Questions and Replies

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:

(a) In terms of the Legal Succession Act No. 38 of 2008 establishing the Passenger Rail Agency of South Africa, section 23(2) states that, “the second object and the secondary business of the Corporation (“PRASA”) is to generate income from the exploitation of the assets acquired by it”.

Subsection 3 states that, “In carrying out its objects and business, the Corporation shall have due regard to key government social, economic and transport policy objectives.

The Department of Transport and PRASA are not a custodian of housing delivery, however, in the context underpinned by the principles of cooperative government and intergovernmental relations, the entity has a duty to ensure that the goals and objectives of the Department of Human Settlement are supported and promoted. Therefore, PRASA made available land located near areas of economic activity for construction of decent and affordable housing opportunities with easy access to public transport services and social amenities.

Through an open tender land-release programme (National Station Precinct Development Programme), PRASA awarded development rights to a non-profit Social Housing Institution (“SHI”) to develop and manage the top structure rental stock in line with the Social Housing Regulatory Authority terms and conditions.

Therefore, the Social Housing units at Goodwood Station (in Cape Town) will be allocated by the Social Housing Institute directly to deserving beneficiaries. In order to qualify for this rental subsidy, rightful beneficiaries need to earn a gross monthly income between R1,850 and R22,000, and must:

• Be South African citizen or have a permanent residency permit.
• Be 18 years or older.
• married or living with a partner.
• May be single or divorced and have proven financial dependants permanently living together.

(b) The Department of Transport also supports an anonymous tip-off call centre established by the Human Settlement Department in collaboration Social Housing Regulatory Authority for anyone who wish to report any suspicion of fraud, corruption, bribery etc. The contact number is 0800 111 670 or [email protected].

Reply:

The Department has since embarked on a project to conduct vetting of the Mangaung Correctional Centre (MCC) personnel including contractors and staff members. A total of 507 Staff and 57 Contractors Personnel Suitability Checks (PSC) were conducted and processed. The PSC include the following:

• Criminal Record Checks
• Qualification verification (Matric and Tertiary)
• Financial record checks
• Property checks
• Directorship checks

As of the 05 June 2023, the Department will be processing the Confidential Security Clearances for all Mangaung staff members. The process involves:

• Completion of Security Clearance Application Forms (Z204) and quality checking for correctness upon submission; &
• Evaluating submitted additional documentations as per security clearance application requirement, well as PSC outcome reports.

Issuing of security clearance certificate is the responsibility of the State Security Agency (SSA) the department will then submit all files for processing to SSA. The envisaged submission date to SSA is 26 June 2023.

In addition, DCS also plans to implement a phased-in training plan for the MCC staff from 01 July to 30 September 2023, for all categories of officials needed for the Centre to function optimally. The training plan will target three groups of officials that are envisaged to staff the centre as follows:

• current qualifying staff who may be considered by the Department;
• officials from the Department who will be transferred from other components / centres; and
• qualifying former officials who will be recruited.

The detailed training needs are currently being determined and existing training curricula and manuals are being adapted for this purpose. Continuous training will also be provided beyond the dates mentioned supra.

END

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:

Hon. Ngcobo, the Inter-Ministerial Committee continues to be hard at work into resolving issues around road freight industry. As you are perfectly aware, because part of what you have stated in your question is that indeed we have multiple stages of implementations.

These will always be in various stages of progress. There are some that would be progressing quite well and there would be those that will continue to need a lot of engagement time with all the stake-holders. Negotiations with the relevant stakeholders, especially those who see stakes being too high, would always be a bit sticky and riddled with manifold intricacies. This is the reason why it would not be possible to then say on this particular time and date all will be well and good.

The other issue which is connected with this is that we are avoiding the issue of piecemeal publication of progress that we are making, when some of these areas are intertwined. But having stated that, in the area of persuading different groupings who ordinarily ought to be a single one, given their common interests, there is much focus in it. Yes, sometimes, the progress can easily be seen as the back and forth one, in the sense that, one time there is an agreement, in the next time others define themselves outside of what you would have thought has been dispensed with.

In the area of Employment and Labour, we are also pushing very strongly for the holistic resolution into the matter. Yes, we are very much aware that some of the challenges that we face as the country is economy that is not rising, in cases where it does, it is not necessarily inclusive. Remember, economic growth will lead to employment. So, hence we are pushing for the Labour Migration Policy, which is one leg of the Employment Policy. But even there, it is not in our plans to push a policy that may be quickly be found to be inconsistent with the country’s constitution – that is one. But, two, the one that is full of unintended consequences. And three, the one that adding to the challenges than solving them. So, we are so focused, meticulous and diligent in the work that we do.

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:

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.

---00O00---

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:

(a)(i) The following numbers of employees were suspended in the months indicated below:

2021/2022

MONTH	(i)	(ii)	(iii)	(iv)	(v)	(vi)
April 2021	3	R19 445 569,25	Procurement-related irregularities	Case 1: Matter awaiting outcome of arbitration at CCMA.	No acting incumbent	N/A
				Case 2: Disciplinary hearing postponed sine die pending a legal opinion.	No acting incumbent
				Case 3: Hearing continued in June 2023.	No acting incumbent
August 2021	1	R3 267 486,60	Gross negligence	Hearing pending due to unavailability of witness from SCM	Person Acting
January 2022	2	R4 768 846,14	Case1: Unfair disqualification of bidder who scored the highest points resulting in an incorrect award.	Employee found guilty on all charges on 12 May 2023. Awaiting date from Chairperson for evidence in mitigation and aggravation.	No acting incumbent
			Case2: Gross Negligence, Gross Deereliction of Duty	Charges finalised , hearing date 16-01-2023	Acting incumbent
February 2022	2	R6 440 994,70	Case 1: Dereliction of duty; dishonesty Case 2: Gross misconduct, contravening PFMA and breaching company policy	Case 1: Forensic investigation is yet to be undertaken.	No acting incumbent
				Case 2: Awaiting dates for continuation of hearing.	No acting incumbent
March 2022	1	R453 000,00	Threatening behaviour, inciting violence and false allegations	Suspension has been extended. Employee charged - pending disciplinary hearing. Hearing scheduled 13-14 March 2023.	No acting incumbent	N/A
2022/2023 FINANCIAL YEAR
June 2022	1	R1 636 690,00	Contrevenion of Recruit/Selection policy	Investigation finalised Line to advise on way forward	Acting incumbent
July 2022	1	R2 001 725,80	Misconduct	Employee being engaged for mutual separation	Acting incumbent
August 2022	1	R345 792,44	Gross misconduct	Investigation in progress	Acting incumbent	R26712.98
September 2022	2	R2 168 423,00	Case 1: Investigation ongoing	Attorneys in process of drafting charges for new evidence submitted	No acting incumbent	N/A
			Case 2: Investigation ongoing	RFQ for forensic investigation to be finalised	No acting incumbent	N/A
October 2022	4	R2 977 716,96	Case1: under investigation	Forensic investigation in progress	Person appointed on fixed term contract
			Case2: Insubordination and gross misconduct	Matter was held on 31 March 2023 and awaiting new date from the Chairperson	No acting incumbent	N/A
			Case3: Misconduct	Investigation ongoing awaiting report	No acting incumbent	N/A
			Case4: Misuse of Company Vehicle	Disciplinary finalized awaiting verdict	No acting incumbent	N/A
November 2022	3	R1 897 216,50	Case1: Gross negligence and insubordination	Closing arguments were made on 21 April 2023. Awaiting Chairperson's ruling.	Acting incumbent
			Case2: Charges to be confirmed	Awaiting final investigation report from Protection Services.	Acting incumbent
			Case3: Theft of identity	Pending - Awaiting appointment of initiator	No acting incumbent
2023 CALENDAR YEAR TO DATE
February 2023	3	R157 031,28	Fraud, theft and gross dishonesty	Hearing was held on 30 May 2023. Plea bargain was entered into. Employer revoked the plea bargain and aggravated for dismissal. Awaiting employees to resubmit mitigating evidence.	No acting incumbent
			Fraud, theft and gross dishonesty	Hearing was held on 30 May 2023. Plea bargain was entered into. Employer revoked the plea bargain and aggravated for dismissal. Awaiting employees to resubmit mitigating evidence.	No acting incumbent
			Fraud, theft and gross dishonesty	Hearing was held on 30 May 2023. Plea bargain was entered into. Employer revoked the plea bargain and aggravated for dismissal. Awaiting employees to resubmit mitigating evidence.	No acting incumbent
March 2023	5	R155 030,38	Absence without leave	Employee was served with suspension letter on 24 March 2023 pending investigation
			Assault	Awaiting investigation report
			Serious Misconduct	Investigations is being carried out. Pending the outcome of investigations
			Theft	Employee charged criminally, out on bail.
			Theft	Employee charged criminally, out on bail.

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.

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 budget allocated towards the maintenance of courts relates to the physical aspects of maintenance. The modernisation of the Court Recording Technology (CRT) solution is to be funded via other programs of the Department, which includes the Modernisation program and the Integrated Justice System (IJS) program.

The modernisation of the CRT solution will be implemented in an integrated approach. It will cater for the recording of court proceedings, have audio and visual capabilities and will be known as the Court Recording Audio-Visual Solution (CRAVS).

This CRAVS solution will comprise of features that includes, amongst others, a digital courtroom platform to enable face-to-face online court sessions from anywhere within, or outside the country. In this regard, participants only need a camera connected with an internet device to attend the court session virtually and can interact with the Judicial Officer and court through a secure video stream. It will be a very simple solution to use, where each participant can add documents with a secure sharing facility with counsel, clients and opposing parties. It will have real-time transcription software that helps view and maintain live court proceedings and in the case of fines as an example, defendants can instantly resolve fines or set up a payment plan, virtually.

It is envisaged that the 1st phase of the CRAVS solution will be rolled out to 170 courtrooms by 31 March 2024, in line with the Departments 2023/24 APP.

It should also be noted that the CRAVS solution will require a stable underlying ICT infrastructure and network. Accordingly, the Department is also engaging on a project to upgrade both the WAN and LAN networks of all the courts. All courts with copper lines will be upgraded to fibre, and those that already have fibre will have their bandwidth upgraded, if it is found to be insufficient.

Reply:

I am advised by the Minister of Justice and Correctional Services that there are currently 13 Judges in the Labour Court.

To deal with the current backlog of cases, the court is using Acting Judges appointed on a pro bono basis.

The Minister of Justice and Correctional Services has agreed with the Judge President of the Labour Court on a process to address this situation as required in the regulations for the expansion of judicial establishments.

Upon receipt of a recommendation on the proposed increase of the judicial establishment from the Minister of Justice and Correctional Services, which will take into account the required resources, I will indeed consider the best option on the judicial establishment of the Labour Court.

It should be noted that the Minister of Justice and Correctional Services has appointed a Committee on the Rationalisation of the High Courts led by former Deputy Chief Justice Dikgang Moseneke. It is mandated to, among others, assess the judicial establishment of each division of the High Court with a view to ensuring equitable distribution of judicial posts across all the divisions.

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:

The Minister of Public Works and Infrastructure:

1. The Matjhabeng Local Municipality in the Lejwaleputswa District in the Free Street submitted their Replacement of old Asbestos Cement and Galvanised Steel pipes project to Infrastructure South Africa. This submission was borne out of the municipality-led feasibility study that was concluded in September 2021. The study indicated that the municipality is experiencing high water losses due to pipe bursts attributable to high network pressures and aging Asbestos Cement and old Galvanised Steel pipe network. The municipality is incurring high costs to repair the old and deteriorated water distribution pipe networks. This infrastructure requires replacement. The total estimated cost for this project is R1.6 billion.

2. This water and sanitation project has been prioritised by Infrastructure South Africa for project preparation and packaging. The Matjhabeng Local Municipality does not have funding allocated for this project. In this regard, Infrastructure South Africa is currently packaging the project to comply with the requirements of the National Treasury’s Budget Facility for Infrastructure (BFI). Some of the requirements by the BFI includes detailed cost benefit analysis, economic viability assessments, financial modelling and procurement strategy. Infrastructure South Africa, working closely with the municipality, will be submitting the BFI application on or before 14 July 2023, for consideration for funding through this process.

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:

The Minister of Public Works and Infrastructure

(1)

(a) The Board of Trustees on the 26 August 2022, resolved to approve the provision of security for the Acting Chief Executive Officer (ACEO).

(b) The procurement process was undertaken through the IDT’s SCM processes allowing for urgency and a single source bid.

(2) The approval was granted based on the ACEO’s report tabled to the Board on 26 August 2022. The CEO reported that the Hawks were conducting a risk assessment and the Board directed that the risk assessment by the by the relevant law enforcement agencies should be comprehensive in context so that it is treated with the seriousness it deserves.

(3) Yes, the need for continued security services will be reviewed as and when necessary. The Board will assess the security services at the Board meeting of 31 May 2023.

(4)

(a) Duration of contract: 1 year starting from 01 November 2022.

(b) Expenditure to date is R855 600.00

Reply:

The City of Cape Town was allocated R111 Million in March 2023, with the intention to relocate 16 informal settlements that are currently on unsafe land that is prone to flood disasters and those that are residing on the PRASA line in Khayelitsha.

1. A stakeholder meeting between the National Department of Human Settlements: Informal Settlements & Emergency Housing branch (NDHS); Western Cape Department of Human Settlements (WCDHS), Housing Development Agency (HDA) and the City of Cape Town on the 22nd of May 2023 to deliberate on the progress of this relocation process and the challenges thereof. It was then reported to the meeting that the HDA has proactively procured two land parcels that at a cost of R72 Million, with the intention of fast-tracking the relocation process. However, the challenge is that the City of Cape Town doesn’t have a funding agreement with HDA that will enable the municipality to transfer funds to HDA for the land parcels and to be the implementing agent for the provision of basic services. Therefore, it was then resolved from this meeting that an urgent meeting between NDHS, National Treasury (NT) and City of Cape Town (CCT) to conclude on the most legally viable approach to resolving this matter, which might warrant a possible rollover of funds considering the 30th of June 2023 end of the financial year.
2. During the 2023 Budget vote the Minister pronounced that the HDA has been appointed as the implementing agent for upgrading all informal settlements in City of Cape Town, as a strategy to improve the pace.
3. A follow-up meeting between NDHS, NT, WCDHS and CoCT will be convened before the end of July, to conclude the financial and non-financial implementation plan for this project and a final report will be submitted to the Minister of Human Settlements for consideration and approval.

Reply:

Water tanks are an interim measure employed by municipalities in areas where there is insufficient infrastructure and shortages of water supply through the water distribution system. This interim measure ensures availability of water to those affected communities as an alternative.

It is a costly exercise and should be properly managed by municipalities to ensure that these services are procured through a competitive bidding process. The key solution is proper operations and maintenance of the available infrastructure, to avoid water supply interruptions. The department is also supporting municipalities through its grants to fund refurbishment and upgrades, including the development of new infrastructure to meet the water demands efficiently, with proper water services to all.

All water sources or water services provided through tankers must be tested for acceptable water quality before being dispatched to the communities concerned. This water testing exercise should be conducted daily and consistently to ensure compliance with SANS on water quality. The norms and standards of the department prescribe that if traces of poor water quality are identified, the municipalities must immediately inform the communities.

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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:

In the anti-corruption sphere, we significantly expanded the capacity of the Investigating Directorate (ID) and are institutionalising its operations as an integral part of the National Prosecuting Authority (NPA). The ID has enrolled eighteen (18) new matters this financial year, meaning a total of thirty-four (34) matters have been enrolled with 203 accused over the last four (4) years. Thirteen (13) new investigations were authorised, totalling ninety-seven (97) matters authorised over the last four (4) years.

A significant success of the ID during the financial year was its contribution to the recovery of R2.5 billion, which was paid into Criminal Asset Recovery Account (CARA). Whilst it is acknowledged that there is still a long way to go, this represents a significant milestone in the recovery of assets that were illegally obtained through state capture.

Over the last year, the NPA’s Asset Forfeiture Unit (AFU) secured freezing orders valued at R570 million as part of its strategy to pursue the monies stolen by the perpetrators of corruption and the enablers and facilitators of state capture. The finalisation of two (2) high value corruption cases contributed to the AFU obtaining recoveries in corruption and related matters to the value of R2.83 billion during the financial year.

Cumulatively, R10.2 billion has been frozen over the past four (4) years of the five-year Medium-Term Expenditure Framework (MTEF) period. The NPA has recovered R2.55 billion in state capture cases alone.

An Integrated Task Force chaired by the Deputy National Director of Public Prosecutions (DNDPP): NPS was introduced early in 2022 to coordinate the response of the NPA and DPCI to the recommendations of the Zondo Commission. The establishment of an Advisory Panel of experienced prosecutors and investigators to hear and advise on cases has been a very successful initiative, increasing the confidence of prosecutors and investigators dealing with complex matters.

Following additional funding from National Treasury, the NPA establishment was increased from 4 967 to 5 353. The capacitation of specialised units, especially the SCCU and the ID, remained a priority as a response to the Zondo Commission. The filling of the Aspirant Prosecutor posts and newly appointed Prosecutors allowed for more experienced staff to be promoted to specialised areas such as the ID, Specialised Commercial Crimes Unit (SCCU) and Specialised Tax Units.

With the assistance of the Chief Justice and the Department of Justice and Constitutional Development (DoJ&CD)’s Capacity Enhancement Committee, the SCCU set up dedicated Specialised Commercial Crime Courts (SCCCs) in regions that did not have such courts. There are currently twenty-two (22) dedicated courts throughout the country with a footprint of dedicated commercial crime courts in all Provinces – Limpopo, North-West, Northern Cape and Mpumalanga previously in 2019 did not have such courts. SCCU Prosecutors increased from 105 to 225. Support staff stand at thirty-seven (37) with additional twelve (12) posts created between 31 December 2019 and 31 March 2023.

The additional SCCCs allowed the NPA to focus on backlog cases resulting in a 2% decrease (from 823 to 808) in the past financial year. This represents a 22% decrease from the end of the 2021 financial year (1 040 to 808).

In the 2022/2023 financial year, the DoJ&CD took steps to enhance six (6) of the SCCC with technological tools to enable virtual testimony and the receipt of digital evidence. This will go some way to avoiding postponements that may arise when witnesses, etc are not physically available. In the 2023/2024 financial year, a further two (2) SCCC will be enhanced in the same manner.

The focus on old cases had a slightly negative impact on the conviction rate as there were challenges with some of these cases. However, the additional courts did result in a 5.8% increase in the number of cases finalised, from 344 to 364. An increase in percentage of accused being sent to direct imprisonment from 29.2% in 2020/21, then to 34.9% in 2021/22 and now currently at 38.2% has also been significant in the fight against serious commercial crimes. Furthermore, an increase in compensation orders granted, from 39 in 2020/21 to 65 by the end of March 2023, was also noted.

The SCCU actively participated in the Fusion Centre, which serves as a good example of stakeholder collaboration. As a result, thirty-four (34) cases of fraud and related offences related to COVID-19 and South African Social Security Agency grants have been enrolled in the past year.

On the Anti-Corruption Task Team (ACTT) Priority List of identified cases, seventy-nine (79) cases are enrolled with 363 accused (21 enrolled in High courts). Nineteen (19) of these cases are already partly heard.

With effect from 1 April 2022, a Special Director of Public Prosecutions responsible for the General Prosecutions and Specialist Tax Component portfolios was appointed in the NPA. The regional capacity of the Specialist Tax Component has increased in the past financial year. The approved establishment throughout the country has grown to hundred (100) posts, of which eighty-five (85) are filled. The upward performance trajectory of the Unit continued. Prosecutors finalised 138 cases and achieved a conviction rate of 96.4%. This success is underpinned by the component’s ability to attract and retain highly experienced staff.

The impact of COVID-19 during the 2020/21 financial year can be seen in the Table below. However, since middle of 2020, a remarkable improvement in all areas of corruption and fraud related matters has been recorded.

Although significant impact can already be seen, a lot of work is still in progress with refinement and changes to be effected. The ID still needs to broaden its establishment and be capacitated as a permanent structure. I have already approved Regulations that bestow peace officer powers on ID Investigators. These Regulations are significant as they provide investigators with the necessary powers to conduct their work prior to arresting suspects.

Details of specific inroads to arrests, prosecutions and convictions will be released in the Annual Report of the National Director of Public Prosecutions.

Over and above the progress noted by the NPA, from a policy and legislative perspective, I have recently released the discussion document on whistle-blower protection which contains far reaching proposals to amend the Protected Disclosures Act, 2000 (Act No. 26 of 2000) and the Witness Protection, 1998 (Act No. 112 of 1998).

The definition of occupational detriment should be expanded to include persons who are not employees but who have disclosed in terms of the PDA.

• ‘Occupational detriment’ should be changed to ‘detrimental action’ or improper conduct to avoid a narrow interpretation of who may make a disclosure.
• Improved measures to keep a protected disclosure confidential where information might identify the discloser.

• 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.
• 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.
• Creation of a mechanism for the provision of legal assistance to whistleblowers.
• Proactive measures by appointing 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.
• 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.
• Make it an offence if a person or body does act upon a protected disclosure after it has been made to it.
• Protection by the state to whistleblowers and their immediate family members in instances where their lives or property is endangered.
• Inclusion of whistleblower in the definition of witness in terms of the Witness Protection Act.

Parliament has also introduced legislation through the Judicial Matters Amendment Bill, 2023 to amend the section 34 of the Prevention and Combatting of Corrupt Activities Act, 2004 to hold the failure by members of the private sector or incorporated state-owned entities to prevent corrupt activities by creating a criminal offence in that regard.

Legislation has also been drafted to create amend the National Prosecuting Act, 1998 to make the Investigating Directorate a permanent entity instead of one declared by the President by way of a proclamation.

The Department of Justice and Constitutional Development is also finalising the review of the anti-corruption architecture of South Africa, with a view to introduce legislation to further strengthen the fight against corruption.

 

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 department developed a framework for linking social grant beneficiaries to sustainable livelihoods and economic opportunities in provinces through sustainable livelihoods programmes.

a) (i) (ii).The department has linked 49 449 persons that receive a social grant to economic and employment opportunities. The linking data is not disaggregated according to the permanent or temporary opportunities but only economic or sustainable livelihoods opportunities. Since 1 January 2019 the department of Social Development have managed to link 49 449 persons receiving social grants to Sustainable Livelihoods opportunities as follows:

PERSONS LINKED TO ECONOMIC OPPORTUNITIES

Province	Linked to economic opportunities	Type of linkages
Eastern Cape	6 262	Skills, employment, cooperatives
Free State	2 348	Skills, employment, cooperatives
Gauteng	25 900	Skills, employment, cooperatives
Kwa Zulu Natal	976	Skills, employment, cooperatives
Limpopo	848	Skills, employment, cooperatives
NDA	2300	Volunteerism
Mpumalanga	18	Skills, employment, cooperatives
Northern Cape	848	Skills, employment, cooperatives
North West	329	Skills, employment, cooperatives
Western Cape	9620	Skills, employment, cooperatives
Total	49 449

b) The department link persons and households that receive a social grant, to economic and sustainable livelihoods in all nine provinces. Since 1 January 2019 the department of social development and its entities have managed to link an average of 12 362 households to sustainable Livelihoods opportunities.

SASSA

(a) (i) and (ii)

SASSA has a target on its Annual Performance Plan to link beneficiaries to economic and developmental opportunities. Activities which support this target include sharing details of children who are in grade 12 and are benefiting from social grants with the National Student Financial Aid Scheme. This ensures that the children on the social grant system are first in line for financial aid, to enable them to study further. It is believed that education will enable these young people to break the cycle of inter-generational poverty and dependence on social grants.

Another initiative which SASSA is engaged with is to collaborate with the Project Office in the Presidency which is responsible to implement the Presidential Youth Employment Programme. SASSA assisted in sending SMS notifications to all the young people aged 18 to 35 years who had applied for the social relief of distress grant of R350 to alert them of the youth.mobi website. This website contains information of multiple work opportunities in both the public and private sector, where young people can get information to follow up if they feel they are suited.

GENERAL

The Department and its Agencies (SASSA and NDA) with the support from FinMark Trust (FMT), an independent trust, are piloting the “Generating Better Livelihoods for Grant Recipients” project in line with the Department’s Framework on Linking Social Protection Beneficiaries to Sustainable Livelihoods Opportunities. The project aims to develop pathways for social grant recipients to attain sustainable livelihood opportunities through employment, skills development and/or entrepreneurship. The project’s primary target is child support grant; However, the support will not be limited to this target group. It will be extended to other household members including the beneficiaries of the Covid-19 SRD grant.

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 Department of Public Works and Infrastructure does not provide any accommodation for former members of the executive who served in the apartheid government. There is no policy provision or law that provide for such.

___________________________

MR. S ZIKALALA, MP

MINISTER OF PUBLIC WORKS AND INFRASTRUCTURE

DATE:

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:

The visit provided South Africa and Singapore with an opportunity to discuss areas of cooperation that are firmly focused on the future. This included cooperation in the fields of digitalisation, communications and technology, water and sanitation, and skills development, among others.

The Memorandum of Understanding (MoU) on Skills Development that was signed during the official visit on 16 May 2023 aims to enhance skills development in the areas of exchange and training of best practices in digitalisation, leadership and governance, women’s empowerment, youth development and education, science and innovation, port management and trade and economy. More than 1,000 South African officials have been trained under the auspices of the Singapore Development Programme.

The MoU on Information and Communications Technology aims to exchange best practices in ICT, digital technologies and artificial intelligence and robotics. The two countries also agreed to deepen their cooperation in science and innovation.

There is significant potential to further develop the two countries' economic partnership.

This was evident in the business delegation that accompanied Prime Minister Lee, comprising representatives of a number of sectors, including ports, logistics, healthcare and biomedical, food manufacturing and engineering.

While there is much opportunity for cooperation in these and other areas, the country’s respective development paths are not comparable.

South Africa’s colonialism lasted for hundreds of years, followed by the exclusion of the majority of the population, through apartheid, from economic opportunities, education and other forms of capabilities needed for inclusive development. South Africa’s development path, through the establishment of a constitutional democracy, was not necessarily followed by several of the so-called Asian Tigers.

We can draw on each other’s respective capabilities, but we cannot make simplistic comparisons of each country’s historic progress as we work to develop pathways to address systemic poverty and inequality.

 

Reply:

The roles of the Department of Water and Sanitation (DWS) are defined in the National Water Act and Water Services Act. DWS is the regulator of the sector, issues water use licenses, and has responsibilities relating to water resource planning and catchment management. Water provision to marginalised communities in municipalities is the responsibility of municipalities. However, the Department has a responsibility to support municipalities, this includes providing allocation to municipalities from the Water Services Infrastructure Grant (WSIG) and the Regional Bulk Infrastructure Grant (RBIG).

The DWS engaged the Thembisile Local Municipality and they confirmed that the pipeline supplying Zakheni village was damaged by the floods for a period of three (3) to four (4) months which affected water supply. The status is reported as follows:

• The contractor was appointed, and repairs to the damaged pipeline were completed on 30 April 2023.
• Water has been restored in the area and is supplied on rationing scheduling.
• Other areas still receive water through the water tanks to augment the unconnected or unserved areas.
• The municipality is building a new reticulation pipeline.
• The long-term water supply plans for the area are as follows: The Thembisile Hani Local Municipality is supplied by Rand Water and the City of Tshwane based on agreed contracts as it does not have a dedicated water source to supply water to the residents of the municipality. The water supply contracts with Tshwane and Rand Water are under review to increase the current water supply.
• The community of KwaMhlanga and Zakheni will also benefit from the Loskop Bulk water supply scheme once it is completed. The anticipated completion of the project is planned for November 2024.

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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:

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.