidency for Women, Youth, and Persons with Disabilities.

End.

03 April 2023 - NW268

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Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

Whether she and/or any member of her department has met with any representative of any public and/or private company, non-profit company, association and/or organisation in the tobacco industry and/or a company with an interest in public policy related to the import, export, distribution and/or control of tobacco-related products since her appointment as Minister of Cooperative Governance and Traditional Affairs; if not, what is the position in this regard; if so, (a)(i) on what date and (ii) where each such meeting occurred, (b) who was present at each meeting, (c) at whose request did each meeting take place and (d) what was discussed at each meeting?

Reply:

For the reason that the question is being posed in her individual capacity, it should be aimed to the Minister in the Presidency for Women, Youth, and Persons with Disabilities.

End.

03 April 2023 - NW271

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Horn, Mr W to ask the Minister of Cooperative Governance and Traditional Affairs

What (a) has been found to have caused the explosion of the municipal electrical substation situated on the corner of Rooispan Street and Klaradyn Avenue in Bloemfontein on 13 December 2022, which caused an electrical outage in the area lasting more than 92 hours and (b) steps have been taken to prevent a re-occurrence?

Reply:

(a ) Root Cause Analysis. The root cause of the prolonged power failure in Pellissier was the insulation failure of the 3 x single core cables constituting the 11kV blue phase cables connecting the 11kV side of transformer no.1 to the 11kV switchgear. The 11kV fault on the Oberholzer feeder only aggravated the matter but it was cleared without any damage to the cable feeding Oberholzer feeder from Pellissier DC.

(b ) Steps taken to prevent a re-occurrence

The 2 x 33/11kV transformers were tested and they tested clean at Pellissier DC. The 33/11kV Transformer no. 2 was re-energized and all load was taken by 14h30 on Saturday, 11th of November 2022. This was with the exception of the faults experienced at the Bitterbessiebos substation, Vierperdewa, and Lantern miniature substations.

 

The 33kV circuit breaker on Transformer 1 at Pellissier DC was badly damaged. This circuit breaker is being replaced with the 33kV circuit breaker that was utilized for the 33kV General de Wet feeder. The cable on that feeder has been out of commission for an extended period of time. The 33kV circuit breakers are old and they will be replaced when the 33kV Switchgear bid is appointed for.

The Protection on the 33/11kV Transformer no. 1 at Pellissier DC is currently being upgraded with Numerical Protection Relays so that it can be of the same technology as the 33/11kV Transformer no. 2. This transformer will be out of commission until the upgrades are completed.

Pellissier DC is currently carried by the 33/11kV Transformer no. 2 and the loading on the transformer is in order. The damaged NER was replaced, and the replacement NER is now connected and hot commissioned. Pellissier DC is now stable, and the redundancy will be regained when the 33/11kV Transformer no. 1 is back in service.

End.

03 April 2023 - NW273

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Horn, Mr W to ask the Minister of Cooperative Governance and Traditional Affairs

What are the reasons that the administration and intervention team that she deployed to the Mangaung Metropolitan Municipality (a) has not ensured that bulk water and electricity supply provided by Bloem Water and Eskom respectively have been paid up to date on 31 December 2022 and (b) has not ensured that the 2021-22 Annual Report, including the Auditor-General’s report for the same period, was tabled before Council on or before 31 January 2022?

Reply:

a) There are several reasons why the Mangaung Metro has not been able to service it’s water account with the Bloem Water entity which amongst others are as follows:

The current tariffs and charges levied by Bloem Water are not affordable and the municipality is therefore not able to sustainably service the account. The current revenue collection rate for water services is not sufficient to service the Bloem Water account.  In addition, funding needs to be prioritized for operational expenditure in relation to water services provided by the Metro.

Outstanding debt from residents and underpayment by government departments. Department is assisting the municipality with cost of supply study on water services, which will assist the municipality to design tariff setting and to have cost reflective tariffs. 

The Centlec entity has continued to pay it’s Eskom current account despite the challenges of the 15 days as opposed to 30 days payment arrangement. It is worth noting that payment of the Eskom account is made beyond the 15 days due to a number of reasons viz.

Mangaung metro is a rural metro and cannot sustain 15 days payment period from Eskom.

The Eskom bill includes 24 hours billing including unserved energy which still requires payment during loadshedding.  This matter has been brought to Eskom’s attention and a request made to offset unavailability of the supply from the billing. The Centlec entity suffered from 208 days loadshedding, like all other municipalities in the country during 2022. Table 1 below shows the statistical real- time data. The technical, operational, and monetary impact of on-going loadshedding results in increased expenditure to maintain the electrical infrastructure network , despite  the increasing monthly Eskom bill Table 1 below illustrates the financial impact relating to the cost of loadshedding from January 2022 to December 2022 with a total of 497.50 hours of loadshedding which is equivalent to a monetary cost factor of R 85 754522.81.

This significant impact should be apprehended in the monthly bulk Eskom account bill, however at this stage the figures below exclude the vandalism to   infrastructure, theft of cables during loadshedding that impacts on the revenue collection.

The replacement cost of vandalism and theft to electricity infrastructure impacts on revenue collection and increases the repairs and maintenance budget which is not funded and results in prolonged outages because of loadshedding. A task team has been established between CENTLEC and Eskom to find amicable solutions towards resolving the payment of outstanding debt.  

 

7. MONTHS

LOADSHEDDING 

 

EVENTS (DAYS)

DURATION (HOURS)

COST (R)

JANUARY 2022

               -   

                     -   

                        -   

FEBUARY 2022

            6.00 

               15.00 

      2,905,715.78 

MARCH 2022

            7.00 

               17.50 

      4,664,129.65 

APRIL 2022

          10.00 

               25.00 

      4,177,189.10 

MAY 2022

          26.00 

               65.00 

      8,561,435.34 

JUNE 2022

          11.00 

               27.50 

      9,823,477.93 

JULY 2022

          22.00 

               55.00 

    11,189,281.51 

AUGUST 2022

            7.00 

               17.50 

      2,276,111.96 

SEPTEMBER 2022

          24.00 

               57.50 

    14,880,366.46 

OCTOBER 2022

          27.00 

               67.50 

    10,837,806.41 

NOVEMBER 2022

          30.00 

               75.00 

      7,652,835.94 

DECEMBER 2022

          30.00 

               75.00 

      8,786,172.74 

TOTAL FOR PERIOD

        200.00 

             497.50 

    85,754,522.81 

         Table 1:  Cost of Loadshedding

(b)       Due to changes in the political leadership of the Mangaung Metropolitan Municipality, the Council meeting scheduled for 31 January 2023 did not take place to approve the 2021/2022 Annual Report and Auditor General’s Report.  These reports were however tabled and approved during the Council meeting held on 13 February 2023.

End.

03 April 2023 - NW278

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Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

With reference to every court case in which she has been cited or joined as a party in her capacity as Minister of Cooperative Governance and Traditional Affairs, (a) on what date was each case initiated, (b) by whom was each case initiated, (c) what was the nature of each case, (d) what have been the legal costs payable by the Government in each case to date and (e) what was the outcome of each case?

Reply:

Given the fact that the Minister is cited or joined in court cases in her official capacity, and that capacity covers even the period before she was appointed as the Minister of Cooperative Governance and Traditional Affairs, it is recommended that Honourable member clarify for which period and whether he is referring to:

  1. every court case that was initiated since the Ministry of Cooperative Governance and Traditional Affairs was established; or
  2. every court case that was initiated since she was appointed as the Minister of Cooperative Governance and Traditional Affairs; or
  3. every court case that was initiated during any other period which the Honourable member may so choose.

End.

03 April 2023 - NW292

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Buthelezi, Ms SA to ask the Minister of Cooperative Governance and Traditional Affairs

Whether, given that in the State of the Nation Address on 9 February 2023, the President of the Republic, Mr M C Ramaphosa, noted that 163 out of 257 municipalities are dysfunctional and/or in distress due to poor governance, ineffective and corrupt financial and administrative management and poor service delivery and considering that this is not new information, she will furnish Ms S A Buthelezi with a detailed overview of how her department has capacitated the 163 municipalities as per the recommendations issued by the Auditor-General of South Africa in the Consolidated General Report on the Local Government Audit Outcomes for 2020-2021; if not, why not; if so, (a) what are the consequences faced by the municipalities that do not implement the specified recommendations and (b) by what date will the specified overview be furnished?

Reply:

In responding to the question, it is important to first contextualise the widespread and sometimes inaccurate use of the term municipal dysfunction. Municipal dysfunction refers to a situation where a municipality is not functioning as it is supposed to and the discharge of a municipality’s constitutional responsibilities is impaired for some or other reason. However, there are various degrees of municipal dysfunction ranging from dysfunction which is less serious or temporary in nature requiring only appropriate support to rectify and dysfunction that implies a full-blown crisis in the financial and service delivery affairs of a municipality warranting intervention. Often, the use of the term “municipal dysfunctionality” is construed to mean that a municipality is in crisis which is not necessarily the correct interpretation.

The 165 municipalities referred to by the President in his State of the Nation Address, are municipalities that the National Treasury has identified in its annual municipal financial health assessment to be in financial distress. This means that according to the 13 indicators used by the National Treasury to measure the financial health of municipalities based on their audited financial statements, these municipalities are showing signs of existing, recurring and/or potentially serious financial problems. Again, this should not be construed as a necessary crisis in the municipality’s financial affairs.

The assessment is just one of the many early warning systems developed by the National Treasury to indicate where problems are emerging in a municipality’s financial health and if used proactively as early warning systems should be, to avoid these problems from morphing into a financial crisis. This results of this annual assessment should be interpreted alongside many of the in-year monitoring systems already institutionalized by the National Treasury including the monthly S71 reporting process. The National Treasury also publishes on a quarterly basis municipal performance indicators outlined in Section 138 and 140 of the MFMA. S138 indicators are used to indicate “serious financial problems” in a municipality whilst S140 indicators refer to a “financial crisis”. Serious financial problems should ideally be addressed via a discretionary financial recovery plan prepared by the respective province whilst financial crises require that the Provincial Executive Committees institute a mandatory intervention in terms of Section 139(5) of the Constitution and imposes a financial recovery plan on the municipality.

In terms of the delegation of responsibility, the National Treasury shares the responsibility for the oversight of municipal finances with the Provincial Treasuries. The role of the National Treasury is to develop the policies, regulations, norms and standards required to improve financial management and reporting in municipalities and the National Treasury is also responsible for directly monitoring the performance of the 17 largest municipalities responsible for 80 per cent of municipal expenditure. The remaining 239 municipalities are monitored by the respective Provincial Treasuries.

The role of the Provincial Treasury is to implement S213 of the Constitution and to assist the National Treasury in enforcing compliance with the measures established in terms of S216 of the Constitution and chapter 2 of the Municipal Finance Management Act (no: 56 of 2003 as amended).

Apart from the development of early warning systems which help municipalities to identify the extent of their financial problems where they exist, there are several other support initiatives which the NT has focused on to strengthen and enforce transparency, improve fiscal discipline and promote the better use of municipal revenue. These include initiatives focused on improving budget compliance, such as the Municipal Budget and Reporting regulations which aim to standardize the format of municipal budgets, the adoption of a realistically funded and credible budgets by municipalities, integration and management of the revenue value chain, providing technical support to build municipal financial management capacity through the Municipal Finance Improvement Programme (MFIP), resolution of municipal financial problems through the development of financial recovery plans, the introduction of a Standard Chart of Accounts for municipalities (mSCOA) and processes to deal timeously with financial misconduct and consequence management.

National and Provincial Treasuries also engage municipalities annually through budget and benchmark engagements where the tabled budget is subjected to a rigorous assessment prior to adoption by the municipal council.

There are also mid-year performance assessments which provide an opportunity to assess the financial and service delivery performance of the municipality against the adopted budget and effect the necessary adjustments. National Treasury also enforces compliance in terms of s18 of the Municipal Finance Management Act by ensuring that any municipality who adopts an unfunded budget must develop a credible funding plan which seeks to gradually improve the financial position of the municipality and achieve a funded budget status. The implementation of these funding plans is monitored on a quarterly basis by the Treasuries.

End.

03 April 2023 - NW322

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Madokwe, Ms P to ask the Minister of Cooperative Governance and Traditional Affairs

Whether, given the reports of terrible roads, particularly in the rural areas of the Eastern Cape, her department intends intervening under the provisions of the Constitution of the Republic, 1996, to ensure that the funds that were allocated will be used to fix (a) all roads and/or (b) only a small number of roads; if not, (i) what is the position in this regard and (ii) how will residents of the specified areas go about ensuring that their own roads are in good condition; if so, what are the relevant details?

Reply:

Funding for the construction of municipal roads is usually secured through the Municipal Infrastructure Grant (MIG). Fixing of roads within municipalities is generally funded through municipal own resources and the Equitable Share allocation. As the roads infrastructure asset continues to grow / increase, there is need to increase the budgeting and funding for the repair and maintenance and minor upgrades of all rural / municipal access roads and related infrastructure.

Some / most municipalities have own plant and equipment and labour to undertake most of their Operations and Maintenance (O&M) requirements. Due to limited funding and sometimes due to heavy rains the roads infrastructure deteriorates faster than planned thereby forcing respective municipalities to re-prioritise their maintenance plans and sometimes delay the same as resources would be channelled towards critical interventions. There is no reported under-expenditure of O & M funds within municipalities. Certain municipalities have even applied for re-prioritisation of capital expenditure grants to undertake urgent O & M activities to alleviate the O & M backlog challenges.

End.

03 April 2023 - NW327

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Tito, Ms LF to ask the Minister of Cooperative Governance and Traditional Affairs

Whether she has any powers to provide for the safety and security of community halls all over the Republic, which are increasingly becoming vandalised and dilapidated; if not, what is the position in this regard; if so, (2) whether she intends using these powers; if not, why not; if so, what are the relevant details? NW342E

Reply:

  1. No, the Minister does not have the powers referred to in the question. These are competencies of the South African Police Service and the municipal police service, where applicable, as contemplated in section 205 of the Constitution read with sections 13, 14, 64E and 64F of the South African Police Service Act, 1995 (Act No.68 of 1995).
  2. N/A. 

End.

03 April 2023 - NW333

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Mogale, Mr T to ask the Minister of Cooperative Governance and Traditional Affairs

How is her department working with local communities to provide relief and support to the communities affected by the floods?

Reply:

The national Disaster has been declared on floods. In providing relief and support to the communities affected by floods, governmnet has activated a working Special Intergovernmental Committee on Disaster Management to provide support and relief to the affected communities. Teams comprising national, provincial and local spheres of government have been assessing the damage and providing emergency support in the form of shelter, food, blankets and other essentials.

The department is working with local communities through relevant organs of state and structures as per the existing arrangements. The department through the National Disaster Management Centre (NDMC) has activated the National Joint Floods Coordination Committee (NJFCC) for coordination and collaborative efforts by relevant organs of state with the legislated mandate to provide relief and support to the communities affected by the floods. The NDMC analyses reports received from Provincial Disaster Management Centres (PDMCs) and facilitates mobilisation of resources from relevant organs of state as well as advises on the communities where interventions and relief and support are required.

We focus on immediate humanitarian relief, ensuring that all affected persons are safe and that their basic needs are met. We focus on stabilisation and recovery, rehousing people who have lost homes and restoring provision of services. We focus on reconstruction and rebuilding. An immediate task is to house those people who have been displaced by the floods.

End.

03 April 2023 - NW505

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Buthelezi, Ms SA to ask the Minister of Cooperative Governance and Traditional Affairs

Whether, with the recent heavy rains that have once again wreaked havoc, damaging infrastructure, roads, and homes across the Republic and at least four persons having been swept away by overflowing rivers in Gauteng, while at least four lives were claimed by floods in Mpumalanga since the rains began, her department has ensured that all municipalities have disaster management plans in place; if not, why not; if so, what are the relevant details of her department’s involvement in the implementation of the plans?

Reply:

a) The Act in Sections 52 and 53 respectively, places explicit responsibility on all organs of state as well as all municipalities across the Republic for the development and implementation of disaster management plans. It is a legislative requirement that once developed, these plans must be submitted to the NDMC. The Minister of Cooperative Governance and Traditional Affairs (COGTA) through the NDMC within the Department of Cooperative Governance (DCOG) does all that she can to ensure that all municipalities have disaster management plans in place. The table below depicts the status on disaster management plans submitted to the NDMC by the Metros, Districts and local municipalities, to date:

TYPE OF MUNICIPALITY

NUMBER OF DM PLANS SUBMITTED.

 

NUMBER OF DM PLANS STILL NOT SUBMITTED

Metros

7

1

District

40

4

Local

68

137

TOTAL: 115

142

b) On receipt of the disaster management plans from municipalities, the NDMC performs an assessment to ensure compliance and the practicality of their implementation within the respective areas of their municipal jurisdiction. Frequently, the assessments reveal that most, if not all the plans assessed, were developed long before the guidelines on the “development and structure of a disaster management plan” were developed and published in 2017. The NDMC in its 2022/23 financial year Operational Plan, implemented jointly with the PDMCs, a project on stakeholder consultative workshops on the development and implementation of disaster management plans and guidelines on the integration of DRR measures into municipal IDPs in all 9 provinces. These workshops included sourcing of inputs from stakeholders to enhance the process to develop the Support Plan on the development and implementation of risk-informed disaster management plans by municipalities. Once approved by the Head of the NDMC, the guideline and the Support Plan will in the new financial year (2023/24) be piloted in 2 municipalities. These sessions also included a segment on Impact-Based Early Warnings to educate and remind all provincial stakeholders on the need to understand the different warnings levels and what should be done once the warnings are issued. It is about “Early Warning, Early Action” to safeguard lives and livelihoods within communities.

The NDMC continues to execute its legislative obligations by facilitating the promotion of an integrated and coordinated system of disaster management among national, provincial and local government, statutory functionaries and other role players involved in disaster management.

End.

03 April 2023 - NW460

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Alexander, Ms W to ask the Minister of Cooperative Governance and Traditional Affairs

What (a) is the salary of each (i) chief executive officer and (ii) top executive position in each state-owned entity reporting to her and (b) total amount does each get paid to attend a meeting?

Reply:

Municipal Infrastructure Support Agent (MISA)

a) Salary of:-

  1. Chief Executive Officer (R 2 068 458)
  2. Deputy Director-General: IDMS (R1 765 512)

Deputy Director-General: TSS (R1 590 747)

b) None of the above members are paid to attend meetings.

Municipal Demarcation Board (MDB)

  1. Salary of:-
  2. Chief Executive Officer = R1,661,293.40.
  3. Chief Operations Officer = R1,518,715.20

Chief Financial Officer = R1,453,467.12

Executive Manager: Corporate Services = R1,330,516.44

  1. None of the above members are paid to attend meetings.

South Africa Local Government Association (SALGA)

a) Salary of:-

  1. Chief Executive Officer – Vacant
  2. Chief Officer – MF FP and Economic Growth - Vacant

Chief Operating Officer – R 2 775 127.52

Chief Financial Officer – R 2 083 302.48

Chief Officer: Municipal Governance and Capabilities – R 2 255 708.40

Chief Officer: ID STS and Sustainability – R 2 166 217.56

Chief Officer: Human Capital and Corporate Services – R 2 013 400.36

Chief Digital Officer – R 1 824 597.72

b) None of the above members are paid to attend a meeting.

South Africa Cities Network (SACN)

a) Salary of:-

  1. Chief Executive Officer – R 2 902 639,34
  2. Executive Manager: Governance and Strategies – R 2 005 284.00

Executive Manager: Programmes and Researches – R 2 005 284.00

Executive Manager: Finance and Corporate Services – R 2 005 284,00

b) None of the above members are paid to attend a meeting.

CRL Commission

a) Salary of:-

  1. Chief Executive Officer – R 1 347 606
  2. Chief Financial Officer – R 1 302 102

Senior Manager 1 - R 1 226 817

Senior Manager 2 - R 1 138 800

b) None of the above members are paid to attend a meeting.

End.

03 April 2023 - NW334

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Mogale, Mr T to ask the Minister of Cooperative Governance and Traditional Affairs

What steps have been taken to improve (a) infrastructure and (b) emergency response systems in high-risk flood zones?

Reply:

a) MISA is assisting municipalities in developing or reviewing the Spatial Development Frameworks (SDFs) and Land Use Plans which incorporates the review of the high flood lines and prohibiting future construction of infrastructure in flood prone areas, and wetlands. This minimises the risks of flood damage to infrastructure.

b) The NDMC is strengthening its collaborative agreement with the South Africa Weather Service to improve on early warnings and early actions in the provinces and municipalities to safeguard communities against the recurrence of flooding incidents and damages.

End

03 April 2023 - NW336

Profile picture: Mokgotho, Ms SM

Mokgotho, Ms SM to ask the Minister of Cooperative Governance and Traditional Affairs

Whether her department intends taking any intervention measures under the provisions of the Constitution of the Republic, 1996, to assist the community of Siyahlala Informal Settlement in the Western Cape, which has been struggling without basic service delivery for a prolonged period of time; if not, why not; if so, what are the relevant details?

Reply:

The Western Cape is home to multiple Siyahlala Informal Settlements. In order for the department to investigate and respond, it is advised that the Honourable member make it clear for which town or municipality the informal settlement in question is situated.

End.

03 April 2023 - NW413

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Shaik Emam, Mr AM to ask the Minister of Cooperative Governance and Traditional Affairs

Whether she intends introducing a more credible and transparent procurement process for her department located in all spheres of the government, particularly at local government, by publishing all contracts awarded, the names of the successful bidders, the value of the contract, the itemised billing so that the communities are aware of all successful bidders in order to deal corruption, looting and a monopoly by service providers a death blow; if not, why not; if so, what are the relevant details?

Reply:

The department of Cooperative Governanve follows a credible and transparent procurement process as it publishes all awarded bids in the eTender Portal administered by National Treasury and as well as on the departmental website. The pubilcation includes the names of successful bidders and the value of contract. 

Similarly, the procurement in the local government is guided by Municipal Finance Management Act and Procurement Regulations issued and administered by the National Treasury. It compels the Municipalities to publishing all contracts awarded, the names of the successful bidders and he value of the contract.

End.

03 April 2023 - NW1

Profile picture: Groenewald, Mr IM

Groenewald, Mr IM to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether, with reference to her reply to question 4311 on 6 January 2023, persons who are appointed as engineers at municipalities countrywide, but are not registered with the Engineering Council of South Africa receive the same remuneration packages as registered engineers; if not, at which salary level are they being remunerated; if so, on what legislative provisions do municipalities rely in doing so; (2) whether she will make a statement on the matter?

Reply:

1. In a municipality, the salary of an engineer appointed as the municipal manager or as a manager directly accountable to the municipal manager is determined in accordance with the Notice issued by the Minister for Cooperative Governance and Traditional Affairs published in the Government Gazette No. 43122 on 20 March 2020. The Notice determined the upper limits of the total remuneration packages payable to municipal managers and managers directly accountable to municipal managers. According to the Engineering Professionals Competency Framework in the Local Government: Municipal Staff Regulations dated 20 September 2021 published in Gazette No. 45181 (herein after referred to as Municipal Staff Regulations), a Department Head should meet Level 5 requirements of having a relevant Bachelor of Engineering (BEng) or Bachelor of Science (BSc) Engineering Degree and be eligible for registration as a Professional Engineer.

The upper limits as determined in the Notice vary greatly from lower values for municipal categorisation 1 mainly for rural low-income municipalities to higher values for municipal categorisation 10 mainly metropolitan municipalities as shown on the Table 1 below.

Municipal categorisation

Minimum

Maximum

10

R2 055 005

R3 147 538

1

R815 063

R996 188

This leads to discrepancies of salaries earned by engineers in different municipalities with different categorisation irrespective of professional registration. A professionally registered engineer in a municipality with categorisation 1 may earn less than some senior engineers not professionally registered, but eligible, in a municipality with categorisation 10.

The salaries of other engineers who are not accountable to the municipal manager is dealt with, as provided for under clause 59 of the Municipal Staff Regulations, in terms of the collective agreement concluded by the South African Local Government Bargaining Council (SALGBC). The three parties to SALGC are the South African Local Government Association (SALGA), the South African Municipal Workers Union (SAMWU) and the Independent and Municipal Allied Union (IMATU). The SALGBC Task Wage Rate Collective Agreement of April 2010 provided the grades, called Task Grades, as per Table 2 below.

Task Skills

Task Grades

1

Basic

1 to 3

2

Discretionary

4 to 8

3

Specialised

9 to 13

4

Tactical

14 to 18

5

Strategic

19 to 26

 

According to eThekwini Metropolitan Municipality (EMM) which is a high-capacity municipality, in EMM posts are graded and remunerated based on their job content, scope of work and grade as follows:

  • Candidate Engineer as Task Grade(T) 13
  • Engineer as T14
  • Senior Engineer as T15
  • Chief Engineer as T16

In EMM, all levels (T13 to T16 above) are required to be registered with the Engineering Council of South Africa (ECSA) with the Candidate Engineer level requiring eligibility for registering. At Senior Engineer level upwards, professional registration is a pre-requisite and a Scarce Skills Allowance is provided. Furthermore, at EMM, the term Engineer is not used generically for engineering personnel. A post designated as an Engineer is for those with a Bachelor of Science (BSc) qualification in the respective discipline and professional registration with ECSA. It is worth noting that the salary scales do overlap for example an official on T13 may earn more than another on T14, and one on T15 may earn more than another on T16 depending on their respective years of experience.

There is no uniformity across municipalities because of a number of reasons that include the different categorisation mentioned above as well as different powers and functions. As a result, engineers appointed in different municipalities will not be necessarily on same Task Grades nor same salary scales.

2. No statement will be made. The Minister promulgated the Municipal Staff Regulations setting uniform standards and guidelines for all municipal staff in the Government Gazette No. 45181. The regulations took effect on 1 July 2022.

End.

03 April 2023 - NW11

Profile picture: Shaik Emam, Mr AM

Shaik Emam, Mr AM to ask the Minister of Cooperative Governance and Traditional Affairs

In light of the fact that local government appears to be in a state of collapse as a result of dysfunctional municipalities, municipal coalitions that are collapsing and political parties that prioritise their own interest and are at loggerheads with each other, thereby impacting negatively on budget and the delivery of services, (a) how does her department intend to address the collapse of coalition municipalities and (b) what measures has her department put in place in this regard?

Reply:

a) To address the challenges, the Department has discussed this matter with various stakeholders including the South African Local Government Association, provincial Departments responsible for local government. A framework, including amendments to the Local Government: Municipal Structures Act No. 117 of 1998, is presently being developed to address the challenges.

b) NIn this regard various measures are in place, the Department is presently finalising the Code of Conduct for Councillors Regulations, which is aimed at addressing the issues around walk-outs during council meetings. While the matter around walk-outs are not unique to councils in coalition arrangements, this intervention will assist in ensuring that meetings proceed and council operations are not stalled. Coupled with that intervention, the Department will continue to support municipalities in terms of section 154 of the Constitution.

End.

03 April 2023 - NW55

Profile picture: Brink, Mr C

Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

Whether the Government has a detailed disaster management plan in place in the event that the risk of a total collapse of the national electricity grid occurs, in which there will be a complete and prolonged electricity outage affecting Eskom; if not, by what date will such a plan be in place; if so, (a) what are the different steps that will be taken in terms of such a plan, (b) what events will prompt each of the specified steps and (c) who are the role players that will be responsible for each step? NW55E

Reply:

The Energy Action Plan was developed through extensive consultation and endorsed by energy experts as providing the best and fastest path towards energy security. Schedule 2 of the Electricity Regulation Act has been amended to remove the licensing requirement for generation projects, which will significantly accelerate private investment. Since the licensing threshold was first raised to 100 MW, the pipeline of private sector projects has grown to more than 100 projects with over 9000 MW of capacity. The first of these large-scale projects are expected to connect to the grid by the end of this year. Noting that the President on behalf of government announced the declaration of a national state of disaster to respond to the electricity/energy crisis and its effects, which was subsequently Gazetted by Minister of CoGTA. The government is in the process of developing a detailed plan on how to deal with national electricity challenge to prevent a total collapse of the grid. The government will make a pronouncement once these plans are finalised.

End.

03 April 2023 - NW70

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Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

What is the reason that she never replied to question 3522 that was published on 30 September 2022?

Reply:

Below receive response for question 3522 that was published on 30 September 2022.

QUESTION:

3522.   Mr J N de Villiers (DA) to ask the Minister of Cooperative Governance and Traditional Affairs:

Whether the National Disaster Management Centre has a detailed national disaster management plan in place for the risk of a total collapse of the national electricity grid and/or a complete and/or prolonged electricity outage; if not, on what date is it envisaged that such a plan will be in place; if so, (a) what (i) are the different steps that will be taken in terms of such a plan and (ii) events will prompt each of the specified steps and (b) which role players will be responsible for each of the steps? NW4335E

REPLY:

The National Disaster Management Centre (NDMC) does not have a consolidated national disaster management plan in place for the risk of a total collapse of the national electricity grid and/or a complete and/or prolonged electricity outage on the basis that the Disaster Management Act, 2002 (Act No. 57 of 2002) (DMA) assigns the responsibility for the preparation of disaster management plans to all organs of state across the three spheres of government, which includes conducting a risk assessment for their functional area and formulating contingency arrangements to deal with the risks identified.

This includes the risk of a total collapse of the national electricity grid and/or a complete and/or prolonged electricity outage. 

The objective of the NDMC as outlined in section 9 of the DMA, is to promote an integrated and co-ordinated system of disaster management, with special emphasis on prevention and mitigation, by national, provincial and municipal organs of state amongst others. In this regard, in implementing the prevention and mitigation components, the NDMC has been working with ESKOM on the implementation of load shedding which is a highly controlled intervention made in terms of a National Code of Practice (NRS-048-9) to ensure the operability and security of the national power system from having a demand overload.

a) (i) & (ii) The respective disaster management centres established in the national, provincial and local government, in the unlikely event of a total collapse of the national electricity grid and/or a complete and/or prolonged electricity outage occurring, has the responsibility to bring organs of state of the respective sphere together to coordinate the implementation of the respective organs of states contingency plans developed in terms of the DMA. 

b) All organs of state 'have a responsibility to conduct a risk assessment for their functional area and formulate contingency arrangements to deal with the risks identified. This includes the risk of a total collapse of the national electricity grid and/or a complete and/or prolonged electricity outage.

End.

03 April 2023 - NW73

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Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

Whether she has ever met two certain persons (names furnished) and/or any other person who is or has been a director, associate and/or employee of a certain company (name furnished) and/or any company trading under the name of the specified company; if not, what is the position in each specified case; if so, in each case, (a)(i) on what date and (ii) where did each such meeting take place, (b) who was present at each meeting and (c) what was discussed at each meeting?

Reply:

The question be referred to the Minister in the Presidency for Women, Youth and Persons with Disabilities, precisely because it is asked on her personal capacity.

End.

03 April 2023 - NW74

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Joseph, Mr D to ask the Minister of Cooperative Governance and Traditional Affairs

In accordance with the Traditional and Khoisan Leadership Act, Act 3 of 2019, how will her department accommodate the term Khoisan into (a) the new name of the department, (b) the new name of the division in the department dealing with traditional and Khoisan affairs and (c) guiding provinces and municipalities to include Khoisan into their structures?

Reply:

a) The competence for the proclamation of names of Departments and their amendments rests with the President and not individual Ministries and Departments. The Department is thus not the competent authority to amend its name.

b) The current organisational structure of the Department provides for two Branches, namely, Research, Policy and Legislation (RPL), under which the administrative support to the Commission on Khoi-San Matters (CKSM) is located, and Institutional Support and Coordination. The names of the two branches are inclusive enough to accommodate the work that is being done to execute the mandate of the Department with respect to applicable Khoi and San matters.

c) The structural arrangements of Provinces and Municipalities are not the competence of the Department. However, should the organisational structure of the Department change in future, it will accordingly be shared with the Provincial Departments of CoGTA for information in relation to the alignment of their structures.

End.

03 April 2023 - NW81

Profile picture: Tarabella - Marchesi, Ms NI

Tarabella - Marchesi, Ms NI to ask the Minister of Cooperative Governance and Traditional Affairs

What are the details of the (a) make, (b) model, (c) year of manufacture, (d) cost and (e) purchase date of all the official vehicles purchased for (i) her, (ii) the former Minister, (iii) the Deputy Ministers and the (iv) former Deputy Ministers of her department since 1 June 2019?

Reply:

Designation

(a) Make

(b) Model

(c) Year of manufacture

(d) Price

 (e) Purchase date

(i) Minister Dlamini-Zuma

Volvo

XC60

2020

R806 699.96

24 March 2020

(ii) Former Minister

None

None

None

None

None

(iii) Deputy Minister T Nkadimeng

Toyota

Fortuner H50 / A2X

2023

R 698 138,55

January 2023 – Purchase order issued

(iv) Former Deputy Minister

None

None

None

None

None

End.

03 April 2023 - NW648

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Tito, Ms LF to ask the Minister of Cooperative Governance and Traditional Affairs

Whether her department is responsible for fixing the houses and properties in Ward 7 and Ward 17 in the Sol Plaatje Local Municipality in Kimberley which were damaged during the flooding of dams, during the 2020-21 financial year; if not, what is the position in this regard; if so, when will it be fixed?

Reply:

Fixing homes and properties is not the Department of Coorperative Governance and Traditional Affairs' responsibility. The Department of Human Settlements is responsible for this. It is advised that the Ministry of Human Settlements receive the inquiry.

End.

03 April 2023 - NW711

Profile picture: Mkhaliphi, Ms HO

Mkhaliphi, Ms HO to ask the Minister of Cooperative Governance and Traditional Affairs

(a) What direct interventions were made to provide relief to the persons affected by the recent floods in the Republic and (b) how will the lessons learnt from the response to the floods that affected KwaZulu-Natal in 2022 guide her department to improve its response to natural disasters of this nature?

Reply:

a) Direct interventions made by the Department to provide relief to the persons affected by the recent floods are made through the National Disaster Management Centre (NDMC) coordinated and collaborated with relevant stakeholders on disaster intervention measures as per its legislated mandate. The following are actions by the department:

  • Facilitated the deployment of teams from the Security Cluster for search and rescue missions within the affected communities. Coordinated the evacuation missions and placement of affected households within emergency shelters. Mobilised humanitarian relief measures and the distribution by stakeholders within affected communities. Facilitated technical support to municipalities through the Municipal Infrastructure Support Agent (MISA) in addressing some of the critical infrastructure damages for the restoration of services. Monitored conditions on the ground, further disseminated early warnings and advisories for informed decisions to prevent the conditions from deteriorating further within communities. Allocated disaster grant funding to affected municipalities for disaster interventions to address the damages incurred by municipalities and monitored implementation of interventions and provide support to municipalities to enhance the realisation of desired impacts from allocated funding.

b) The department continues to incorporate the lessons learnt within the disaster management function. The disaster grant frameworks were amended to factor in the lessons learned. Currently, the department is leading in the review of the Disaster Management system in consultation with relevant stakeholders to ensure collation of and implementation of lessons learnt to enhance the current system.

End.

03 April 2023 - NW715

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Xasa, Mr FD to ask the Minister of Cooperative Governance and Traditional Affairs

Considering that the indigent programme has yet to be fully utilised, which has resulted in significant underspending of the poor, what (a) are the root causes of the low uptake and (b) steps will be taken by her department to expedite the increase in uptake of indigent state support?

Reply:

a) The majority of poor households are still not registered by municipalities, which is one of the main reasons of the Free Basic Service program's low uptake by poor households. The following are just a few of the many causes for this, among many others:

Most municipalities are using the self targeting approach, waiting on indigent beneficiaries to approach municipalities to declare their indigent status. Most of the indigent households are not aware of the programme due to lack of awareness raising campaigns and communication strategies in most municipalities.

Major challenges on treatment of informal settlements and backroom dwellings. No verification tools to check the authenticity of the municipal indigent registers. Indigent policies not costed and tabled and adopted in municipal councils.

b) The following are the steps that will be taken by the department to expedite the increase in the uptake of the Free Basic Service programme by indigent households:

Ongoing support will continue to be provided to municipalities to update their indigent registers. The department will continue to support municipalities in developing indigent policies that are in line with the National Indigent Policy Framework and the Implementation Guidelines. The department has included an indicator in the Non-Financial Census (NFC) questionnaire requesting municipalities to indicate whether the indigent policies have been tabled in the municipal council together with the budget for the respective financial year.

This will enable the department to intervene and support municipalities that are not tabling the municipal indigent policies in council. In its interactions with municipalities, the department will continue to communicate and encourage municipalities to undertake a comprehensive roll out of free basic services programme so as to address some of the critical root causes in the low uptake of the of the Free Basic Service programme.

The department will also be hosting quarterly forums with the provincial COGTAs to share best practices and strategize on the mechanisms to effectively and efficiently support municipalities in the roll out of the FBS programme.

End.

03 April 2023 - NW716

Profile picture: Msimango, Mr X N

Msimango, Mr X N to ask the Minister of Cooperative Governance and Traditional Affairs

Under which powers is she able to support local municipalities to manage land invasions and a rise in informal settlements, as land invasions significantly impact on spatial planning, local government planning and budgeting?

Reply:

Using SPLUMA provision 2.2, the Department of Agriculture Land Reform and Rural Development; the Department of Human Settlements is in charge of regulating the use of land and controls of land invasion and Municipal By-Laws, Spatial Development Frameworks and Land Use Schemes are used in conjunction with Planning Instruments to address irregular communities. Municipality is the authority of first instance. (Informal Settlements). Therefore, it is advised that it be moved or redirected to the Department of Human Settlements and the Department of Agriculture, Land Reform, and Rural Development.

End.

03 April 2023 - NW722

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Spies, Ms ERJ to ask the Minister of Cooperative Governance and Traditional Affairs

Whether her department has conducted any studies, evaluations and/or investigations to determine the feasibility of consolidating the various Public Employment Programmes of her department with regard to local government and traditional affairs to minimize resource wastage and expenditure on administrative costs; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

Regarding the consolidation of state employment programs, no evaluation has been conducted. This is because the department only has one program for public work, the Community Works Program. Since the agency oversees a number of Public Employment Programs, the Parliamentary Question ought to be directed to the Minister of Public Works.

End.

03 April 2023 - NW724

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Opperman, Ms G to ask the Minister of Cooperative Governance and Traditional Affairs

What steps has her department taken to assist failing municipalities as provided for in the Constitution of the Republic, 1996, to improve (a) service delivery and (b) financial administrative capacities?

Reply:

a) Steps taken to improve service delivery capacities.

Municipal Infrastructure Support Agent (MISA) has deployed built environment professionals to municipalities in accordance with the District Development Model (DDM) to provide technical support for infrastructure development throughout the product life cycle from inception, planning, design development, implementation, operations and maintenance. This aims to augment and build State Capacity. 103 Built environment professionals (86 of which are professionally registered with Statutory bodies as engineers and town planners). In the current financial year, 150 Young Graduates have been deployed to augment the technical capacity whilst pursuing professional registration. These technical professionals support municipalities to implement infrastructure grant programmes that include the Municipal Infrastructure Grant (MIG) administered by the Department of Cooperative Governance (DCOG), the Water Services Infrastructure Grant (WSIG) and the Regional Bulk Infrastructure Grant (RBIG) which are both administered by the Department of Water and Sanitation (DWS) as well as the Integrated National Electrification Programme (INEP) administered by the Department of Mineral Resources and Energy (DMRE). The budget allocations are published annually in the Division of Revenue Act (DORA). These technical professionals also support municipalities to employ and maximise labour intensive construction (LIC) methods where feasible, by incorporating the Expanded Public Works Programme (EPWP) Guidelines during infrastructure development e.g. low volume roads, water, sanitation and electrification projects. The use of LIC methods during infrastructure development maximises the creation of job opportunities thereby alleviating unemployment. This will assist municipalities to meet the job opportunities target for the EPWP infrastructure sector administered by the Department of Public Works and Infrastructure (DPWI).

1. MISA is implementing capacity building programmes aimed at building the capacity of municipalities for infrastructure development. These capacity building programmes aim at the current cohort of municipal officials as well as unemployed youth by creating a skills pipeline.

  • The municipal officials responsible for infrastructure development are trained through short courses for continuous professional development throughout the project life cycle as well as taking them through a Recognition of Prior Learning (RPL) programme. MISA is providing training on short technical courses in collaboration with the South African Institute of Civil Engineers (SAICE) and aims to train 500 officials this financial year. The RPL programme involves assessment, training provisioning and attaining a qualification of those municipal officials who gained work experience but did not get formal qualifications. MISA aims to enrol 100 officials for RPL Programme.
  • The capacity building programmes implemented that are targeting unemployed youth are the Apprenticeship Programme, the Experiential Learnership Programme, the Bursaries Programme and the Young Graduates Programme. The implementation is done in collaboration with the Local Government Sector Education and Training Authority (LGSETA). MISA aims to enrol a total of 420 youths for these skills programmes for this financial year. The respective targets are 100 for Apprenticeship Programme, 70 for the Experiential Learnership Programme, 100 for the Bursaries Programme and 150 for the Young Graduates Programme.

2. MISA has implemented other capacity building initiatives for municipalities to provide infrastructure development viz. the building of internal built environment design development capacity so that there is less reliance on outsourcing to Consultants, the development of Public Infrastructure Unit Cost Guidelines as well as collaboration with professional bodies and Institutions of Higher Learning.

  • MISA has bought design software and is currently piloting the establishment of a design office at OR Tambo District Municipality where selected infrastructure projects that are prioritised and funded by the municipality are designed through the support of MISA procured design software and technical support personnel and not outsourced to Consultants.
  • The Unit Cost Guidelines were developed in collaboration with the University of Cape Town. These Guidelines provide cost estimates of providing infrastructure as one source of truth for planning, budgeting and implementation monitoring. The Guidelines can be used by all interested and affected stakeholders including municipalities, communities, oversight structures and law enforcement agencies. The Guidelines assist in building communities’ confidence in government expenditure on infrastructure development. The Unit Cost Guidelines were used during the assessment of municipal infrastructure that was damaged by floods in April 2022.
  • MISA has entered into a collaboration agreement with the University of Cape Town and Wits University and is finalizing a Memorandum of Agreement with the Engineering Council of South Africa (ECSA). The collaborations with these institutions aim to use research to find innovative solutions to infrastructure development and service delivery challenges among other benefits.

3. MISA is also contributing towards the eradication of basic services backlogs through its meagre budget by funding and implementing 39 borehole projects in this financial year in low and medium capacity municipalities.

4. MISA, through DCOG, applied for the Presidential Employment Stimulus (PES) program that was aimed at addressing the devastating impact of COVID-19 on the economy to an amount of about R700 million. An amount of R284 million was approved for MISA to implement the PES through the Innovative Solid Waste Management Program that was piloted in 25 municipalities across the 9 provinces.

The project commenced in December 2021. To-date the programme has created employment opportunities as detailed below as the programme ensured removal of municipal waste:

Province

Number of municipalities benefitted

Number of jobs created

Amount spent

Eastern Cape

7

3 200

R51 252 295.00

Free State

4

1 996

R38 134 654. 50

Gauteng

4

1200

R20 488 113.15

KwaZulu Natal

9

4 400

R64 977 015.00

Limpopo

3

1 500

R21 854 087.7

Mpumalanga

2

1 038

R14 569 391.90

Northern Cape

5

1200

R23 458 589. 68

North West

4

1 200

R26 426 925.00

Western Cape

3

900

R22 496 929. 95

TOTAL

41

16 634

R 283 658 001.88

The participants were employed for a period of (16 weeks) 3 months and received a minimum stipend of R102 per day for general workers, and R150 per day for coordinators.

End.

03 April 2023 - NW732

Profile picture: Herron, Mr BN

Herron, Mr BN to ask the Minister of Cooperative Governance and Traditional Affairs

Considering that points (h) and (i) in the latest Government Gazette relating to the National State of Disaster in Electricity Crisis refer specifically to the exemption of pre-existing energy infrastructure and generation from environmental regulations while they are upgraded and/or maintained, what (a) specific environmental regulations were holding back development and/or refurbishment the most and (b) total amount of projected time is saved in the development process by exempting the specified regulations?

Reply:

The Department of Environmental Affairs, Forestry and Fisheries, as the custodian of the legal and regulatory frameworks that control environmental issues, can answer to this question with the necessary specificity and rigor. In order to achieve the goals stated in section 27 (3) of the Disaster Management Act, 57 of 2002, the NDMC's job is to coordinate the necessary actions aimed at reducing the likelihood of a complete blackout.

End.

03 April 2023 - NW733

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Herron, Mr BN to ask the Minister of Cooperative Governance and Traditional Affairs

Considering that point (p) in the National State of Disaster in Electricity Crisis regulations published in the latest Government Gazette makes specific reference to the increase in the requirements for water quality standards and capacity, specifically at the reservoirs and acknowledging that our water supply in a dry country is already at a breaking point with infrastructure collapse, most notably in Gauteng and throughout the Republic, (a) how do the specified regulation changes result in higher water quality and (b) what consequences will arise from any reservoirs and/or water infrastructure that does not meet the new standards?

Reply:

This question can be responded to with the required detail and precision by the Department of Water and Sanitation, as the custodian of legislation and regulatory frameworks that govern provision of water. The role of the NDMC is to coordinate necessary activities aimed at mitigating the prospects of a total blackout, towards fulfilling the purpose outlined in section 27 (3) of the Disaster Management Act, 57 of 2002.

End.

03 April 2023 - NW1109

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Buthelezi, Ms SA to ask the Minister of Cooperative Governance and Traditional Affairs

With regard to the allocation of R630 million in backpay that iZinduna in KwaZuluNatal would be paid in the financial year which starts in April, what are the relevant details of an overview of the resources that her department will be availing to assist iZinduna with financial management?

Reply:

As the appointment and recognition of headmen/women is a provincial competence, we engaged with the Kwa-Zulu Natal CoGTA regarding the Honourable Member’s question. The provincial department has advised as follows: In anticipation of receipt of funding to pay iZinduna, the KwaZulu-Natal Executive Council resolved to conduct roadshows to eleven Districts to disseminate the information and to communicate the government decision to allocate R631 million for the back pay of iZinduna. The roadshows are led by Members of the Executive Council (MEC) and the central communication for these engagements is on the background and the plan in place (payment plan for current and terminated iZinduna) to pay the money to the qualifying iZinduna. An integral part of these sessions consists of financial counselling which incorporates elements of financial planning and management, investing in education, property and business to assist the beneficiaries to better manage the anticipated back pay monies. iZinduna have also been made aware of the significance of confidentiality in handling these anticipated funds.

End.

03 April 2023 - NW642

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Madokwe, Ms P to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether she has any power to take steps against a certain person (details furnished), whose voice recording has been circulating on social media wherein the person is alleged to have instructed senior staff to compromise supply chain management according to his wishes; if not, what is the position in this regard; if so, what are the powers that she has to make the person account for his actions; (2) Whether she has directed that any investigations be undertaken in other municipalities to ensure that such abuse of power is not happening in other municipalities across the Republic; if not, why not; if so, what are the relevant details?

Reply:

1. No.Item 12(b) of the Local Government: Municipal Structures Act No. 117 of 1998, as amended, (“the Structures Act”) provides that a councillor may not, except as provided in law, give or purport to give any instruction to any employee of the council, except when authorised to do so. However, the authority to take appropriate steps for the implementation of the Code of Conduct for Councillors (“the Code”) lies with the speaker, or the municipal council, and the MEC responsible for local government in the province (“the MEC”), subject to the provisions of item 15 and 16 of the Code.

Item 15 of the Code provides that if the speaker is of the opinion that a provision of the Code has been breached, then the speaker must authorise an investigation of the facts and circumstances of the alleged breach, and thereafter report the matter to a meeting of the municipal council, and also report the outcome thereof to the MEC in the province. The MEC may furthermore, in terms of item 16 of the Code, suspend the councillor for a period as may be determined by the MEC, or remove the councillor from office.

Note that the specific instance also constitutes a breach of section 173 of the Municipal Finance Management Act No. 56 of 2003 and should be dealt with in terms of that Act read with the Municipal Regulations on Financial Misconduct and Criminal Proceedings.

2. No. As indicated in response provided in paragraph (1) above, any investigations concerning an alleged breach of the Code, must be undertaken by the speaker, or the municipal council, or the MEC for local government in the province if considered necessary, subject to the provisions of items 15 and 16 of the Code.

End.

27 February 2023 - NW216

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Groenewald, Mr IM to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether, in light of section 121 of the Municipal Finance Management Act, Act 56 of 2003 (MFMA) requiring all municipalities to table their annual reports to their respective municipal councils by 31 January every year, or request an extension from their provincial Members of the Executive Council (MECs); she and/or her department must be provided with reports of any municipalities that failed to table their reports by 31 January 2023; if not, what is the position in this regard; if so, (a) which municipalities failed to table their reports, (b) what were the reasons for non-compliance, (c) did the specified municipalities timeously apply for extensions to the respective MECs and (d) which municipalities that failed to table their reports by 31 January, also failed to apply for extensions to their respective MEC’s; (2) whether she will make a statement on the matter?

Reply:

The information required by the Honourable Member is not within the purview of the Departments of Cooperative Governance and/or Traditional Affairs but that of Department of Finance.

It is recommended that this question be directed to the Minister of Finance.

27 February 2023 - NW2

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Groenewald, Mr IM to ask the Minister of Cooperative Governance and Traditional Affairs

(1)What total number of court orders were (a) granted against municipalities in each (i) province and (ii) year since 1 January 2019 up to the latest specified date for which information is available and (b) complied with by the affected municipalities; (2) (a) which municipalities did not comply with court orders granted against them and (b) what were the reasons for them not complying with the court orders; (3) (a) what total number of cost orders were granted against municipalities in each (i) province and (ii) year since 1 January 2019 up to the latest specified date for which information is available, (b) against which municipalities and (c) to what amounts?

Reply:

The information required by the Honourable Member is not within the purview of the Departments of Cooperative Governance and/or Traditional Affairs.

The question may be directed to the Minister of Justice and Constitutional Development.

12 December 2022 - NW3837

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Spies, Ms ERJ to ask the Minister of Cooperative Governance and Traditional Affairs

With reference to a presentation on the 2021-22 audit outcomes for the Portfolio Committee on Cooperative Governance and Traditional Affairs, wherein the Auditor-General made the finding that payments were made in the 2018-19 financial year under the Community Works Programme to non-qualifying government employees due to ineffective internal controls for approving and processing payments, what total amount was paid to the non-qualifying government employees; (2) whether any steps have been taken to recover the irregular payments; if not, why not; if so, what (a) total amount has been recovered and (b) disciplinary action has been taken against government employees who irregularly benefited from the CWP?

Reply:

1. The total unconfirmed (maximum) amount of Community Works Programme (CWP) stipends paid to possible non-qualifying government employees for the period 1 April 2018 to 31 March 2020 was R6 300 997,00. This unconfirmed amount involves about 534 government employees in 62 national and provincial departments.

2. The  Director-General of the Department of Cooperative Governance (DCoG) in January 2022 wrote letters to the Directors-General and Heads of Department of all 62 departments to investigate the matter and to either confirm the allegations of double-dipping or to provide evidence to clear findings.  To date 25 departments responded to all findings and 37 departments have responded either partially or not at all.  Findings to the value of R369 640,50 have been cleared and findings to the value of R980 290,50 have been confirmed.  Of the confirmed findings, R769 226,00 is in the process of being recovered and R183 447,00 has been written off since the individuals have left government and are also no longer participating in the CWP. Litigation through the State Attorney is not economical as the individual amounts are small.

a) R12 090,00 has been recovered to date.

b) The Department cannot take disciplinary action directly against or recover funds from persons employed by other government departments.  It is the responsibility of the respective Accounting Officers to take disciplinary action and to recover funds.  The Auditor-General has been requested to also provide the details of findings to the audit managers of the 62 Departments to ensure that Accounting Officers take the necessary action.

12 December 2022 - NW4184

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Spies, Ms ERJ to ask the Minister of Cooperative Governance and Traditional Affairs

Whether the Community Work Programme has recorded any cases of sexual harassment against participants over the past five years; if not, what is the position in this regard; if so, what (a) are the relevant details and (b) action was taken against the perpetrators?

Reply:

No, there are no recorded cases of sexual harassment against participants over the past five years in the Community Works Programme which have been brought to my attention.

BACKGROUND INFORMATION:

12 December 2022 - NW4087

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Mokgotho, Ms SM to ask the Minister of Cooperative Governance and Traditional Affairs

On what date will electricity be installed for residents of Extension 2 Boitekong in the Rustenburg Local Municipality?

Reply:

This information was obtained from the Rustenburg Local Municipality. Accordingly, I have been advised as follows:

All houses in formalised areas in Extension 2 Boitekong are electrified. The planned period for electricity provision to the new developments in Extension 2 Boitekong is during the 2024/25 financial year.

12 December 2022 - NW4035

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Spies, Ms ERJ to ask the Minister of Cooperative Governance and Traditional Affairs

Whether her department and/or any entity reporting to her have budgeted for (a) financial donations and/or (b) sponsorships in the (i) 2018-19, (ii) 2019-20, (iii) 2020-21 and (iv) 2021-22 financial years; if not, why not, in each case; if so, what total amount was (aa) budgeted and (bb) spent in each specified financial year?

Reply:

The Departments of Cooperative Governance (DCoG) and Traditional Affairs (DTA) alongside the Municipal Infrastructure Support Agent (MISA) have not budgeted for financial donations and/or sponsorships in the (i) 2018-19, (ii) 2019-20, (iii) 2020-21 and (iv) 2021-22 financial years.

12 December 2022 - NW3554

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Groenewald, Mr IM to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether, with reference to her reply to question 1083 on 8 April 2022, any steps were taken by her department to ensure that the 203 municipalities that did not have any infrastructure maintenance plans in place, will develop and implement such plans as a matter of priority; if not, why not; if so, what steps; (2) what total number of the 18 municipalities that only partially implemented their infrastructure maintenance plans have now fully implemented their plans; (3) whether she will make a statement on the matter?

Reply:

1. Yes, as at 1 July 2022, all Municipal Infrastructure Grant (MIG) receiving municipalities were allowed and encouraged to utilise up to 5 per cent of their respective MIG allocations to fund activities related to the development of an Infrastructure Asset Management Plan (IAMP). Furthermore, municipalities that have non-compliance pre-directives or directives with the Department of Water and Sanitation (DWS) may spend up to 10 per cent of their allocations for the urgent repair and refurbishment of water and sanitation infrastructure to restore functionality. These MIG conditions were included in the Division of Revenue Bill (DORA) published in the Government Gazette No. 45903 of 11 February 2022. These reforms were implemented in an effort to ensure that municipalities do not only focus on capitalization, but also set aside funding and invest in maintenance (asset care) of infrastructure.

The Department of Corporate Governance (DCOG) through the Municipal Infrastructure Support Agent (MISA) continues to deploy professionally registered built environment practitioners (Civil and Electrical Engineers as well as Town and Regional Planners) to municipalities to provide technical support and advice on developing and implementing infrastructure maintenance plans. To date MISA, has deployed 73 professionally registered built environment practitioners to support municipalities in accordance with the District Development Model (DDM).

2. None of the 18 municipalities are reported to have fully implemented their infrastructure maintenance plans. The progress will be measured at the end of this financial year (2022/23) as the MIG reforms focusing on Asset Management, Repairs and Maintenance commenced on 1 July 2022. However, it is worth noting that there is paradigm shift towards prioritizing asset care and activities of repairs and maintenance of infrastructure by municipalities as assessed from the business plans being received for project prioritisation.

3. No.

12 December 2022 - NW3839

Profile picture: Spies, Ms ERJ

Spies, Ms ERJ to ask the Minister of Cooperative Governance and Traditional Affairs

With reference to a presentation on the 2021-22 audit outcomes to the Portfolio Committee on Cooperative Governance and Traditional Affairs, wherein the AuditorGeneral made the finding that project management fees were paid under the Community Works Programme to implementing agents of the Contract Work Programme from April 2018 to March 2021, without evidence of goods and services having been received due to ineffective internal controls for approving and processing payments, what total amount was paid in irregular project management fees to the implementing agents; (2) whether any steps have been taken to recover the irregular payments; if not, why not; if so, what total amount has been recovered; if so, what total amount has been recovered; (3) whether any of the implementing agents were blacklisted from doing business with her department; if not, why not; if so, what are the relevant details?

Reply:

1. The balance of overpaid project management fees to two Non-Profit Oganisations (NPOs) was R1 820 519,18 as at 31 March 2022.

2. The amount has been offset against retained project management fees due to the NPOs, leaving a balance of R287 305,79 due by one (1) NPO to the Department. This NPO is no longer in business and the Department’s attorneys are currently tracing the former Directors of the NPO in order to commence litigation.

3. The Department has engaged the National Treasury through the Chief Procurement Officer on a number of Community Works Programme (CWP) related matters, including the possible blacklisting of NPOs found to be in breach of their Service Level Agreements (SLAs). The discussions with the National Treasury are ongoing.

12 December 2022 - NW3838

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Spies, Ms ERJ to ask the Minister of Cooperative Governance and Traditional Affairs

With reference to a presentation on the 2021-22 audit outcomes to the Portfolio Committee on Cooperative Governance and Traditional Affairs, wherein the Auditor-General made the finding that payments were made in advance to implementing agents under the Community Works Programme, without evidence of goods and services having been received due to ineffective internal controls for approving and processing payments, what total amount was paid in irregular advance fees to the implementing agents; (2) whether any steps have been taken to recover the irregular payments; if not, why not; if so, what total amount has been recovered; (3) whether any of the implementing agents have been blacklisted from doing business with her department; if not, why not; if so, what are the relevant details?

Reply:

1. As at 31 March 2022 the balance of uncleared advances made to eight (8) Non-Profit Organisations (NPOs) was R26 252 990,01.

2. R20 822 071,84 of the total amount of R26 252 990,01 has been offset against retained project management fees due by the Department to NPOs, leaving a balance of R5 430 918,17 due by three NPOs to the Department. The Department is currently litigating against two NPOs to recover R4 498 778,40 and is still in discussions with one NPO to refund R932 139,76.  Disciplinary action was taken against three employees in the Department for making advance payments in breach of departmental policies.  One employee subsequently retired and the outcome of the disciplinary hearings for two employees have been completed and the Department is awaiting the outcomes of said hearings from the Independent Chairperson.

3. The Department has engaged the National Treasury through the Chief Procurement Officer on a number of Community Works Programme (CWP) related matters, including the possible blacklisting of NPOs found to be in breach of their Service Level Agreements (SLAs). The discussions with the National Treasury are ongoing.