Questions and Replies

Reply:

1. (a) The extent of the TRANCRAA area was estimated at 10 000 hectares, but after

the finalization of the subdivision, the final remaining extent was 8 314.2843 hectares. During vesting the portions with State Domestic Functions such as schools and clinics needed to be excluded and transferred to the Eastern Cape Provincial Government. Government Gazette Notice (GP822/1994) was reframed to exclude Erf 385 to separate the portion of Provincial Government from the portion of National government.

(b) The 2 000 hectares of land is currently vested with the Eastern Cape Provincial Government.

2. (a),(b,(c) Community and stakeholder consultations were conducted regarding the handover with the Enon Bersheba TRANCRAA residents, CPA Executive Committee, Office of the Premier, Provincial Department of Rural Development and Agrarian Reform (DRDAR); Sunday’s River Valley Local Municipality, Sarah Baartman District Municipality, Department of Economic Development, Environmental Affairs and Tourism.

3. DALRRD is in constant communication with the Witrivier CPA and is now in the process of assisting the CPA with the election of a new committee as per their constitution.

4. Yes, the land has since been transferred to the community through the Witrivier CPA as a land holding entity.

5. (a),(b) None, since this is not a land restitution case. However, the matter falls under the Transformation of Certain Rural Areas Act No. 94 of 1998 (TRANCRAA), and DALRRD is engaging with the CPA to finalize the process for the elective Annual General Meeting (AGM), training on governance and understanding of their Constitution.

Reply:

The Public Protector Report 95 of 2021/22 has specific financial irregularity findings, thus being:

Irregular expenditure resulting from the allocation of funds to the Trust/Foundation for litigation in which the Department is not a party to. Irregular expenditure resulting from failure to ensure the directive for utilisation of funds was in writing.

A) In the report of the Public Protector, there are no specified officials identified as directly responsible for the above irregularities but the Director-General of the Department who is key in the administrative approvals for the allocation of funds, supported by CFO who is key in processing approved payments to the Trust/Foundation following what was understood to be a lawful directive of the Minister albeit that he not issue a written directive.

(b) The Public Protector’s report was concluded only in February 2022 with no specific recommendations for officials to be ‘charged” but listing administrative procedures to be implemented in what the report refers to as a Remedial Action Plan to be implemented by the Department (Sections 8-9 of the report).

(c) With regard to officials who are still within his department, the report proposed that appropriate disciplinary steps be taken against any officials of the Department who may be found to have been involved in the financial irregularities referred to in the report. The root cause for the irregularities was analysed concluding that it was the interpretation of what is a lawful directive (verbal vs written) and the interpretation of the Cultural Promotion Act (CPA). This is confirmed in the affidavit from the Department to the Public Protector. Relevant officials in the chain of approvals to payment of funds referred to in the Public Protector’s report were to be notified about the recommendations in the form of the remedial action plan directive from the Public Protector to the department and applicable remedial actions to prevent a similar occurrence in the future. Against this background, the appropriate step in this case was a corrective action in the form of training without any charges levelled against these officials.

(d). The department funds CCIFSA for the purpose of strengthening the South African Cultural and Creative Industries Sector. Several training workshops have been conducted by CCIFSA to capacitate its management. CCIFSA hosted a policy conference in 2020. It is currently implementing conference resolutions. It has improved its operational systems as well as applying remedial actions recommended by the Department. Based on the above remedial actions and the operational improvement shown by CCIFSA, the department accepted their reports.

THANK YOU

Reply:

(1). Whilst many international events are hosted in our country, these are hosted in accordance with the International Federation Rules and Regulations. In this case, The Commonwealth Judo Association has the prerogative to ease certain rules, but this must be discussed, agreed upon before the event and communicated to all participating countries. The case in point is the judo suits - should only be IJF approved suits. This rule was eased, and it was communicated to all before time. At this point, all international events hosted in the country will be held in accordance with the International Federation Rules.

(2). As the Minister of Sport, Arts and Culture I do not have the powers and authority to change the Rules of International Federations. However, Judo South Africa has indicated that there is a possibility to initiate discussions with the International Federation on the matter and other related matters. To this end the Federation indicates that post the event they discussed the issue, and they further intend making a submission at the Paris Congress in 2024 for possible review of the said rules.

Reply:

(1)

(a). The Silapha Wellness Project under Ndingilizi was completed at the end of the 2022/2023 financial year.

(b). The Department had a three-year Service Level Agreement with Indingliz Advertising & Marketing, which came to an end at the end of the financial year 2022/2023, upon completion of the pilot, the department through Supply Chain Management (SCM)

initiated the necessary process to advertise for a service provider to be appointed to administer the implementation of the Silapha Wellnes programme as the sector needs this intervention. The successful bidder (Workforce Healthcare) was appointed following the necessary Supply Chain Management processes.

(2). Indingliz implemented the programme as a pilot, which took the form of high-level awareness campaigns in various provinces and 24-hour call centre counselling services, and these were successfully implemented. The initial scope of the work agreed upon had to be expanded to cover athletes because of the merger of the two departments (DAC and Sport and Recreation).

(3). Indingliz responded to the tender bid which was open to the public but was unfortunately unsuccessful.

(4). The report detailing the process followed when Indingliz was appointed for a period of three years is attached as (Annexure A)

The report detailing the process followed when Workforce Healthcare was appointed for a period of three years is attached as (Annexure B)

(5). Names of the Directors (Workforce Healthcare)

1. Dr Richard Brian Malkin (Managing Director)
2. Mr Ronald Stanley Katz (Director)
3. Mr Nevania Naidoo (Director),

Other Owners

1. Global Health Resources

 

Reply:

(1) In 2016, the Department entrusted National Empowerment Fund (NEF) through a tender process to manage Venture Capital Fund (VCF) for a period of 3 years (2016/17 -2018/19) to the amount of R100 000 000.00 (One Hundred Million Rand Only) therefore the amount allocated was not 175 million.

(2)

(a). Yes, NEF was granted the project management role through Supply-Chain Management (SCM) processes.

(b). The tender was signed for a period of three years as indicated above.

THANK YOU

Reply:

(1). The leak at the National Library of South Africa, Cape Town Campus was identified or reported on Thursday, 11 May 2023.

(2).

1. The procurement process started on Thursday, 11 May 2023.
2. The contractor appointed to fix the roof was Mayepe Group.
3. The value of the purchase order was R249 665,46.
4. Date of completion was Monday, 26 June 2023.

THANK YOU

Reply:

(1). The Department through its various funding agencies has since COVID 19 disbursed funds to deserving arts projects and initiatives to soften the blow to the cultural and creative industry. In addition, the Department commissioned The South African Cultural Observatory (SACO) to conduct research post-COVID-19 on the Precarity and Social Status of Arts Practitioners and the report has been completed and will be circulated widely to the sector. The Department of Sport Arts and Culture also received a budget allocation of R650 million for PESP 1, R15m for PESP2, R440 million for PESP 3 and R462m for PESP 4 to provide relief to the creative sector, over the last three financial years.

(2). Yes, the Economic Recovery and Reconstruction Plan is available, see attached.

THANK YOU

Reply:

According to the Eastern Cape Department of Health,

1. The procurement of the 100 scooters with sidecars was cancelled in July 2020 and the scooters were not delivered. Nothing was paid to the company and there was therefore no irregular, wasteful and fruitless expenditure pertaining to this matter. Access to chronic medicines by patients is through the central chronic medicines dispensing and distribution (CCMDD) programme. In the month of September 2023, the department had 390 000 chronic patients accessing their medicines on the CCMDD programme at various pick-up points in the Province.

2. The delivery of chronic medicine is not considered as a wasteful expenditure as it is an important programme and a successful intervention to bring chronic medicines to the communities especially the elderly patients in the rural areas in the Eastern Cape, closer to where they live.

END.

Reply:

1(a). The KZN Philharmonic Orchestra is occupying the 3rd floor Since 1 April 1998.

(b). Towards the end of the 1990s The Playhouse Company reduced its operational size due to funding constrains it was going through. This was in line with what was contained in the Draft White Paper of the Department of Arts, Culture, Science & Technology.

The KZNPO was one of the five artistic companies of the Playhouse Company during that period. As part of the restructuring process the boards of the Playhouse Company and the KZNPO agreed to enter into a mutual benefit relationship (Public Private Partnership) where the orchestra would not take its retrenchment packages in return for a continued working relationship with the Playhouse.

Part of the agreement between the two organisations boards was that the orchestra would use office space on the third floor of The Playhouse’s administration building rent free. This mutually reciprocal working relationship would assist each arts organisation on sustaining itself in order to continue to create jobs for artists and offering artistic services to the community of KZN.

(2). No rental income is received from the KZNPO by The Playhouse Company. Therefore, no rental income is reflected in The Playhouse Company’s AFS.

It must further be noted that The Playhouse Company leases the premises from the Department of Public Works at no charge.

THANK YOU

Reply:

(1). Where there are facilities, Club development, learn to swim in schools and communities, inter-school swimming leagues for primary and secondary schools, which is an extra-curricular activity are offered as development programs.

Schools participate in both recreational and competitive leagues; In-school swimming takes place in the first and fourth term, during life skills/life orientation/physical education lessons at schools that have access to facilities.

Swimming South Africa (SSA)’s qualified swimming teachers have been placed at community pools in townships where Foundation phase learners from adjacent schools attend lessons during physical education lessons. Water safety education takes place during the winter months at identified schools. Capacity building programs

are offered to educators for learn to swim, introductory coaching and coaching level one. These programs are funded by DSAC and NLC.

(2). Yes, as government, we are mostly reliant on school and club facilities when offering swimming development programs. This is due to the lack of functional swimming pools in many municipalities in provinces, especially in townships.

(a) Programs that are offered include learn to swim in quintile 1 – 3 schools during physical education; learn to swim in communities; club development; splash polo and artistic fun.

(b)i. Development clubs receive funding for coaches & swimming teachers, as well as administration, and athletes that are selected for national teams are assisted financially.

b(ii). Schools administer their own inter-school programs during extra-curricular activities. However, the Provincial Departments of Sport, Arts & Culture support schools’ swimming championships or trials, water safety education in schools in some provinces and provincial teams that are selected for S.A. Schools Championships.

(3). It is well established fact that funding for sport and recreation in general is insufficient, this is equally true for programs aimed at promoting and facilitating access to swimming in communities. A collaborated and integrated approach to the development of swimming by Local, Provincial and National Government is required.

Furthermore, it is important that local Government ensure that existing facilities are maintained, and new swimming pools are built in township and communities where there are no facilities.

THANK YOU

Reply:

(1). Swimming SA requires that swimmers representing the country be South African Citizens. With regards to qualifying standards, different international events have different qualifying standards.

(2). The Department does not get involved in the selection of National Teams.

THANK YOU

Reply:

1. According to our records, the Department never funded the South Africa Music Rights Organisation (SAMRO)
2. Therefore, we do not have any further comments concerning the matter.

THANK YOU

Reply:

(1). My department believes that the Netball World Cup 2023 was delivered satisfactorily and admits that the lessons learned regarding the areas that still need improvement will be recorded and shared for projects of similar nature in the future. The Ministry is not persuaded that there are any compelling reasons to launch a probe into how access to the games was handled and controlled.

(2). According to RWC2023 Board a commission will be paid based on the value of tickets sold

(3). The relevant procurement processes were followed, and the recommended bidder was approved by the NWC2023 Board.

(4). The ticketing challenges were as a result of the venue not having permanent seating. The temporary seating structure installed did not have seat numbers and the Local Organising Committee (LOC) then had to develop a seating plan. This delayed the issuing of tickets as we had to wait for seating plans to be finalised. This was resolved after the Opening Ceremony. The complicated competition format also contributed as people didn’t know which teams would be playing against each other from day 4, which was the second preliminary stage and was determined by round robin.

(5). After learning from the success of selling door tickets during the quad series in January. The LOC devised a plan to emulate the quad series, however permission was not granted by the VOC to sell tickets onsite.

THANK YOU

Reply:

1. The South Africa Music Rights Organisation (SAMRO) is an independent legal entity, which neither the Ministry of Sport, Arts and Culture and the Department have a legal mandate over the running of its internal affairs and business.

2. Therefore, we do not have any comments concerning both the questions.

THANK YOU

Reply:

1)(a). There were no tickets allocated to the provinces for the 2023 Netball World Cup 2023.

b). not applicable.

2). The information is being sourced from the provinces and more time is required to respond to:

a). Their accommodation costs.

b). Their transport costs.

3). The total costs of the 2023 Netball World Cup would be determined and declared upon finalization of the financial audit and close out report.

4). Information on the final financial status (surplus or deficit) of the 2023 Netball World Cup would be determined and declared upon finalization of the financial audit and close out report.

THANK YOU

Reply:

a) The authority of approving and issuing water and irrigation rights lies with the Department of Water and Sanitation. The Department of Agriculture, Land Reform and Rural Development’s role with regard to irrigation is to monitor compliance with laws governing irrigation and water use management, as well as provide technical support and advice.

b) The Department of Water and Sanitation is the custodian for information relating to water resources and is best placed to respond.

Reply:

(1). The Department gives Tennis South Africa an annual grant to support their programs including wheelchair tennis programs and some of the programs are in preparation for the world events. In 2022/23 financial year the Department provided special financial support towards the ITF’s World Team Cup which Donald Ramphadi and Kgothatso Montjane were part of, together with ten other athletes with disabilities. The ITFs World Team Cup is crucial for Paralympic eligibility, as players are required to compete in a prescribed minimum number of events within of two (2) years in a four-year Paralympic cycle.

(2). Kgothatso Montjane and Donald Ramphadi are part of Tennis SA’s High Performance Programme who participate in international tournaments:

• a)Each player receives annual financial support which covers coaching fees and international tour expenses.
• b) Leading up to the Roland Garros, Tennis SA provided a total of R1,224,480.00 to high-performance players, excluding accommodation.
• c) Tennis SA high performance athletes were housed at the University of Pretoria's High-Performance center with a monthly food allowance; however, housing support was discontinued due to the loss of title sponsor, Growthpoint.

Reply:

No, the Department does not conduct economic verification audits at mines. However, Mine Economic inspections are being conducted which focuses on the evaluation of financial statements to ascertain the company’s overall performance. Statistical returns are also investigated for data relating to employment and earnings per month as well as operating costs and production and sales.

Reply:

1. (a). See attached full list of contracted service providers (ANNEXURE A)

(b). Contract start date was18 September 2020 and end date 18 September 2023

(c). They were contracted through the tender process.

2. All forty-eight (48) bids were received by the Department on the closing and time. Appointment letters were sent out to all (48) contracted service providers. (see attached list of appointment letters). (ANNEXURE B

3. Thirty-three (33) service providers have benefited from the contract. The value of contract is as follows: see attached full list of contracted service providers and value of contracts (ANNEXURE C)

 

 

Reply:

a) (i) Department of Sport, Arts and Culture

Year	Amount Paid (a)	Name of Supplier (b)	Number of copies printed (c)
2020-21 (aa)	R307 901,00	Digi-paper	200
2021-22 (bb)	R362 900,00	Shittim Trading CC.	200
2022-23 (cc)	R148 395,74 (quotation)	Gijina Trading	200

(ii) Public entities see attached.

THANK YOU

Reply:

1.The Department of Justice and Constitutional Development (DoJ &CD) does not keep separate expenditure trends of the illegal immigrants appearing in our courts. The DoJ&CD does keep Expenditure trends of Foreign Nationals appearing in our courts since we supply and pay for Foreign Interpreter Language Services for the foreign national accused persons. 

2. The department does not keep specific statistics on illegal immigrants appearing in our courts The illegal immigrants when arrested by SAPS are communicated to Department of Home Affairs. The Department of Home Affairs then facilitate the court appearance and the deportation plans. 

Reply:

(a) Total amount paid for printed copies of the integrated annual report

(i) DPME	(ii) Entities reporting to the Minister
(aa) 2020-21	(bb) 2021- 22	(cc) 2022- 23	(aa) 2021- 21	(bb) 2020- 21	(cc) 2022- 23
None	None	None	Not applicable	Not applicable	Not applicable

 

(b) Who were the suppliers

Reply: Not applicable

(c) Total Number of copies of report produced

Reply: (i) None

(ii) Not applicable

Reply:

The below table indicates how much has been transferred to the Sports Trust since the inception of the Sport and Recreation South Africa to the end of 2022-2023 financial year.

TRANSFERS MADE TO THE SPORTS TRUST
FINANCIAL YEAR	AMOUNT
2003-2004	500 000,00
2004-2005	1 050 000,00
2005-2006	1 500 000,00
2006-2007	250 000,00
2007-2008	1 750 000,00
2008-2009	300 000,00
2009-2010	500 000,00
2010-2011	1 020 000,00
2011-2012	-
2012-2013	25 023 000,00
2013-2014	22 950 000,00
2014-2015	21 636 000,00
2015-2016	27 521 000,00
2016-2017	27 080 000,00
2017-2018	21 408 000,00
2018-2019	22 649 000,00
2019-2020	23 918 000,00
2020-2021	95 009 000,00
2021-2022	25 056 000,00
2022-2023	25 709 000,00
TOTAL	344 829 000,00

Reply:

(a) NORTH WEST

• AWARENESS CAMPAIGNS AND OTHER INFORMATION SHARING: The mandate of the Provincial Department of Agriculture and Rural Development Disaster Risk Reduction Unit is to support all categories of farmers with awareness and information sharing to cushion farmers about impending droughts and/or disasters. Awareness campaigns are conducted at farmers days through presentations, radio slots and pamphlets. Since 1 April 2023, 72 awareness campaigns have been made to emerging farmers and rural communities.

• VELDFIRE RELIEF: Since December 2022 the Department implemented the relief scheme on veld fires of Kagisano Molopo in Dr Ruth Segomotsi Mopati District. The table below details the assistance given to the farmers:

Commodity	Quantity	Amount®	Beneficiaries (NR)
FODDER	16 125 BAGS	R5 000 000	1 240 FARMERS
PIPES	12 KM	R251 000	13 FARMERS
FENCING	140 KM	R3 800 000	170 FARMERS
SKID UNITS	20	R472 000	2 FPA’s
TRAINING	3 DAYS	R292 000	251 FARMERS
PPE	SHOES, OVERALLS, EYE PROTECTORS	R309 000	FARMERS

• FLOOD RELIEF The Department further reprioritized R3 million to assist emerging and communal farmers of Deelpan village through a flood relief scheme. Below is a table detailing the assistance given to emerging and communal farmers.

Commodity	Quantity	Beneficiaries	Allocation
Bulls	5	Community	R339 250.00
Goats	90	74	R714 150.00
Diesel	56 000 Litres 11 300 Litres	17	R1 500 000.00 R263 064.00
TOTAL EXPENDITURE			R2 816 464.00

• FIREBREAKS: With the financial assistance from DALRRD, 1 200km of firebreaks are being implemented in the province. 75% have been completed in three districts and only Dr Ruth Segomotsi Mompati District (RSM) is not completed but work is underway. 300 kilometres of fire belts/breaks are created per district. The farmers and community members are made aware of the fire breaks and are involved in calculating the kilometres that have been implemented. Below are fire breaks that are to be created in Dr RSM District.

GREATER TAUNG
AREA	KILOMETERS	COORDINATES
1. Khudutlou	8 km	27°66’ 65” S 25°04’ 48” E
2. Kokomeng	6 km	27°62’96” S 25°04’48” E
3. Morokweng	8 km	27°55’42” S 24°85’63” E
4. Orange Groove	10 km	27°17’47” S 24°36’63” E
5. Vaalbos hoek	8 km	27°49’45” S 24°27’88” E
6. Rietfontein	10 km	27°49’45” 24°28’87” E
7. Shaleng	10 km	27°55’25” S 24°27’07” E
8. Morafe Ranch	20 km	27°46’98” S 24°28’47” E
9. Mokgareng (Leshobo/Mase)	10 km	27°56’58” S 24°74’69”E
KAGISANO MOLOPO
1.Kgokgole	10 km	26°42’58’’S 26°55’31’’E
2.Eskdale 3.Bullrand 4.Eckron 5.Pouval	20 km	26°46’36’’S 23°41’36’’E 26°46’40’’S 23°45’13’’E 26°48’22’’S 23°45’51’’E 26°40’46’’S 23°51’30’’E
3.Vragas	10km	26°49’21’’S 23°57’23’’E
4.Tseoge Morafe Ranch	20km	25°97’00’’S 23°49’66’’E
5.Heartland	10km	25°50’26’’S 23°27’23’’E
6.Maheng	10 km	25°59’37’’S 23°32’34’’E
LEKWA-TEEMANE
1.Kgotsofalang (Smitskraal CPA)	20km	27° 32’ 58’’ S 25° 40’ 46’’ E
NALEDI
1.Broedesput CPA	40km	26° 83’ 05’’ S 25 11’ 56 E
MAMUSA
1.Kleinbegin Farm	4,28km	27°30’01” S 25°09’27” E
2. Jerusalem Farm	8km	27°27’35” S 25°17’42” E
3.Klipkuil Farm	4km	27°15’ 52” S 25°01’12” E
4.Johanessrust Farm	10km	27°13’32’’S 25°05’27” E
5.Tshepang Farm	10km	27°23’02’4’’ 25°07’09” E
6. Areitireleng Farm	10km	27°21’33” S 24°57’46” E
7. Karabelo project	10km	27°21’33” S 24’50’30” E

b) KWAZULU-NATAL

The Department has approved and is in the process of finalizing procurement for the following projects:

• Drilling of 19 boreholes powered by windmill including 3 x 5000 water tanks with two drinking troughs for livestock in uMkhanyakude District Municipality to the value of R15 000 000.00;
• Livestock Infrastructure Phase Four - Drilling of 9 boreholes powered with windmill including 3 x 5000 water tanks with two drinking troughs for livestock in uThukela District Municipality to the value of R6 500 000.00;
• Livestock Infrastructure Phase Four - Drilling of 12 boreholes powered with windmill including 3 x 5000 water tanks with two drinking troughs for livestock in King Cetshwayo, Harry Gwala, Zululand, and iLembe District Municipalities to the value of R10 000 000.00; and
• The Department of Agriculture, Land Reform and Rural Development, supported Small Scale Growers (SSGs) in the sugar cane industry from six districts in KwaZulu-Natal for ratoon management support with inputs to the value of R99 651 240. The project benefited over 10 679 farmers with a total of 116 415 bags of fertilizer across eleven mill areas. The below table illustrates the summary of production input deliveries and the expenditure incurred;

SSG FERTILIZER PROJECT 2023: SUMMARY OF PRODUCTION INPUTS DELIVERABLES AND EXPENDITURE

MUNICIPAL DISTRICT	BUSINESS PLAN	RAND VALUES	Bags @
	Area	Growers
Umzimkulu	1 436.65	235	5 496 575	7 183
Sezela	3 166.59	1 661	13 119 224	15 833
UGU	4 603.24	1 896	18 615 799	23 016
Umfolozi	2 478.89	1 624	10 259 877	12 394
UMKHANYAKUDE	2 478.89	1 624	10 259 877	12 394
Gledhow	2 210.40	182	8 781 311	11 052
Darnall	1 948.55	160	7 740 475	9 742
Maidstone	1 476.30	343	5 775 455	7 382
ILEMBE	5 635.25	685	22 297 224	28 176
Noodsberg	849.60	714	3 279 031	4 248
Eston	737.45	487	2 932 852	3 687
UMGUNGUNDLOVU	1 587.05	1 201	6 213 883	7 935
Pongola RCL	136.60	16	563 855	683
ZULULAND	136.60	16	563 855	683
Amatikulu	4 040.22	2 661	17 989 041	20 201
Felixton/Makhatini/Jozini	4 801.75	2 596	21 334 663	24 009
KING CHETSHWAYO	8 841.97	5 257	39 323 703	44 210
TOTALS	23 283	10 679	97 274 342	116 415

(c) EASTERN CAPE

The following farms have benefited from the Drought Relief Project:

• Ndikhingomso (Kakostraal Portion A);
• Driefontein Farm; and
• Weltevrede / Rulani Farm.

These farms are based in the Sarah Baartman District. The veld fire mitigation project which will assist smallholder farmers that are vulnerable to veld fires is currently at supply chain level. This project will be implemented in the current financial year and will be rolled out in Amathole, Alfred Nzo and Chris Hani Districts.

Reply:

My department recognises the importance of market access as an enabler for creatives to sell their products locally and globally. These could take various forms, and music is one of these art forms. To this end, my department has developed and implemented an array of initiatives to facilitate creatives’ access to markets; One significant initiative through which this is done is the Mzansi Golden Economy (MGE).

MGE is a comprehensive program aimed at stimulating economic growth within the arts, culture, and heritage sectors. Touring Ventures is one of the programmes of MGE, developed mainly to provide funding and support for the touring of local art products to be showcased on international platforms and markets.

This initiative serves multiple purposes including taking unique and culturally rich creations to international audiences. By exposing international audiences to South African creative products, the government helps expand the global reach and recognition of local artists.

Through this, eligible local creatives are provided with opportunities to perform at international exhibitions, book fairs, festivals, theatre plays, concerts, and events.

These performances not only allow creatives from different disciplines to showcase their talents but also connect them with international industry professionals, potential collaborators, and fans who are the buyers of the art products. This exposure can lead to international collaborations, increased fan bases, and enhanced market access.

Furthermore, the exposure gained from international tours can lead to increased demand for performances, both domestically and internationally. By presenting South African art products on global stages, the government enhances cultural diplomacy and fosters positive international relationships, and this includes performing at various cultural seasons organised by the Department.

Cultural seasons, also known as cultural festivals or arts seasons, are periods of time during which a specific theme, genre, or cultural aspect is highlighted and celebrated through a series of artistic and cultural events, performances, exhibitions, and activities.

South Africa has entered into bilateral agreements with other countries, which enable the participation of local creatives in various disciplines, music being one of them, in the respective countries.

There is a lot of work that the department does to create an enabling environment for creatives to participate on international platforms, exposing the different art products the country produces in the Music space, Book and Press, Design, Craft, etc.

THANK YOU

Reply:

(1). The 2023 South African Sport Awards are yet to be hosted by the Department of Sport, Arts and Culture.

(2) & (3) falls off as the event is still to be hosted.

Reply:

MARATHON	a) MALES	b)FEMALES
(i) Cape Town Marathon	Four (4) tests (no athlete tested positive)	Four (4) tests (no athlete tested positive)
(ii) Two Oceans Marathon (ultra and half marathon)	Ten (10) tests (no athlete tested positive)	Nine (9) tests (no athlete tested positive)
(iii) Comrades Marathon	All top ten (10) athletes were tested. No athlete tested positive	All top ten (10) athletes were tested. No athlete tested positive

Reply:

(a) A municipality is empowered to establish a municipal police service in terms of Chapter 12 of the SAPS Act.

(b) The expression law enforcement officer must be interpreted in the confines of section 334 of the CPA and other applicable legislation, for instance, the SAPS Act, the Constitution of the Republic of South Africa, 1996, and the National Road Traffic Act, 1996 (Act No. 93 of 1996) (the applicable legislation).

(c) In terms of the applicable legislation a municipality cannot establish a criminal investigation unit that is not a municipal police service as contemplated in Chapter 12 of the SAPS Act, and the Notice cannot confer powers on a municipality to establish such a criminal investigation unit.

(d) In terms of the interpretation in paragraph (b), the expression means—

(i) a member of a municipal police service, established as a municipal police service in terms of Chapter 12 of the SAPS Act; and

(ii) a traffic officer, reserve traffic officer, traffic warden and reserve traffic warden contemplated in the NRT Act, appointed by a municipality.

(e) A member of a municipal criminal investigation unit, which has not been established as a municipal police service in terms of Chapter 12 of the SAPS Act, cannot for purposes of the Notice be regarded as a peace officer.

(f) Section 334(2)(a) of the CPA provides that a person who is a peace officer is only authorised to exercise the power of a peace officer if he or she is in possession of a certificate of appointment issued by his or her employer. The Minister has in terms of the Notice, in terms of section 334(3)(a) of the CPA, prescribed that a certificate of appointment referred to in section 334(2)(a) of the CPA can only be issued if the employer of a "law enforcement officer appointed by municipality" has been furnished with a certificate of competency by the National Commissioner of the South African Police Service in which it is stated that such a "law enforcement officer appointed by municipality" is competent to exercise the powers conferred upon a peace officer in terms of the Notice.

I do not intend to withdraw the Notice as issued by the then Minister of Justice.

Reply:

1. The decision by the Department is informed by the Pesticide Management Policy of South Africa, 2010. The Policy amongst others issues, requires measures to be taken to deal with pesticides that pose unmanageable risk, such as those with Endocrine Disrupting Properties, Persistent Organic Pollutants (POPs), carcinogenic and immunotoxic potential, formulations classified by World Health Organization as Extremely Hazardous (Class 1a) and Highly Hazardous (Class 1b), as well as pesticides associated with frequent and severe poisoning incidents. The measures outlined in the Policy include restrictions, phase-out, and ban.

Based on the definition of Highly Hazardous Pesticides as per the Food and Agricultural Organization (FAO) and World Health Organization (WHO) published in 2016, it was decided that pesticides that meet the criteria of Carcinogenicity, Mutagenicity and Reproductive (CMR 1A or 1B) of Globally Harmonized System (GHS) should be banned as they cause disproportionate harm to human and animal health. CMR 1A or 1B are pesticides that are scientifically proven to induce or increase cancer, heritable genetic defects, and adverse effects in the progeny and/or an impairment of male or female reproductive functions or capacity.

2. Most of the pesticides that fall within the World Health Organization Classification 1a and 1b are fumigants. Although such pesticides are classified as extremely hazardous (1a) and highly hazardous (1b), the Department decided that rather than banning such pesticides, the appropriate measure would be to impose restrictions as currently, there are limited viable alternative pesticides. Restrictions as per the said Policy is one of the regulatory measures where sales and use of certain pesticides of concern are limited to trained professional applicators. Where pesticides are restricted, exposure to such products by the public and workers is limited.

3. The Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947) provides for the Minister to appoint Technical Advisors to advise the Registrar on technical matters. The Registrar together with Technical Advisors also relies on advice from other relevant government departments, international bodies like the Food and Agriculture Organisation of the United Nations (FAO), World Health Organisation (WHO), and regulatory bodies from other countries (e.g. European Union).

(a) Apart from reliance on Technical Advisors appointed in terms of the said Act, no outside experts were commissioned to advise the Registrar on the determination of the active ingredients that meet the CMR 1A or 1B categories.

(b) The Department relies on the classification of pesticides based on the Globally Harmonized System of classification and labelling of chemicals (GHS) to determine the list. Using the criteria of Highly Hazardous Pesticides as defined by the FAO and WHO 2016, together with the European database the list of pesticides with CMR 1A or 1B properties were identified. It should be noted most countries rely on the European Pesticide and European Chemical Agency (ECHA) databases, as such, the identified list of pesticides is harmonised with other countries. Furthermore, as review of pesticides with CMR 1A or 1B is continuing at an international level, the Department will update the list as the information becomes available. The Department does not see the need to repeat the work that is already being done by a world recognized regulatory authority.

4. (a) To identify CMR substances, pesticide active ingredients and their formulations that meet the criteria of carcinogenicity, mutagenicity, and reproductive toxicity categories 1A and 1B of the GHS was used as references. To assess whether a pesticide is category 1A or 1B for CMR, DALRRD does not do its own classification, but rather relies on data sources from the European Pesticide database and European Chemical Agency (ECHA).

(b) The classification was done by the European Union Authority. Based on the GHS criteria, individual companies did their own initial classifications. Using the GHS criteria together with the European Union databases, the Registrar after verifying the information approves the classification and label where such was done correctly.

(c) The outputs are the approved Safety Data sheets and labels. There are no reports compiled.

5.(a) The list has been finalised.

(b) The list will be published by 31 October 2023 on the Department’s website. Once the list is published the Department would welcome comments for further consideration.

Reply:

The success of bringing any number of hectares into production cannot be attributed to effective implementation of the Spatial Planning and Land Use Management Act No. 16 of 2013. In the Budget and Policy Speech on 9 May 2023, it was indicated that the Department of Agriculture, Land Reform and Rural Development (DALRRD) working with the National Agricultural Marketing Council (NAMC) concluded a spatial analysis and did economic projections to identify the possible impact of bringing agricultural land in traditional areas into production.

(a),(b) Falls away

Reply:

The country is committed to a fair transition, and this is supported by the Integrated Resource Plan (IRP) of 2019. The IRP 2019 pursues a balanced energy mix made up of coal fired power stations, green energy power projects and other technologies. It is shown in IRP that green energy when combined with other technologies will be able to provide the necessary energy security of supply.

Reply:

1(a). The SA Rugby Union (SARU) has confirmed that they have (i)15 Rugby Unions and (ii)1 of these is under administration.(b) In the Western Cape (Western Province Rugby Football Union, Boland Rugby Union, South Western Districts Rugby Football Union; In the Eastern Cape - Border Rugby Football Union and Eastern Province Rugby Union; in KZN - KwaZulu Natal Rugby Union; Free State- Griffons Rugby Union and Free State Rugby Union; in Gauteng - Golden Lions Rugby Union, Blue Bulls Rugby Union and Valke Rugby Union; In NC Griqualand West Rugby Union; in NW The Leopards Rugby Union; in MP Mpumalanga Rugby Union and in LP Limpopo Rugby Union.

(2). Western Province Rugby Football Union is under Administration. The appointment of an administrator, in terms of Clause 29.5 of the SARU Constitution, was to stabilise the Union’s governance and operational business and was not meant to have any

direct influence on the on-field rugby affairs. The appointed administrator, reporting to the CEO of SA Rugby Union, is responsible for regular updates into the governance structures within SA Rugby Unions as well as the representatives of the Western Province rugby clubs.

The tabling and approval of annual financial statements is the competency of the Western Province Rugby Union General Council. The annual financial statements backlog that existed prior to placing Western Province rugby under administration is being addressed by the administrator and the external auditors with the ability to operate as a going concern being a significant audit technical matter to resolve before such accounts are presented to the general council.         

(3). At the time that SA Rugby Union had taken over as administrator, Western Province Rugby Football Union could not fund their operations due to significant liquidity constraints. In addition to this the refinancing of existing borrowings, where fixed owned properties belonging to Western Province Rugby Football Union were provided as security, meant that any default to the bondholder would result in the available equity in such properties being at risk/lost.

Amongst the many challenges faced as administrator was renegotiating a new anchor tenant agreement for the use of the Cape Town (DHL) stadium which resulted in more favorable commercial terms being reached and contributing towards the overall goal of financial sustainability. The ability for Western Province Rugby to continue its operations and the Stormers winning the inaugural international United Rugby Championship and subsequent finalist the year thereafter, meant that whilst under administration the brand value of Western Province rugby was not only protected but also enhanced to exploit commercial opportunities into the future. The potential to realize equity from the encumbered immovable properties still exists due to ongoing negotiations with the property bondholder.  

(4). Unless the costs associated with bidding and hosting of a Rugby World Cup are guaranteed by the public and/or private sector, SA Rugby Union will not have the financial resources to bid for and host such an event into the future.  World Rugby has allocated the hosting of the next World Cup in 2027 to Australia and 2031 in America.  The next opportunity to Bid, subject to funding and support will be once World Rugby opens the Bidding process for subsequent World Cups post 2031.

THANK YOU

Reply:

To my understanding, the South African Music Rights Organisation (SAMRO) was established by local composers and copyright owners such as record companies, to act as their representative body for the collection and administration of copyright royalties. Notably, SAMRO's membership comprises the very independent artists and rights-holders it represents.

In the spirit of good governance and in accordance with democratic principles enshrined in our Constitution and other pertinent laws, any matters of concern, should such exist, can be appropriately addressed by the members themselves, as they possess the legal authority to do so. We therefore cannot comment on matters outside our legal mandate.

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Reply:

1. (a) The employee was suspended in terms of the Disciplinary Code applicable to members of the SMS (the Code) as it was alleged that the employee had committed serious acts of misconduct (29 charges) including several allegations of prejudicing the administration of the department, failing to carry out lawful instructions, abuse, insolence and gross insubordination. The employer believed that the employee’s presence in the workplace may jeopardise the investigation, endanger the well- being or safety of employees and/or witnesses and undermine the work of the employer.

(b) The employee was suspended in accordance with the Public Service Act and the Code by the Director-General, which was subsequently extended by the chairperson in terms of paragraph 2.7. 2(c) of the Code.

(c) (i) The employee was suspended from 13 October 2020 until 27 September 2023, when the matter was finalised.

(ii) The employee was suspended on full pay in terms of paragraph 2.7. 2(b) of the Code.

2. The DPSA is not aware of any whistleblowing report submitted by the employee and cannot therefore provide details thereof.

End

Reply:

a) The Department has implemented an e-Visa system for tourist purposes, attendance of meetings and conferences and short-term business visas for 35 countries that are not visa exempt.

b) This e-Visa system will be extended to Study, Business and Intra Company Visas categories by the end of this financial year.

 

END

Reply:

As part of its establishment, the BMA integrated a total of 2100 staff members from 4 different government departments. The departments include:

• The Department of Home Affairs.
• The Department of Agriculture, Land Reform and Rural Development.
• The Department of Forestry, Fisheries and the Environment.
• The Department of Health.

As part of the transfer, the BMA received R1.3 billion (R1 341 224 000) for Compensation of Employees as well as Goods and Services from the four transferring departments, in line with the transfer of functions and resources. The transferred amount was not new money, but money that was already in the respective departmental baselines.

In addition, the BMA requested a budget of R2.6 billion as new money from the National Treasury in order to capacitate the Authority, but was only allocated less than 10% of the requested amount. The allocated new money by National Treasury was R250 million to the BMA for the 2023/24 Financial Year.

This led to the total budget of the Authority being R1.59 billion, which is a total of the R1.3 billion old money and R250 million new money allocated by the National Treasury.

END

Reply:

The Department does not keep records of school fees to either public or independent schools. The responsibility to charge schools fees is left with the School Governing Bodies in consultation with and with the approval of parents in an Annual General Meeting convened for that purpose. In terms of section 39 of the South African Schools Act, 84 of 1986: 

"(1) Subject to this Act, school fees may be determined and charged at a public school only if a resolution to do so has been adopted by a majority of parents attending the meeting referred to in section 38(2). 

(2) A resolution contemplated in subsection (1) must provide for-

(a) the amount of fees to be charged; and

(b) equitable criteria and procedures for the total, partial or conditionaln exemption of parents who are unable to pay school fees.

(3) The governing body must implement a resolution adopted at the meeting contemplated in subsection (1).

This therefore makes it a school governance matter outside the jurisdiction of the Department. The Department intervenes in appeal cases of application for school fees exemptions and where learners are refused education on the basis of the parents' inability to pay school fees.

Reply:

(1)(i)(ii)(iii) 

Response to (1)(i)(ii)(iii) on actual numbers is attached.

Question 2 can best be responded by respective provinces as they are the custodians of schools.

Reply:

a) As indicated in my reply, the Department is finalising the Sector Strategy for Employment of Social Service Professionals in collaboration with provincial departments of social development and other key departments in the social cluster such as Basic Education, Correctional Services and the private sector. The funding bid for the Strategy has been submitted to the National Treasury for consideration in the upcoming Mid-Term Budget Policy Statement.

b) To date, the Strategy has been widely consulted with key structures and will be tabled for Cabinet consideration in the current financial year.

Reply:

1. (a) (i)(ii) The current rate is R169,68 per each assessment, which is the same for disability-related grants.

It is important for the Honourable Member to note that the achievement of the targets is dependent on availability of the assessor and space at the health facility where assessments are to be conducted.

(b) The targeted number of assessments per day is 40

(ii) 200

(iii) 800

2. The assessment current rate of R169, 68 is uniform across the country.

3. MBCHB qualification from a recognised institution, registration with HPCSA plus 2 years post registration as a medical officer. Privately contracted doctors and doctors in the employ of the state are also allowed to undertake social assistance work in the internship programme.

Reply:

1. (a) As guided by national legislation on whistle blowing, the Protected Disclosures Act (Act No. 26 of 2000), the Department and its public entities encourage the public and employees to report all suspected cases of fraud and corruption on available platforms such as the SAPS Crime Stop and the Public Service Commission’s Whistle Blower and Corruption Hotline.

This is to avoid duplication and to ensure suspected cases are reported to relevant law enforcement agencies that have the necessary resources to investigate such cases.

(b) (c)

	Number of reported cases since 2013	Nature of complaint(s)
Social Development	24	NPO corruption, poor governance, conflict in the organisation, fraud, and theft/hijacking of the organisation
National Development Agency	7	Civil society organisations not receiving their training certificates
SASSA	3 262	Fraud and corruption involving social grants

2. (a) reported cases are referred to law enforcement agencies for further investigation and prosecution, where there is enough evidence to do so.

(b) refer to 1 (b) (c)

(c) refer to 2 (a)

Reply:

Section 18 (1) of the Water Services Act, Act 108 of 1997 states that a Water Services Authority must report on the implementation of its development plan during each financial year. The reports must be made within four months after the end of each financial year and must be given to the Minister for Provincial Affairs and Constitutional Development, the relevant Province and every organisation representing municipalities having jurisdiction in the area of the water services authority.

Such reports are not submitted to the Department of Water and Sanitation (DWS), but rather to Cooperative Governance and Traditional Affairs (COGTA).

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Reply:

Currently the process of conducting lifestyle audits on members of the executive is not legislated, therefore in order to legitimately obtain the information of individual members in order to conduct the lifestyle audits, members of the executive had to grant consent in writing.

The Office of the Director General considered two options for conducting lifestyle audits on members of the executives. The first option was to use the internal capacity within government with the support of external expertise on certain aspects such as data analysis.

Bodies such as the State Security Agency (SSA) or the Special Investigating Unit (SIU) could be considered to conduct the lifestyle audit. The second option was to fully outsource to an external audit firm or consortium of experts and closely project manage the rollout of the audit.

The Presidency is using both options, the pre-investigation phase which is the first phase of the lifestyle audit will be conducted by an external service provider.

As previously stated in the oral reply for PQ 2883, it is anticipated that this project will be concluded by the end of this financial year.

Reply:

Find here: Reply

Reply:

The Department of Cooperative Governance and Traditional Affairs did not issued any regulations and/or directives to municipalities with regard to end-of-year functions. This specific matter is addressed in the Local Government: Municipal Cost Containment Regulations issued by the National Treasury as well as MFMA Circular 82.

It is recommended that honourable member redirect the question to Minister of Finance for the National Treasury to respond accordingly.

End.

Reply:

(a). Cricket South Africa (CSA) has indicated that there were no findings or recommendations by Judge Ngoepe and

(b). There is nothing to implement.

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Reply:

(a),(b),(c) The Commission on Restitution of Land Rights has no record of any claims submitted for Hansmoeskraal 202, Syferfontein 203 and Buffelsdrift 204 on or before 31 December 1998 in terms of the Restitution of Land Rights Act No. 22 of 1994.

The claim reference number A769 was lodged by the late Mr Abraham Arries for Pacaltsdorp which was dismissed as it was non-compliant with the provisions of the Restitution of Land Rights Act, 1994. Attached as Annexure A is a copy of the non-compliance letter addressed to the claimant.

 

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Reply:

(1). My department does not possess any legal authority or mandate to access or review the financial records of SAMPRA. We therefore cannot confirm or assist on this matter.

Kindly be advised that the Performers Protection Act of 1967, as amended, delineates the specific responsibilities and requirements related to the management

and accounting practices of needle-time collective management organisations. In this needle-time, CMOs are required to provide financial accounting and reporting exclusively to the Companies and Intellectual Property Commission (CIPC) as mandated by the mentioned legislation.

(2). SAMPRA's decisions regarding which musicians or performers they engage or funding for specific events, fall within their operational discretion and are not typically subject to specific reporting requirements to DSAC. Their primary obligation in this context is to comply with relevant intellectual property laws and regulations, particularly those governing royalty collection and distribution, which are primarily overseen by the CIPC.

(3). We are unable to provide specific comments or information regarding SAMPRA's internal business affairs.

(4). In the context of the aforementioned, we recommend that you reach out directly to SAMPRA to source the information or you can refer all the matters to the relevant authority, thus the CIPC for further investigation.

THANK YOU

Reply:

The Department of Employment and labour does have new and existing strategies to curb unemployment in the country. These include:

1. The developed a National Employment Policy (NEP) in line with the ILO Employment Convention No C122 and Employment Policy guidelines with 09 intervention areas. The Draft policy is currently under consultations within government Departments and will be soon tabled to Cabinet before it is formally released for public comment.

2. The Draft National Labour Migration Policy and the Employment Services Amendment Bill to give effect to the policy have been finalised and are to be submitted to Cabinet once all the applicable certificates are obtained during November 2023

3. The mandate that we are executing on-behalf of the President to coordinate the National Pathway Management Network, that is bringing a range of actors in youth employment under a single roof. To give effect to this, we have contracted GTAC to assist us in managing this massive program that is working with the Presidential Youth Employment Initiative. This program has already delivered more than 800 000 employment opportunities for young people.

4. The Department also co-ordinates the Pathway Management Network, and contributes more than R 372 million annually to this process.   Through the Pathway Management Network more than 108 061 earning opportunities have been secured by youth, during the first quarter of 2023. Through the Youth Employment Service, which is a private sector initiative, more than 10 695 youth secured workplace experience opportunities, through the revitalised youth service, more than 47 000 youth gained insight into different fields of work. In collaboration with the Department of Higher Education and Training the Pathway Management Network has placed more than 1 6437 TVET graduates in opportunities.

5. The work we do on daily basis throughout our 126 offices, mobile units and online to assist work seekers to access work opportunities. For the period April 2023- August 2023, the Department registered more than 334, 088 new work seekers on its ESSA database. More than 77 357 work opportunities were registered by employers with the Department. And 32 444 work seekers were placed into employment opportunities. A further 142 648 work seekers were provided with life skills interventions and employment counselling interventions to help them transition to the labour market.

6. The Compensation fund has created 1,325 additional jobs. The Compensation Fund's provide bursaries that are intended to impact on the workforce by assisting those in need, creating job opportunities, and empowering marginalised youth.

7. The CCMA also assisted with the prevention of job losses. Between April 2023 and July 2023 more than 6000 jobs were saved.

8. Productivity SA’s: In Quarter 1 of 2023/24, supported 420 enterprises within 20 districts contributing to 3500 jobs. Trained a total of 667 Entrepreneurs, managers and workers, and capacitated 247 Productivity Champions. Demographics of Entrepreneurs, Workers and Managers trained indicates that of the 667 people trained, 201 are youth, 289 are women and 487 are Black Entrepreneurs as per information reported. The Business Turnaround and Recovery Programme has intervened in 30 new companies from April 2023 to date and saved 2076 jobs of which 1088 (52%) are youth.

9. The UIF through Labour Activation Employment Programmes has placed 8 523 beneficiaries into employment opportunities and over 5 723 are youth and people belonging to vulnerable groups.

10. The Department is an advocate of employment equity legislation and continues to do everything it can to change the employment demographics patterns in the broader economy. The amendments to existing legislation and the Regulations that have been published as part of our further consultations, are intended to accelerate the rate of transformation and employment of blacks in various positions.

11. The Department has 13 Factories across the country that provide employment to more than 1000 People with Disabilities. We also provide income subsidies to 9 Designated organisations on a rotational 3 years circle who employ people with disabilities within their ranks.

Reply:

(1). As the Minister I am not in a position to indicate whether the CSA elections were legitimate or not because as per the National Sport and Recreation Act (NRS) I do not get involved nor interfere in administrative matters of National Federations unless a dispute is tabled for my attention.

(2.) (a&b) I have also not been informed of any non-compliance and therefore cannot pronounce on this matter.

THANK YOU