Questions and Replies

Reply:

I have been advised that:

A planned post-investment exercise by the Department of Small Business Development (DSBD) will be undertaken once all the planned handovers for the targeted districts have been concluded. This approach allows for a more comprehensive undertaking that begins to direct government efforts towards Provincial, District and Local Development Plans for the inclusion of supported beneficiaries.

This activity will be tied to programme assessment and the enhancement of the instruments that we develop in response to needs as identified by beneficiaries.

Assessments and post-investment monitoring will be conducted in the Eastern Cape by the department and Seda from the second quarter of the current financial year.

Reply:

1. The Department of Public Works and Infrastructure has already completed the R500 million refurbishment programme to the 13 Proclaimed Fishing Harbours in the Western Cape and has ensured local beneficiation as elaborated under question (2b).

2. (a) The timeline of the refurbishment programme commenced in April 2016 and was completed in March 2023.

(b) The Department through the refurbishment programme to the 13 Proclaimed Fishing Harbours in the Western Cape empowered over 100 local SMMEs to the value of over R116 million as well as created 925 local jobs during the programme. The beneficiaries of both SMME empowerment and job creation included women, youth as well as people with disabilities.

NATIONAL ASSEMBLY: QUESTION NO. 1735 (Written Reply) Mr S S Zondo (IFP) asked the Minister of Public Works and Infrastructure:

The draft reply to Parliamentary Question No. 1735 (Written Reply) is submitted for your consideration.

The input has been provided by the Real Estate Management Services Business Unit.

I hereby attest that the information provided in response to NA PQ No. 1735 is true and correct, to the best of my knowledge.

_________________________

MR. N. KUBEKA

ACTING DEPUTY-DIRECTOR-GENERAL: PMO

Draft reply supported / not supported/ comments

________________________

MS. N MAKHUBELE

ACTING-DIRECTOR GENERAL

DATE:

Draft reply supported / not supported/ comments

_____________________

MS. B SWARTS, MP

DEPUTY MINISTER OF PUBLIC WORKS AND INFRASTRUCTURE

DATE:

Draft reply approved / not approved/ comments

__________________________

MR. S ZIKALALA, MP

MINISTER OF PUBLIC WORKS AND INFRASTRUCTURE

DATE:

 

 

Reply:

The Minister of Public Works and Infrastructure:

(a) The number of completed structures were not recorded on 16 June 2022. However, they were recorded during a count carried out by the Sheriff of the Court in August 2022 as 4880.

(b) No further demolitions were carried since February 2022.

(c) The number of structures were not recorded at the end of the security company’s contract. However, they were recorded in August 2022 as 4880.

(d) The number of completed structures were not recorded when the security took over.

(e) There were no further demolition of structures since February 2022.

(f) The number of completed structures were not recorded on 29 July 2022. However, they were recorded during a count carried out by the Sheriff of the Court in August 2022 as 4880.

 

NATIONAL ASSEMBLY: QUESTION NO. 1646 (Written Reply) Mrs C Phillips (DA) asked the Minister of Public Works and Infrastructure:

The draft reply to Parliamentary Question No. 1646 (Written Reply) is submitted for your consideration.

The input has been provided by the Cape Town Regional office and Real Estate Management Services Business Unit.

I hereby attest that the information provided in response to NA PQ No. 1646 is true and correct, to the best of my knowledge.

_________________________

MS. T.KOLELE

ACTING REGIONAL MANAGER: CAPE TOWN

DATE:

I hereby attest that the information provided in response to NA PQ No. 1646 is true and correct, to the best of my knowledge.

_________________________

MR. M. MABINJA

ACTING DEPUTY-DIRECTOR-GENERAL: REAL ESTATE MANAGEMENT SERVICES

DATE:

Draft reply supported / not supported/ comments

________________________

MS. N MAKHUBELE

ACTING-DIRECTOR GENERAL

DATE:

 

Reply:

Find here: Reply

Reply:

The Minister of Public Works and Infrastructure:

a) Following the storm that affected the Qalakabusha Correctional Centre on the 3 April 2023, the Department of Public Works and Infrastructure (DPWI) Facility Management and Professional Services teams visited the site on the 4 April 2023 to prepare an assessment report on the damages that occurred. The details of the report revealed that the scope of works to be done required a project of a larger scale to be registered and prioritised by the Department of Correctional Services. The DPWI had then written to the Regional Commissioner’s office on the 6 April 2023 requesting the DCS to accept the findings of the report and either prioritise and fund a CAPEX project or confirm whether the DCS will carry out the repairs using implementing agents.

The DCS did not respond to the letter but forwarded an invite for the DPWI Professional Services to form part of a compulsory site briefing meeting with their National Project Management Team and service providers on the 12 April 2023. The DPWI officials observed in the meeting that DCS was preparing a specification and inviting service providers to tender for the work to be done on site. The observation of DPWI team on the day was that DPWI in any capacity will not be carrying out the repairs to the Qalakabusha CC following the storms in April 2023 as DCS will be carrying out this service themselves utilising their own budget. To date no response has been received from DCS regarding prioritizing funding and registering a project for Qalakabusha CC repairs after the storm damage.

b) DPWI is unable to provide timeframes as a response has not been received from DCS regarding registering a project.

 

NATIONAL ASSEMBLY: QUESTION NO. 1927 (Written Reply) Ms A M Siwisa (EFF) asked the Minister of Public Works and Infrastructure:

The draft reply to Parliamentary Question No. 1927 (Written Reply) is submitted for your consideration.

The input has been provided by the Durban Regional office and Construction Projects Management Business Units.

I hereby attest that the information provided in response to NA PQ No. 1927 is true and correct, to the best of my knowledge.

_________________________

MR. N VILAKAZI

REGIONAL MANAGER: DURBAN

DATE:

I hereby attest that the information provided in response to NA PQ No. 1927 is true and correct, to the best of my knowledge.

_________________________

MR. B MOKHOTHU

DEPUTY-DIRECTOR-GENERAL: CONSTRUCTION PROJECTS MANAGEMENT

DATE:

Draft reply supported / not supported/ comments

________________________

MS. N MAKHUBELE

ACTING-DIRECTOR GENERAL

DATE:

NATIONAL ASSEMBLY: QUESTION NO. 1927 (Written Reply) Ms A M Siwisa (EFF) asked the Minister of Public Works and Infrastructure:

Draft reply supported / not supported/ comments

_____________________

MS. B SWARTS, MP

DEPUTY MINISTER OF PUBLIC WORKS AND INFRASTRUCTURE

DATE:

Draft reply approved / not approved/ comments

__________________________

MR. S ZIKALALA, MP

MINISTER OF PUBLIC WORKS AND INFRASTRUCTURE

DATE:

 

 

Reply:

The Minister of Public Works and Infrastructure:

(a) The number of completed structures were not recorded on 15 April 2021. However they were recorded during an operation carried out by the Sheriff of the court in May 2021 as 382.

(b) The number of demolished structures as at May 2021 was recorded as 100.

(c) The number of structures were not recorder at the end of the security company’s contract. However they were recorded as 382 in May 2021.

(2)

(a) The number of completed structures were not recorded on 1 June 2021. However the next count was in February 2022 where 3800 structures were recorded.

(b) The number of demolished structures in February 2022 was recorded as 247.

(c) The number of structures were not recorder at the end of the security company’s contract. However they were recorded as 3800 in February 2022.

 

 

ATIONAL ASSEMBLY: QUESTION NO. 1644 (Written Reply) Mrs C Phillips (DA) asked the Minister of Public Works and Infrastructure:

The draft reply to Parliamentary Question No. 1644 (Written Reply) is submitted for your consideration.

The input has been provided by the Cape Town Regional office and Real Estate Management Services Business Unit.

I hereby attest that the information provided in response to NA PQ No. 1644 is true and correct, to the best of my knowledge.

_________________________

MS. T. KOLELE

ACTING REGIONAL MANAGER: CAPE TOWN

DATE:

I hereby attest that the information provided in response to NA PQ No. 1644 is true and correct, to the best of my knowledge.

_________________________

MR. M. MABINJA

ACTING DEPUTY-DIRECTOR-GENERAL: REAL ESTATE MANAGEMENT SERVICES

DATE:

Draft reply supported / not supported/ comments

________________________

MS. N MAKHUBELE

ACTING-DIRECTOR GENERAL

Reply:

The Minister of Public Works and Infrastructure:

(a) The number of completed structures were not recorded on 19 October 2021. However, they were recorded during an operation carried out by the Sheriff of the Court in February 2022 as 3800.

(b) The number of demolished structures was not recorded when the security company took over. However, the structures were recorded during an operation carried out by the Office of the Sheriff of the Court during February 2022 as 48.

(c) The number of structures were not recorded at the end of the security company’s contract. However, they were recorded on 22 February 2022 as 3800.

(d) The number of completed structures were not recorded when the security took over. However, it was recorded on 22 February 2022 as 3800 structures.

(e) The number of demolished structures was not recorded when the security company took over. However, the structures were recorded during an operation carried out by the Office of the Sheriff of the Court during February 2022 as 48.

(f) The number of structures were not recorded at the end of the security company’s contract. However, they were recorded in August 2022 as 4880.

 

NATIONAL ASSEMBLY: QUESTION NO. 1645 (Written Reply) Mrs C Phillips (DA) asked the Minister of Public Works and Infrastructure:

The draft reply to Parliamentary Question No. 1645 (Written Reply) is submitted for your consideration.

The input has been provided by the Cape Town Regional office and Real Estate Management Services Business Unit.

I hereby attest that the information provided in response to NA PQ No. 1645 is true and correct, to the best of my knowledge.

_________________________

MS. T. KOLELE

ACTING REGIONAL MANAGER: CAPE TOWN

DATE:

I hereby attest that the information provided in response to NA PQ No. 1645 is true and correct, to the best of my knowledge.

_________________________

MR. M. MABINJA

ACTING DEPUTY-DIRECTOR-GENERAL: REAL ESTATE MANAGEMENT SERVICES

DATE:

Draft reply supported / not supported/ comments

________________________

MS. N MAKHUBELE

ACTING-DIRECTOR GENERAL

DATE:

Reply:

The Department received the Engineers report for the reconstruction of the collapsed roof. The new construction of the roof was not on the initial scope of work for the Repairs and Renovations project that is currently underway in Potchefstroom Magistrate’s Court.

The Department invited quotations from roof specialists for the construction of the roof and the variation order application was submitted to the Variation Order (V.O.) Committee for consideration and upon approval of the V.O, the remedial work will start to reconstruct the roof.

 

 

NATIONAL ASSEMBLY: QUESTION NO. 1508 (Written Reply) Ms S J Graham (DA) asked the Minister of Public Works and Infrastructure:

The draft reply to Parliamentary Question No. 1508 (Written Reply) is submitted for your consideration.

The input has been provided by the Construction Project Management Branch.

I hereby attest that the information provided in response to NA PQ 1508 is true and correct, to the best of my knowledge.

________________________

MR. R MATLALA

REGIONAL MANAGER: MMABATHO REGIONAL OFFICE

DATE:

I hereby attest that the information provided in response to NA PQ 1508 is true and correct, to the best of my knowledge.

________________________

MR. C LOMBAARD

DEPUTY DIRECTOR GENERAL: FACILITIES MANAGEMENT

DATE:

Draft reply supported / not supported/ comments

________________________

MS. N MAKHUBELE

ACTING-DIRECTOR GENERAL

DATE:

NATIONAL ASSEMBLY: QUESTION NO. 1508 (Written Reply) Ms S J Graham (DA) asked the Minister of Public Works and Infrastructure:

Draft reply supported / not supported/ comments

_____________________

MS. B SWARTS, MP

DEPUTY MINISTER OF PUBLIC WORKS AND INFRASTRUCTURE

DATE:

Draft reply approved / not approved/ comments

__________________________

MR. S ZIKALALA, MP

MINISTER OF PUBLIC WORKS AND INFRASTRUCTURE

DATE:

MINISTRY

PUBLIC WORKS AND INFRASTRUCTURE

REPUBLIC OF SOUTH AFRICA

Department of Public Works l Central Government Offices l 256 Madiba Street l Pretoria l Contact: +27 (0)12 406 1627 l Fax: +27 (0)12 323 7573

Private Bag X9155 l CAPE TOWN, 8001 l RSA 4th Floor Parliament Building l 120 Plein Street l CAPE TOWN l Tel: +27 21 402 2219 Fax: +27 21 462 4592

www.publicworks.gov.za

NATIONAL ASSEMBLY

WRITTEN REPLY

QUESTION NUMBER: 1508 [NW1751E]

INTERNAL QUESTION PAPER NO.: 15 of 2023

DATE OF PUBLICATION: 05 MAY 2023

DATE OF REPLY: MAY 2023

1508. Ms S J Graham (DA) asked the Minister of Public Works and Infrastructure:

What progress has been made to date with implementing the necessary repairs to the roof of the Potchefstroom Magistrate’s Court that partially collapsed in September 2022? NW1751E

REPLY:

The Minister of Public Works and Infrastructure

The Department received the Engineers report for the reconstruction of the collapsed roof. The new construction of the roof was not on the initial scope of work for the Repairs and Renovations project that is currently underway in Potchefstroom Magistrate’s Court.

The Department invited quotations from roof specialists for the construction of the roof and the variation order application was submitted to the V.O. committee for consideration and upon approval of the V.O, the remedial work will start to reconstruct the roof.

__________________________

MR. S ZIKALALA, MP

MINISTER OF PUBLIC WORKS AND INFRASTRUCTURE

DATE:

Reply:

NDPWI Regional team visited the property on the 18/05/2023 to do a physical verification of the property in question which is situated in 39 Arbuckle Street in Himeville under The Dr Nkosazana Dlamini Zuma Local Municipality. The findings of the property are as follows:

1. The property was allocated to the Department of Justice (DOJ) for the provision of residential accommodation for the then appointed Magistrate;
2. The current building is not being used (vacant) and it was officially returned by DOJ to NPWI in 2013;
3. Since the property is vacant and currently there is no maintenance being done, however the department is paying for rates and municipal services (basic charges). However, our records reflects that there was maintenance done between the periods of 2003 to 2011.
4. The department is currently paying for rates and basic charges for services, which is up to-date;
5. No maintenance has been done in the property in the past five years;
6. The property is currently vacant and not being used;

NATIONAL ASSEMBLY: QUESTION NO. 1659 (Written Reply) Ms S J Graham (DA) asked the Minister of Public Works and Infrastructure:

The draft reply to Parliamentary Question No. 1659 (Written Reply) is submitted for your consideration.

The input has been provided by the Durban Regional Office and Facilities Management Business Units.

I hereby attest that the information provided in response to NA PQ 1659 is true and correct, to the best of my knowledge.

________________________

MR. N VILAKAZI

REGIONAL MANAGER: PORT ELIZABETH

DATE:

I hereby attest that the information provided in response to NA PQ 1659 is true and correct, to the best of my knowledge.

________________________

MR. C LOMBAARD

DEPUTY DIRECTOR GENERAL: FACILITIES MANAGEMENT

DATE:

Draft reply supported / not supported/ comments

________________________

MS. N MAKHUBELE

ACTING-DIRECTOR GENERAL

DATE:

NATIONAL ASSEMBLY: QUESTION NO. 1659 (Written Reply) Ms S J Graham (DA) asked the Minister of Public Works and Infrastructure:

Draft reply supported / not supported/ comments

_____________________

MS. B SWARTS, MP

DEPUTY MINISTER OF PUBLIC WORKS AND INFRASTRUCTURE

DATE:

Draft reply approved / not approved/ comments

__________________________

MR. S ZIKALALA, MP

MINISTER OF PUBLIC WORKS AND INFRASTRUCTURE

DATE:

 

 

Reply:

1) Airplanes have landed at the Air Force Base Waterkloof during the past five financial years. Please see the attached appendix detailing the authorised landings. The information is summarised as follows:

Year 2018/19 over the period 19 July 2018 to 28 March 2019

a. Countries/Institutions: BRICS countries, including Namibia, Angola, Rwanda, Zimbabwe Air Force, USA, Algeria, Botswana and Togo landed at AFB Waterkloof over the said period.

b. Reasons: Government to government, BRICS, MD2018 and SADC Summit.

Year 2019/20 over the period 02 October 2019 to 09 March 2020

a. Countries/Institutions: Nigeria, Germany, Kenya, Angola, Lybia and CAR landed at AFB Waterkloof.

b. Reasons: Government to government, Kenya Aviation engagement with SANDF, Defence Sub- Committee meetings and High Commission visit.

Year 2020/21 over the period 26 April 2020 to 19 March 2021

a. Countries/Institutions: Cuba, Angola Air Force, Botswana landed at AFB Waterkloof.
b. Reasons: Transporting Cuban doctors, transporting SADC goods, repatriation of human remains and government to government.

Year 2021/22 over the period 03 August 2021 to 11 March 2022

a. Countries/Institutions: Angola, Namibia, Botswana, Mozambique, Tanzania, and Kenya landed at AFB Waterkloof.
b. Reasons: SAMIM deployment, SADC Summit and government to government.

Year 2022/23 over the period 18 April 2022 to 28 March 2023

a. Countries/Institutions: Botswana, Ukraine, Zambia, Ivory Coast, Saharawi Republic, US Embassy, Spain, Namibia, Ethiopia, Angola, Kenya, Lesotho, Algeria, Tanzania, Belgium and Uganda landed at AFB Waterkloof.

b. Reasons: Government to government, cargo flight in support of SANDF Personnel in deployment, repatriation of human remains & patient from Mozambique, transporting cargo and Pax from USA, UN troop rotation and transportation of SAMIM/SADC goods. ·

2) All the above-mentioned landings at Air Force Base Waterkloof followed the correct approval processes and as such, were actioned by the South African Air Force Command Post.

Reply:

South Africa has a total road network of 750 000 km. The responsibility for building and maintaining the network is shared amongst SANRAL, Provincial and (Municipalities) Local government authorities.

(a) 159 272 Paved Network within the Republic 21% and 590728 gravel road 21%.

(b) Government to address funding requirements, the Department, together with SANRAL and CSIR are leading the use/piloting of the Nano-Technology based product to be showcased in KZN on 29 June 2023 to demonstrate the use of traditionally available stabilizing agents such as bitumen emulsions at much lower application rates, achieving improved strength characteristics and more water-resistant layers on gravel roads at lower unit costs. The nano-technology based product/material has potential to reduce surfacing costs by >50%. We are also embarking on a process that includes the transfer of the strategic roads by Provinces to SANRAL heighted operation Vala Zonke

Reply:

The pressure that has been placed on South Africa and other African countries to adopt a particular position on the Russia-Ukraine conflict takes different forms.

Some of these are direct in nature, such as the Countering Malign Russian Activities in Africa Act, which was introduced in the United States Congress in March 2022. Pressure is also applied through other means, some of which are informal, unofficial and indirect.

It is in the nature of the conduct of international relations that these matters be attended to through diplomatic engagement.

Reply:

The Department has identified issues that need to be addressed and measures to be implemented for water security and effective water services management:

• Introducing more specific minimum requirements to operate water and sanitation services, to include this in an operating license. This will mean strengthening enforcement through directives and amending Section 63 of the Water Services Act - to follow a more effective approach used in the National Water Act, clearly defining what functions the WSP is accountable for, what to report on and performing, which will mean regulation amendments in order for the department to effectively intervene where there is non-compliance.

• Broadening of South Africa’s water resource mix is critical for water security as there are now limited opportunities for further surface water developments. Additional sources to surface water like groundwater; desalination of sea water; return flows from treated waste-water systems; reuse of other poor-quality water such as acid mine drainage must be explored. Timeous implementation of large-scale investment in all the above types of water resource development projects is required to ensure water security.

• The Department is continuously identifying delivery hotspots at provincial level through Ministerial visits and deliberations/consultations with Local Municipalities. The Department has intervened through the implementation of over 70 projects that have been identified as Ministerial Priority Actions to address hotspot areas across the country. In some Provinces, both Political and Technical Steering Committees have been established to engage and monitor progress of these interventions, with involvement of The Department of Cooperative Governance and Traditional Affairs (CoGTA), Municipal Infrastructure Support Agent (MISA), South African Local Government Association (SALGA), and the Water Boards.

• The Department is currently implementing a national programme to develop Five-Year Water and Sanitation Services Reliability Implementation plans at Water Services Authority level. These plans will look at the demographics of all areas, water and sanitation needs assessments, infrastructure functionality status, infrastructure refurbishment requirements, water security and governance issues. In consultation with all municipalities, this process will result in a comprehensive situational assessment of all water and sanitation services at community level and through the implementation of reliability principles a pipeline of projects being developed that will integrate all grant funding to specifically address the provision of reliable water and sanitation services.

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Reply:

1. The Presidential Climate Finance Task Team (PCFTT) was established in February 2022.

2. The PCFTT held bi-monthly meetings during its tenure in 2022.

3. The Just Energy Transition Investment Plan (JET IP) was endorsed by Cabinet in November 2022. Its implementation is ongoing and is currently managed by a Project Management Unit that reports to the Project Management Office in the Private Office of the President. The implementation plan for the JET IP is expected to be finalised in October 2023.

Reply:

Current Status of the Extradition Request

(1.) On 5 June 2023, I led a South African delegation to the UAE and met with His Excellency Addullah bin Sultan bin Awad Al Nuaimi, the Minister of Justice in the UAE and His Excellency Judge Abdul Rahman Murad Al Balushi, the Director of International Cooperation, the UAE Central Authority, to engage the authorities in the UAE on the extradition request for Mr Atul Kumar Gupta and Mr Rajesh Kumar Gupta, and other areas of cooperation.

a) During the meeting I expressed my concern about the status of the Gupta request and the court’s findings that they could not be extradited to South Africa. The delegation then suggested measures that could be taken to facilitate the successful extradition and emphasised that this is a matter of national interest for South Africa.

b) His Excellency Addullah bin Sultan bin Awad Al Nuaimi, assured my delegation that the UAE will put the necessary measures in place to meet its international obligations in terms of the Extradition Treaty to assist and support South Africa in its quest for the extradition of the Gupta brothers. To this end it was agreed that a virtual technical meeting between the Prosecutors in the UAE and South Africa will take place as soon as possible.

(2.) The delegation enquired regarding the current whereabouts of Mr Atul Kumar Gupta and Mr Rajesh Kumar Gupta, but was informed by Judge Abdul Rahman Murad Al Balushi that the whereabouts of the Gupta brothers are not known to the UAE authorities.

Reply:

The Minister of Public Works and Infrastructure:

The matter regarding the lack of completion of road project in the town of Senwabarwana in Limpopo, is a provincial matter. The project is managed by the Road Agency Limpopo (RAL), which is solely owned by the Limpopo Provincial Government. The Limpopo Provincial government is the shareholder of RAL and the MEC of the Department of Public Works, Roads and Infrastructure, is appointed as its shareholder representative. Therefore, PQ 2322 should be referred to the MEC of the Department of Public Works, Roads and Infrastructure.

Reply:

1. The Organisation of Economic Cooperation and Development (OECD) Anti - Corruption and Integrity Forum (the Forum)has been a driving force in the global anti-corruption movement for more than four decades. Established in 2013, the Forum is the OECD’s premier public multi-stakeholder platform shaping the anti-corruption and integrity dialogue between government, business and civil society.The Forum therefore focuses on policy solutions and business innovations that strengthen integrity and fight corruption.

(a) The Forum hosted its meetings virtually between 2019 and 2022, due to the Covid 19 Pandemic. The year 2023 was the first time the Minister of Justice and Correctional Services was invited to participate in the Forum sessions which took place on 24 – 26 May 2023.

2. Since the OECD’s establishment in 1961, the OECD has, through its various Forums and working groups, developed close to 300 legal instruments, many of which have become international standards promoting integrity.

(a) The Forum has produced various guidelines and policy documents to guide countries in their own domestic policy and law making initiatives. South Africa has utilized the OECD Anti Bribery Convention to draft its Prevention and Combating of Corrupt Activities Act , 2004. In addition, the OECD Recommendations on Improving Ethical Conduct in the Public Service were instrumental in strengthening South Africa’s Protected Disclosure Act as amended in 2017.

Reply:

The KwaZulu-Natal Provincial Department of Human Settlements reports that the Siyahlala-la Housing Project near Fairleigh in Ward 25 is currently a subject of an investigation commissioned by the Provincial Department of Human Settlements following allegations of fraud and corruption. Furthermore, 100 housing units within the project have been invaded.

a) No alternative solutions were provided as the provincial department did not evict any families from the project.

b) Not applicable.

Reply:

The Department has provided comments prior to the recent workshop held in April 2023. After attending the April 2023 workshop, the Department through Compensation Fund identified fundamental issues that need to be resolved before providing additional comments.

In the recent document provided by DSD for comments it is apparent that the social security provided by The Compensation Fund is not fully understood e.g. the contributions are not paid from employees and are from employers with a risk based classification model. We therefore await further discussions because the paper does not fully cover the plight of injured workers considering the Compensation Fund is mandated to cover medical costs and ensure injured workers return to work

The may be further comments that the Department may wish to make, however we recommend that DSD hold another discussion where the fundamental issues that were raised at the April session are addressed

The department acknowledges the support for the Green paper and National Security Fund. The complex functions of one of our entities in having a risk based collection from employers and contributing to improved occupational health together with an integrated approach of providing medical care, return to work and temporary and long term benefits that aim to address the unique health and pension needs of the injured worker must be noted and these are aspects that must be considered.

As the Green Paper evolves and some of what the Department has raised in its comments, further input would then be depended on the nature of the new text.

Reply:

a) The following number of inmates escaped from lawful custody:

Region	2018/19	2019/20	2020/21	2021/22	2022/23
Limpopo, Mpumalanga & North West	12	01	06	07	05
Free State & Northern Cape	05	09	11	03	03
KwaZulu-Natal	05	05	03	06	02
Western Cape	06	04	75	03	05
Gauteng	21	10	12	02	02
Eastern Cape	07	05	10	01	10
TOTAL	56	34	117	22	27

The following number of escaped inmates were re-arrested to lawful custody

Region	2018/19	2019/20	2020/21	2021/22	2022/23
Limpopo, Mpumalanga & North West	10	1	3	1	5
Free State & Northern Cape	5	8	9	3	3
KwaZulu-Natal	4	4	2	5	2
Western Cape	5	3	75	3	5
Gauteng	13	6	2	2	1
Eastern Cape	7	5	10	1	5
TOTAL	44	27	101	15	21

b) Conditions that contribute to escapes from DCS facilities include amongst others:

• Lack of maintenance, poor and outdated infrastructures;
• Influx of contrabands in Correctional Facilities; &
• Non-compliance to policies and procedures by DCS officials.

END.

Reply:

a) The table below provides details on the number of courts that do not have full-time interpreters:

No.	Province	No. of Courts Without a Full-Time Court Interpreter	Reasons for Non-Provision	Contingency Plan
1	Eastern Cape	1	Vacancy	Recruitment Underway/Casual Interpreter
2	Free-State	0	N/A	N/A
3	Gauteng	0	N/A	N/A
4	Kwa-Zulu Natal	0	N/a	N/A
5	Limpopo	0	N/A	N/A
6	Mpumalanga	0	N/A	N/A
7	North West	1	A periodical court	Recruitment Underway/Casual Interpreter
8	Northern Cape	4	Periodical courts that sits once per week	Serviced by the main courts
9	Western Cape	9	Periodical courts that sit once or twice a week, and proclamation of new courts due to re-demarcation	Casual Interpreters
Grand total	15

b) Details of cases that get postponed due to the lack of availability of interpreters in the courts of the Republic in each of the past three (3) years are tabulated below:

As at the end of March 2020/21
District Courts
Admin Regions	Unavailable interpreters (local and foreign)
Administrative Region 1 (Eastern Cape A) Port Elizabeth	22
Administrative Region 2 (Eastern Cape B) Mthatha	10
Administrative Region 3 (Free State A) Bloemfontein	4
Administrative Region 4 (Free State B) Welkom	16
Administrative Region 05A (Gauteng) Johannesburg	18
Administrative Region 6 (Kwa-Zulu Natal A) Durban	16
Administrative Region 7 (Kwa-Zulu Natal B) Pietermaritzburg	12
Administrative Region 08 (Mpumalanga) Nelspruit	18
Administrative Region 09 (North West) Mmabatho	6
Administrative Region 10 (Northern Cape) Kimberley	4
Administrative Region 11 (Limpopo) Polokwane	10
Administrative Region 12 (Western Cape A) Cape Town	11
Administrative Region 13 (Western Cape B) Wynberg	19
Grand Total	166
Regional Courts
Province	Unavailable interpreters (local and foreign)
Eastern Cape	6
Free State	2
Gauteng	16
Kwa-Zulu Natal	8
Limpopo	3
Mpumalanga	1
North West	3
Western Cape	4
Grand Total	43
As at the end of March 2021/22
District Courts
Admin Regions	Unavailable interpreters (local and foreign)
Administrative Region 1 (Eastern Cape A) Port Elizabeth	11
Administrative Region 2 (Eastern Cape B) Mthatha	10
Administrative Region 3 (Free State A) Bloemfontein	1
Administrative Region 4 (Free State B) Welkom	5
Administrative Region 05 (Gauteng) Pretoria	1
Administrative Region 05A (Gauteng) Johannesburg	9
Administrative Region 6 (Kwa-Zulu Natal A) Durban	8
Administrative Region 7 (Kwa-Zulu Natal B) Pietermaritzburg	8
Administrative Region 08 (Mpumalanga) Nelspruit	9
Administrative Region 09 (North West) Mmabatho	8
Administrative Region 11 (Limpopo) Polokwane	14
Administrative Region 12 (Western Cape A) Cape Town	11
Administrative Region 13 (Western Cape B) Wynberg	7
Grand Total	102
Regional Courts
Province	Unavailable interpreters (local and foreign)
Eastern Cape	10
Free State	1
Gauteng	19
Kwa-Zulu Natal	5
Limpopo	8
Mpumalanga	1
Western Cape	8
Grand Total	52

As at the end of March 2022/23
District Courts
Admin Regions	Unavailable interpreters (local and foreign)
Administrative Region 1 (Eastern Cape A) Port Elizabeth	25
Administrative Region 2 (Eastern Cape B) Mthatha	3
Administrative Region 3 (Free State A) Bloemfontein	3
Administrative Region 4 (Free State B) Welkom	2
Administrative Region 05 (Gauteng) Pretoria	2
Administrative Region 05A (Gauteng) Johannesburg	24
Administrative Region 6 (Kwa-Zulu Natal A) Durban	20
Administrative Region 7 (Kwa-Zulu Natal B) Pietermaritzburg	7
Administrative Region 08 (Mpumalanga) Nelspruit	7
Administrative Region 09 (North West) Mmabatho	6
Administrative Region 10 (Northern Cape) Kimberley	10
Administrative Region 11 (Limpopo) Polokwane	4
Administrative Region 12 (Western Cape A) Cape Town	16
Administrative Region 13 (Western Cape B) Wynberg	19
Grand Total	148
Province	Unavailable interpreters (local and foreign)
Eastern Cape	18
Free State	1
Gauteng	22
Kwa-Zulu Natal	9
Mpumalanga	3
North West	2
Western Cape	25
Grand Total	80

Reply:

The Minister of Public Works and Infrastructure:

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

Reply:

Raising public awareness in respect of the Thuthuzela Care Centre (TCC) model, its location and the victim-centred multi-disciplinary services offered to victims of gender-based violence (GBV) is critical for increasing access to facilitate access to justice, safety and protection.

The National Prosecuting Authority’s (NPA) Sexual Offences and Community Affairs (SOCA) Unit is responsible for the expansion of the TCC footprint and the management of the TCC sites, has public awareness as one of its key activities. This is done provincially, nationally and internationally.

At provincial level, all SOCA officials, more particularly, the TCC officials are tasked with empowering the communities they serve to know what GBVF is, know their rights and when they are being infringed, know where to seek help (at the TCC) and how to protect themselves. This is done through public awareness campaigns, imbizos, and training sessions with non-governmental organisations (NGOs), law enforcement agencies, and other stakeholders. These activities take place throughout the year to ensure that the more informed communities are, the more willing they will be to access justice. To ensure maximum exposure public awareness activities are aligned with critical events such as Child Protection Week, World Elder Abuse Awareness Day, Youth Day, Women’s Month, Disability Rights Awareness Month and the 16 Days of Activism for No Violence against Women and Children.

To reach the rural communities SOCA has regular engagements with traditional leadership who are a conduit to rural communities. Buy-in from the traditional leadership facilitates access to the TCC for victims in rural communities, particularly, the Eastern Cape and KwaZulu-Natal. The engagement with the traditional leadership takes the form of training on what GBVF is, as well as the work of the TCC with the Inkosis and Indunas. In addition, training and informal discussions are held with the wives of traditional leaders. SOCA in KZN is also part of a multi-disciplinary team, and in collaboration with Cooperative Governance and Traditional Affairs (COGTA), are preparing to brief the Provincial House of Traditional Leaders (PHTL) on GBVF, with the view to rolling out the aforementioned training and engagement with traditional leadership throughout the province. This platform will be used to increase the visibility of the TCC model. Similarly, in the Eastern Cape, the PHTL are members of the Provincial Oversight Committee on GBV chaired by the SOCA Unit, thus ensuring that the TCC model and its services remain at the forefront of discussions. The Bizana TCC hosted a workshop on GBVF and the TCC services available to support the community with traditional leaders, an initiative that garnered television coverage. In addition, a second workshop with traditional leadership on issues related to GBVF and the LGBTQIA+ community. In preparation for the establishment of a TCC in Flagstaff, awareness-raising and training have also commenced with traditional leaders in Flagstaff.

Public awareness encompasses the use of media tools: such as local community radio interviews. TCC officials have secured regular slots to ensure that information about TCCs and the SOCA mandate reaches a wider audience than ordinarily reached by in-person awareness events; focused television interviews; news segments and various social media platforms such as Facebook, and Twitter with the support and expertise of NPA Communications.

At national level, the SOCA leadership, and the national leadership, presents on the TCC model at conferences, national news networks and workshops both locally and internationally. There is a particular focus on the neighbouring SADC countries.

National Strategic Plan on Gender-Based Violence and Femicide (GBVF-NSP) calls on the private sector to elevate its own accountability practices and invest in supporting the rollout of respective pillars of the NSP. This has afforded the NPA opportunities to amplify public awareness of TCCs such as the SPAR Group, providing zero cost marketing of TCCs by placing the NPA TCC logo on its shopping bags for its over 800 stores; the Clicks Group creating slots on their in-store radio, which broadcasts to staff and consumers in over 900 stores across the country; and Vodacom’s offer to make provision for TCC marketing messaging to its over 44 million subscribers.

In addition, the NPA has widely publicised launches of new TCCs, inviting key community leaders, key stakeholders and high-ranking officials from the Criminal Justice Cluster. This ensures that the location of the TCC becomes known.

Increased visibility of the TCC model will ensure increased accessibility of the services of the TCC. The NPA will continue to focus on this aspect.

Reply:

The National Treasury does not take steps to encourage any specific person to live and work in South Africa and focuses instead on creating a climate for encouraging both domestic and foreign investors to invest in South Africa. This approach does entail supporting the removal of obstacles to investment, like the red tape that prevents skilled personnel from foreign countries from working in South Africa. The recently completed work visa review that proposed amendments to streamline and improve immigration regulations is a good example of such an initiative. In addition, it is also important for us to continue to improve the domestic climate to keep skilled or high-net worth individuals to continue to live and work in South Africa.

Reply:

1. The mechanisms to oversee the designation of funeral parlours are stipulated on Section 29(1) of Regulations on the Registration of Births and Deaths Act which provides the requirements as follows:

“An application for designation as a funeral undertaker in terms of section 22A(1) of the Act must be made on Form DHA–1774 illustrated in Annexure 21 and be accompanied by —

(a) a certified copy of the identity document of the applicant;

(b) a certificate of competence issued by the relevant municipality or authority;

(c) where applicable, a business licence;

(d) a recent valid tax registration certificate for the business issued by the South African Revenue Service;

(e) proof of registration with any federation or association of funeral undertakers;

(f) proof of payment of the applicable fee.

(2) In order to qualify for designation as funeral undertaker, a person must―

a. be a South African citizen of 18 years or older;

b. not be an official employed by the Department; and

c. demonstrate to the Director-General his or her knowledge of the Act by successfully completing a written examination conducted by the Department from time to time.

(4) A designated funeral undertaker who acts as an informant on behalf of the family of the deceased must submit proof of appointment to confirm him or her as the representative of the family of the deceased whose notice of death is being given by such funeral undertaker.

(5) The Director-General may withdraw the designation as a funeral undertaker if satisfied that the funeral undertaker has not complied with the provisions of the Act or has been convicted of a criminal offence without the option of a fine.

END

Reply:

Responses were received from 5 provinces namely Western Cape, Northern Cape; Free State, Eastern Cape and Gauteng. The responses to the questions posed are presented in a tabular form below, presenting provincial and national response.

1. The total number of child-headed households (a) in each province and (b) nationally;

Provincial responses	National response
Province	1 (a)	1 (b)
Western Cape	1(a) Between 2019 and 2022-23 financial year, there were 28 child-headed households (CHH) in the (b) no respond Western Cape Province, with a total of 54 children living within those homes.	Nationally, there are 236 child headed households
Northern Cape	1(a) No child-headed households were reported to the DSD Northern Cape since 1 January 2019.
Eastern Cape	1(a)Total number of Child Headed Household each year since 1 January 2019 is as follows:   2019/2020: 2020/21: 88 2021/22: 25 2022/23: 52
Free State	1(a) From 2019 to March 2022, children found alone in child headed households were found in need of care and protection. After assessments done where the eldest child was found not competent to take responsibility of the household, the children were placed under Foster Care. Since April 2022 to date 15 children in 7 child headed households were reported in the province. The Department in the process of appointing the adult supervisors for them.
Gauteng	1(a)Since 1 January 2019 Gauteng Department of Social Development have recorded a total of 17 child headed households to date. (ii)In addition, in cases of Child Headed Households, the social worker usually evaluates the risks and remove the children to alternative care placements through statutory interventions.
Mpumalanga	No response
Kwazulu-Natal	No response
North West	No response
Limpopo	No response

2 (a) The distribution for each age group in child-headed households and (b) average time that each age group has been part of a child-headed household (i) in each province and (ii) nationally is as follows:

Provincial responses	National response
Province	2 (a)	2 (b)(i)	2 (a)(ii)
Western Cape	The distribution for the age group for the child headed household is between 16 and 18 years of age.	No response were provided on the average time that each age group for been part of child headed households.	Nationally, the distribution for age group in child headed households is defined according to the Children’s Act no 38 of 2005; section 137 which is between 16 to 18 years. Nationally, the average that each group has been part of a child headed households depends on the circumstances of the households after the investigations and individual assessment has been conducted by the social worker which will then informs the interventions. Section 137 of the Children’s Act no 38 of 2005 stipulates the conditions under which a child- headed households should be recognised. It provides that a provincial head of social development may recognise a household as child headed household if: the parent, guardian or caregiver is terminally ill, has died or has abandoned the children in the household; no adult family member is available to provide care for children in the households. a child over the age of 16 years has assumed the role of caregiver in respect of the children in the household; and it is in the best interest of the children in the household.
Northern Cape	2 (a) not applicable for Northern Cape DSD.	2(b)(i) No response provided.
Eastern Cape	2.(a) The distribution for each age group is between 5 to 21 years	2(b)(i) Average time that each group has been part of Child Headed Household is between 2 to 3 Years.
Free State	2.(a) The distribution age group of these children are mostly between 10 to 16 years.	2(b)(i) average time that each age group has been part of a child-headed household in Free State Province is that a child remains within the household until the age turn 18 years.
Gauteng	2(a) Distribution of age group per Year are as follows: 2019/2020 0-6 years = 0 7 – 12 years =0 13- 17=0 2020/2021 0-6 years = 0 7 – 12 years =1 13- 17 years =2 2021/2022 0-6 years = 0 7 – 12 years =2 13- 17 years =2 2022/2023 0-6 years = 0 7 – 12 years =4 13- 17 years =2 2023 to date 0-6 years = 0 7 – 12 years =2 13- 17 years =2	2(b)(i) There was no response provided on the average time that each age group has been part of a child headed household.
Mpumalanga	No response
Kwazulu-Natal	No response
North West	No response
Limpopo	No response

3. The department track and/or monitor child-headed households and (b) offers the following programmes / or assistance to childheaded households (i) in each province and (ii) nationally;

Provincial responses	National response
Province	3 (a)	3 (b)(i)	3 (i)&(ii)
Western Cape	CHH are tracked through reports of the funded Prevention and Early intervention organisations and designated child protection organisations that provide support to children in child-headed households.	Prevention and Early intervention programmes are offered to child -headed households	Nationally, the department developed Children’s Act Monitoring System which aimed at monitoring and tracking data for child headed households in the provinces. In addition, the department track and monitor through quarterly reports received from the provinces.
Northern Cape	3(a) No responds were provided.	3(b)(i) When the child-headed household is reported and declared, the dsd provincial office contact the district office to provide support and provide progress report.	3(b)(ii) Nationally, the Department is implementing a community-based prevention and early intervention programme (Risiha) to ensure care and protection of vulnerable children including child headed households through the provision of core package of services in all nine (9) provinces. The programmes are designed to support and sustain families; and to prevent removal of children from their home environment and communities. The Risiha programme consists of seven (7) interrelated service areas which aim to address the holistic needs of child headed households emanating from the high level of poverty, inequality, and social exclusion in the country. The programme is implemented within the Drop-in Centres by various Social Service Practitioners. The seven interrelated core services for Risiha Programme are as follows: Food and Nutrition: Provide a safety net for child headed households including other vulnerable children within their communities and where they can access food when the food provision in their family is insecure or where the child is at risk of stunting and malnutrition. Improve children’s food security & nutrition intake by ensuring access to community nutrition opportunities (cooked meals, food parcels), promote adequate nutrition, and track children’s growth to identify stunting. Psychosocial support: Improving children’s mental health by the early identification of children in emotional and psychological distress, extend the implementation of evidence-based social behavioural change programmes, sensitise families on children’s participation in a family matter and promote access to sport & recreation. Educational support: to increase access to and attendance of schools through for example, supporting children to overcome obstacles to attendance – such as lack of school uniform, transport, lack of parental support for schooling and to support children in their educational performance. Economic Strengthening: aims at supporting and increasing the economic base of households through facilitating access to social security grants, entrepreneurial and other economic strengthening activities. Child care and protection: prevention of child abuse, neglect and exploitation and creating an enabling environment within the home, community and accessible services that will support parents to look after their children. Health promotion: Improve children’s health through better access to health care, promote and support access to sexual reproductive health services for girls and boys, and the early identification and support to children with disabilities, promote and support good WASH habits. HIV and AIDS services: Reducing children’s risk of contracting HIV by improved HIV awareness and sexuality education, promoting known HIV status of children, support ART uptake and adherence and mitigating sexual and substance risk-taking behaviour of adolescents. A drop-in centre is a non- residential community-based facility providing basic services aimed at meeting the emotional, physical, and social development needs of vulnerable children. The Children’s Act 38 of 2005 makes a provision for drop-in centres to ensure the care and safety of children whilst accessing services in these facilities and the quality of services and programmes provided. The National Department of Social Development has a National Register for Drop-in Centres which has data on registered and unregistered drop-in centres in all nine provinces. As of March 2023, the total number of drop-in centres in the country was 1201 and the total number of children accessing services in drop-in centres was: 180 426. In addition, the Children ‘s Act provide other alternative placement of child headed households if they are found to in need of care and protection through, foster care, cluster foster care scheme, child and youth care centres and adoption.
Eastern Cape	3. (a)They are tracked through door-to-door visits which are randomly done by Child and Youth Care Workers and are monitored through home or family visits that are done daily to the identified families.	3(b)(i) Child -headed households receive assistance with school uniform, stationery, toiletries, dignity packs, clothing, and food parcels according to their needs through the Risiha Programme.
Free State	3(a) Monitoring is done by social workers. Where available Auxiliary Assessments are done to determine if the situation is still in the best interest of the child/ren.	3(b) (i) The child -headed households receive the following assistance: psycho- social support, educational programme and life skills development
Gauteng	3(a) No response were provided.	3(b)(i) The department provide statutory interventions to child headed households; provision of foods parcels and psychosocial support services.
Mpumalanga	No response
Kwazulu-Natal	No response
North West	No response
Limpopo	No response

4.The reasons children end up in child-headed households are as follows:

Province	Response
Western Cape	(4) Section 137 of the Children’s Act No. 38 of 2005 stipulates that a provincial head of social development. may recognize a household as a child-headed household if: the parent, guardian or caregiver of the household is terminally ill, has died or has abandoned the children in the household; no adult family member is available to care for children in the household. a child over the age of 16 years has assumed the role of caregiver in respect of the children in the household. Child-headed households have become increasingly. common because of rapid urbanization, poverty, migration, and changes in residential patterns.
Northern Cape	Death of parents Parents being untraceable. Substance Abuse GBV/Domestic Violence Poverty Unemployment
Eastern Cape	Increased death rates due to chronic illnesses due to HIV and Aids and Covid-19 pandemic. Weakened state of traditional family safety nets in taking care of orphaned children.
Free State	Parents / adult care givers deceased or due to illness not in the position to care for the children.
Gauteng	Parents working far from homes. death of parents Parents terminally ill or unable to take care of children due to health conditions.
Mpumalanga	No response
Kwazulu-Natal	No response
North West	No response
Limpopo	No response

Reply:

1. The SIU has been proactive in ensuring that the needs from the various spheres of government are met. This is evident in the recent Resourcing Strategy Indaba held, to ensure that the influx of Proclamations currently experienced can be accommodated.

2. a) 199.

b) By 31 March 2024.

3. a) R11,744,481

b) R 5,487,191 is still within 30 days. R 6,257,289 is above 30 days and it is currently under investigation.

4. The SIU, in its normal day to day operations, sends out Statements of accounts on monthly basis to different State Institutions, indicating the amount owing at a particular period. Attached to the Statement of Accounts would normally be a Progress Report, indicating progress on the investigations and allowing the State Institutions a preview of what activities took place during the period being reported on.

On a regular basis, Managers on the investigations are requested to follow up with the various State Institutions on outstanding payments and once a year, the Finance Department sends out letters to the State institutions requesting them to settle the outstanding debts.

During the 2022/23 financial year, the SIU embarked on a more intense project dubbed “Project Khokhela” to deal with the outstanding debt. During the year, various face to face engagements were held with some institutions and this process yielded positive results and payments were received from these institutions.

Reply:

The South African National Standard (SANS 10400-S: 2011) Part S: National Building Regulations, Facilities for persons with disabilities was approved and published during the year 2011.

Although significant progress was made to transform prisons in order to cater for persons living with disabilities, more effort is required to fully comply with the mentioned SANS at all correctional centres. The main objective of the Departmental Infrastructure Plan is to transform prisons into correctional centres conducive for safe and humane rehabilitation and incarceration, and therefore the Department is mindful of the necessity to comply with latest Building Regulations.

During the construction of new correctional centres and during the refurbishment/upgrade of existing infrastructure the implementation of SANS 10400-S: 2011 is a standard design principle as required by the relevant building regulations.

Inmates are incarcerated at appropriate correctional centres in terms of offender profile, classification, disability and physical health condition. Therefore, offenders and remand detainees living with disabilities are placed at correctional centres consistent and suitable in terms of the degree of disability.

The Department is equipped to accommodate persons living with disabilities, subject to the merit of each case and based on the need and availability of required health care services and facilities.

END.

Reply:

The Judicial Matters Amendment Bill, 2023 (“the Bill”) which is currently under deliberation by the Portfolio Committee on Justice and Correctional Services contains, amongst others, a provision (clause 10) that proposes the insertion of a new section 57B, 57C and 57D into the Criminal Procedure Act, (Act No. 51 of 1977) (‘‘Criminal Procedure Act’’). The proposed new section 57D (Convictions and sentences in respect of admission of guilt fines relating to offences in terms of regulations made in terms of section 27(2) of Disaster Management Act, 2002), specifically provides that “criminal record of a person which contain the conviction and sentence of a person who—

(a) is deemed to have been convicted and sentenced by a court as contemplated in section 57(6) of this Act, in respect of a specified offence; or

(b) appeared in court in terms of a summons or written notice referred to in section 57(1) of this Act, in respect of a specified offence where it was permissible for that person to admit his or her guilt and who has been convicted and sentenced by the court in respect of the specified offence in question,

is hereby expunged, determined from the date of payment of the admission of guilt fine referred to in paragraph (a), or the sentence referred to in paragraph (b)”.

The objective of the amendment is also to provide for automatic expungement of the criminal record. In the event that that is not the case, the amendment provides for submission of a written application to assist any person in achieving the expungement automatically by the Criminal Record Centre of the South African Police Service.

The automatic expungements will take effect once the Bill is assented to and signed into an Act of Parliament.

Reply:

A draft National Prosecuting Authority Amendment Bill has been drafted in consultation with the National Prosecuting Authority and its being prepared for tabling in Cabinet for approval to introduce the Bill in Parliament. It is envisaged that the Bill will be introduced into Parliament in August 2023.

The Bill aims to bring about amendments to the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998) to facilitate the establishment of a permanent entity within the Office of the National Director of Public Prosecutions. The envisaged amendments, in short, entails the establishment of the Investigating Directorate Against Corruption, the appointment of investigators, their remuneration, conditions of service and powers. The amendments support the independence of the Investigating Directorate Against Corruption.

Reply:

a) No other PRASA Board members, except for Mr. Ramatlakane have resided in/leased any PRASA properties.

b) Mr. Ramatlakane leased the house in Newlands for a 3-month period, from 15 December 2022 to 15 March 2023.

c) The lease agreement entered into with Mr. Ramatlakane was based on standard terms and conditions, signed with all external parties when residential properties are leased out to the market.

d) The application of Mr. Ramatlakane emanated from a basis that he required short term accommodation whilst his private residence was being renovated.

Reply:

1. National Treasury collects outstanding creditor’s information via the Local Government Database and Reporting System (LGDRS) hosted by National Treasury on monthly basis. However, although the list of outstanding creditors includes pension fund contributions, it does not provide a breakdown for outstanding medical aid contributions but this category is lumped under other payables. The National Treasury is putting measures to facilitate the collection of such information for further purposes. Another challenge is that some municipalities might choose not to disclose this information in their submissions to the National Treasury’s database which makes it challenging to get an accurate picture of municipalities owing the Pension Funds.

At this stage, the only four (4) municipalities in the Free State and five (5) in the Northern Cape have disclosed the information on arrears of monthly statutory contributions to the Pension Fund. However, municipalities in Limpopo and Mpumalanga disclosed no arrears since they are up to date with their respective monthly contributions to the Pension and Medical Aid Funds. The information is listed in Annexure A.

(2)(a)(c) The National Treasury has communicated the criteria for the release of the Equitable Share in its annual Budget Circulars. Included in the criteria is the requirement to table a funded budget in terms of Section 18 of the MFMA as well as making adequate provision to repay all creditors in terms of Section 65(2)(f) of the MFMA.

Every time we received correspondence from the respective pension funds administrator on outstanding payments / accounts, the National Treasury will send a letter to the respective municipality requesting reasons as to why they have defaulted.

(2)(b) The total amount reported for pension fund contributions are consolidated Retirement Fund R23.7 million and Municipal Workers Retirement Fund R6.3 million. More details attached as Annexure A.

(2)(d) At this stage, none of the above listed municipalities compensated any municipal officials or councillors affected by the no-payment of monthly contributions to the Pension Funds and/ or Medical Aid Funds. The responsibility to ensure this is avoided at all costs is with the respective Municipal Councils.

However, at Renosterberg Municipality, the municipal employees instituted a lawsuit against the municipality by an affected municipal official but there was no follow through, and the lawsuit was dropped.

(3) As indicated before, at Renosterberg Municipality, criminal charges were laid against the former administrative and political leadership (Municipal Manager, the Chief Financial Officer and the Mayor). At this stage, no arrest has been made and the criminal case is still under investigation by the law enforcement agencies as of May / June. The municipality had not received further communication from the law enforcement officers other than the charge sheet.

As for the remainder of the above listed municipalities, no criminal cases were reported to the police and reason cited by the Provincial Treasury was the instability at senior management in the respective municipalities that hampered the implementation of consequence management.

Annexure A

Kai Garib Local Municipality:

(2)(a) For how long has each specified municipality not been paying the arrears?

The municipality reported to have defaulted on third party payments since February 2022.

(2)(b) The total amount reported for pension fund contributions.

Renosterberg Local Municipality:

2 (a) For how long has each specified municipality not been paying the arrears?

The municipality reported to have defaulted on third party payments since May 2017.

2 (b) What is the total amount of the specified arrears?

The total amount reported for pension fund contributions and medical aid amounts to R19 million.

Ubuntu Local Municipality:

2 (a) For how long has each specified municipality not been paying the arrears?

The municipality reported to have defaulted on third party payments since March 2023.

2 (b) What is the total amount of the specified arrears?

The total amount reported for third parties amounts to R3.4 million.

Thembelihle Local Municipality:

2 (a) For how long has each specified municipality not been paying the arrears?

Defaulted from December 2021.

2 (b) What is the total amount of the specified arrears?

The total amount reported for pension fund contributions (cape joint retirement fund and amounting to R5.1 million.

Kheis Local Municipality:

2 (a) For how long has each specified municipality not been paying the arrears?

The municipality reported to have defaulted on third party payments since July 2021.

2 (b) What is the total amount of the specified arrears?

The total amount reported for pension fund contributions and medical aid amounts to R19.9 million.

Magareng Local Municipality:

2 (a) For how long has each specified municipality not been paying the arrears?

The municipality reported to have defaulted on third party payments since March 2021.

2 (b) What is the total amount of the specified arrears?

The total amount reported for third parties amounts to R4.3 million.

Reply:

1. Section 12 of the Identification Act, 1997 (Act No.68 of 1997) provides for the “Verification of particulars” and states as follows:

“The Director-General may—

(a) request any person to furnish the Director-General with proof of the correctness of any particulars which have been furnished in respect of such person in any docurnent in terms of this Act; and

(b) investigate or cause to be investigated any matter in respect particulars are required to be recorded in the population register.”

In order to comply with the above Act, the person referred to herein was to furnish the Department with duly completed DHA-9, DHA-24, DHA-288 forms and a copy of mother’s ID for the case to be finalised. It should be noted that Mr Nkeane Shebangane Reginald indeed visited the office during February 2023 and was again requested to avail the outstanding documents. To redress the matter, the Department has visited Mr Nkeane in June 2023 and provided him with the necessary support to complete the above required forms and as such his matter has been amicably resolved. The markers set on his identity number have been lifted as a result.

(2)(a) The investigation has been conducted and the outcome is that the ID was fraudulently used by a Lesotho national who was deported in 2008. In August 2009 the fraudster applied for an ID upon which his fingerprint matched with a foreign fingerprint record belonging to a Lesotho contract worker. On the 23rd November 2009, a message was placed on the system that the applicant needs to be subjected to an interview. On 21 December 2010, a secondary message was placed on the system requesting for an Immigration Questionnaire, a Recommendation letter and a Renouncement letter to renounce the ID number as it was already used by a foreign national. On 28 August 2012, Mr Nkeane was interviewed by Immigration Services Branch and the investigation report sent to Head Office. After investigation by Head Office, it was concluded that Mr Nkeane was sharing the identity number with a foreign national from Lesotho. Mr Nkeane however insisted on maintaining his original ID number. On 27 September 2012, a final message was placed on the system that Mr Nkeane must submit a fully completed DHA-9 application to upload his fingerprints in the system so that his matter is finally resolved. The outstanding documents were received in June 2023 and the matter has been finalised.

(2)(b)(i) There are 13 090 files where outstanding documents are needed from clients before cases can be finalised. Clients are informed telephonically and/or through correspondence.

(2)(b)(ii) Delays are caused by non-responsiveness of clients.

END

Reply:

The Minister of Public Works and Infrastructure:

The matter regarding collapsing of ceilings of class rooms and renovations of schools is not within the mandate of the Department of Publc Works and Infrastructure, therefore this question should be referred to our sister department, the Department of Basic Education.

Reply:

The Border Management Authority has since July 2022, deployed 33 trained Border Guards attached to the Kosibay port of entry and are responsible for the management of the legitimate movement of people and goods. The Border Guards were in terms of Section 334(1), of the Criminal Procedure Act, appointed by the Minister of Justice and Constitutional Development as “Peace Officers”

In relation to the curbing of crime, the Border Guards execute their border functions in that border environment in collaboration and coordination with other security structures that includes the South African Defence Force (borderline) and with the South African Police Service in the declared ports of entry.

The success obtained since their deployment include the following:

• Arrested undocumented migrants: 360;
• Recovered and stolen vehicles: Toyota Prado and Green Toyota Conquest;
• Confiscation of illicit goods: 3 Bales of second-hand clothing;
• Detection and recovery of stolen properties: 3 Cell phones, 4 laptops and gearbox;
• Seizure of dagga; 33.924kg;
• One suspect was arrested for possession of Maritime Resources (lobsters and crayfish): Valued at R73 600; and
• One suspect was arrested for possession of human tissue (Bellybutton).

END

Reply:

1. Improvement of the EAF is a function of, inter alia, progress on the generation capacity of the Eskom installed fleet, on boarding of renewable energy and success of the Demand Side Management (DSM) programme. The build operate transfer model is being discussed in relation to the development and expansion of the grid.

2. Please refer to answer above.

Reply:

The Minister of Public Works and Infrastructure:

a) In the 2022/23 financial year, the Department of Public Works and Infrastructure (DPWI) through the Expanded Public Works Programme (EPWP) branch has supported a total of 271 small-, medium- and micro-enterprises (SMMEs) or enterprises. Below is a breakdown of the type of the enterprises supported:

• 1. 93 Private Companies
  2. 73 cooperatives
  3. 11 Non-Profit Organisations (NPO) or Social Entrepreneurs
  4. 5 Not yet determined (as they are in the process of registration) and 3 being Close Cooperation
  5. 86 Vuk’uphile contracting companies

b) The SMMEs supported through the EPWP Branch are located throughout the country. Below is a table showing the provincial breakdown:

Table 1: Provincial breakdown of SMMEs supported in 2022/23 financial year

Province	Number of Enterprises Supported
Eastern Cape	49
Free State	10
Gauteng	0
KwaZulu-Natal	31
Limpopo	63
Mpumalanga	14
Northern Cape	20
North West	63
Western Cape	21
Grand Total	271

c) The aim of the Expanded Public Works Programme (EPWP) Enterprise Development programme is to support enterprises from Programmes implemented by the EPWP sectors. Through Enterprise Development, EPWP participants are supported in their quest (desire or drive) to start and operate businesses so as to achieve sustainable livelihoods. The support offered in Enterprise Development varies from formation of enterprises to training of enterprises in business principles. Additionally, other support measures offered include but is not limited to:

1. Identification of potential enterprises in EPWP sectors and programmes
2. Providing business training
3. Building capacity of EPWP-created enterprises`
4. Providing assistance with business compliance, including business registration
5. Linking these enterprises with business development agencies and other opportunities
6. Forming linkages to aid access to markets providing financial and non-financial support

For contractors supported in the Vuk’uphile Programme, the support offered entailed facilitation of allocation of training projects for development of contractors.

Reply:

National Treasury has been part of the process to develop the policy paper on Comprehensive Social Security and Retirement Reform from its inception in 2007 and throughout the NEDLAC process, where it was tabled for discussion in 2016. The issues are complex, including the fiscal implications, and National Treasury continues to engage with the Department of Social Development. Such process is not merely one of submitting comments, as the fiscal framework is the responsibility of the National Treasury. The policy framework involves fiscal, economic and expenditure trade-offs, and requires the concurrence of all three departments. Ultimately, the policy paper will reflect the Government’s position, and not that of any one department, and will be made public as soon as governmental processes have been completed and approved by Cabinet.

Reply:

1. The department advertised bid for provision of physical security services at various facilities of the Department of Social Development in five (5) districts for a period of thirty-six (36) months. The bid was advertised in the Government tender bulletin, Departmental website and National Treasury on the 16th of September 2022 and closed on the 14 October 2022.

One hundred and ninety-eight (198) Bid documents were received from the Supply Chain Management.

The following process were undertaken as per Terms of Reference used to advertise the bid:

Phase 1:

• One Hundred and ninety-eight (198) documents were evaluated pre-qualification criteria as stated in the terms of reference.
• Eight (08) bidders were disqualified.
• One Hundred and ninety (190) bidders qualified for second phase.

Phase 2:

• Ninety-eight (98) bid documents were disqualified on Administrative Compliance
• Ninety-two (92) bid documents qualified for third phase of evaluation being Functionality.

Phase 3:

• Thirty-four (34) bidders were disqualified on functionality for not scoring a minimum of sixty (60) points.
• Fifty-eight (58) bidders qualified for fourth phase being site inspection.

Phase 4.

• Fifty-eight (58) bidders were inspected, and Twelve (12) bidders were disqualified.
• Forty-six (46) bidders qualified for the next phase being vetting by State Security Agency

Phase 5:

• Forty-six (46) bidders were submitted to State Security Agency and two (2) service providers were disqualified based on the vetting report.

Phase 6:

• Twenty (20) companies were disqualified based on the non-declaration of interest as per Standard Bidding Document 4 and under quoting based Psira Illustrative pricing Schedule.

Phase 7

• Twenty-four (24) companies were considered compliant in all evaluations stages and were further evaluated on price and BBB-EE.
• The Bid Adjudication recommended the highest point scorer with 100.00 points on all sites, to be appointed based on the proven capacity including available patrol vehicles and valid firearms.
• The BAC further recommended that department negotiate with other high point scorers as per their ranking, for allocation of the remaining sites which the highest point scorer would not be able to manage.
• The department negotiated and finalized appointment of eleven (11) service providers to provide security services in all the departmental offices across the province.
• The following are the names of all appointed companies:
• Gija Security Services
• Tubatse Security Services
• Leledu Security Services
• MC Tee Holdings
• Papa Mike Protection Services
• Ompwa Trading Enterprise
• Bravospan 90cc
• Petkay Trading Enterprise
• Vhutaka General Trading
• Nkari Security and Projects
• Marebole Security Solutions

(2) The department can confirm that all the bidders did declare their interest as per requirement in the Standard Bidding Document 4 section 2.3 which asks “Does the bidder or any of its directors / trustees / shareholders / members / partners or any person having a controlling interest in the enterprise have any interest in any other related enterprise whether or not they are bidding for this contract?”

The service providers further provided details of the companies they declared interest in. These declarations were noted by both the Bid Evaluation and Bid Adjudication committees. None of the companies indicated their matrimonial connection during the bidding process.

(3) The Bid Evaluation and Bid Adjudication Committee members did not declare any conflict of interest at any point during the evaluation and adjudication of the bid.

The service providers made the following declarations in their Standard Bidding Document 4, section 3 which reads as follows:

I, the undersigned, (name)…………………………. in submitting the accompanying bid, do hereby make the following statements that I certify to be true and complete in every respect:

I have read and I understand the contents of this disclosure;

I understand that the accompanying bid will be disqualified if this disclosure is found not to be true and complete in every respect;

The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However, communication between partners in a joint venture or consortium[1] will not be construed as collusive bidding.

In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications, prices, including methods, factors or formulas used to calculate prices, market allocation, the intention or decision to submit or not to submit the bid, bidding with the intention not to win the bid and conditions or delivery particulars of the products or services to which this bid invitation relates.

The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract.

There have been no consultations, communications, agreements or arrangements made by the bidder with any official of the procuring institution in relation to this procurement process prior to and during the bidding process except to provide clarification on the bid submitted where so required by the institution; and the bidder was not involved in the drafting of the specifications or terms of reference for this bid.

I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF PARAGRAPH 6 OF PFMA SCM INSTRUCTION 03 OF 2021/22 ON PREVENTING AND COMBATING ABUSE IN THE SUPPLY CHAIN MANAGEMENT SYSTEM SHOULD THIS DECLARATION PROVE TO BE FALSE.

The department took note of the declarations made by the companies and recorded them as such in the report. All These companies were evaluated and adjudicated as separate entities which conducts their business as such. Site inspections were conducted in their listed addresses and their capacity (vehicles, firearms, tools etc) individually assessed. The department did not have the basis to disqualify them from the bidding process.

1. ↑

Reply:

1. Yes, the exemption is valid from 19 May 2023 (the date of the notice). In the preamble of the certificate of exemption, the Minister makes it clear that the exemption is for a period of five (5) years.

2. Yes. Any person (not exempted by the Minister) found to be using listed equipment, or directs any person to use listed equipment, in terms of RICA, without an exemption, is guilty of a criminal offence.

3. I do not have powers to instruct the National Prosecuting Authority (NPA) to investigate incidents where surveillance equipment, known as grabbers, were purchased by the SA Police Service (SAPS). The NPA does not have investigative powers in this regard. Any allegations of a crime having been committed in this regard must be reported to the Directorate for Priority Crime Investigation (DPCI) and Independent Police Investigative Directorate (IPID) for investigation.

4. I do not have powers dispose of any article or power to confer to any institution to deal with a process of confiscation from SAPS and destruction of any article, including the listed equipment due to their unlawful nature. The aforesaid processes can be dealt with in terms of the provisions of sections 30 to 35 of the Criminal Procedure Act No. 51 of 1977, which deals with the disposal of articles after seizure.

Reply:

Cash transfers are effective in addressing negative coping strategies such as poor diets or debts. The distribution of cash allowances boosts the local economy especially on market days. Cash can link with existing social protection systems or build the blocks for future longer-term assistance from the outset. Cash transfer programmes such as the R350 SRD grant have been shown to have many benefits, including reducing dire poverty, increasing school enrolment, and improving nutrition.

The Department has completed and consulted on the draft policy on Basic Income Support, as a pathway to address the long-term income needs of vulnerable working age individuals. We are now refining the draft based on the constructive input we have received from various stakeholders, with a view to taking the draft policy through the Cabinet process, in the hope that it will get the necessary support and fiscal commitment to enable its approval for implementation. Given the fact that such a policy, if approved, would require legislative amendments, the Department is seeking to petition Cabinet to extend the R350 SRD provision for a further two years to ensure continuation of the much needed income support, until the more permanent BIS policy can be implemented.

Reply:

On 25 May 2023, a woman was shot in proximity of Wynberg Magistrate’s Court. At the time of her death, she was not a witness but an accused person who appeared in a murder matter. Prior to her death, she appeared in the Wynberg Magistrate’s Court, with two (2) other accused persons on a charge of murder.

On the day of her death, she appeared in court, whereafter her bail was extended until her next court appearance. Her death was unforeseen since she had appeared as an accused on several occasions prior to her death without any violence or threat of violence being inflicted. There was also no forewarning that an attack of this nature would be directed at the female accused person after her appearance in court.

Three (3) accused persons have since been arrested for her murder, and the matter as well as the circumstances surrounding her death are still under investigation. The investigation is at sensitive stage and revealing more information could cause potential harm to the witnesses or jeopardise the investigation.

Reply:

(a) and (b)

Relationships in the workplace are a responsibility of everyone - employees, supervisors, managers, executives, and trade union relationships. The Recognition Agreement signed with trade unions governs these relations and management programmes driven from Human Resources (HR) are in place to ensure that there is an engaged workforce in a harmonious and safe working environment. We continue to do everything to achieve this and below is a detailed account of the initiatives deployed to repair the relationship with labour, employees and between executives:

Eskom has an approved employee engagement programme geared towards enabling our employees to connect with each other and with the organisation. It is a 10 Platform programme that involves all stakeholders ranging from labour, bargaining level, managerial and executive employees, with strategic engagements with trade union leadership of the three recognised trade unions - NUMSA, NUM and Solidarity.

a) Eskom Executive messaging and communication platforms are leveraged to continuously engage leadership and employees to promote a sense of connection to the business and one another. This also includes organisation-wide publications, such as The Guardian, which promote a deeper sense of connection, engagement and relationship building amongst employees.

b) Eskom provides the infrastructure for various employee platforms, committees, and networks to strengthen communities of practice, enabling employees to keep on the pulse of the latest developments – this is a concerted effort made to ensure that wherever possible, employees hear news about Eskom from internal communication channels first and not external media. It is acknowledged that more can be done to strengthen the integration between internal and external communication efforts.

c) Eskom implemented two new talent development programmes to strengthen talent pools, build and retain leadership skills, and improve succession planning and leadership continuity. The top talent programme is focused on general and executive management positions, while the millennial talent programme is aimed at middle and senior management positions. The programmes commenced in October 2022 and will run until March 2024, whereafter the next cohorts will be selected. These programmes support and enrich relationships among Eskom’s leaders. In addition, Eskom rolled out the Management Development Programme (MDP) for 2022-2024 to supervisors, managers, and senior managers to equip leaders in their role to manage employees effectively.

d) Through its Employee Value Proposition (EVP) programme called “More for Me” that provides Eskom employees with over 1200 psychosocial resources which is available online 24/7 and serves as an additional tool to promote employee wellbeing, the Eskom Nkanyezi Programme which is an employee rewards/loyalty programme that offers employees discounts on various products and services through external service providers.

e) The Eskom launched the 1:1:6:10 Eskom Culture Transformation Programme, which is a key enabler for delivering a high-performance ethical culture as we drive the turnaround plan and power growth sustainably. This is backed by a Change Agent Network (CAN), appointing several change agents and champions (approximately 150 individuals). Eskom’s CAN serves as a critical connection/bridge between employees and leaders on all aspects related to Change Management and Culture Transformation.

f) The annual Eskom Human Capital Organisational Effectiveness (HC OE) Survey and other pulse surveys have been rolled out to assess employee views on several key dimensions of Employee Engagement, Employee Value Proposition and Organisational Culture and Change. Action planning within divisions to address survey gaps raised by employees also serves to strengthen relationships and drive enhanced morale.

g) The health and wellbeing of our people are important. Eskom has rolled out several health and wellness programmes that are intended to empower employees to make healthy and safe choices through prevention, treatment, care and support, education, and partnership. Of note to mention, Eskom’s COVID-19 response strategy was anchored in intense employee engagement and change management to drive performance and behaviour modification and was widely welcomed and appreciated by employees.

h) The employee assistance programme (EAP) continues to add value through counselling and psychosocial support programmes. This initiative is a contributing factor to help repair relationships as employees and management receive professional intervention and support in managing related challenges. Over the past year, mental health was identified as the most common problem affecting employees who contacted the EAP. In response, Eskom launched a digital application, LiveWell, in March 2023 to aid employees in dealing with mental health and stress-related challenges.

i) Events related to celebration, recognition and acknowledgement of excellence have been implemented to create unique employee experiences, which positively impacts employee relationships and morale.

j) Enhanced employee engagements, visible felt leadership, Gemba walks, engagements, Boots-on-the-floor site visits etc. have been conducted across various Eskom business areas. A Gemba Walk is a workplace walkthrough which aims to observe employees, ask about their tasks, and identify productivity gains. Hence, concerted efforts have been made to encourage executives to get out of the office and into the field, engaging employees and fostering improved relationships.

k) Employees at all levels of the organisation have undergone their annual declaration of interest submissions thus ensuring adherence to Eskom’s desired business conduct and ethical requirements. This, together with other related initiatives and associated training, builds trust and confidence amongst employees that Eskom is serious about eradicating corruption whilst simultaneously promoting ethics and integrity.

l) Successful conclusion of the Central Bargaining Forum (CBF) negotiations in June 2023 which resulted in a three-year collective agreement between Eskom and the three recognised trade unions on basic salary increases and improved Conditions of Service for Bargaining Unit employees. It bears noting that this is the first time in more than a decade that the parties have reached a collective agreement within the CBF process. This is a testament to the strengthening partnership with the trade unions. Relationships fostered during this process, will no doubt work towards the best interests of Eskom and the country.

m) Moderated (once per round) communication during the 2023 CBF process to allow all parties adequate time to engage their members/key stakeholders. This moderated (once per round) communication approach differed from the previous approach of daily Group Chief Executive messages to all employees and served to enhance the negotiation process. It also demonstrated respect for the views of Organised Labour, who had requested a more moderated approach to CBF GCE messaging and employee communication.

n) Employee and labour engagement initiatives continue to be delivered through various platforms, including leadership employee and executive engagement, organised labour, and Eskom leadership engagements through for a such as the strategic forum, leadership site visits, executive and staff interviews, and employee communiques and events to promote recognition and the celebration of success in the business. To continue in building a harmonious working relationship with trade unions, several initiatives were deployed from Human Resources, and they are:

• • An internal and an external expert disciplinary tribunal to supplement the current management of discipline processes to alleviate the backlog of cases. This will expedite the cases and improve fairness thereby building trust among organisational stakeholders. This will expedite disciplinary matters and create an easier process to manage conflict.

• • During the 2023 wage negotiations, Eskom reviewed the Disciplinary Procedure and Grievance Procedure with trade unions to ensure inclusivity and everyone giving an input, and these were implemented on the 1 July 2023.

• • We facilitate masterclasses on various topical issues to educate, empower and create awareness on labour relations and the management thereof across the company.
  • Other labour participative structures throughout all levels of the organisation are healthy and running well. These include the Central Consultative Forum, divisional forums, and business unit forums. The parties have agreed to reflect on their behaviours and submit proposals on how to improve the functioning of the structure and these will be rolled out continuously.

• • We had a third party facilitated discussion on how we can improve our relationships and how to apply our Recognition Agreement. Recently a Health and Safety Committee meeting consisting of top management and trade unions was held chaired by the Acting Group Chief Executive focusing on health and safety and the commitment of all parties to create a safe working environment.

• • We have introduced new courses to create an understanding of our policies and procedures. Further, we build capacity by conducting train-the-trainer courses that includes part-time shop stewards.

 

Reply:

a) In May 2023, PRASA completed Phase three of the procurement of security guards to protect identified high security risk areas and hotspots, an intervention, which has resulted in a noticeable decline in the theft of guard rails and overall crime incidents.(e,g) 4670 in 2017-2018 and 958 in 2022-2023.

PRASA also: (i) conducts regular joint crime operations, with the law enforcement agencies led by the South African Police Service (SAPS) targeting steel recyclers, an initiative, which is starting to yield positive results, (ii) is exploring alternative engineering solutions to reinforce vulnerable items along the railway network and (iii) attends the quarterly National Non Ferrous Metal Crime Combatting Committee (NFMCCC) and the National Rail Crime Combatting Forum (NRCCF) with the SAPS, to discuss national crime pattern analysis, crime threat analysis and formulate action plans.

b) Stolen guard rails/other assets are replaced almost immediately.

Reply:

MINISTER OF WATER AND SANITATION

a) Progress made towards the realignment of water boards is indicated in Annexure A below.

b) The reconfiguration of the Water Boards was intended to improve financial sustainability, extend services to areas that are not currently serviced and address institutional confusion caused by having multiple Water Boards serving the same area.

The Minister initiated the reconfiguration of Water Boards to:

• Strengthen the capacity and capability of the entities in Provinces (leveraging on existing technical skills)
• Improve and enhance institutional efficiencies and rationalise the number of institutions in the water sector to ensure economies of scale,
• Maintain financial viability and enhance the ability to raise capital from the market for infrastructure projects.
• The Department has reviewed the Water Boards in terms of financial sustainability, servicing areas that are not currently serviced and institutional confusion caused by having multiple Water Boards serving the same area.

The Minister initiated the reconfiguration of Water Boards to:

• Strengthen the capacity and capability of the entities in Provinces (leveraging on existing technical skills)
• Improve and enhance institutional efficiencies and rationalise the number of institutions in the water sector to ensure economies of scale,
• Maintain financial viability and enhance the ability to raise capital from the market for infrastructure projects.

c) The provinces in the Republic have been most affected by the realignment process are indicated in Annexure A.

d) Timelines that have been set for the completion of the reconfiguration processes are indicated in Annexure A.

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ANNEXURE A

(a) Progress made with realignment of Water Boards	(c) Affected areas and/or regions	(d) Timeline and milestones
Disestablishment of Sedibeng Water	Free State, North West and Northern Cape	February 2022 to 1 August 2022
Sedibeng Water was disestablished in July 2022. The assets and liabilities in the North West were transferred to Magalies Water and the Free State and Northern Cape assets and liabilities were transferred to Bloem Water as of 1 August 2022.
Sedibeng Water was delisted as a schedule 3B of the Public Finance Management Act, 1999 (Act No 1 of 1999) (PFMA).		28 Mach 2023
Reconfiguration of Bloem Water	Free State and Northern Cape	1 August 2022 to July 2023
Bloem Water services the entire Free State and Northern Cape and has taken over the staff, assets and liabilities from Sedibeng with effect from 01 Aug 2022.
The Gazette Notice for comments to be published for thirty (30) days outlining the intention to change the name of Bloem Water to Vaal Central Water Board was published
Final Gazette to change the name of Bloem Water to Vaal Central Water Board to be published
Reconfiguration of Umgeni & Mhlathuze	Kwa-Zulu Natal	July 2022 to 01 July 2023
The Minister consulted with the KwaZulu-Natal Provincial Government in terms of Section 28 of the Water Services Act, 1997 (Act No. 108 of 1997).
Minister published the Gazette Notice for thirty (30) days to change the name Umgeni Water to uMngeni-uThukela Water with effect from 01 July 2023.		19 June 2023
Minister published a final gazette notice extending the boundary of Umgeni Water to include Mhlathuze Water to form a single Water Board in the KwaZulu-Natal Province, disestablish Mhlathuze Water, the transfer of staff, assets and liabilities to uMngeni-uThukela Water with effect from 01 July 2023		19 June 2023
Advert calling for nominations for a new Board Members for the single Water Board in KwaZulu-Natal (uMngeni-uThukela Water) published		25 June 2023
Rand Water boundary to be extended to cover Mpumalanga and Gauteng Province	Gauteng and Mpumalanga	October 2022 to March 2024
The Minister published a Gazette Notice on 28 November 2022 in terms of Section 28(1) of the WSA for sixty (60) days outlining his intentions to extend the service area of Rand Water to Provide Bulk Water Services to the entire Mpumalanga Province.
Final due diligence is due on October 2023
Lepelle boundary will be extended to cover the entire Limpopo Province.	Limpopo	October 2022 to January 2024
High level desktop due diligence analysis is due by end of September 2023
Gazette notice to be published on the extension to cover Limpopo Province.
Transfer of Rand Water’s asset in Rustenburg from Rand Water to Magalies Water and transfer of Magalies Water assets to Rand Water	Gauteng and North West	July 2022 to December 2023
Final due Diligence is due on September 2023
Amatola Water Board will be extended to cover the entire Eastern Cape Province.	Eastern Cape	October 2022 to December 2023
The Minister published a Gazette Notice on 14 November 2022 in terms of Section 28(1) of the WSA for sixty (60) days outlining intentions to extend the service area of Amatola Water to cover the entire Eastern Cape Province.
High level desktop due diligence analysis is due by end of September 2023
Overberg Water Board will be extended to cover the entire Western Cape Province	Western Cape	November 2022 to December 2023
The Minister published a Gazette Notice on 3 November 2022 in terms of Section 28(1) of the WSA for sixty (60) days outlining intentions to extend the service area of Overberg Water to cover the entire Western Cape Province.
High level desktop due diligence analysis is due by end of September 2023

Reply:

a) The department of social development through SASSA provide grants to most vulnerable individuals in our country. There are different types of grants that are provided to vulnerable and poor individuals. In 2018/19 financial year the department planned to link abled bodied and young beneficiaries of child support grants (mothers of the children receiving grants) at the time of planning there were over 11million child support grant recipients. Currently there over 13.1million child support grants. The plan to link two percentage (2%) was preceded by the development of a framework to guide provinces. The linking programme started in the 2021/2022 financial year with only 20 000 grant beneficiaries linked to sustainable livelihoods.

b) The linking of 2% grant beneficiaries was meant to link only child support grants of which there just over 11million at the time of planning. The linking programme entails identifying young mothers and providing them with skills for employability, establishing projects and creating small businesses for them to depend on. Department intends to implement the Project on Linking in a gradual form taking into cognizance the amount of work that precedes the linking exercise such as identification of grant recipients, profiling of grant recipients, dialoguing to determine interests and skills possessed by mothers grant recipients, identification of opportunities where they can be linked, etc. The department set a 2% target based on the available resources the department has at their disposal. The Department believes that 2% is an affordable and achievable target. The target will be gradually increased based on the achievement of current target.

Reply:

1. I have been informed by the Commission that the matter has still not been concluded and the hearing has still not commenced.

2. The cause of the delay can be attributed to a number of challenges. At its meeting held on 31 August 2018, the Magistrates Commission (‘’the Commission’’) resolved to charge Mr Nzimande with misconduct. He was personally served with a charge sheet on 04 September 2018.

On 05 October 2018, the Minister, on recommendation of the Commission, provisionally suspended Mr Nzimande from office. The provisional suspension was confirmed by both the National Assembly and the National Council of Provinces.

On 25 October 2018, Mr Nzimande responded to the allegations of misconduct against him, as fully set out in the charge sheet, and denied all the allegations against him.

The previous Chairperson of the Commission had an agreement with the former National Director of Public Prosecutions (NDPP) to release a Senior Advocate from his Office to assist the Commission in leading the evidence at the disciplinary hearing.

The Senior Advocate was released for that purpose and was appointed on 04 December 2018 as the Person Leading Evidence (PLE). He however retired and was not willing to provide further assistance as the PLE. The newly appointed NDPP was advised accordingly and requested to appoint someone pursuant to the agreement with her predecessor.

On 22 February 2019, after obtaining approval from the Heads of Courts to release the magistrates to preside over Mr Nzimande’s disciplinary hearing, the Commission appointed three (3) Regional Court Magistrates as Presiding Officers (POs).

On 24 January 2020, the NDPP responded and confirmed they would release another senior advocate to assist as a new PLE. The new PLE unfortunately withdrew on 22 February 2021.

Following his withdrawal, the Commission resolved not to approach the Office of the NDPP for assistance again, and further resolved to appoint two senior magistrates as PLEs. On 29 March 2021, a Regional Magistrate and a Senior Magistrate were so appointed.

On 04 June 2021, the Regional Magistrate requested to withdraw as PLE for the reason that he would be retiring in 2022 and the disciplinary hearing will not be finalized by the time he vacates office.

On 20 August 2021, the Senior Magistrate also requested to withdraw.

The Commission there-after resolved to appoint two private practitioners as PLE.

The Commission found it difficult to find a Presiding Officer within the ranks of magistrates owing to Mr Nzimande’s rank as Regional Court President and seniority. The Commission then resolved to appoint a retired Judge to preside over the disciplinary hearing as the Regulations for Judicial Officers in the Lower Courts, 1994, were amended on 29 October 2021 to also make it possible to appoint a judge for purposes of a misconduct hearing.

3(a) The appointment of a Judge to preside over the misconduct hearing will enable the Commission to proceed with the matter. It is, however, difficult to specify any date. I have been informed that the Commission will ensure that as soon as the Presiding Officer is appointed, that the hearing takes place without any further delay.

(b) The total remuneration paid to Mr Nzimande since his suspension is R6 308 874.38.

Reply:

In each of the past five years,

(a) The Department of Health monitors the incidence of severe acute malnutrition which represents the number of children under five years of age who are diagnosed with severe acute malnutrition (SAM) per 1,000 children in this age group. Increases in the incidence may represent a real increase in cases or better case detection as a result of intensified case-finding and early identification and intervention.

Provincial figures for SAM incidence for the past five financial years are shown in the table below:

	2018/2019	2019/2020	2020/2021	2021/2022	2022/2023
South Africa	1,9	1,9	1,5	2,0	2,4
Eastern Cape	0,7	0,9	1,6	2,0	2,7
Free State	4,9	5,9	4,2	5,5	6,4
Gauteng	1,6	1,4	1,1	1,6	1,9
KwaZulu-Natal	2,1	2,0	1,3	1,6	1,9
Limpopo	1,2	1,1	1,5	2,2	2,9
Mpumalanga	1,6	0,8	0,7	1,0	1,3
Northern Cape	5,5	6,9	4,6	6,1	6,2
North West	3,7	4,2	2,1	2,7	3,7
Western Cape	1,7	1,6	1,0	1,3	1,5

The following provinces have reported an increase in the incidence of SAM over the past five years: Eastern Cape, Free State, Gauteng, Limpopo and Northern Cape.

(b) The percentage increase (or decrease) in SAM incidence in each province per financial year is shown in the table below.

	2018/19	2019/220	% increase	2020/21	% increase	2021/22	% increase	2022/23	Over five year period
South Africa	1,9	1,9	0,0%	1,5	-21,1%	2,0	33,3%	2,4	26,3%
Eastern Cape	0,7	0,9	27,1%	1,6	79,8%	2,0	25,0%	2,7	285,7%
Free State	4,9	5,9	20,4%	4,2	-28,8%	5,5	31,0%	6,4	30,6%
Gauteng	1,6	1,4	-12,5%	1,1	-21,4%	1,6	45,5%	1,9	18,8%
KwaZulu-Natal	2,1	2,0	-4,8%	1,3	-35,0%	1,6	23,1%	1,9	-9,5%
Limpopo	1,2	1,1	-8,3%	1,5	36,4%	2,2	46,7%	2,9	141,7%
Mpumalanga	1,6	0,8	-50,6%	0,7	-15,2%	1,0	49,3%	1,3	-18,8%
Northern Cape	5,5	6,9	25,5%	4,6	-33,3%	6,1	32,6%	6,2	12,7%
North West	3,7	4,2	13,5%	2,1	-50,0%	2,7	28,6%	3,7	0,0%
Western Cape	1,7	1,6	-5,9%	1,0	-38,8%	1,3	32,7%	1,5	-11,8%

(c) Interventions implemented in the past five years:

Eastern Cape	A mother and child development programme forum was established, facilitated by the Department of Social Development to foster collaboration by all departments to play their part in addressing child malnutrition. Growth monitoring at community level by the Ward Based Outreach Teams (WBOT’s) with periodic door to door campaigns in areas identified with high malnutrition incidence. Implementation of a multi-sector action plan to address prevention and management of acute malnutrition.
Free State	Provision of nutrition supplements to eligible children to improve their nutritional status. Immediate reporting of children with SAM to the district nutrition managers to conduct disease surveillance for further management. Community health workers conduct tracing and tracking of SAM patients who are treated at home. Ongoing efforts on screening, assessments and referrals of malnourished children for care and support. Collaboration between Health, Social Development and Agriculture to ensure that identified malnourished children benefit from social protection support measures on malnutrition, hunger and food insecurity.
Gauteng	Implementation of the food supplementation programme in all registered ECD in collaboration with the Department of Basic Education Continuous capacity building of health workers on infant and young child feeding, nutrition assessment classification and support.
KwaZulu-Natal	Implementation of poverty eradication focusing on the most deprived municipalities (Operation Sukuma Sakhe). Ongoing online training and competence assessment for all clinicians on inpatient management of severe acute malnutrition, led by the provincial office. Capacity building has been conducted on infant and young child feeding to prevent malnutrition in children under 5, and optimise nutritional status. A draft multi-sectoral Food and Nutrition Security Plan 2022-2025 has been developed and implementation is monitored and reported on quarterly.
Limpopo	Provincial Child health and Nutrition Strategy for 2023-2027 was developed. Nutrition assessment counselling and support at all facilities including Primary Health Care and hospital level. Monitoring of the SAM incidence at all levels of the province, district, sub-district and facility
Mpumalanga	Anthropometric equipment (length boards and height metres) were procured for all hospitals. Annual capacity building of clinicians on the Integrated Management of Common Childhood Illnesses (IMCI) was conducted in all districts which include growth monitoring and promotion and management of children with SAM, as well as ongoing Breastfeeding and Infant and young child feeding training at district level. Nutrition assessment counselling and support at PHC and hospital level. Implementation of the provincial multi-sector Food and Nutrition Security Plan to address malnutrition, hunger and food insecurity.
Northern Cape	Community nutritional screening and classification through community outreaches and outreached to ECD centres for early identification of acute malnutrition and referral for care and support. Severe acute malnutrition is included as discussion point at perinatal mortality meetings. Auditing and reporting of all SAM deaths to identify factors influencing the occurrence of malnutrition to inform prevention strategies. Malnutrition and early identification has been included in the Provincial multi-sector Food and Nutrition Security plan that is still being finalized.
North West	Community-based nutritional screening of all children under 5 years of age by CHWs Continuous capacity building of front-line staff in the initial management of children with SAM including on emergency triage and treatment. Collaboration between the districts WBOT’s with other government departments such as DSD, DHA, SAPS and SASSA to address social determinants of health. Implementation of Food and Nutrition Security plan to address malnutrition in collaboration with other Departments.
Western Cape	Continuous capacity building of front-line staff in the initial management of children with SAM including on emergency triage and treatment. Nutrition assessment counselling and support at PHC and hospital level Community Based growth monitoring using MUAC tapes. Skills development for facility-based staff to improve growth monitoring practices and frequency. Endorsement of District trainers to cascade growth monitoring and promotion (GMP) training in the districts. Training of health care workers Implementation of Nutrition Therapeutic Programme across the service platform including in secondary and tertiary hospitals. Implementation of the Multi-sectoral plan to address food insecurity, malnutrition and hunger.
Cross-provincial interventions implemented	In 2020-2022, the National Department of Health in collaboration with centre for Rural health, University of KwaZulu-Natal supported five Districts in Gauteng (City of Johannesburg, Ekurhuleni and Tshwane) and KwaZulu-Natal (Zululand and Umzinyathi) to roll-out a pilot project to build capacity of community health workers to train mothers to screen for acute malnutrition at household level to encourage early health seeking behaviour. This project has been formally evaluated. The 2 provinces developed plans to scale up this intervention in other districts.
	6 districts (Ekurhuleni, City of Johannesburg and Tshwane), North West (Dr Ruth Sekgomotsi Mompati), Eastern Cape (Oliver Tambo) and KwaZulu-Natal (eThekwini) are currently conducting an evidence-based planning bottleneck analysis to analyse barriers in scaling up and delivery of quality services for maternal and child malnutrition and plan interventions to address the gaps with support from National Department of Health and UNICEF.

END.

Reply:

1. The Department of Justice and Constitutional Development (the Department) does allocate the budget for the training of officials in child maintenance and such budget is allocated to the Justice College which is the official training business unit of the Department.

(a) However, the Department cannot provide a curriculum used for the training on the Maintenance Act, 1998 (Act No.99 of 1998) (the Act) as the training is conducted in collaboration with the National Prosecuting Authority (NPA) which provides the training materials and the facilitators. This collaboration was necessitated by the need to ensure that the same training messages is communicated to both Prosecutors who are deemed Maintenance Officers in terms of section 4(1) of the Act and the Maintenance Officers appointed by the Department in terms of section 4(2) of the Act. It must be indicated that the Justice College has human resource capacity constraints to conduct this training since the recall of Senior Lecturers who were Magistrates back to the bench. It is in this light that Senior Maintenance Prosecutors (SMP) of the NPA have facilitating the training coordinated by the Justice College and also they extend the training in the Provinces to the officials of the Department as and when training is coordinated by the NPA.

Although there is no formal curriculum on the Act, the Department conducts a number of education and training interventions to close the gaps and up skill the officials in the front line on support services that assist in performance and investigations in terms of the Act. The first training is conducted on Maintenance Online Trace and Track (MOTT) System which includes training on the system used to track and trace personal and financial details of parties. The second training conducted is on the Maintenance Integrated Case Management System (Maintenance ICMS) which enables Clerks of the Maintenance Courts to capture performance and process based information. This also delves on the relevant sections of the Act. The former training is conducted by the officials of the OCFA and also includes education on the Protection of Private Information (POPI) Act, 2013 (Act No.4 of 2013) (POPI Act) and section 205 Criminal Procedure Act, 1977 (Act No. 51 of 1977) (the CPA).

b) Training coordinated by the NPA is conducted on an annual basis. This training is always extended to the Maintenance Officers and Investigators appointed by the Department. However, as the NPA will be reviewing its curriculum in respect of training on the Act during the current financial year (2022/2023), Justice College has coordinated the training for court officials who need training in all the Regions for the current financial year (2022/2023). A training schedule has been issues and it will be facilitated by the two Senior Maintenance Prosecutors of the NPA and specifically targets Maintenance Officers and Maintenance Investigators across all the Regions.

2.b) (i) and (ii) A total of 2022 magistrates were trained by the South African Judicial Education Institute from 2012 to date across the different provinces regarding the Maintenance Act, Act 99 of 1998.

c) (i) It must be noted that no training evaluation has been conducted in respect of the impact of current training curriculum which is offered by the NPA as it has been indicated that the current training is dependent on the training conducted by the NPA because of the capacity challenges of Justice College. The engagements between the role players will include discussions on the review of the training materials by the NPA and the development of training materials for maintenance investigations. These discussions will include how and the frequency of external evaluation of the impact of this training.

ii) As responded above, no training evaluation has been conducted.

In conclusion, it is worth mentioning that the NPA is currently in a process of reviewing its curriculum on the Act, and one working session was already held on 19 May 2022 with Senior Maintenance Officers internally. Subsequent working sessions to involve the OCFA which is the business unit responsible for coordinating complaints management, performance, policy, stakeholder management and systems interventions with internal role-players in respect of Maintenance Services and the Justice College. Furthermore, the OCFA and NPA National Coordinator of the Senior Maintenance Officers are due to meet with the Justice College to discuss how to improve the current training arrangement and focus areas. This will include discussions about training evaluation as already alluded.

Reply:

Drawing from the research conducted by the Department of Justice and Constitutional Development, both in South Africa and comparatively, the following proposals for amendments have been published for public comments, with closing date of 15 August 2023, and further engagements with relevant stakeholders will be undertaken:

(a) The definition of occupational detriment should be expanded to include persons who are not employees, but who have disclosed in terms of the Protected Disclosures Act, 200 (Act No. of 2000). ‘Occupational detriment’ should be changed to ‘detrimental action’ or improper conduct to avoid a narrow interpretation of who may make a disclosure.

1. Consideration should also be given to inclusion of detrimental action by fellow employees. Improved measures to keep a protected disclosure confidential where information might identify the discloser, except in circumstances where, among others, the discloser consents to the release of the identifying information; there are reasonable grounds to believe that the release of the identifying information is essential for the effective investigation of the disclosure; to prevent a serious risk to public health, public safety, the health or safety of any individual, or the environment.
2. The creation of a reverse onus where any conduct or threat against a whistleblower is presumed to have occurred as a result of a possible or actual disclosure that a person makes, unless the person who engaged in the conduct or made the threat can show satisfactory evidence in support of another reason for engaging in the conduct.
3. The creation of an offence where a person uses force, coercion, threats, intimidation, or any other coercive means against another person with intent to prevent that person from, or influence that person to refrain from, making a disclosure.
4. Enhancing the powers of the South African Human Rights Commission to deal with protected disclosures.
5. Creation of a mechanism for the provision of legal assistance to whistleblowers.
6. Proactive measure by employers to appoint a “whistle blower champion” who is responsible for ensuring and overseeing the integrity, independence and effectiveness of the firm’s policies and procedures on whistleblowing; and to establish, implement, and maintain appropriate and effective internal arrangements.
7. The creation of a fund for whistleblowers. This will assist whistleblowers who have been dismissed, and who face severe financial hardship in meeting their basic needs and that of their dependents.
8. A provision that will make any clause in any agreement or contract that aims to contract out of the Protected Disclosures Act, unlawful.
9. To create an offence if a person or body does act upon a protected disclosure, after a disclosure has been made to it.
10. State protection to whistleblowers and their immediate families who has reasonable cause to believe that his or her life or property is endangered.
11. Inclusion of “whistleblower” in the definition of witness in terms of the Witness Protection Act.