Questions and Replies

Reply:

(a),(b),(c) None.

(i)(aa),(bb),(cc) (ii)(aa),(bb),(cc) (iii)(aa),(bb),(cc) Falls away.

Reply:

(1) The AI Kuwait that docked in Cape Town was ferrying 17500 heads of cattle from Rio Grande, Brazil to Iraq. A South African Company, acting on behalf of their customer, approached the Department with a request to allow the vessel that was transporting 17500 heads of cattle to dock in Cape Town to load 2000 tons of animal feed. Detailed specifications of the vessel were provided, ensuring stringent measures to prevent contamination. Loading procedures for the feed were outlined, involving the use of conveyor belts. No livestock from South Africa was carried on this vessel.

Relating to the cases of exports from South Africa, the current laws, standards, and international norms and standards that are used for the exports of live animals from the Republic, already serve to provide assurances for animal welfare. The department is, however, working on beefing up the regulatory framework by introducing regulations for the export of animals by sea.

(2) Yes.

(a),(b) The first draft will be finalised by the end of April 2024. This will be followed by the formal legislation development processes including a socio-economic impact assessment, public consultation, and review of the comments from the public. Once the process has been completed, the document will be presented to the Minister for consideration and promulgation. It is envisaged that the second part of the process will be completed in the second quarter of the next financial year.

(i),(ii),(ii),(iv) The regulations will include the appropriate measures.

(3) Any possible prohibitions will be considered during the drafting of the regulations.

4. No.

Reply:

It is our understanding that the transgressions (non-compliance with the Municipal Investment Regulations) in relation to the VBS investigations is currently before the courts. We are therefore unable to provide any comment in this regard at this point in time.

End.

Reply:

1. For ease of reference firstly find an updated summary of the total number of matters under investigation as at January 2024.

DIVISION	TOTAL MATTERS UNDER INVESTIGATION
DPP: WC	11
DPP: FS	3
DPP: MTHATHA	10
DPP: EC	12
DPP: NW	11
DPP: KZN	27
DPP: MPUMALANGA	8
DPP: NC	5
DPP: JHB	23
DPP: PTA	14
DPP: LMP	13
UNKNOWN DPPS/JURISDICTION
TOTAL	137

(2) Herewith the total number of cases carried by each of the divisions at the following phases:

(a) Phase A (0-33%) – available evidence, locating or compiling of docket, inquest reports, witness statements, detainee statements, location of SAPS 14 or Mortuary reports etc.

(b) Phase B (34-65%)- Expert reports, engagements with experts to obtain reports or to perform reconstruction of scenes.

(c) Phase C (66-100%) – Stages nearing completion of investigations and /or decision making based on evidence and expert reports.

NO	DIVISION	A	B	C	Total
1	WC	2	0	9	11
2	FS	0	0	3	3
3	MTHATHA	1	0	9	10
4	MKHANDA	6	0	6	12
5	NW	6	0	5	11
6	KZN	16	2	9	27
7	MP	6	0	2	8
8	NC	4	0	1	5
9	JHB	21	0	2	23
10	PTA	8	0	6	14
11	LMP	12	0	1	13
					137

Reply:

(1) (2) and (3) The question falls under the Executive Authority of the Members of the Executive Council (MECs) of the 9 Provincial Education Departments (PEDs). The Honourable Member is kindly requested to refer the question to the MECs as per section 92(3)(b) of the Constitution and Rule 134 (5)(b) of the NA rules. 

Reply:

a) Reasons for dependency on external service providers by municipalities for the work that can be done internally have been investigated and documented in the State of Local Government Report (SOLG) as follows:

• Lack of adequate support from National and Provincial Government departments and other service delivery departments.
• High vacancies rates in key senior management positions within municipalities (especially distressed municipalities) has resulted in the increased reliance on external service providers in core services.
• The absence of CFOs in municipalities impact sound financial management and vacancies in the technical departments compromise service delivery.
• Revenue challenges in municipalities (especially dysfunctional municipalities) caused by negative economic position makes is difficult for them to attract and retain competent staff members.

b) Measures to build internal capacity to provide the core services required by the public:

a) The introduction of the Municipal Systems Act: Municipal Staff Regulations of 2021, in line with the Municipal Systems Act, 32 of 2000, laid a solid foundation for the achievement of the objective to strengthen the capacity of municipalities to perform their functions through recruitment and appointment of suitably qualified and competent persons, thereby professionalising local government and decreasing the use of external service providers for core functions.

b) Municipal Skill audits (Gapskill system):

Chapter 5 of the MSR obliges municipalities to conduct Skills development to:

• support the achievement of the municipality’s goals set out in the Integrated Development Plan by providing critical skills that ensure the delivery of quality services.
• promote the development and retention of competent municipal staff, including the development of technical, professional and specialist staff who have the required qualifications and skills.
• support the employment equity objectives of a municipality.
• be based on high quality provision and effective workplace learning and development practices, including coaching, mentoring, on-the-job learning and opportunities for the practical application of skills in the workplace.

Moreover, the department is finalizing the enhancement of the Gapskill system in order to assist municipalities to support staff members to:

• clarify the skills required for jobs, identifying relevant skills needs and develop opportunities to satisfy the skills needs.
• identify new skills and knowledge required by staff to support their career growth and progression.
• create learning opportunities which will allow their staff to develop the skills and expertise to enable them to compete effectively for placement in new or vacant posts; and
• ensure that skills development is a KPA in senior managers and supervisors performance agreements.

c) Professionalisation of the public services:

• The Department is participating in the implementation of the Professionalisation of public service through the setting of uniform standards for staff establishment, job competency framework, recruitment, selection and appointment, performance management, capacity building and skills development.
• To deal with the issue of bloated organograms, the Department developed prototypes staff establishments according to powers and functions of different categories of municipalities and is now in the process of piloting and validating the prototype staff establishments in all municipalities, over a period of 36 months. The implementation of the prototype staff establishments will result in the “fit for purpose” functional operating models of municipalities. Capacitated municipalities will no longer rely on service providers for core services.
• In 2016, the Department introduced competency assessment for senior managers in line with the Competency Framework as promulgated in 2014 with the Regulations on appointment and conditions of services for senior managers (Regulations). The Department has finalised the review of the current Local Government: Competency Framework and assessment batteries for different categories of municipal positions during the 2022/23 financial year and has embarked on the pilot and validation of competency assessment batteries during the 2023/24 financial year.

d) To strengthen the coordination of capacity building in local government, the in order to build internal capacity:

The NCBF of 2004 has been reviewed and resulted in the approval of the Integrated Local Government Capacity Building Strategy (ILGCBS&IP) in 2022. This aims to provide an overarching new framework strategy that incorporates all current existing capacity building strategies in local government. The ILGCBS&IP will decisively deal with the rise of well-intended, but uncoordinated short-term municipal capacity building interventions and ensure that all municipalities become adequately capacitated to take on their redistribution, transformation and developmental tasks in a viable, structured and affordable way, and within the shortest possible period of time (as directed in the Constitution).

Establishment of a Sector-wide National Capacity Building Coordinating Forum as a coordination mechanism - consists of key sector departments, provincial departments responsible for local government, state associated institutions (LGSETA, SALGA). It serves as single-window of capacity building coordination and a clearing house for any initiative that is earmarked for local government.

End

Reply:

(1)(a) The total number of inmates completed (a) rehabilitation programmes are 7912.

(1)(b) The total number of inmates completed (a) re-integration programmes are 11697.

(2)(a) Total number of the released inmates who have reoffended completed rehabilitation programmes are 382.

(2)(b) Total number of the released inmates who have reoffended completed re-integration programmes are 51.

(3) Yes, the rehabilitation and re-integration programmes are effective and sufficient to prevent re-offending. Out of the total number of 16 472 inmates who were released on the special remission programme only 433 has re-offended as on 29 February 2024.

END.

Reply:

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Reply:

The Department of Water and Sanitation has not planned any events to take place before 29 May 2024 in celebration of the 30 years of democracy in the Republic.

 

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Reply:

 

Find reply here

Reply:

(a)(b),(c) Any member of the Communal Property Association (CPA), can make a request to the CPA executive to access CPA information. A request must be formally made to the CPA executive committee and the Department can assist if the Committee fail to provide the copy of the constitution, financial statements, and updated membership register.

(d) A request must be formally made to the Land Claims Commission to obtain copies of the title deeds.

Reply:

Find reply here

Reply:

Find reply here

Reply:

The Directive on Human Resources Management and Development for Public Service Professionalisation, Volume 1, ratified by the Minister for Public Service and Administration on 16 February 2024, specifies various support mechanisms to aid departments in implementing the National Framework for Public Sector Professionalisation. These mechanisms encompass, among numerous others, the following:

(a) Forms of Support Offered to Departments

In the context of forms of support offered to departments, the Directive specifies support in recruitment and selection, detailing requirements for the Senior Management Service (SMS), including the Nyukela Certificate, experience waiver for entry-level roles, and graduate recruitment programs. It obligates departments to train individuals appointed without experience, incorporating training, coaching, and mentorship for employee development. The Directive mandates that new employees undergo induction within six months of joining while existing staff must participate in re-orientation programs every five years. The Directive merges performance management with professional development, advocating for reporting tools to enhance impactful performance outcomes and link them to organisational goals. Furthermore, the Directive prescribes the maintenance of a qualifications database to align skills development with Human Resources plans and address the sector's skill shortages.

(b) Impact of Support on the Implementation of the Framework

Under the "impact of support on the implementation of the framework," it is imperative to note the Directive emphasises strict compliance and outlines legal consequences for non-compliance, aiming to enhance public sector proficiency and ethics through rigorous recruitment, comprehensive training, and ongoing professional development. This strategic approach is expected to have a positive ripple effect on the successful enactment of the Framework. With the official full-scale implementation date slated for 1 April 2024, and despite being nascent, proactive measures and preliminary applications of the Directive have already been set in motion. The implementation phase is reinforced by a meticulously designed monitoring framework, which employs systematic observation, in-depth analytical review, and the strategic leveraging of insights to strengthen accountability and transparency across the board. This methodology is finely tuned to align with the Directive's overarching goals, aiming to catalyse a transformative journey towards heightened excellence and professionalism within public service entities.

(c) Training and Workshopping of Heads of Department and Senior Management

Within the context of training and workshopping for heads of department and senior management, the Directive was extensively discussed at forums such as FOSAD, GSCID, and various inter-government committees, ensuring its comprehensive circulation for broad-based consultation and understanding. It was thoroughly workshopped with corporate leaders, encompassing senior managers and relevant officials, during the department’s routine monthly meetings with Heads of Corporate Services across the public service. Despite the Directive's formal effectuation date being 1 April 2024, proactive steps have been undertaken by the MPSA to roll out outreach and educational initiatives aimed at the actual implementers within the public service, as evidenced by the programmes already undertaken in the Mpumalanga province. These outreach and educational sessions to all provinces have been planned for the first quarter of the 2024/2025 reporting period, signifying ongoing efforts in this crucial implementation area.

End

Reply:

	(a) Make	(b) Model	(c) Year of manufacture	(d) Date of purchase	(e) Purchase price paid since 8 May 2019
(i) Minister	BMW	X3 XDRIVE 20D	2022	4 March 2024	R786 710
(ii) Deputy Minister	Audi	Q5 4.0 TDI	2023	13 October 2023	R795 000

Reply:

The freeze dryer was not operational over the December period due to technical issues which required the services of a specialist service provider. Finding the specialist took some time with an appointment only made in January 2024. The freeze dryer has been operational since the third week of February 2024.

Six batches of vaccines have been freeze-dried to date. Production is continuing over seven days (every day of the week) to cover the production backlog.

Reply:

Find reply here

Reply:

In terms of Proclamation R84 of 2022, gazetted on 5 August 2022, I authorised an investigation by the Special Investigating Unit (SIU) into certain allegations with respect to the affairs of the University of Fort Hare. The matters for investigation included allegations with respect to the awarding of honours degrees.

I am informed by the SIU that the investigation is ongoing.

The SIU proclamations issued by the President are not meant for specific individuals but are rather related to alleged maladministration and/or malpractices in connection with the affairs of a State institution.

Reply:

1 (a-b) and (b)

Section 197 (1) of the Constitution states that “within public administration there is a public service for the Republic, which must function, and be structured, in terms of national legislation, and which must loyally execute the lawful policies of the government of the day”. The Code of Conduct for Public Servants also state under Section 12(f) of the Public Service Regulations, 2016 that public servants “Shall not abuse his or her position in the public service to promote or prejudice the interest of any political party or interest group”. Section 13(k) states that public servants shall “refrain from party political activities in the workplace”.

The question by the Honourable Member is therefore unfortunate, as it has undertones of dragging public servants into party political work. This is wholly unethical and against the Constitution. The Public Service and Administration cannot and must not work on the basis of opinion polls, which we are not aware of their methodologies, limitations and biases. The professionalisation of the Public Service requires that public administration be protected from political interference and abuse. To this end, the Department has proposed through the amendments to the Public Service Act, a clear delineation of duties and responsibilities to improve accountability between the political and administrative sphere.

End

Reply:

The Department of Public Service and Administration (DPSA) has approved a Manual in terms of section 14 of the Promotion of Access to Information Act, 2000 (Act No.2 of 2000) (PAIA) which, amongst others, deals with and promotes the right to access records held by the DPSA, as a public body and sets out the procedures to be followed by members of the public to access records held by the DPSA.

Furthermore, the DPSA has published, on its website, a Notice in terms of section 15 of PAIA identifying categories of records of the department which are automatically available without a person having to request access in terms of the procedures contained in the Manual.

The Manual and section 15 Notice are available on the DPSA website at the following link: https://www.dpsa.gov.za/paia/

In so far as human resource data and any other information to enable external analysis, research and advice is concerned, such requests are considered and released subject to the provisions of the PAIA and the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) with due regard to the lawful requirements for the further processing of personal information.

End

Reply:

Find reply here

Reply:

(a) (i) Please see attached

(b) (c) (d) The requested information resides with the provinces. The Honourable member is kindly requested to direct the question to the Members of the Executive Council (MECs). 

Reply:

 

Find reply here

Reply:

The Department of Human Settlements manage to build two hundred and forty-five, five hundred and eighty-seven (245 587) houses since 1 January 2019 to date (which is only for quarter one to quarter three of the current financial year. These houses were built throughout the nine provinces as per the breakdown on the below table.

Province	18/19 (Q4)	19/20	20/21	21/22	22/23	23/24 (Q1-Q3)	Total
EC	1 126	8 757	5 427	6 833	5 550	3 455	31 148
FS	761	2 290	1 890	1 647	311	188	7 087
GP	2 593	12 153	9 495	7 354	6 982	4 803	43 380
KZN	4 743	15 737	10 315	12 033	9 325	7 593	59 746
LP	3 954	8 135	4 518	4 269	4 808	6 200	31 884
MP	250	6 710	4 522	2 955	1 900	1 300	17 637
NC	96	620	221	591	173	84	1 785
NW	1 653	6 739	2 847	2 734	3 918	2 768	20 659
WC	3 007	8 184	6 354	6 200	5 665	2 851	32 261
Total	18 183	69 325	45 589	44 616	38 632	29 424	245 587

Reply:

No, the Minister has not engaged with King Misizulu Sinqobile kaZwelithini and the Minister of Agriculture, Rural Development and Land Reform because –

a) the administration of the Ingonyama Trust Act rests with the Minister for Agriculture, Land Reform and Rural Development, who is in terms of the provisions of the Act, the competent Executive Authority regarding the affairs of the Ingonyama Trust.

b) The Minister is also not a competent authority in relation to the issue of the desirability of the King taking the Chairpersonship of the Trust. The composition of the Board falls within the purview of the Minister for Agriculture, Land Reform and Rural Development.

End.

Reply:

1 The reasons for postponements are the following:

1. The case referred to above is the State v Johannes Mmola and four others as evidenced in Rabie Ridge CAS 106/05/2021 where the accused are charged with murder and malicious damage to property. According to courts records, the case was postponed 59 times not 75 times. Please see the attached annexure A.
2. The record of the court proceedings was painstakingly scrutinized by the Chief Prosecutor, East Rand and the majority of the postponements were as a result of absent legal representatives or the changing of legal representatives
3. After various remands for address verification and the sorting out of legal representation for the accused, the bail application commenced on 06 July 2021. Various other remands occurred during the course of attending to the bail application.
4. On 08 September 2021 the bail application proceeded where the investigating officer gave evidence in opposition to bail being granted. Bail was denied on 22 September 2021 for the first four applicants and the matter was postponed for further investigations. The matter was eventually remanded to 11 October 2021 for the post-mortem report and photo album.
5. On 08 November 2021, Adv Mudau came on record, handing in a legal brief from Mgiba Noxolo Incorporated. Only accused 5 was at court and the matter was remanded to 12 November 2021 for the other accused’s presence and for Adv Mudau to hand documents to the prosecutor with the intention to apply for bail on new facts.
6. Following various postponements, the application for bail on new facts for accused 4 was refused on 10 February 2022. Adv Mudau appeared for accused 2-5. The court allowed for a final remand for further investigations to 28 April 2022.
7. On 28 April 2022, Adv Mudau indicated his intent to bring an application on new facts for accused 5 who was absent as he was hospitalised. The court was then informed on 05 May 2022 that accused 5 had passed away and the case was postponed to 23 June 2022 for the death certificate and instructions from the Director of Public Prosecutions (DPP). On 23 June 2022, the case was transferred to the Tembisa Regional Court for 27 June 2022 under case number TRC228/2022.
8. On 14 July 2022, Adv Mudau informed the court that he had not received financial instructions and the family of the accused requested a postponement until 29 July 2022 to raise the funds.
9. Adv Mudau was absent on three subsequent court appearances whereupon the accused decided on 12 August 2022 to apply for legal aid on 12 August 2022.
10. Various postponements occurred in relation to the sorting out of legal representation. On 21 November 2022 it was confirmed that Ms Ledwaba will represent accused 3 and Judicare will be appointed to represent accused 1 and 4. Case was postponed to 08 December 2022 for this purpose. On 14 December 2022 and 16 January 2023, the matter was again postponed for the appointment of Judicare attorneys.
11. The court was eventually able to postpone the case till 07 March 2023 for disclosure purposes. On 07 March 2023, the matter was set down for trial at the Tembisa Regional Court for 25 May 2023.
12. On this day, the legal representative for accused 2 was not available as he was attending an urgent bail application in the High Court.
13. The matter was subsequently postponed to 11 September 2023 for trial. All within the control of the prosecution will be done to ensure that the matter proceed on 11 September 2023.
14. On 11 September 2023, the accused pleaded not guilty to the charges preferred against them.
15.  
16. On the same day, the first state witness, who suffers from a kidney disease, collapsed whilst in court and was rushed to hospital. The matter was rolled over to 12 September 2023 to potentially proceed with the matter, should this witness be available.
17. On 12 September 2023, the witness was still indisposed. The matter was postponed to 27 October 2023. On this date, the evidence in chief of the first state witness was concluded and the legal representative of Accused 1 started with cross-examination which was not finalised on 27 October 2023.
18. The matter was postponed to 16 January 2024 for continuation of the cross-examination of the first state witness.
19. On 16 January 2023, the third legal representative commenced with cross-examination of the first state witness. At this time, the witness requested a postponement due to ill health and having to be hospitalised.
20. The case was postponed to 08 July 2024 for the continuation of the cross-examination of the first witness.

2. The costs of individual criminal cases are not quantified. The cost of each case is part of the operational costs to run the Courts on a daily basis. The National Prosecuting Authority takes the management of court time seriously, and where prosecutors are guilty of misconduct in causing a case to be postponed unnecessarily, disciplinary/ remedial actions are taken. The only costs that the department incurred is R560.00 that relates to travelling expenses of the witness.

3. (a) Reply to question 1 provide various reasons for postponements. The question raised relating to consequence management does not have regard to the multifarious reasons for postponements which would have been granted by the Presiding Officers. The majority of postponements were not fruitless and wasteful expenditure and thus consequence management is not appropriate for any Legal Aid SA Official save for the double briefing by our Judicare Practitioner, Adv Mhlari, on 23 May 2023, which will be raised with the practitioner for consequence management in accordance with the Legal Aid SA ‘s Judicare accreditation terms and conditions.Save for the few occasions when the State applied for postponements for justified further investigation, the State has always been available and prepared to proceed, but due to external contributing factors, as set out above, the matter was postponed.

(b) From the record of proceedings and information supplied by the prosecutor, there is no indication of any undue delays occasioned by the State.

END

Reply:

The Presidential Youth Employment Initiative, implemented as the Basic Education Employment Initiative across all provinces has had four (4) successful Phases, of which Phase IV concluded in September 2023.  As there is no phase currently active, there are no teaching assistants employed in the Basic Education Sector. 

Reply:

(1)(a) The resignations have not impacted operations as the Contractor has built-in a capacity to train more that required security staff for any disturbance that may arise at the Centre.

(1)(b) The affected staff was from security the Contractor has accordingly trained enough staff for security functions and it is therefore easy to replace the resigned and dismissed staff.

(2) The current available plan is designed to replace the resigned and dismissed staff within a period of a month (30 days). There are people who underwent security training and were vetted by the authorised institution as well as DCS Training Standards. The trained officials await vacancies that may arise from the Centre as and when they arise, details of these individuals are provided to DCS for certification, it is only after certification has been granted by DCS that the Contractor appoints the individuals.

 

END

Reply:

i) Former Minister Mmamoloko ‘Nkensani’ Kubayi, 01 June 2019- 05 August 2021, used vehicles purchased by the Department in 2013 until the purchase of new vehicles in 2020.

	07 June 2020- 5 August 2021	07 June 2020 – 5 August 2021
a) Make	VOLVO BASED IN CAPE TOWN	VOLVO BASED IN PRETORIA
b) Model	XC60 D4 AWD G/T INSCRIPTION	XC60 D4 AWD G/T INSCRIPTION
c) Year of manufacture	2020	2020
d) Cost	R700 000.00	R700 000.00
e) Purchase date	2020/06/07	2020/06/07

	01 June 2019 – 7 June 2020	01 June 2019 – 7 June 2020
f) Make	Mercedes Benz BASED IN CAPE TOWN	Mercedes Benz BASED IN PRETORIA
g) Model	GL 350 Blue Tech	GL 350 Blue Tech
h) Year of manufacture	2013	2013
i) Cost	R951 626.90	R951 626.90
j) Purchase date	2013	2013

ii) Former Minister Lindiwe Nonceba Sisulu, 05 August 2021 – 06 March 2023, used the same vehicles purchased by the Department in 2020.

	05 August 2021– 06 March 2023	05 August 2021– 06 March 2023
k) Make	VOLVO BASED IN CAPE TOWN	VOLVO BASED IN PRETORIA
l) Model	XC60 D4 AWD G/T INSCRIPTION	XC60 D4 AWD G/T INSCRIPTION
m) Year of manufacture	2020	2020
n) Cost	R700 000.00	R700 000.00
o) Purchase date	2020/06/07	2020/06/07

iii) Minister Patricia De Lille, 2023 – to date has continued to use the same vehicles purchased by the Department in 2020.

	06 March 2023 to date	06 March 2023 to date
p) Make	VOLVO BASED IN CAPE TOWN	VOLVO BASED IN PRETORIA
q) Model	XC60 D4 AWD G/T INSCRIPTION	XC60 D4 AWD G/T INSCRIPTION
r) Year of manufacture	2020	2020
s) Cost	R700 000.00	R700 000.00
t) Purchase date	2020/06/07	2020/06/07

ii Deputy Minister Fish Amos Mahlalela (29 May 2019 – to date)

	18 May 2021- to date	18 May 2021- to date
a) Make	VOLVO XC D4 BASED IN CAPETOWN	VOLVO XC D4 BASED IN PRETORIA
b) Model	XC40 D4-AWD G/T Momentum	XC40 D4-AWD G/T Momentum
c) Year of manufacture	2021	2021
d) Cost	R700 000.00	R700 000.00
e) Purchase date	2021/03/18	2021/03/18

	8 May 2019 – 18 May 2021	8 May 2019 – 18 May 2021
a) Make	MERCEDES-BENZ BASED IN CAPETOWN	AUDI Q7 BASED IN PRETORIA
b) Model	MERCEDES-BENZ E350	AUDI Q7 SUV
c) Year of manufacture	2015	2015
d) Cost	R762 443.00	R878 700.00
e) Purchase date	2015/03/18	2015/03/18

Reply:

In July 2023 government launched an Energy One Stop Shop to assist Independent Power Producers (IPPs) with a streamlined process for various authorisations. The One Stop Shop falls under the stewardship of the Department of Trade Industry and Competition (DTIC) and the Department of Mineral Resources and Energy (DMRE) only provides necessary support. To avoid duplication of effort, the DMRE does not intend to establish a similar function within government which will serve the same purpose but will continue to provide support to the DTIC.

Reply:

	Minister	Deputy Minister
(a)	N/A	i) BMW ii) BMW
(b)	N/A	i) X3 XDRIVE 20D ii) X3 XDRIVE 20D
(c)	N/A	i) 2021 ii) 2021
(d)	N/A	(i)12/10/2021 (ii)20/12/2021
(e)	N/A	i) R761 199.40 ii) R768 666.99

Reply:

Find reply here

Reply:

Section 32 of the Constitution of the Republic of South Africa, 1996, grants the right of access to any information held by the State and provides that national legislation must be enacted to give effect to this right.

However, the Promotion of Access to Information Act No. 2 of 2000 (PAIA) provides the grounds for refusal of requested information as contemplated in Chapter 4 of the Act. In terms of Section 41, if disclosing information prejudices the defence of the Republic, the security of the Republic and/or the international relations of the Republic, such information is then protected under PAIA.

Section 41 reads as follows:

“41. (1) The information officer of a public body may refuse a request for access to a record of the body if its disclosure—

(a) could reasonably be expected to cause prejudice ~

(i) the defence of the Republic; 25

(ii) the security of the Republic; or

(iii) subject to subsection (3), the international relations of the Republic; or

(b) would reveal information—

(i) supplied in confidence by or on behalf of another state or an international organisation;

(ii) supplied by or on behalf of the Republic to another state or an international organisation in terms of an arrangement or international agreement, contemplated in section 231 of the Constitution, with that state or organisation which requires the information to be held in confidence; or

(iii) required to be held in confidence by an international agreement or customary international law contemplated in section 231 or 232, respectively, of the Constitution.”

PAIA allows access to be refused to information supplied in confidence by, or on behalf of another State or international organisation, or that is required to be held in confidence by an international agreement or customary international law. It is on this legislative basis that the minutes of the meetings held between the President of the Republic, Mr MC Ramaphosa, and other Heads of State and officials from foreign governments, cannot be disclosed.

Reply:

The Minister of Home Affairs was indeed informed in writing about service delivery challenges at the Phuthaditjhaba office. Water supply to the building was affected by a burnt water pressure pump on the galvanized water tank on top of the building. Municipal water supply was not reaching the building because there was no pressure at all. All bathrooms were not working due to no water supply.

As a result, and due to occupational health and safety considerations, the office started servicing clients from 07h30 in the morning and at 11h00 the office use to take the last group and close the door and serve the clients until they are all served, sometimes up to 14h30 or 15h30. However, the water supply to the building has been resolved and the office operates normal working hours until 16:00.

END.

Reply:

(i) No official vehicle has been purchased for use for the Minister since 08 May 2019.

(ii) Approval was obtained for the procurement of official vehicles for both Deputy Ministers on 14 October 2021. Official orders were placed on 01 December 2021 with the approved suppliers for both vehicles:

Deputy Minister Mashego Dlamini

(a) Toyota

(b) Fortuner 2.8 GD-6 VX A/T

(c) 2022

(d) R667 333.50

(e) Vehicle delivered in June 2022

Deputy Minister Botes

(a) Audi

(b) Q5 TDI QUATTRO S TRONIC

(C) 2022

(d) R718 459.99

(e) Vehicle delivered in September 2022

Reply:

The investigation is still underway and will be finalised by the end of March 2024.

Reply:

I have been advised by the Department as follows:-

The total counsel fees, as paid for by the Office of the State Attorney to date, is R738 875,00.

Authorised for submission by

______________________________________

MS. NONKQUBELA JORDAN-DYANI DIRECTOR-GENERAL

DATE:

 

Recommended/not recommended

 

 

__________________________

HON. PHILLY MAPULANE, MP

DEPUTY MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

DATE:

 

Approved/ not approved

________________________________

HON. MONDLI GUNGUBELE, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

DATE:

 

Reply:

1. No.

Employees and businesses operating in South Africa are generally subject to taxation in SA on the income derived from those SA activities. This is because the originating cause of the amount being received as income is the physical work that is undertaken to generate that income, which is located in SA (known as income from an SA source). However, most jurisdictions, including SA, also tax persons based on their being resident in those jurisdictions (known as residence-based taxation).

This could result in double taxation for the person concerned, as income may be taxed in SA based on that income being from an SA source while also being taxed in the jurisdiction where the person is a resident. To alleviate the problem of double taxation, SA has entered into a network of 79 tax treaties (23 jurisdictions in Africa and 56 jurisdictions in the rest of the world, mostly with SA’s main trading partners). Although the treaties are based on the OECD and UN models, there are variations between them depending on their age and the outcome of the negotiations between SA and the other jurisdictions. A list of the jurisdictions with which SA has tax treaties is available on the SARS website.

Under SA domestic law, SA will have the right to tax the employment income generated from the services rendered in SA. However, one of the rules generally found in a tax treaty, which will take precedence over domestic law, is that if the remote worker is in SA working for a foreign employer for less than 183 days in a twelve-month period, the employee’s country of residence will have the sole right to tax that income. No tax will be payable in SA and the remote worker should not register with SARS for income tax purposes. There are some exceptions to this rule, such as if the remote worker’s foreign employer has a tax presence (generally, a fixed place of business known for tax purposes as a “permanent establishment”) in SA; or if a South African business carries the cost of the remote worker’s employment by means of, for example, a cost recharge or service fee. In such cases, SA will have the right to tax the remote worker from day one.

Where the remote worker is in South Africa for more than 183 days in a twelve-month period, South Africa has a right to tax the remote worker on the income derived from working in SA, even if the foreign employer has no connection to SA. The remote worker will, therefore, have to register with SARS for income tax purposes and pay tax in SA on that income. As the foreign employer will not be deducting employees’ tax, the remote worker will be required to pay provisional tax every six months. The relevant provisions for the relief from double taxation in the employee’s jurisdiction of residence, set out in the tax treaty or the legislation of the jurisdiction of residence, will then come into play.

If there is no tax treaty between SA and the remote worker’s home jurisdiction, SA will tax the remote worker on the income generated in SA from day one.

A similar but not identical analysis applies if the remote worker is not an employee but instead renders independent personal services, such as a consultant with multiple foreign clients.

2. (a) The 1st phase of the SARS Traveller Management System was implemented during November 2022. As part of the implementation plan, the Communication and Marketing strategy included extensive public and private stakeholders’ engagements with, amongst other, the Department of Tourism; Department of Sports, Arts and Culture; Inter Ministerial Consultative Committee (IMCC); Border Technical Committee; Department of International Relations and Cooperation (DIRCO); Financial Intelligence Centre (FIC); Continental and Regional structures such as Southern African Development Community (SADC) and African Union (AU); WesGrow; Tourism Business Council of South Africa (TBCSA); and the Southern Africa Tourism Service Association (SATSA).

Furthermore, as part of making it easy for travelers to comply with their legal obligation, SARS also embarked on education and awareness initiatives such as a Traveller management webinar, digital advertising platforms, and a Traveller management webpage. Post implementation feedback sessions were also held with public and private stakeholders as part of continuous improvement.

The system was rolled out to all airports by September 2023 followed by specific land (Beitbridge and Skilpadshek), and seaports (Cape Town harbour) as pilot implementation. We are in process of finalizing roll-out at remaining ports. In order to make compliance easier a mobile app was implemented in December 2023, and we are currently developing additional functionality such as an online payment module, temporary import permits and the registration of goods for reimportation.

At this stage completion of the electronic Traveller Declaration is voluntary, and once the necessary legal provisions have been approved, it will be enforced as mandatory during the course of 2024.

b) The online Traveller declaration system enables travellers entering or leaving the Republic to meet their legal obligation to declare goods including currency in their possession before travelling and paying applicable taxes. The online declaration system is accessible through SARS website, Mobi-App and mobile device applications. Through this approach,

• The system creates a seamless process for compliant travellers at ports of entry/exit through providing the facility for pre-arrival automated declarations supported through integrated risk management and 3rd party data systems.
• Provides for the possibility of a coordinated border or whole of government approach to strengthen controls to detect and deter illicit activities such as illicit financial flows, prohibited and restricted goods, etc.
• Create awareness and provide clarity to build a culture of voluntary compliance.  

Reply:

Find reply here

Reply:

1. Detailed list of the 14 infrastructure projects recommended for a forensic investigation as highlighted by the Auditor-General’s report of 2019

	Project
1	Rock Art Tourism Phase 2, Eastern cape
2	Building of a Guest House 1 & 2, Free State
3	Sentinel Peal Car Access, Free State
4	Mnisi, Limpopo
5	VhaTsonga 1 & 2, Limpopo
6	Kamiesburg, Northern Cape
7	Nyandeni, Eastern Cape
8	Mthonsi Lodge, eastern cape
9	Qatywa, Eastern cape
10	Six Day Hiking Trail, Eastern Cape
11	Muzi Pan, Kwazulu-Natal
12	Sekhukhune, Limpopo
13	Tisane, Limpopo
14	Manyane Lodge, North West

(2)(a) Who were the officials presiding over the infrastructure projects that were under her department during the 2019 period?

Ms Morongoa Ramphela - DDG

Ms Lerato Matlakala – Chief Director

Mr Jonga Kuhlane – Director

Mr Thulani Sibeko – Director

Ms Mbali Zama - Director

Mr Thulani Mhlanga – Deputy Director (Project Manager)

Ms Lufuno Netangaheni – Deputy Director (Project Manager)

Mr Mandisi Mququ – Deputy Director (Project Manager)

Mr Brandon Canham – Deputy Director (Project Manager)

Ms Sandra Mocumi – Deputy Director (Project Manager)

Mr Godukile Mbolekwa – Deputy Director (Project Manager)

Ms Nonkululeko Madela – Deputy Director (Project Manager)

(2)(b)(i) What were the original project values per project?

	Project	Budget
1	EC Rock Art Tourism Phase 2	R 4,750,000
2	FS Building of a Guest House 1 & 2	R 34,234,974
3	FS Sentinel Peal Car Access	R 11,432,622
4	LP Mnisi	R 10,940,000
5	LP VhaTsonga 1 & 2	R 9,185,000
6	NC Kamiesburg	R 5,100,000
7	EC Nyandeni	R 7,600,000
8	EC Mthonsi Lodge	R 28,215,000
9	EC Qatywa	R 23,750,000
10	EC Six Day Hiking Trail	R 9,405,000
11	KZN Muzi Pan	R 12,447,480
12	LP Sekhukhune	R 10,622,500
13	LP Tisane	R 18,227,174
14	NW Manyane	R 48,465,113

(2)(b)(ii) What were the reasons for the variance between the fair value and expenditure incurred per project?

The reasons as per the AGSA findings include:

• Payments made to implementer for work not fully done;
• Ineffective identification, scoping and sourcing of projects;
• Scope of work changes not evaluated and pre-approve;
• Reports on Work-in-Progress were not reliable; and
• Poor quality of work.

Reply:

I have been informed by the SABC as follows:

The Department has facilitated a government allocated budget of R 35-million for both the editorial and technical requirements, including studio facilities and transmission costs.

The IEC is also supporting the SABC through trade exchange agreements to cater for key marketing and infrastructural elements at the Provincial and National Elections Results Operations Centres.

Authorised for submission by

______________________________________

MS. NONKQUBELA JORDAN-DYANI DIRECTOR-GENERAL

DATE:

 

 

Recommended/not recommended

 

 

__________________________

HON. PHILLY MAPULANE, MP

DEPUTY MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

DATE:

 

Approved/ not approved

________________________________

HON. MONDLI GUNGUBELE, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

DATE:

 

Reply:

1. The funding of health (including medical) research is managed between the Departments of Higher Education, Science and Innovation and Health and their respective entities. To ensure public good policy goals are coherently promoted across the two systems, there is a high degree of collaboration between the two Departments and its entities. The Department of Science and Innovation (DSI) is working with the National Health Research Ethics Council of the National Department of Health, the South African Medical Research Council, as well as the Academy of Science of South Africa (ASSAf) to develop guidelines for health research data management. Public funded health research is informed by the priorities that are set by the National Health Research Committee of the National Department of Health in collaboration with the Department of Science and Innovation. Researchers at the public funded Higher Education Institutes should adhere to the set priorities. Should a company want to fund research in line with the national health research priorities, the research proposal needs to be approved by the respective Institutional or provincial health research ethics committee, to ensure fairness and access.

2. The building of the capacity with regards to the research ethics committees is the responsibility of the National Health Research Ethics Council (NHREC) of the National Department of Health. The NHREC is a statutory body established under the National Health Act No 61 of 2003. The Act mandates the Minister of Health to establish the Council and it sets out NHREC’s functions, which involves giving direction on ethical issues relating to health and to develop guidelines for the conduct of research involving humans. The following are the functions of the NHREC as outlined in the Act:

• Determine guidelines for the functioning of health research ethics committees;
• Register and audit health research ethics committees;
• Set norms and standards for conducting research on humans and animals including norms and standards for conducting clinical trials;
• Adjudicate complaints about the functioning of health research ethics committees and hear any complaint by a researcher who believes that he or she has been discriminated against by a health research ethics committee.
• Refer to the relevant statutory health professional council matters involving the violation or potential violation of an ethical or professional rule by a health care provider.
• Institute such disciplinary action as may be prescribed against any person found to be in violation of any norms and standards, or guidelines, set for the conducting of research in terms of this Act; and
• Advise the national department and provincial departments on any ethical issues concerning research.

Reply:

1. Whether all variations/deviations incurred were properly authorized; if not, why not; if so, what are the relevant details?

I have been informed that the details are contained in the Annual Report of 2019 on the Department’s Website: https://www.tourism.gov.za/ResourceCentre/Pages/Reports.aspx

(2)(a) Whether there were any irregular activities in the management of the specified projects; if so, what are the relevant details of the irregularities?

Details of the findings are contained in the Annual Performance Report of 2018/ 2019 as well as in the Auditor General’s presentation to the Portfolio Committee on 8 October 2019.

https://www.tourism.gov.za/ResourceCentre/Pages/Reports.aspx.

(2)(b) and (2) (c) consequence management measures were taken against officials who were responsible for overseeing and/or residing over these projects and what are the specified measures;

(i) Disciplinary Process: Seven employees who were directly involved in the management of the projects were charged with gross financial misconduct and gross negligence. Two were not found guilty of the charges preferred against them. The Department has referred these cases to the Labour Court to review the ruling of the Chairperson of the disciplinary hearing. The parties, being the department represented by the State Attorney and the employees, represented by their lawyers are currently exchanging and the cases will be set down for hearing at the Labour Court in due course when pleading has closed.

(ii) Criminal Charges - The Department, following the provisions of the PFMA regarding allegations of financial misconduct, opened criminal cases with the South African Police Services (SAPS), against the implicated officials. SAPS investigations are currently underway.

(3) Will the Minister furnish Ms H Ismail with the basic account system payment reports on all projects from 1 January 2007 to 31 December 2022; if not, why not; if so, what are the relevant details?

The Financial Reports and Audited Financial statements are contained in the Annual Report (s) on the department’s website.

https://www.tourism.gov.za/ResourceCentre/Pages/Reports.aspx

The Department’s Annual Performance Reports older than 2010 are available in Parliament’s Library and will be listed as the Department of Environmental Affairs and Tourism.

Reply:

1. (a) NSFAS received 1,936,330 bursary applications for the 2024 academic year (to date i.e. 07 March 2024).

(b) (i) The total number of applicants that qualified is 1 258 509.

(ii) The total number of applicants that did not qualify is 230 669.

(c)(i) Total number that was approved is 1 258 509.

(ii) Total number that was rejected is 230 669.

(d) (i) 1 258 509 of the qualifying students were approved.

(ii) 19 149 have submitted appeals.

(iii) 230 669 will not be catered for as they have been rejected.

2. The common reasons for rejection of the bursary applications at NSFAS are based on the following.

a) financial eligibility criteria where family income is above the NSFAS threshold of R350 000,

b) failure to meet academic eligibility criteria, such as the N+ rule.

Reply:

It is not consistent with the procurement policies of the Development Bank of Southern Africa to make material amendments in the requirements after a tender has been adjudicated.

 

Reply:

Regarding (a), (b), (i), (ii) (aa) – (ee), at present, the department has not planned to host events nor allocated any budget for such events taking place before, or on and after 29 May 2024 to celebrate 30 years of democracy in the Republic. All our planned activities are in line with the department’s mandate and operational plans.

 

Reply:

1. Will the Minister furnish Ms H Ismail with a list of the contractors appointed to the ​projects; if not, why not; if so, by what date does she envisage doing so?

	Project	Implementing Agent
1	EC Rock Art Tourism Phase 2	African Implementation Management Services Pty Ltd
2	FS Building of a Guest House 1 & 2	Phase 1: Nambo Property & Project Manager cc t/a Nombo Mabhele Phase 2: River Ranger Management
3	FS Sentinel Peal Car Access	Hentig 2715 (Pty) Ltd
4	LP Mnisi	African Implementation Management Services Pty Ltd
5	LP VhaTsonga 1 & 2	African Implementation Management Services Pty Ltd
6	NC Kamiesburg	Ishabi Pty Ltd
7	EC Nyandeni	Nyandeni Development Trust
8	EC Mthonsi Lodge	MBB Consulting Services
9	EC Qatywa	Makhanyeni Housing Estate (Pty) Ltd
10	EC Six Day Hiking Trail	Simply Indigenous cc
11	KZN Muzi Pan	Rich Rewards Trading 34 (PTY) Ltd | Reg No: 2003/022344/07 T / A Sigma International
12	LP Sekhukhune	Mabhucu Construction Suppliers Cc
13	LP Tisane	Baitsenape Investments cc
14	NW Manyane	Re A Aga Infrastructure (Pty) Ltd

2. Whether any of the contractors appointed have been red flagged for future appointments; if not, what is the position in each case; if so, what are the further, relevant details?

No contractor was red flagged; however, the matters have been reported to the police and civil litigation is being pursued through the Office of the State Attorney.

Reply:

I have been informed by the SABC as follows:

The SABC is in the process of amending the current repeat fee strategy. This process has not been finalised as consultations with all relevant and key stakeholders are ongoing.

The proposed amendments to the current strategy have been approved by the SABC Board in 2018. In its current form, this strategy is unsustainable as payments have been structured in such a way that they are implemented for an indefinite period.

The strategy was introduced in 1996 by the Performers Artists Workers Union (PAWE). The union was established with the aim of engaging the new SABC dispensation to redress the struggles encountered by black actors under the Apartheid regime for not receiving equitable treatment as their white counterparts from mainly white-owned production companies.

In 1997 the SABC’s Department of Programme Policy, Planning and Co-Production agreed with PAWE that content production houses commissioned by the SABC be required to use a Standard Performers’ Agreement when performers entered into contracts. This came into effect on 1 September 1997.

At the time the SABC was the sole commissioner and producer of local content and agreed to a Standard Performers’ Agreement that contained two clauses namely: Clause 5 on repeat fees payable to Principal Performers of drama productions and Clause 7 on exploitation fees payable to Principal Performers on the licensing of commissioned productions.

Twenty-eight (28) years later there is a requirement that the strategy be aligned to the SABC’s various financial and legislative requirements. It must be stressed that intention behind the new proposal is not to disempower performers but to ensure that all parties benefit.

Authorised for submission by

 

______________________________________

MS. NONKQUBELA JORDAN-DYANI DIRECTOR-GENERAL

DATE:

 

 

Recommended/not recommended

 

 

__________________________

HON. PHILLY MAPULANE, MP

DEPUTY MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

DATE:

 

Approved/ not approved

________________________________

HON. MONDLI GUNGUBELE, MP

MINISTER OF COMMUNICATIONS AND DIGITAL TECHNOLOGIES

DATE:

 

Reply:

I am informed by the Department that no events are planned by the Department of Tourism, before the 29 May elections, to celebrate 30 years of democracy in the Republic of South Africa.

Reply:

There are 14 Technical Vocational Education and Training colleges as follows:

NO	REGION	NAME OF COLLEGE
	Gauteng & Free State	Ekurhuleni Central Johannesburg Maluti
2.	Western Cape & Northern Cape	False Bay
3.	Mpumalanga & North West	Gert Sibanda Taletso
4.	Kwa Zulu Natal	Coastal KZN Umfolozi Esayidi
5.	Eastern Cape	Buffalo City Ingwe King Hintsa King Sabata Dalindyebo Port Elizabeth