Questions and Replies

Reply:

The Department of Sport, Arts and Culture (DSAC) has not estimated the cost of repatriation of remains of war veterans at R40 000.00 per coffin. However, through past experience the DSAC understands the expensive nature of undertaking repatriation of human remains hence the DSAC hosted a workshop on 04 – 05 August 2022 to develop the most cost effective yet impactful model and implementation plan for the repatriation of human remains.

(a). The identification of and the total number of war veterans is a continuous process involving engagements with various stakeholders to provide comprehensive information, records, and where possible maps of the graves of the deceased war veterans in each country. However, current records to date estimate that the number of humans remains of war veterans outside the country is about 1 400.

(b). The DSAC has taken the following steps towards repatriation:

• Development of the National Policy on Repatriation and Restitution of Human Remains and Heritage Objects. Cabinet approved the Policy in March 2021.
• Amongst others the policy calls for the Miniter of Sport, Arts and Culture to appoint an Advisory Committee, which the Minister has implemented.
• Another very important recommendation of the Policy is the establishment of the Repatriation and Restitution Office (RRO) within the South African Resources Agency. The RRO is in the process of being established accordingly, as a manager has already been appointed.
• The hosting of a workshop on 04 – 05 August 2022 to develop the best model and implementation plan for the repatriation of human remains.

• Presentation of the proposed model and implementation plan to the Presidential Technical Task Team on Military Veterans on 04 November 2022.

• Implementation of the Presidential Technical Task Team on Military Veterans’ directive to host a Consultative National Workshop for Military Veterans to present the proposed model and implementation plan to garner support and solicit buy-in from Military Veterans on 02 December 2022.

Reply:

(a) The Minister appointed the advisory committee for the Repatriation and Restitution Advisory Committee in 2021 immediately after the Cabinet had approved the National Policy on the expatriation of Human Remains and Heritage Objects to develop criteria, monitor its implementation and advise on ethical matters related to the restitution and repatriation of human remains.

The Advisory Committee had its first meeting on 03 December 2021 and comprises the DSAC, DMV, eminent members in the academia and members from other sectors with extensive experience on heritage, memorialisation and repatriation of human remains.

A second meeting of the Advisory Committee on the National Policy on the expatriation of Human Remains and Heritage Objects was held on 10 May, where the Committee resolved that:

The workshop took place on 04-05 August 2022 at Freedom Park to determine the most impactful but less costly repatriation model and implementation plan. Subsequent to the August workshop, the Advisory Committee took in the Consultative National Workshop for Military Veterans to present the proposed model and implementation plan to garner support and solicit buy-in from Military Veterans on 02 December 2022.

(b) The Advisory Committee will only be remunerated for the meetings attended in implementing the objectives of the National Policy on Repatriation and Restitution of Human Remains and Heritage Objects. The remuneration will be in line with the National Treasury regulation gazette; on remunerations of committees.

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Reply:

The Minister of Sport, Arts and Culture has no authority in separating the departments/programmes responsible for Arts, Culture and Heritage. The office of the President is responsible to provide guidance and directive to the Minister on which Departments he/she is responsible for.

Reply:

We are still awaiting response from the Mzansi National Philharmonic Orchestra.

Reply:

The total budget allocation towards the Mzansi National Philharmonic Orchestra (MNPO) for each of the past three financial years is as follows;

1.1 R11 515 600 (Eleven Million, Five Hundred and Fifteen Thousand Six Hundred Rands Only), allocated in the 2019 – 2020 financial year cycle;

1.2 R21 583 000 (Twenty-One Million, Five Hundred and Eighty-Three Thousand Rands Only), allocated in the 2020 – 2021 financial year cycle;

1.3 R21 583 000 (Twenty-One Million, Five Hundred and Eighty-Three Thousand Rands Only), based on 2021 – 2022 financial year cycle.

Therefore, the total funds ring-fenced over the three financial years is R54 681 600. This is inclusive of the administrative costs that remained with NAC. Spending of this amount only started after the funds were transferred to the MNPO in December 2021 and report detailing the expenditure will be submitted to the NAC when the right time arrives.

1. One of the key role of the MNPO is to ensure the development and nurturing of regional orchestras. This mandate has got financial implication. It is on this basis that the MPNO has raised the matter. This does not in any way take away the role of funding from the NAC, but is a simply way of recognising and acknowledging that when they do developmental programmes, such will need strong financial resourcing by the MNPO than mere leap service.
2. Honorable Mrs V van Dyk is aware that the funding of the orchestras is done by the National Arts Council (ANC). In line with the Constitution, there is direct accountability to Parliament by national departments and national public entities. Likewise, the NAC and or the Department will report will provide reports and such will include the funding that was allocated to various bodies this include philharmonic orchestras in the Republic.

Reply:

1. The need for establishment of the national orchestra is embedded in the Revised White Paper on Arts, Culture and Heritage. This policy document was approved by cabinet in August 2018 and endorsed by Parliament in February 2020 and thus automatically making it a public document. Like many other recommendations of the Revised White Paper, the establishment of the MNPO was effected and implemented by the Department. In terms of project management, it is a normal practice for a project to be launched once specific goals of the project are accomplished, and there is nothing untoward about lauching the MNPO in July 2022, several months after the signing of the agreement. This only tells us that certain deliverables had to concluded before the actual launch was done.
2. There was no need for the MNPO to be brought in front of all council members at the National Arts Council of South Africa. In this instance, the role of the National Arts Council (NAC) is to fund the MNPO, just like other institutions that are being funded. In line with the Act that establishes the NAC, the Council has appointed the Chief Executive Officer for the Council to deal with all matters relating to funding and other administrative matters. The CEO is responsible for the management of the affairs of the Council and reports those affairs to the Council as often as possible, and therefore the matter regarding the MNPO was also also reported as such.
3. As mentioned before, the need for establishment of the national orchestra is embedded in the Revised White Paper on Arts, Culture and Heritage. This policy document was approved by cabinet in August 2018 and endorsed by parliament in February 2020. Likewise, it is a requirement for all policy document to undergo public consultation before approval is granted. In as far as the implementations of the Revised White Paper is concerned, such mandate is constitutionally with the Ministry of Sports, Arts & Culture and/or the Department Sports, Arts & Culture. It was for that reason that a panel of experts was appointed by my office to kick-start the implementation of the recommendation. A list of the the members of the panel was provided before to this house by way of answering previously raised questions relating to the matter.

Reply:

The Department is awaiting response from the South African Sports Confederation and Olympic Committee (SASCOC).

Reply:

1. The budget of R22 million that was allocated for the monumental flag project over two fiscal years has been reallocated to other projects within the Department. It is important to note that, only R5 million of the R22 million budget was made available during the current fiscal year (2022/2023). The R5 million budget allocation for the monumental flag was redirected towards the Presidential Sea Board project.

Reply:

1 The Minister or the Department does not get involved in the movement of operational staff within the NAC. This is the matter that is within the responsibilities of the CEO of the entity.

2. Ms. Mopeli is managing the corruption watch line staff and we like to protect the persons managing this extremely sensitive line.

3.(a) total number received is five (5). Pending is (two) 2

(a) (i) Three (3) were investigated and closed

(a) (ii) no case closed without investigation

(b) NAC investigated the complaints and as stated above 3 were closed and 2 are still being investigated.

Reply:

1. Once the reports are received, they are categorised and analysed according to the topic. Then investigated by the relevant team assigned to a particular identified category. Thereafter the team investigates and depending on the outcome of the investigation, it can either be resolved and closed or taken for further action.

2. The NAC call centre is staffed by five people.

3.(a) The Chairperson of the Marketing and Communications Unit is Mr. Tembe.

(b). Council Members do not influence any decisions on the appointment of staff members, that function would be under the authority of the CEO. Where an instance has previously been proven to have occurred, it was dealt with expeditiously and appropriately by the NAC, and it did not involve the position of any member within the marketing and communications department.

4. The NAC is proud to adhere to the requirements of the Department of Labour with regards to staff taking maternity leave. The NAC will always reaffirm the rights of women to be pregnant in the workplace and for them to retain their jobs notwithstanding pregnancy. Preventing staff to perform their duties/roles due to being pregnant concerns is unethical, discriminatory, and prejudicial. The NAC does not prescribe to such regressive acts against women.

5. A motivation is drafted by the relevant Manager and sent to the CEO’s office for approval. Once approved, it is submitted to HR for submission to the finance unit to process.

Reply:

(1)(a). The Labour Relations Act stipulates that the maximum period for acting in a higher position shall not be more three (3) months. The NAC allows an employee to act in a higher position for a three (3) months period and thereafter allow for rotation (where there are suitable candidates) if the position is still vacant. Should a need persist, the acting period can be extended.

(b) Currently three people are serving in an acting capacity for the positions of CEO, CFO and the Marketing and Communications Manager.

(c) The policy was applied in that extensions were granted and approved.

(2). The NAC has six (6) vacancies

(3). Yes, five positions have been vacant for more than three (3) months. The reason is that the NAC had to procure the services of a recruitment agency to handle the recruitment of the CEO and CFO position. The other three positions have been delayed due to budgetary constraints.

(4). The Chairperson is involved in the recruitment process of the Chief Executive Officer.

Reply:

The need of a National Orchestra is embedded in the revised White Paper, of the then Department of Arts and Culture, which was approved by cabinet in August 2018 and endorsed by parliament in February 2020. So, the Department did not have to prove the need of a National Orchestra. All it did was to implement one of the recommendations of the revised White Paper. In doing so, it followed a clear four-step process. The Department appointed a three-person committee of arts policy experts who travelled around the country consulting different organisations and stakeholders. And they reported to the Department.

The Department established a task team to formulate the objectives and the mission and the purpose of the National Orchestra. Part of this process was conducting international best practice for national orchestras and other orchestral development initiatives. Such as the El Sistema in Venezuela.

The Department entered into an engagement with the National Arts Council and this process led to a signed agreement with the National Arts Council.

The Department appointed a board of the National Orchestra, which actually runs the day-to-day affairs of this national institution.

Lastly, the Department together with the NAC and the National Orchestra, submitted comprehensive reports to the Portfolio Committee of Sport, Arts and Culture and engaged with them at least twice this year, including the meeting of 16 September 2022.

Reply:

1. It is not mandatory that the Department advertises a tender for and appoint a service provider to conduct certain tasks that are needed for service delivery. A service provider is only appointed in certain special circumstances such as instances where the capacity and expertise are limited or not existing. The purpose is for the service provider to provide solutions and services within the scope of work and their breadth of knowledge. In this instance, a task team made of experts from the sector was appointed to provide the needed solution.

2. The terms of reference for the task team were broadly to conduct a feasibility study for the establishment of the Mzansi National Philharmonic Orchestra and to develop a concept document thereof. Inputs were received from all the members of the team who participated in the process. The team of experts included the following: Mr Louis Heyneman (CEO of the Cape Town Philharmonic Orchestra), Mr Kutlwano Masote (Independent Educator and Conductor), Mr Lindumuzi Mngoma (Independent Educator and Conductor), Mr Bongani Tembe (CEO of the KZN Philharmonic Orchestra), Mr Shadrack Bokaba (former Acting CEO NFVF), Ms Julie Diphofa ( Acting CEO NAC), and Ms Lindi Ngcobo (Project Manager: NAC).

Reply:

It is incorrect to imply that Mr. Louis Heyneman was only invited to a single meeting with the Department for the purpose of the conceptualization of the National Orchestra. Prior to the board of Mzansi NPO being appointed by the Minister, the Department managed the process and was the custodian of the task team of experts. Our records indicate that several meetings were called by the office of the Director General between September 2018 and November 2019. This does not include the meetings that the task team held at the National Arts Council offices in Johannesburg. Mr. Heyneman was invited to the said meetings where, in certain instances he attended, while in some instances he forwarded formal apologies. Noteworthy is that in March 2019, Mr. Heyneman made a written submission titled ‘National Philharmonic Orchestra: A Working Document’. We have attached evidence as Annexure A on his insightful contribution. One of the strong and progressive ideas that he presented in this document related to the issue of audience development and he said, ‘If it is the intent that the NPO [National Philharmonic Orchestra – as it was called] must be the “orchestra by the people for the people”, audiences for this new national ensemble must be found and developed. Without enthusiastic support and “bums on seats” the noble idea of a national orchestra that reflects the demographics of South Africa, catering for the musical taste of the majority of the population, will die a premature death.’ These kinds of ideas, among others, informed the entire conceptualization of the National Orchestra, feeding into the outcomes of the report of the task team that was presented to my office.

While there was an expectation for all task team members to attend and participate in the scheduled activities or meetings, the reality is that members also had commitments outside the work of the task team. However, this should not be used to cast aspersions on the validity of the processes and imply that there was no consultation when due processes were followed. On the occasions when some could not attend, meetings continued with the other participants.

Reply:

We are fully aware that an incorrect narrative has been promoted with the sole purpose of causing mistrust on what the department is doing. However, the truth of the matter is that the Mzansi National Philharmonic Orchestra sets a new trajectory for addressing apartheid legacies and/or the past injustices in general. These practices are so pervasive and only aimed at maintaining the status quo of separate development. To put this into context, funding of the orchestras in the country remained skewed and only benefited certain social grouping, in particular the white minority. While policy restructuring was done in the 1990s, with the creation of a National Arts Council (NAC) a process that centralised the distribution of arts and culture funding, the annual ring-fenced funding for the three orchestras in three different provinces was also established and kept until recently. It is well known that this practice largely benefited the KwaZulu Natal Philharmonic Orchestra (Durban), the Johannesburg Philharmonic Orchestra (Johannesburg) and of course the Cape Town Philharmonic Orchestra (Cape Town), to the exclusion and at the expense of many township orchestras, let alone the impediment of the development of orchestras in other provinces.

Without the policy changes that was introduced recently, the R21,5 million would have been directed to support the previously advantaged particularly the KwaZulu Natal Philharmonic Orchestra, the Johannesburg Philharmonic Orchestra and Cape Town Philharmonic Orchestra. I am certain that this is not what we want. Our progressive policies demand, inter alia, greater black economic participation and access to basic social services for all. Therefore, the orchestral landscape cannot be left behind to be same. As progressive government, our intention is to take development of orchestral music to other areas other than Cape Town, Joburg and Durban so that we can advance the country and develop our indigenous orchestras and genre. For instance, the National Orchestra has started making real changes to touch the lives of the previously disadvantaged.

I am proud to announce to the house that the National Orchestra is currently in consultation with the Mpumalanga Chamber Orchestra to provide necessary assistance and training, this as part of development of orchestral music in the Mpumalanga province. We never had something like this before in Mpumalanga, as well as other provinces such as Limpopo, Northwest, and the Northern Cape to mention but few. As part of this drive, the National Orchestra will on 10 December 2022 send about 30 professional musicians and a conductor to be part of the Mpumalanga Chamber Orchestra concert. Prior to the concert, a workshop and rehearsals will be conducted, this as part of skills development.

Informed by the Revised White Paper on Arts, Culture and Heritage, it is our intention to effectively contribute to the elimination of poverty, inequality, unemployment, and the building of a cohesive and united society in which the diverse artistic, cultural and heritage traditions of the society, flourish. We can only achieve this if the available resources are spread beyond the colonial urban centres of Cape Town Durban and Johannesburg but into the peri-urban and rural communities.

Reply:

We are not Sangomas, therefore unable to predict the illnesses of any human being.

Reply:

1. The NAC will formerly advise the Department once the current processes for the recruitment of the CEO and CFO have been completed and advertisement published. Other vacancies that need to be filled in accordance with NAC’s budget and timing requirements will also be published upon approval of the advertisement of the positions. The NAC is completing its evaluations for the appointment of a recruitment firm for the filling of the CEO and CFO vacancies at the entity.

2.(a) (i) Full-time positions: 30

(ii) Part-time positions: 18

(b) Vacant positions: 5

(c) The NAC is completing its evaluations for the appointment of a recruitment firm for the filling of the CEO and CFO positions at the entity.

(d) The reduction of budgets restricts the filling of all desired vacancies, due to budgetary constraints NAC may fail to match expected salary expectations. Due to negative media reports, NAC stands in a position of disadvantage in attracting best suitable applicants.

Reply:

As I have indicated in my response to question 2599 by the Hon. Member that:

Legal costs are annually budgeted, however, it is difficult to make precise determination in budgeting for legal costs, as a result, periodically, the legal costs budget is adjusted informed by case at hand. This is in line with Audit requirements that prescribe adequate contingency provisioning for legal costs and in line with National Treasury Regulations that allow Goods and Services budget adjustments.

Reply:

(a). The Department does not micromanage organisations that it funds to the level of getting involved in transportation, accommodation matters, instrument hire, etc. These organisations have boards and other experts who are charged with managing them.

Reply:

The Mzansi National Philharmonic Orchestra (MNPO) is updating its business plan. This process is being informed by the realities on the ground and the continuous engagement with various stakeholders. The MNPO board will then hold a strategic session early next year and forward the revised business plan to the National Arts Council of South Africa first, before it is forwarded to the Department, before 31 March 2023.

While the Department transfers ring-fenced funds to the MNPO via the National Arts Council, the MNPO has a board of women and men of the highest integrity, who then run that institution and are required and expected to report back on utilization of all resources provided. At the end of the financial year, the MNPO board will submit audited financial statements to the National Arts Council, which will contain financially related matters. The NAC will the scrutinize the AFS and then report to the Department. If there are any serious problems, with the AFS, then the Department will take the necessary steps, but it doesn’t act before that process has been followed. In this case, based on engagement with the NAC and the MNPO board, there are no indications of any problems.

Reply:

1. There are seven Projects that are in the process of completion. These projects experienced various challenges that led them to delays.
2. In light of the delays and stoppages that the projects encountered, it was a foregone conclusion that additional funds will be required to address cost escalations arising because of these delays, price adjustment provisions, and to do remedial work to the defective works that were discovered during the assessment of the quality of work done by previous contractors.

Reply:

Cricket South Africa have requested additional time to respond to the question.

Reply:

(1). Yes, the Department supported various National Arts and Jazz festivals post the Covid-19 pandemic that includes amongst others the following events: The National Arts Festival, The Joy of Jazz, We Can Arts Festival, Buyel 'Khaya Pan African Festival, Ebubeleni Music Festival, and Moretele Tribute Concert.

The supported projects have since played a role in re-igniting the economic activities of the Cultural and Creative sector which was severely affected by the restriction brought about by the Covid-19 pandemic.

Reply:

1. Since the merger there has been a downward trend of new litigation matters reported. The Department predominantly deals with pending matters which occurred before the merger.

(a). Consequent to the merger the Department’s Legal Services Unit now has more staff members from both former Departments, with different skills and experience.

(b). Quality of Advisory Services and legal counsel for DSAC has improved resulting in the settlement of disputes before they escalate into litigation matters.

Reply:

(1). (a). Robben Island Museum (RIM) has embarked on a marketing plan that is solely focused on revenue generation over the past year so that it can regain its financial health and stay afloat.

• The campaign that the entity embarked on affords locals with group specials by offering concession rates to school groups and religious groups.

In addition, Mondays and Tuesdays are marked as pensioners’ day, where pensioners can visit the Island at a discounted rate.

• The entity has also fostered collaboration with the Tour operators through Southern Africa Tourism Services Association (SATSA) and hosted a familiarisation trip to strengthen the relationship that RIM has with the trade, thus promoting private tours that are targeted to international tourist market.
• Through Western Cape Tourism Trade and Investment Promotion Agency (WESGRO) and South African Tourism as well as Cape Town Tourism, RIM has hosted media from across the globe and influencers that promote Cape Town as a key tourist attraction in South Africa.
• RIM has also participated in the “Find your freedom” campaign that was facilitated by Cape Tourism to re-ignite tourism in the city of Cape Town.

(b) The Tripartite Agreement between Department of Public Works and Infrastructure DPWI, DSAC and RIM expired in 2020, and the new agreement has not been finalised yet. DPWI is in the process of procuring a Total Facilities Management Company which will take responsibility for maintenance works on the Island. 

(2). Due to the financial constraints caused by COVID-19, RIM explored two options, the first one being, initiating a Section 189 process of the Labour Relations Act, which would have led to retrenchments. The second option was exploring the reduction in salaries of employees across the board. However, due to intervention by the Department, RIM was granted approval to reprioritise R23 million in January 2021 and a further R17 million in June 2021 from the infrastructure grant to be utilized for operations.

Through engagements with the National Treasury on RIM’s financial position, the Department was able to further allocate an additional amount of R20 million at the end of March 2022 to assist with the operational costs. Any shortfall was covered by RIM utilizing its fast-depleting reserves. RIM also embarked on austerity measures by suspending the filling of non-critical positions. In addition, no cost-of-living adjustment increase was provided to staff for the past two financial years. These measures have allowed RIM to continue to sustain the salary bill and improve its financial position, thus avoiding job losses which would have had a negative reputation for the entity.

Reply:

The protection of actors in South Africa is governed in terms of the Copyright Act 98 of 1978 (the “Copyright Act”). This legislation and matters related to it thereof, are under the horizon or mandate of the Department of Trade, Industry and Competition (DTIC). However, my department does work with the DTIC on matters related to the protection of all artists including actors. The common practice that has been for a very long time allowed by the current Act is that ‘he who pays owns the work’. In terms of this practice, those who commissioned the work would remain the property owners – this to the exclusion of many of the actors who participated. Copyright law grants the copyright owners bundle of exclusive rights, including the public performance right. This then vests the copyright owners with the authority to control how the work is publicly performed and that is the reason you see these works being aired, as and when the owners wish. This happens in many instances at the exclusion of the performers who participated in the production.

The Copyright Amendment Bill and the Performers Protection Amendment Bill which both Bills were recently endorsed by the National Assembly tell us that ownership of any copyright subsisting in the work (in commissioned work) shall be governed by standard contract/written agreement between the parties. In the main, proposed legislation provides for the payment of royalties or equitable remuneration, whichever is applicable, due, and payable to the performer for any use of the fixation of the performance.

The agreement may limit the ownership strictly for the purpose of the Commission and if the work is used other than for the purpose of the commission, payment to the author shall be ordered. When there is a dispute between the parties, the matter shall be referred to a Copyright Tribunal. Amendment of the copyright regime is part of the government's drive to advance a balanced and coordinated approach to intellectual property (IP) that regulates IP rights in line with our Constitution. The key objective is to ensure that all individuals who seek to take advantage of the IP system are empowered and protected.

Work is being finalised regarding the proposed Bills and the NCOP has recently hosted workshops to understand how these proposed legislations would work.

Reply:

(a). Long term planning initiatives aimed at stability, growth, and the reduction of susceptibility to unexpected challenges is built into the Iziko strategic plan and include the crafting and implementation of a long-term financial sustainability plan and an income generation strategy.

These plans incorporate innovations to address weaknesses in income streams; allow for income diversification and increase own income generation through unlocking some legislative impediments, like the Section 18A of the Income Tax Act 58 of 1962 which other government departments enjoy.

Iziko’s revenue streams were negatively affected by budget cuts and the COVID-19 pandemic which necessitated the closure of museums and impeded travel and tourism. While cost containment and other cost cutting measures have been implemented, these measures on their own will not lead to financial health and issues related to the lack of staffing. Regular reporting and in-year monitoring by the Department of Sport, Arts and Culture (DSAC), ensures sound financial administration and budgeting practices essential for financial viability and resilience of the institution. In addition, the Department of Sport, Arts and Culture has initiated discussions with relevant government departments to address challenges facing the museum sector. The overall objective is to secure additional funding for the heritage.

(b). The Minister of Sport, Arts and Culture is not the custodian of state-owned buildings and as user is only required to fund repairs and maintenance projects of R100 000 and below, however DSAC has nevertheless provided funding and appointed Architects with heritage expertise to develop a five-year Conservation and Maintenance Plan for the nine state-owned buildings occupied by Iziko Museums.  

In terms of the South African National Heritage Resources Act, 1999 (Act No. 25 of 1999), all heritage buildings must be managed in terms of a Conservation and Maintenance Plan (CMP) to protect the heritage resource.

In addition, a Project Manager with architectural and heritage experience was appointed and applications for repair and renovation permits were submitted to Heritage Western Cape (HWC) in terms of the South African National Heritage Resources Act, 1999 (Act No. 25 of 1999). HWC has approved the CMP for all sites as legislated. The documents not only direct Iziko's annual repair and maintenance programme but also assists to maintain and preserve the significance of the heritage buildings.

Reply:

The National Arts Council, has initiated a process for the recruitment and appointment of the Chief Executive Officer (CEO). To this end, the NAC is currently in the process of evaluating Request for Quotations (RFQs) for the appointment of an executive search company that will assist Council with the recruitment of the CEO. Once the executive search firm is appointed, the NAC will endeavour to conclude on the appointment of the CEO as speedily as possible.

Reply:

1(a) Panel Members appointed at the NAC were selected in accordance with the NAC Act. Advisory Panel Members have either achieved distinction and/or have special knowledge and/or experience in the field of the arts discipline required by the NAC.

(b) This was indeed the case

(c) Yes, due processes were followed in line with the National Arts Council act.

(i). There is only one list of approved beneficiaries at the NAC. The NAC list of approved funded beneficiaries has been published on the NAC’s website for transparency. Council approved 619 projects for approval, and this brings a total of 39 135 proposed jobs.

(ii). There is no list with changes.

(2). No member of Council has been found guilty of interfering with any process at the NAC in relation to the PESP 3.

(3). No action will be taken against any Council members.

Reply:

1. The application for Annual Grant funding submitted by the South African Sport Association for the Intellectually Impaired (SASA-II) includes a request for funding to cover outstanding affiliation fees owed to the VIRTUS (World Intellectual Impairment Sport) which is R15,000 and Sport Union Down Syndrome, which is R22,175. An indication is that these fees are for the period 2018 to date. SASA-II is affiliated with both VIRTUS and Sport Union Down Syndrome. Based on this it can therefore be deduced that affiliation fees to these International Organizations are not paid to date by SASA-II.

(a). The indication from SASA-II is that the organization is suspended by both International Organizations, therefore, making it impossible for them to renew their membership.

(b). SASA-II is engaging the relevant international bodies to address their suspension in order to be able to pay the affiliation fees. The Department would make available to SASA-II the affiliation fees amounting to R37,175. This is dependent on SASA-II meeting all compliance requirements.

(c). The date by which payment will be made cannot be determined because it is dependent on the lifting of SASA-II suspension status by international organizations.

Reply:

1. According to the SA Institute for Drug-Free Sport (SAIDS) has been and is still fully compliant with the World Anti-Doping Code and the applicable international standards.

Reply:

1. No, I do not the powers to nor the intention to establish a commission of enquiry, and the South African Institute for Drug-Free Sport (SAIDS) agrees with me, not to establish it. SAIDS are collaborating with the South African Chapter of the International Society of Substance Abuse Professionals (ISSUP) to adapt its educational materials to provide detailed information pertaining to addiction and illicit drugs as part of the SAIDS Education Programme. No areas requiring policy change have been identified.

Reply:

We are still following up on these matters, we will come back to the Member once the information is verified.

Reply:

(1). The Department funds music festivals in three different categories; National Flagships, Provincial Flagships, and the Cultural Events Open Call. These music festivals would vary from large scale, medium and smaller entry-level projects.

Music festivals are funded based on alignment into government mandate like job creation, enhancement of social equity and economic growth in areas where these projects are taking place. These projects would be implemented in line with the memorandum of agreements (MAOs) signed and the reporting should reflect the deliverables as agreed. The Department would also monitor that all procurement processes have been followed in the subcontracting processes that happens in this festival to ensure local economic empowerment and beneficiation of the SMMEs.

Reply:

This matter has over the years affected various creatives across all domains and genres. It could be attributed to the unfavourable contractual agreements between creatives and their employers and/or management, lack of financial management including tax and budgeting.

The Department has over the years supported and will continue supporting various initiatives to empower and educate creatives in these matters quite early in their careers to have a ‘soft landing’ during troubling times since their sector operates mainly on free lancing.

Over and above that, the Department has a Program that supports Living Legends Legacy Project; creatives over 70 years old and above.

In the last three years the department has also established a Silapha Wellness Program, which is an initiative geared towards sensitising the creatives about such challenges.

Reply:

(1). The List was not published late, the NAC published the approved list on the due date (30th September 2022) on all the social media platforms. The social media sites were our quickest way to disseminate the approved list following the crash of the NAC website due to extremely heavy traffic. The website was then restored after a couple of hours and the information was also made available on that platform.

Council does not and did not adjudicate any applications. Please refer to point 2 above where they clarified the role of Advisors vs the role of Council Members. Additionally, the ACT clearly states that “Panel Members advise the NAC on the merits of applications”. This means that they advise, but do not approve, as that is the role of the Council (as the Accounting Authority of the entity). All final Council-approved Applicants are from the pool of applications that have been adjudicated by the Advisors.

Reply:

1. No, Body Building South Africa (BBSA) has not paid the fine. South African Institute for Drug-Free Sports has sent the federation Letters of Demand provided for the debt owed to it in our Annual Financials. BBSA responded with lawyer’s letters despite being informed that the SA Anti- Doping Regulations (2021) and the World Anti- Doping Code (2021) do not provide recourse for a national federation to dispute the fine.
2. The South African Sport Confederation and Olympic Committee (SASCOC) has not indicated what actions they have taken to stop BBSA from repeated doping offenses. Section 17(A) that deals with Punitive Measures and specifically Subsection (1) of The South African Institute for Drug-Free Sport Amendment Act; the Department on written recommendations of SASCOC, may cause an investigation to be conducted as it deems fit to ascertain whether the federations comply with the provisions of the Act. The Department is still awaiting written recommendations from SASCOC.
3. (a) As disclosed in the SAIDS 2021/22 Annual Report, eleven (11) tests were conducted at the National Bodybuilding Championships. (b) Ten (10) tests returned positive for various anabolic steroids. The names of the athletes and the substances are disclosed, as is required by the World Anti-Doping Code, in the Annual Report.

Reply:

The South African Institute for Drug – Free Sport (SAIDS) in their response indicated that (a) 995 of the players participating in the 2022 Craven Week were tested in both out-of-competition and in-competition tests (b) No players tested positive for banned substance during the 2022 Rugby Craven week.

(2). The South Africa Rugby Union (SARU) in their response indicated that a total of 2843 players participated in the 2022 Craven Week. Of the total number 2153 players participated in the Boys Youth weeks and 690 participated in the Girls Youth Weeks.

(3). Yes, players were tested, and no one tested positive for a banned substance.

 

Reply:

1. Yes. The Department is working with SAFA to host a Football Indaba. The goal of the National Football Indaba is to objectively assess all facets of the South African football system, identify the challenges, problems, critical failures, and success factors and formulate a turnaround plan and/or approach to reposition and restore South African football as a premier sport in the country. The concept documents and draft programme for the indaba are in place, however, a suitable date is yet to be confirmed.

2(a). No date has been confirmed as yet, however, on 03 October 2022, the Department met with SAFA and resolved that the Indaba would take place in the 4th quarter of 2022/23, ideally in February 2023. SAFA committed to confirm a date by 14 October 2022.

(c). The budget for Indaba has not been determined. The budget is dependent on the final plans, operations, and logistical arrangements.

(d).The challenge has been in terms of coordinating the diaries of all the key stakeholders considering a range of factors such as the National, Continental and International Football Calendar. It is worth noting that 2022 concludes the full cycle of SAFA Vision 2022 which would form the basis of the review and Indaba Agenda. This was resolved at the last meeting held with SAFA.

(e). There has not been any reason or need identified to pressure SAFA.

3. SAFA is working closely with the Department in terms of the implementation of Schools Football, whereby football is part of the Winter National School Sport Championship. Subsequently, both parties with the Department of Basic Education manage the participation of the two winning schools in the continental championship. Additionally, SAFA and the Department jointly launched the FIFA ‘Football for Schools’ programme, which is to be officially rolled out in the fourth quarter of the current fiscal year. SAFA further provides technical support by offering the training of educators and school-linked volunteers in coaching and refereeing.

Reply:

South African Rugby provided the following information in response to the question;

There are no deaf rugby clubs in South Africa, all deaf rugby players play for amateur clubs in their area of residence, which is understandably problematic. SADRA’s aim is to implement more programmes in future to enable player numbers to grow and to establish their own clubs.

The South African Deaf Rugby Association (SADRA) has a footprint in the following provinces:

1. Eastern Cape
2. Free State
3. Gauteng
4. KwaZulu-Natal
5. Limpopo
6. Mpumalanga
7. Northwest
8. Western Cape.

The relationship with SADRA is governed by a memorandum of agreement entered in 2018. SADRA has their own governance structures and is responsible to source its own money, sponsors, and partners. SADRA is responsible for their own development and building its footprint. SA Rugby assist SADRA on their request. The following is the support provided by SA Rugby to SADRA.

1. Ensures access to BokSmart training programs and courses for all SADRA members. It was made accessible to deaf and hard-of-hearing people.
2. Ensures SADRA participants have access to SA Rugby/World Rugby Coaching, Referee and Club administration courses.
3. Supports SADRA events.
4. SA Rugby provided SADRA with funds in 2022. This support will be repeated in 2023.
5. SA Rugby has applied for funding to the Department for Sport, Arts and Culture (DSAC) for a grant in aid (Funding) on behalf of Deaf Rugby.
6. SA Rugby is assisting SADRA with an application to the Lotto. Due to governance reasons at SADRA prior to the appointment of their new President, this is currently work in process.
7. SA Rugby is committed to contributing certain items (kit) for the men and female teams for the 2023 World Cup Sevens in Cordoba, Argentina 2023.
8. The participation of the female team is under consideration and subject to the availability of player resources that is currently being investigated by SADRA.

Reply:

We have vigorously supported the initiative by the Department of Trade, Industry and Competition in the development of the Copyright Amendment Bill and Performers Protection Bill, which have since been by the National Assembly and has sent them to the National Council of Provinces (NCOP) for concurrence. The main aim of the two bills is to protect the interest of the creative workers.

 

Reply:

(a). The Mangaung African and Cultural Festival is owned by the Free State Department of Sport, Arts, Culture, and Recreation. The Provincial Department will be in a better place to provide clarity on the rationale for hosting the event in Manguang without considering any other region in the Free State Province.

NATIONAL ASSEMBLY

Recommended with amendments.

QUESTION NO. 3431-2022

WRITTEN REPLY

DATE OF PUBLICATION IN THE INTERNAL QUESTION PAPER: 30 SEPTEMBER 2022: INTERNAL QUESTION PAPER NO. 37 – 2022

“Mr. B S Madlingozi (EFF) to ask the Minister of Sport, Arts and Culture

1. Having heard how the creativity of Solomon Linda was abused by white persons both locally and abroad, what measures have been taken to assist poor, vulnerable and uneducated artists, so that they are not exposed to the same exploitation and slavery by unscrupulous producers and record company executives? NW4233E

REPLY

We have vigorously supported the initiative by the Department of Trade, Industry and Competition in the development of the Copyright Amendment Bill and Performers Protection Bill, which have since been by the National Assembly and has sent them to the National Council of Provinces (NCOP) for concurrence. The main aim of the two bills is to protect the interest of the creative workers.

 

NATIONAL ASSEMBLY

Recommended.

QUESTION NO. 3446-2022

WRITTEN REPLY

DATE OF PUBLICATION IN THE INTERNAL QUESTION PAPER: 30 SEPTEMBER 2022: INTERNAL QUESTION PAPER NO. 37 - 2022

Mr K Ceza (EFF) to ask the Minister of Sport, Arts and Culture

(a) By what date will provisions be made for local platforms such as radio, television and museums through which artists will be able to express their craft within their communities and improve tourism and

(b) how will his department discourage artists from migrating to Johannesburg in order to build their profile? NW4251E

REPLY

(a). In as far as the craft sector is concerned the Department is looking to set up a permanent national exhibition, the Beautiful Things Exhibition (BTE), alongside an outlet for transactions, in City of Tshwane to provide craft practitioners from all parts of the country with an opportunity to showcase and derive economic benefit from their products by February of 2023. The last edition of BTE was at the Graskop Gorge in March of 2022, and now the Department intends to set this up as a permanent exhibition to provide a national platform for crafters.

In as far as performing arts are concerned the Department is engaged in consultative discussion with previously marginalized Provinces: (i) Northern Cape – Northern Cape Theatre was refurbished by DSAC and launched on 15 December 2021, (ii) Limpopo - Limpopo Theatre site has been identified, design approved and the Mpumalanga Theatre Feasibility Study Report has been submitted, (iv) Eastern Cape - Mandela Bay Theatre Complex was launched in May 2021 to establish creative spaces (provincial theatres). The intention is to retain talents within local spaces in these Provinces through the provision of theatres for development and promotion of local talents.

(b). The intention is to provide an opportunity for participation to craft producers without them seeing the need to migrate to the cities to build their profile. Furthermore, the Department, working with the Department of Small Business Development and other strategic partners collaborate better to support targeted market access platforms.

NATIONAL ASSEMBLY

Recommended with amendments.

QUESTION NO. 3494-2022

WRITTEN REPLY

INTERNAL QUESTION PAPER NUMBER 37 OF 2022 DATED 30 SEPTEMBER 2022

“Mr. D Joseph (DA) to ask the Minister of Sport, Arts and Culture;

(1). what is the status of (b) structures in each province; (2) what are the details of support programme offered by SA Rugby to the deaf sevens rugby team in view of their participation in the 2023 world cup in Cordoba, Argentina in 2023? NW4307E

REPLY

South African Rugby provided the following information in response to the question;

There are no deaf rugby clubs in South Africa, all deaf rugby players play for amateur clubs in their area of residence, which is understandably problematic. SADRA’s aim is to implement more programmes in future to enable player numbers to grow and to establish their own clubs.

The South African Deaf Rugby Association (SADRA) has a footprint in the following provinces:

1. Eastern Cape
2. Free State
3. Gauteng
4. KwaZulu-Natal
5. Limpopo
6. Mpumalanga
7. Northwest
8. Western Cape.

The relationship with SADRA is governed by a memorandum of agreement entered in 2018. SADRA has their own governance structures and is responsible to source its own money, sponsors, and partners. SADRA is responsible for their own development and building its footprint. SA Rugby assist SADRA on their request. The following is the support provided by SA Rugby to SADRA.

1. Ensures access to BokSmart training programs and courses for all SADRA members. It was made accessible to deaf and hard-of-hearing people.
2. Ensures SADRA participants have access to SA Rugby/World Rugby Coaching, Referee and Club administration courses.
3. Supports SADRA events.
4. SA Rugby provided SADRA with funds in 2022. This support will be repeated in 2023.
5. SA Rugby has applied for funding to the Department for Sport, Arts and Culture (DSAC) for a grant in aid (Funding) on behalf of Deaf Rugby.
6. SA Rugby is assisting SADRA with an application to the Lotto. Due to governance reasons at SADRA prior to the appointment of their new President, this is currently work in process.
7. SA Rugby is committed to contributing certain items (kit) for the men and female teams for the 2023 World Cup Sevens in Cordoba, Argentina 2023.
8. The participation of the female team is under consideration and subject to the availability of player resources that is currently being investigated by SADRA.

NATIONAL ASSEMBLY

Recommended.

QUESTION NO. 3595-2022

WRITTEN REPLY

INTERNAL QUESTION PAPER NUMBER 37 OF 2022 DATED 30 SEPTEMBER 2022

Mr. T W Mhlongo (DA) to ask the Minister of Sport Arts and Culture:

(1) whether his department intends to facilitate a soccer and/or football indaba of the SA Football Association (SAFA); if not, what is the position in this regard; if so, how far are the preparations.

(2)(a) on what date is it envisaged that the football indaba will be held, (b) what is the total budget for the indaba, (c) what are the challenges his department is experiencing with regard to the indaba and (d) what steps has he taken to put pressure on safa to ensure that the soccer indaba takes place;

(3) how far are the negotiations with SAFA regarding school sports? NW4350E

REPLY

1. Yes. The Department is working with SAFA to host a Football Indaba. The goal of the National Football Indaba is to objectively assess all facets of the South African football system, identify the challenges, problems, critical failures, and success factors and formulate a turnaround plan and/or approach to reposition and restore South African football as a premier sport in the country. The concept documents and draft programme for the indaba are in place, however, a suitable date is yet to be confirmed.

2(a). No date has been confirmed as yet, however, on 03 October 2022, the Department met with SAFA and resolved that the Indaba would take place in the 4th quarter of 2022/23, ideally in February 2023. SAFA committed to confirm a date by 14 October 2022.

(c). The budget for Indaba has not been determined. The budget is dependent on the final plans, operations, and logistical arrangements.

(d).The challenge has been in terms of coordinating the diaries of all the key stakeholders considering a range of factors such as the National, Continental and International Football Calendar. It is worth noting that 2022 concludes the full cycle of SAFA Vision 2022 which would form the basis of the review and Indaba Agenda. This was resolved at the last meeting held with SAFA.

(e). There has not been any reason or need identified to pressure SAFA.

3. SAFA is working closely with the Department in terms of the implementation of Schools Football, whereby football is part of the Winter National School Sport Championship. Subsequently, both parties with the Department of Basic Education manage the participation of the two winning schools in the continental championship. Additionally, SAFA and the Department jointly launched the FIFA ‘Football for Schools’ programme, which is to be officially rolled out in the fourth quarter of the current fiscal year. SAFA further provides technical support by offering the training of educators and school-linked volunteers in coaching and refereeing.

Reply:

In terms of Section 13 (5) (b) (ii) of the National Sport and Recreation Act, the Minister is debarred from involvement in matters of administration in sport. The Section states that “The Minister may not interfere in matters relate to administration of sport and appointment of or termination of the service of the Executive Members of the sport or recreation body.

In addition, the Federations are Non-Governmental Organizations and as such are independent of Government. The matters referred to are administrative and are Human Resources related and as such are dealt with in terms of policies governing employer and employee relationships.

Minister urges the Hon. Member to familiarise himself with the policies and legislation referred to above.

Reply:

1. The amount awarded is based on the three quotations which were received. They were assessed and an appointment was made.

2. A Request for Quotations (RFQ) for a project within R 1 000 000, 00 Treasury Threshold was used.

3. Terms of References were detailed as indicated herein below:

This is a national policy which requires participation and input from DSAC, Task Team, Provincial Departments and theatre and dance sub sector organizations. The service provider will therefore be required to work closely with all indicated stake holders.

The service provider to use Treasury Remuneration rates (Category C Subcategory C2) to pay 18 Task Team Members attending National conference.

The service provider to submit a project close out report by September 30, 2022.

(d) This budget came from Goods and Services Budget item of the CCID Budget

2.According to the best knowledge of the Department no people and / organizations were deliberately excluded at the expense of the other hence a virtual link was created as an additional platform for everyone to participate in the conference.

1. The conference invited 10 Provincial Delegates per province.

a) These delegates were selected through a process that involved Theatre and Dance Task Team Members and Provincial Departments.

b) The guideline was to select active theatre and dance stakeholders who have insight and vision of how theatre and dance sector should be transformed to address the nine focus areas of the conference.

Reply:

1. The total project amount awarded is R993 000, 00, and is inclusive of the policy conference amongst other deliverables as outlined in the response to Parliamentary question 3343.

2. The Departmental applied its internal SCM Procurement Process through Request for Quotations (RFQ) which is within an R1 000 000, 00 quotation threshold recommended by SA Treasury.

Reply:

1(a). The South African Institute for Drug–Free Sport (SAIDS) in their response indicated that (a) Due to COVID restrictions and the increased use of webinars, only 2% of the budget was spent on education in 2021/22 years. Generally, expenditure on education is in the region of 10% and expenditure has been further supplemented by a Lottery Grant over the past five years.

(b). Rugby received the most attention pertaining to anti-doping education.

(c). The intervention is in the form of webinars, workshops, and outreach at tournaments.

2(a). With the co-operations of schools and national sports federations, SAIDS has delivered anti-doping talks and outreach to as young as Grade 8 level.

(b). Some sports codes have young athletes that participate at an elevated level (provincial/national) at an early age. Sports such as swimming, gymnastics, and track & field receive anti-doping education services at an earlier age.

Reply:

There is no organization that we know as International Institute for Drug-Free Sport.

Reply:

1. Yes, the board instructed the Medical Advisory Committee of Boxing South Africa (MABBSA) to conduct the full investigation in this matter. The investigation is led by Dr Selepe who is the Chairperson of Boxing South Africa Medical Advisory Committee.

The committee has released a draft report which is yet to be discussed with the family and then be shared with oversight committees. There is a current police inquest being led by the Greyville Police Station and that process is currently ongoing.

Boxing South Africa is the regulator of safety standards in boxing. As the Minister, I will await the current investigation and recommendations thereof. Thereafter, I will in consultation with BSA determine if there is a need to update the existing safety protocols. While the death of an athlete may suggest that there is such a need, the technicalities of the required changes will be advanced by Boxing South Africa.

Reply:

1(a)(b)(i). The document with the names and locations of softball clubs is attached.

(ii). The following are the four softball diamonds in (aa) Cape Town region and (bb) Western Cape Districts:

Softball Diamond	Capacity
Turf Hall Stadium Athlone	3500
Lavender Hill	500
Beaufort West	500
Malmesbury	1500

(2)(a). The total building cost of the 3 500 –seater softball stadium in Polokwane is R90,960,827.34.

(b). The projected time frame for the completion of the project is 28 February 2023.

Reply:

1. The relationship with the specified person is that of a service provider who has been appointed to project manage the process of the development of the Theatre & Dance Policy. The DSAC cannot comment further on why he may or may not have lied as posed in your question.